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ISLAND ESTATES NEIGHBORHOOD PLAN SEPTEMBER 19, 2002 Island Estates Neighborhood Plan Prepared by the Island Estates Neighborhood and the City of Clearwater Planning Department Adopted: September 19, 2002 ~ Clearwater u Island Estates Neighborhood Plan Prepared by the Island Estates Neighborhood in conjunction with the City of Clearwater Planning Department September 19,2002 Community Development Board Hearing: June 18, 2002 City Commission Approval: September 19,2002 Resolution No. 02-23 Clearwater City Commission Brian J, Aungst, Mayor Whitney Gray, Vice Mayor Hoyt Hami Iton Frank Hibbard Bi " Jonson City Administrators William B, Horne il, City Manager Garry Brumback, Assistant City Manager Ralph E. Stone, Assistant City Manager Pamela K, Akin, City Attorney Community Development Board Carlen Petersen, Chair Ed Hooper, Vice-Chair John Doran David Gildersleeve, Edward Mazur, Jr, Shirley Moran Alex Plisko Kathy Milam,Alternate Island Estates Neighborhood Overlay Study Committee Curt Waldon, Chairperson Phylis Boksen Fran Briskman Tom Caleca Sandy Cole Jack Heckert Rusty Hoaglin Dan Molino Sheron Nichols Chuck Stebbins Lars Warn Former Members: Shei la Cole Angus McNeely Jim Steensen Planni ng Department Cyndi Tarapani, Planning Director Lisa Fierce, Assistant Planning Director Gina Clayton, Long Range Planning Manager Lochen Wood, Planner Island Estates Neighborhood Plan Table of Contents Introduct io n .........,."" ,....""""""..,.,...............""..............",.""""" ........"""""..",.."".""""" 1 Neighborhood Conservation Overlay District.......................,........................... 1 Island Estates Planni ng Process ......... ......................,......................................,..... 2 Nei gh borhood Des cri pt io n ........ ...." ...."..,..,.......".""".. ........,..,.."""..".."..,.."..,.... 4 Is land Estates Civi c Association ..,......,..""".,.,.,...""""...........""."""""...,.."..".. 12 Strengths and Weaknesses ............"""......,.,."""""""".,.,....."""""",."..."""""".,..,.,...., 13 S trengt hs ..,...." ...........,......""..""."."""""""".,........ ...,......".,....".."........".."""........ 13 Weaknesses..""..,...." ........""".,."""""""",....,.,...,...,...,........,...,."""....,....""""""".. 14 Goals and Object i ves "'" ........,..""...."",."""""""..."....", ......"""".., ......, ................"""",.., 17 Nei gh borhood A menit ies ,...."..,.,..""""..,...." .........."""""" ........,.....""""".....,.,.", 17 Waterfront and Canals """..,.........,..,......,.."""""""""",.."""",".."""""......"""", 17 Traffi c and Street Use .........................................................................................., 18 Neighborhood Appearance and Maintenance ...................................................,19 Character of Redevelopment ,..,..""",..,.."."""""",........""..,.,...."..""""""""",... 21 Uti I ities and Infrastructure "..,..""""""".""....""....."""..",..,."....,"..,..............., 21 Mi nimum Rental Periods ,........"",..",.."...,...................",..",......"............"",..,...".... 2 2 Implementat io n ....,.... ....,..""...... ........,.......,..,..,.".."""",....,...." ....,....."""""...""" ........., ...., 23 Development Standards"".."""""""""."""""......" .......,.",.."..., .............,."""....,.. 2 3 Nei gh borhood Requ i rements .."..,...........,...,... ........,.,....... ..............."......,.,..........., 2 8 Neighborhood Strategies and Activities ........................................................... 30 Co nc lusio n ,...."....,."".... ....,.....,..",........"......"......"......"......, ........",........ ....,....,..""" ......""".. 3 3 Append ices,.."""".. ......, , .........., ......"".,..,..""""""""""""",....,........,.."""".,."..,.., ,....""..".., 3 5 Appendix A - Designation and Planning Process Calendar ............................. 37 Appendix B - Ranki ng Ballot.......................................... ...........................,.............. 41 Appendix C - Ranked Items for Development Standards............................. 43 Appendix D- Grouped Strengths .......................................................................... 45 Appendix E - Grouped Weaknesses...................................................................... 47 Appendix F - Ballot Package and Tally.........................................................,..... 49 Appendix G - Ordinance No, 6981-02 - Adopting the Island Estates NCOD . ,.....,., ....,......".... ..............."...,...""""""""""..,........"",....""",....,.."""",.., 57 Table 1 - US Census Demographics for Island Estates............................................. 10 Maps Map 1 - Island Estates Neighborhood Location ............................................... 6 Map 2 - Island Estates NCOD Area Boundary ................................................. 7 Map 3 - Island Estates Zoni ng ....................,........................................................ 8 Map 4 - Island Estates Residential Areas ,......................,................................. 26 Introduction Neighborhood Conservation Overlay District In 1999, the City of Clearwater adopted its existing Community Development Code that implemented a new planning tool known as the Neighborhood Conservation Overlay District (NCOD,) The purpose of the NCOD is "to provide a means of ensuring that infill and redevelopment activities in existing, stable, residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood," per Community Development Code S4-608, With designation as a Neighborhood Conservation Overlay District, the neighborhood is charged with developing a neighborhood plan and special development standards to help protect public health, safety and welfare, Upon completion of the plan and the adoption of development standards by the City Commission, the neighborhood will be demarcated on the City Zoning Atlas and in the Community Development Code as an overlay district, The purpose of the neighborhood plan is to provide a framework for neighborhood enhancement, change, and maintenance, It will serve as an official document for Island Estates and the City of Clearwater, It should be used to coordinate public and private initiatives, as well as to provide . the basis for the implementation of development standards unique to the neighborhood, 1 Island Estates Planning Process Island Estates is the second Clearwater neighborhood to pursue the NCOD designation, The Coachman Ridge Neighborhood Plan and development regulations were adopted by the City Commission on July 3, 2001, The neighborhood met all nine (9) of the criteria required to qualify as an NCOD, Island Estates is therefore considered: · To be fully developed and well maintained; · To be significantly developed, with few vacant parcels; · To have stable or increasing property values; · To have no significant planned road improvements; · To have few properties subject to code enforcement proceedings; · To have few properties non-conforming to current City zoning codes; · To have few properties non-conforming to current City building codes; · To be large enough to warrant such designation; and · To be cohesive enough to warrant such designation, The process of planning and designating an NCOD cannot be initiated unless at least sixty percent (60'0) of the neighborhood property owners agree to proceed. In December 2000, a group of Island Estates citizens presented petitions of approval from property owners to the City Planning Department to pursue an overlay district, The petition stated, "Yes, I, the undersigned, petition the City of Clearwater to initiate the process to establish Island Estates as a Neighborhood Conservation Overlay District," When the Island Estate NCOD was initially proposed, it was to include only the residential areas east and north of the commercial area, There were 574 properties in the proposed overlay district, Owners from 367 separate properties signed and returned petitions, Once petitions from sixty-four percent (64%) of the property owners were received, the City Commission initiated the planning process, which included public meetings and the establishment of a citizen study committee, The 2 study committee is composed of eleven (11) residents who committed much time, energy and expertise to the project, From the first few study committee meetings, it was determined that the overlay district should include all residential properties in the neighborhood, as well as St, Brendan's Church, In order to do this, the Island Estates NCOD was proposed to expand by 51 additional residential properties for a total of 625 properties, Petitions of approval were received from 395, or sixty-three percent (63"0), of the property owners, The boundary expansion was presented to the City Commission on September 6, 2001 and approved unanimously, The planning process included seven public neighborhood-planning meeti ngs and numerous study committee meetings, Appendix A includes a t calendar of the designation and planning process, All the neighborhood-planning meetings were held at St, Brendan's Church on Dory Passage in Island Estates, The first meeting included an overview of the NCOD and a brainstorming session for neighborhood strengths and weaknesses, At the second meeting the strengths and weaknesses from the first meeting were reviewed, discussed in small groups, and then ranked to determine the neighborhood's priorities, At the third meeting, the residents broke into small groups and discussed goals and objectives that could help emphasize the strengths and ameliorate the weaknesses, Between the third and fourth meetings, the study committee was revamped with the addition of three new members, These members were replacements for previous members who resigned for various reasons, The fourth meeting included a presentation of general development standards and a ranking exercise for those standards. This ranking exercise proved to be very important to the development of the plan, Appendix B 3 shows the ballot for ranking, Appendix C shows the results from this exercise, From the results, the more comprehensive list of objectives and development regulations was established, At the fifth meeting, the proposed development standards were compared to the current City code and the neighborhood deed restrictions, The sixth meeting consisted of a presentation of the preliminary text of the neighborhood plan, including the development regulations, The residents provided comments that were incorporated into the final draft, At the seventh meeting, the plan was reviewed for the final time before being presented to the City Commission, In addition, the procedure and schedule for voting on proposed development standards was announced, Neighborhood Description The Island Estates neighborhood is located on the west side of the city, between Clearwater Beach and downtown Clearwater, Map 1 shows the location of Island Estates within the City of Clearwater, It is approximately 210 acres in area, The Island Estates neighborhood is usually considered to be all of the land and all of the land uses located off Island Way, north of Memorial Causeway. However, most of the commercial lands are excluded from the overlay district that is covered by this plan, This is due to the intention to preserve the residential character of Island Estates, See Map 2 for the boundaries of the NCOD, 4 Island Estates is a unique neighborhood within the City of Clearwater in that almost every property is on the waterfront, The neighborhood consists of a series of islands and peninsulas that were created through a dredge and fill process, The land for the neighborhood was filled during the 1950s and 1960s, According to Pinellas County plat books, the island was platted for development between 1957 and 1969, The original parts of the community are located adjacent to Memorial Causeway and the later platted lots are further to the north, The lots on the southern end are somewhat smaller than lots on the northern end - which allowed for larger and newer homes toward the north, The neighborhood is geographically isolated from the rest of the City, It has only one ingress/egress, which is located on the Memorial Causeway, Due to limited access, there is mostly resident traffic and very little tourist traffic, In addition, because there is only one access point to the neighborhood, traffic congestion on Memorial Causeway greatly affects accessibility to the neighborhood, Most of the neighborhood has residential land use, ranging from large single- family homes to multi-story, multi-unit condominiums, Map 3 shows current zoning, parcels and street names within Island Estates, 5 Map 1 Island Estates Location '+- / I I {\ },es~ COpy ~'iTI .0~ . ~~~ . ~;::: & . .-1 ---- i=./ d _lli ~d r """ tH~~~.<4' J.\ftVai~'ab'e o I~ .= P:--: 0:1 / ;'V U - ~ k:'~'~; 1J ~.~ ff 'R5> ~'WrTrrrt . v " ~ '.l.1 ~ ... l .L ,....~ "'-'f .\ Lft I I ~ Db~~~ ~1TII ., , ~~ I ~ I~ ..~ 4FJ -~~( Island Estates t1i ~ 'IZ [,L ,q~ .,.1 \\ ::L r= ~ ~ ~(r? -J~H T I{ ~~T~S~~.~ ~ ~~~;T~: -1llf -'''t'' D:Q' - c~~~- I r'~ !l - s~]JjH~ 'ilJl' \<~ :t'~~~ ~ . .,~- \ . .. ~ ~~~~1dWi ~ ",,' ~l)'1/ [ill M a=C'"~r=TIi,~~'.l- )e -~~ =[ l '~/ l..~' " - ~ ~ 1, . h 1. 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(!j: t_ --.~ 6 N W+E Map 2 Island Estates Neighborhood Conservation Overlay District Island Estates NeOD Area ,/ N W+E S To Memorial Causeway 7 Map3 Island Estates Zoning D Low Medium Density Residential 1::::::::::::::::::::::::1 Medium Density Residential _ Medium High Density Residential High Density Residential _ Commercial _ Insitutional N To Memorial Causeway w ~~~ Lt~ E c The most dominant land use is single-family residences, which are located in the Low Medium Density Residential (LMDR) zoning district, In the Medium Density Residential (MDR), Medium High Density Residential (MHDR), and High Density Residential (HDR) zoning districts the uses are multi-family residences, The multi-family areas range in density from duplexes and triplexes to large-scale, multi-story condominiums with hundreds of residents, Because each condominium has its own resident association, each condominium has its own regulations and character, The Institutional (I) area is occupied by St, Brendan's Church, In addition, there are several Commercial (C) properties in Island Estates, The Commercial district includes a shopping center with a large grocery store, a smaller shopping center, two bank branches, a large restaurant, a marina and some office space, Most of these commercial properties are excluded from the overlay district in order to keep the focus of the plan on the residential areas, One commercial site consisting of eleven (11) townhouse units is within the overlay district. This residential project was included in the overlay due to its simi larity of use to the majority of the neighborhood, Island Estates is a fairly large neighborhood with over 600 platted properties, over 1,500 property owners, and over 3,200 residents, There are several large condominium complexes in the neighborhood, making the resident base large, 9 Table 1 demonstrates the general demographics of Island Estates for 1990 and 2000. This table also includes statistics for the City of Clearwater so that comparisons can be made, Table 1 - 1990 and 2000 US Census Demographics - Island Estates Compared to City of Clearwater Island Estates Clearwater 2000 1990 2000 1990 Total population 3,201 2,847 108,787 98,784 Males 47,9% 45.7% 47.9% 46.1% Females 52.1% 54.3% 52.1% 53.9% Number of households 1,727 1,539 48,449 44,138 A veraae household size 1.85 1.86 2.17 2.17 Under 18 yrs 8.4% 7.2% 19.1% 17.5% 18 to 24 years 2.5% 3.3% 8,00/0 8.2% 25 to 44 years 14.4% 12.5% 27.6% 27.9% 45 to 64 years 34.6% 29.7% 23.8% 20.8% 65 years and over 40.1% 47.3% 21.5% 25.6% White 98.5% 99.5% 83.9% 89.1% Non-White 1.5% 0.5% 16.1% 10.1% Housing units 2,277 2,056 56,802 53,833 Owner occupied 61.6% 56.7% 53,0% 50.7% Renter occupied 14.3% 18.2% 32.3% 31.3% Seasonal, recreational, occasiona 18,5% 19.4% 7.6% 7.8% Vacant 5.6% 5.8% 7,8% 10.3% There are some significant differences in the general municipal demographics and those specific to Island Estates, For example, in Island Estates, the average household size is lower than in the City as a whole, In addition, the age trends show that Island Estates seems to have an older population than the City as a whole, There are significantly more owner- occupied housing units and fewer renter-occupied housing units in Island Estates than in the City, A significant difference between Island Estates and the rest of the City is that the neighborhood has a comparatively large percentage of housing units that are used seasonally, recreationally, or 10 occasionally, Almost twenty percent (20%) of the housing units in Island Estates are part-time residences as compared to eight percent (8'0) citywide, Thus, the demographic and housing trends in Island Estates are quite different from those in the City as a whole, Island Estates is a very well maintained neighborhood with continually increasing property values, According to property values from the Pi nellas County Property Appraiser's Office, values increased from 1998 to 2000 by approximately ten percent (10%,) Most of the single- family homes were built prior to 1970, but are maintained so that they do not show signs of age, A recent trend in home-ownership is to buy a lot with an older, average sized home, then to demolish the home and build a newer, larger home in its place, In some cases this leads to an imbalance of scale and rhythm along the /.--4 streetscape, The sidewalks, roads and gutters are generally well maintained throughout the neighborhood, However, no sidewalks exist along Services on the island include a large supermarket, a convenience store, a gas station, a hair salon, restaurants, banks, a private marina, and other retail businesses, Another amenity for the neighborhood is Sunset Sam Park, which is located on the west end of Windward Passage, In addition, the Clearwater Marine Aquarium and the Island Yacht Club are located on Island Estates, -n,-- 11 Leeward Island, Midway Island, Windward Island, or the eastern portion of Windward Passage, Island Estates prides itself in having "two front yards," Almost every residential lot has a waterfront, and most single-family residences have docks or boat slips along the seawall, Many of the residents own boats and use them on a regular basis, In general, the multi-family areas have active waterfronts as well, with shared docks, boat slips and waterfront recreation sites, Because of all the waterfront activity, Island Estates' backyards could be considered a second front yard, Island Estates Civic Association In 1962, a small group of residents organized the Island Estates Civic Association (IECA), Its primary purpose was to establish and maintain liaison with the developer and to provide social activities for island residents, As the neighborhood grew and expanded, the Association also broadened its goals to include the maintenance and protection of the unique lifestyle of this community, The organization's goals include improving safety and property security, improving contact with local governments, improving property appearance and beautification, acting as a clearinghouse for community concerns and interests, and promoting an atmosphere that makes "neighbors" out of residents, The Island Estates Civic Association averages a total membership of over 700 residents. There are 16 board members who are elected each year at its annual meeting in November, Nine of these board members hold a position that is responsible for a specific area of concern, These areas include Neighborhood Crime Watch, maritime issues, membership, social coordination, publicity and communication, beautification, Code and deed restrictions, business liaison and holiday lighting, In addition, the IECA provides a platform for new programs to be brought before the community, It has spearheaded programs to obtain reclaimed water, underground utilities, Sunset Sam Park, a new crosswalk and the NCOD planning process, 12 Strengths and Weaknesses Strengths One of the first steps the neighborhood accomplished in its planning effort was the identification of its strengths and weaknesses, This exercise was challenging because some of the participants expressed concern about becoming part of an NCOD. Some residents believe that current City regulations are sufficient to guide the neighborhood toward the future they desire and specifying additional development regulations for the neighborhood could decrease the amount of flexibility permitted by current City regulations. The community identified several other positive aspects of the neighborhood, The community enjoys access to reclaimed water, a variety of goods and services located on the island, and well-maintained properties, The following lists the top strengths identified by the residents, Top Strencrths - As identified by residents during planning meetings . Not being in overlay district-flexibility . Reclaimed water . Well-maintained property . Good services such as grocery, gas station, store, bank and park . On-street parking- cars only . Mostly residential waterfront community . Water view . Island Estates is fine as it is . Self-sufficient community . Boat Parade . Public Transportation . St, Brendan Church 13 Besides these specifically ranked strengths, there were dozens of items that when grouped depicts a picture of the neighborhood's issues, The most significant positive aspect of the neighborhood is its amenities, The neighborhood has a variety of services and retail opportunities including a grocery, several restaurants, a neighborhood association, the Clearwater Marine Aquarium, and several annual neighborhood events, The community also identified its waterfront accessibility as an asset, Most people enjoy the boating lifestyle, the water views, and the higher property values associated with waterfront property. In addition to neighborhood amenities, waterfront, and flexibility, the neighborhood identified well-maintained properties, access to reclaimed water, and availability of on-street parking as assets to the community, Appendix D lists the grouped strengths of Island Estates, This list is ranked with the most important issues first, The main categories are underlined, and the assets fall under each main category, Weaknesses In addition to strengths, the neighbors identified the aspects of Island Estates that could use improvement. Despite that the neighbors are satisfied with the general upkeep and appearance of the community, most of these address specific issues that detract from the appearance of the area, These include the presence of aboveground power lines, lack of yard maintenance, parking issues, and building setbacks, 14 The following lists the top weaknesses identified by the residents, Top Weaknesses - As identified by residents during planning meetings . Aboveground power Iines- appearance . Gravel yards . Restricted water flow-north pass is closed . Parking of commercial vehicles in front yard and on street . Parking of cars/boats/RV's on lawns & driveways- looks cluttered . Poor yard maintenance . Differences in setback requirements in deed restrictions and City Code . Loose regulation of redevelopment-needs stricter enforcement of building codes . Lack of business growth-no signage for non- residents . Chain link fences . Unable to enforce the use of "green" space in landscaping . Contaminates dumped in canal-grass clippings Similar to the strengths, the entire list of weaknesses included dozens of comments, These comments have been grouped by major category in order to determine which ones were the most significant category of weaknesses, Again, despite that the neighbors are generally pleased with the upkeep and appearance of the neighborhood, the most prominent weaknesses are related to the lack of upkeep and mai ntenance for some parts of the island, Specific issues include the presence of gravel yards, poor landscapi ng mai ntenance, clutter, and the blocking of water views, 15 Parking and traffic were the next highest concern for the community, Again, many of the parking issues relate to the appearance of the neighborhood in that the community identified certain vehicles and the number of vehicles parked in driveways and front yards as significant detractors from the neighborhood, Many were concerned with the presence of speeding vehicles along the residential streets and with the amount of traffic on Memorial Causeway during high tourist season, The presence of aboveground utilities was also identified as a detractor from the appearance of the area, The misuse of waterfront and canals is also a weakness for the community, Over the years, the water in the canals has suffered due to lack of circulation, increased boating activities and the dumping of yard debris and litter into the water. Other waterfront concerns are speeding watercraft, shoaling under bridges and boat noise, The character of some new development is viewed as another negative issue by many residents, In order to comply with National flood Insurance Program (NfIP) requirements, new home construction results in elevated, taller structures, There is concern that the new, large, elevated homes may restrict views and create a more crowded look to the neighborhood. Appendix E lists the grouped weaknesses of Island Estates, This list is ranked with the most important issues first, The main categories are underlined, and specific issues fall under each main category , 16 Goals and Objectives The following goals and objectives were developed by the neighborhood through examination of its strengths and weaknesses and through determination of the neighborhood's priorities, The goals and objectives provide strategies for the neighborhood to emphasize the strengths and to minimize the weaknesses, Neighborhood Amenities 1, Goal: To continue to enhance the neighborhood amenities that make Island Estates appealing and attractive to its residents, property owners and businesses, a, Objective: Continue to support and promote holiday and neighborhood events. b, Objective: Continue to support local businesses on the island by remaining business friendly and maintain commercial visibility, c, Objective: Continue to support and promote neighborhood organizations, including the Island Estates Civic Association and the Island Estates Women's Club, d, Objective: Continue to support and promote the Clearwater Marine Aquarium as a positive amenity on Island Estates. e, Objective: Continue to support Neighborhood Watch on Island Estates, Waterfront and Canals 2. Goal: To maintain safety, views, access, and water quality along the Island Estates waterfront. 17 a, Objective: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles, b, Objective: Restrict the docking of commercial boats and the storage of commercial fishing and/or crabbing equipment on residential waterfront property in order to preserve the residential character of those areas, c, Objective: Require structurally damaged seawalls, docks, and pilings to be repaired in a reasonable amount of time, d, Objective: Improve water quality in canals by mitigating the occurrence of shoaling and illegal dumping in canals, e, Objective: Obtain a safer boating environment by maintaining and enforcing minimum wake zones in the vicinity of Island Estates, f. Objective: Mitigate the noise output from commercial boats, as it becomes a nuisance for the neighborhood, Traffic and Street Use 3, Goal: To maintain pedestrian and vehicular safety in all public rights-of- way on Island Estates, a, Objective: Install sidewalks and bike paths where they do not exist, b, Objective: Maintain pedestrian crosswalks adjacent to shopping areas and pursue future opportunities to increase pedestrian safety at intersections along Island Way, c, Objective: Research traffic calming along Island Way - especially at the intersections of Island Way with Windward Passage and with Dory Passage, 18 d, Objective: Maintain and repair roads so they are in a safe and good condition, e, Objective: Increase enforcement of speed limits. f, Objective: Maintain sidewalks in good condition in order to preserve a safe pedestrian atmosphere and to promote a consistent appearance along neighborhood rights-of-ways, Neighborhood Appearance and Maintenance 4, Goal: To maintain, improve, and promote high standards of property maintenance on public and private property on Island Estates in order to ensure an attractive neighborhood appearance. a, Objective: Maintain existing height limitations for all fences, b. Objective: Enforce existing zoning in order to prevent commercial uses in residential areas, c, Objective: Continue good communication with the City of Clearwater Community Response Team, d, Objective: Require elevated pools to be in compliance with setbacks established for principal structures in order to prevent the blocking of views, to maintain openness in rear setbacks, to preserve consistent appearance in waterfront yards and to control building bulk. e, Objective: Prohibit front yard fences in order to prevent a cluttered look and to preserve a consistent open appearance throughout the neighborhood, f, Objective: Prohibit new gravel, rock or cinder yards in order to mai ntai n a landscaped appearance throughout the neighborhood, as well as ensure proper drainage within the neighborhood, 19 g, Objective: Maintain certain percentage of vegetated landscaping in front yards in order to preserve a landscaped appearance throughout the neighborhood, h, Objective: Continue to promote the high standards for landscaping at the Island Estates entryway and in all medians by supporting the Island Estates Civic Association's landscaping program and by promoting continued participation in adopt-a-median and adopt- a-cul-de-sac programs, I. Objective: Develop a landscaping plan for the medians along Island Way in order to maintain a consistent, appealing appearance. j, Objective: Promote environmentally friendly landscaping by educating and informing residents of various landscaping options that include ideas such as using native plants or xeriscaping, k, Objective: Promote a safer, cleaner neighborhood by educating residents about responsible pet ownership in order to reduce the incidence of unleashed pets and lack of pet cleanup. I. Objective: Promote the screening of all mechanical equipment, dumpsters and trash containers from public rights-of- way, adjacent property and the waterfront, m. Objective: Promote the enforcement of the prohibition of parking on grassy medians and cul-de-sacs, n, Objective: Prohibit all types of vehicles from parking on lawns and other landscaped areas, 0, Objective: Prohibit permanent parking of boats, trailers and recreational vehicles outside of garages, 20 Character of Redevelopment 5. Goal: To ensure that development and redevelopment is compatible with the character and scale of surrounding properties to promote high property values, a good quality of life, and consistent and appealing appearances throughout the neighborhood a, Objective: Establish minimum lot sizes consistent with the deed restriction, b. Objective: Establish setback requirements consistent with deed restri ctions, c, Objective: Maintain current city regulations on home heights, d, Objective: Preserve single-family character in the Low Medium Density Residential areas by prohibiting the rezoning of this property to multi-family use, e, Objective: Development and redevelopment must be consistent with the goals and objectives of the Island Estates Neighborhood Plan, Utilities and Infrastructure 6. Goal: To maintain and improve existing public utilities in order to protect neighborhood aesthetics and safety. a, Objective: Improve maintenance of drains to prevent on-street flooding, b. Objective: Relocate any existing overhead utility lines underground, c, Objective: Landscape around aboveground utilities unti I they can be relocated underground. 21 d. Objective: Repair any utility poles that are not well maintained or in good condition, e, Objective: Develop a strategy to ensure an adequate supply of reclaimed water for future needs, Minimum Rental Periods 7. Goal: To minimize the disruption associated with short-term rentals in the single-family areas of Island Estates. a. Objective: Establish a minimum rental period for single-family homes to ensure that single-family homes are not being operated as transient accommodations, b, Objective: Prevent the proliferation of real estate signs by encouraging the timely removal of such signs once properties are rented or sold, 22 IInplementation Implementation of the goals and objectives included in this neighborhood plan can only be achieved through the cooperative efforts of the City and the neighborhood, Many objectives focus on property issues and can be achieved by the establishment of City development standards geared to implement certain elements of the plan, Others can only be attained through the work of the neighborhood, Development Standards At the fourth neighborhood meeting participants reviewed and ranked a list of potential development standards, The steering committee conducted a detailed evaluation of the ranking and determined that the highest-ranking items would be the basis for the NCOD development standards, The lowest ranking items were excluded because they were deemed to be not significant, Appendix B shows the ballot for ranking, Appendix C shows the results from the exercise, Code Section 4-608,D.4 requires that the owners of real property in the proposed NCOD vote on each development standard proposed to be included in the overlay district regulations, The vote is a non-binding vote that provides the Commission with information regarding neighborhood support of proposed standards, One owner for each real property in the Island Estates NCOD boundary was mailed a ballot on March 13, 2002, It included 23 line items proposing to regulate permitted uses, dimensional requirements, fences, landscaping, outdoor storage of fishing equipment, parking, the rental of single-family dwellings and the process for requesting deviations from the proposed standards, Ballots had to be returned to the City or postmarked by April 5th, Nearly 66'0 of the ballots (421) were returned and tallied at City Hall. The Code further requires that each proposed development standard receiving 51 % of the votes cast be forwarded to the Commission for consideration, Fifteen of the 23 ballot items received 51% or more of the votes cast, The ballot package and the ballot tally are included in Appendix F, 23 The text amendment ordinance submitted to the City Commission creating the Island Estates Neighborhood Conservation Overlay District included only the 15 items that received at least 51 '0 or more of the votes cast, Upon review of the ordinance, the Commission amended it on first reading to exclude several provisions regulating the multi-family areas, Ballot item 12, which required certain vehicles to be parked behind the principal structure and item 20, which required 25% of the front yard to be landscaped were deleted to achieve consistency of regulations in the multi-family and single- family areas, The City Commission approved the following development standards for the Island Estates NCOD, The adopting ordinance is located in Appendix G, Regulations will apply to the single-family, multi-family and institutional areas, Map 4 delineates these areas of the Island Estates NCOD, Single- family areas include properties that are zoned Low Medium Density Residential (LMDR), Multi-family areas include properties within the NCOD boundary that are zoned Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR) and Commercial (C). The institutional area is zoned Institutional (1), Permitted Uses In single-family areas, permitted uses shall be restricted to single- family dwellings (including community residential homes with up to 6 residents) and infrastructure/utility installations, In multi-family and institutional areas, permitted uses shall remain consistent with the current City of Clearwater Community Development Code. Minimum Lot Size In single-family areas, minimum lot size shall be 7,500 square feet, In all other areas, the minimum lot size shall remain consistent with the current City of Clearwater Community Development Code, 24 Building Setbacks In single-family areas, building setbacks for principal structures shall be: Front setback: Side setback: Rear setback: 25 feet 7,5 feet 15 feet (non-waterfront) 25 feet (waterfront) - If adjacent structures on either side of the lot are setback 20 feet, then the minimum rear setback shall be 20 feet, In single-family areas, setbacks for accessory structures, including screen pool enclosures shall be: Rear setback: 10 feet Any pool exceeding 1 foot in height above grade shall comply with the required rear setback for the principal structure, In multi-family and institutional areas, building and accessory setbacks shall remain consistent with the current City of Clearwater Community Development Code, Building Height In single-family areas, building height shall be limited to 30 feet above base flood elevation, In multi-family areas, building height shall remain consistent with the current City of Clearwater Community Development Code, Parking on Private Property In the single-family and multi-family areas, parking on landscaping shall be prohibited, 25 Map4 Island Estates NeOD Areas Cletlrwtltt!r :lIilltit)!' Single-family Area D Multi-family Area _ Institutional Area ~ CI~II rll'lI t er :Hll rl;or To Memorial c;auseway J,- , ....,~'\ I 26 Fences In single-family and multi-family areas, fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line, All fences between the rear building setback line and the seawall shall be non-opaque (see-through,) Landscaping Throughout the Island Estates NCOD, the use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. Outdoor Storage In the single-family and multi-family areas the storage of commercial fishing and crabbing equipment shall be prohibited, Deviations from the NCOD Requirements Flexible standard and flexible development uses are permitted in the single- family areaS of the NCOD, Deviations are generally based on flexibility ranges established in the current code provisions, Changes in ranges were made to reflect the increase in the minimum lot size and side yard setback. A criterion was added to each flexible standard and flexible development use that requires any application for flexibility to be consistent with the Island Estates Neighborhood Plan, In the multi-family and institutional areas, the underlying zoning provisions shall regulate flexible standard and flexible development uses, All new construction must comply with the overlay district provisions, Any existing legally permitted use, lot size, setback, building height, and fence will be considered a legal nonconforming use and may continue to exist and be maintained as allowed by the Clearwater Community Development Code, 27 Any vehicle parked in violation of the standards established in the overlay district (parked on landscaping in single-family and multi-family areas) and any commercial fishing and crabbing equipment stored in violation of the standards (stored outdoors on residential property) shall not be considered legal nonconforming and must comply with the overlay district requirements, Neighborhood Requirements According to the City of Clearwater Community Development Code S4-608, the designated neighborhood shall serve as a partner with the City in implementing the NCOD provisions, Therefore, Island Estates is required to: 1. Educate neighborhood property owners of the requirements of the overlay district at least two times a year through neighborhood association meetings and mailings or any other methods approved by the Community Development Coordinator; and 2, Provide the initial means of enforcement for any violation of the requirements of the overlay district, If compliance cannot be gained by the neighborhood, the City shall commence code enforcement efforts, In order to meet the education requirement, the Island Estates Civic Association (IECA) will provide information regarding the NCOD at the annual civic association meeting and in at least one annual issue of the IECA newsletter, Upon initial adoption of this neighborhood plan and the Island Estates NCOD development regulations, a copy of the NCOD provisions will be provided to each property owner, which includes generally single-family households and condominium associations, In addition, these provisions will be provided to such new owners as property ownership transfers, The IECA shall also be responsible for providing the initial means of enforcement of the development standards created by the NCOD. In the event a violation of the development standards occurs, the IECA shall use 28 . the following procedures to gain compliance, Even though individual situations may differ and require some deviations, the usual procedures shall be as follows: . If a violation is identified, a correction notice (Le, door hanger, post card or letter) shall be left on the property identifying the violation and noting that a re-inspection will be conducted in ten (10) days to determine if compliance has been achieved, . If in that time period compliance is not achieved, a code violation letter will be issued giving a specific amount of time to comply, but in no case more than ten (10) days. . If compliance is not gained after the time period allotted in the code violation letter, the violation shall be reported to the City Community Response Team for immediate action. . All activity after this point shall be consistent with the code enforcement procedures in effect for the City Community Response Team, The development standards implemented in the Island Estates NCOD shall be in effect as long as the IECA provides the required neighborhood education and enforcement. In the event the IECA does not perform its required function, a rezoning would be initiated by the City to eliminate the Island Estates NCOD, If the neighborhood wants to amend the overlay requirements or decides it no longer wants designation as an overlay district, the City will process a request to amend or remove the Island Estates NCOD by a petition of owners of 60CYo of the real property within the NCOD, In the event the provisions of the Island Estates NCOD results in sustained extraordinary increases in the level of service provided by the City of Clearwater, the City and the neighborhood wi II need to evaluate the provisions of the NCOD and determine the most appropriate means of providing this increased level of service or whether the service should be continued, 29 Neighborhood Strategies and Activities In addition to education and enforcement, the Island Estates Civic Association shall pursue activities to implement the goals and objectives established in this Plan that are not related to development standards, The IECA has a strong civic and organizational foundation to work from in order to implement the goals and objectives, There are currently sixteen (16) board members and several committees within the IECA, Of the sixteen board members, nine of them are dedicated to special projects or certain issues affecting Island Estates, These specific issues include: · Neighborhood Crime Watch · Maritime issues · Membership · Social coordination · Publicity, newsletters, and communication · Beautification · Code and deed restrictions · Business liaison · Holiday lighting Most of the objectives in this plan can be addressed through these board members or through committees organized by these board members, The following strategies should address many of those items requiring neighborhood action, The IECA shall: · Continue to provide and promote holiday and neighborhood events, · Continue to involve local businesses and the Clearwater Aquarium in neighborhood events, . Continue to develop strategies to increase neighborhood involvement in the IECA. . Continue to expand the current landscaping programs in order to install landscaping on the medians along Island Way, to develop a landscaping plan for Island Way and to promote environmentally friendly landscaping, 30 · Address and implement the objectives for Waterfront and Canals through the Maritime board member and any special committees deemed necessary. · Improve communication with the City Public Works Department in order that services such as good drainage and access to reclaimed water can be maintained in high standards. · Establish neighborhood education programs to provide information to residents on issues such as general property maintenance, landscaping, and xeriscaping. Speakers from the City of Clearwater and Pinellas County Cooperative Extension Services could provide residents with information on these types of topics. · Develop new programs to increase neighborhood involvement in the Neighborhood Watch and improve communication between block captains and residents. · Work with City to gain the installation of sidewalks where necessary, as well as traffic calming solutions for the intersections of Island Way with Windward Passage and with Dory Passage. . Work with the City Police Department and other authorities to attain better enforcement of speed limits on streets and within the waterways. . Work with property owners and the City to gain the voluntary screening of existing unenclosed dumpsters. . Maintain good communication with Community Response Team. . Obtain information regarding leash law and pet clean-up requirements and disseminate to the neighborhood through newsletters or other public information pieces. . Continue to increase neighborhood involvement through active community building by the Civic Association. 31 · Revisit the possibility of placing the overhead utility lines underground. · Establish committee to initiate evaluation of the Plan and the NCOD development standards every two years after adoption and prepare a written report to present to the Planni ng Department I City Manager and City Commission. 32 Conclusion The development of the Island Estates Neighborhood Plan is evidence of the neighborhood's desire to maintain existing neighborhood standards and quality of life. This special area plan provides a basis for the implementation of the Island Estates Neighborhood Conservation Overlay District in the Clearwater Community Development Code and Zoning Atlas. The development regulations set forth in this document should protect the existing neighborhood character and should ensure that redevelopment is consistent in that character. Many issues identified in the Plan require neighborhood involvement and action; and cannot be addressed through development regulations. Thus, neighborhood organization and participation is key to the implementation of the Island Estates Neighborhood Plan. 33 Appendix A - Island Estates Neighborhood Conservation Overlay District Designation and Planning Process Calendar April 19. 2001- City Commission approval City Commission approved petition of neighborhood to commence the NCOD designation process for Island Estates. Based on neighborhood input, the City Commission appointed a Neighborhood Conservation Study Committee made up of a chairman, six members, and four alternate members. April 25. 2001 - Staff and Study Committee meeting Preliminary meeting to discuss the City Commission approval and the next steps in the process. June 25.2001- Staff and Study Committee meeting Introductions and overview of planning process and committee expectations. July 16. 2001 - Staff and Study Committee meeting Discussed expansion of NCOD boundaries to include all multi-family areas and discussed public meeting schedules. July 30. 2001- Staff and Study Committee meeting Discussed expansion of NCOD boundaries to include certain townhouse areas and adopted committee Rules and Procedures. August 14. 2001- Staff and Study Committee meeting Discussed expansion of NCOD boundaries to include certain townhouse areas, finalized planning schedule, and announced websites. August 27. 2001- Staff and Study Committee meeting Discussed voting protocol, discussed invitations to the first public meeting, and distributed committee handbooks. September 6. 2001- Commission Meeting City Commission approved petition of neighborhood to expand the boundary of the Island Estates NCOD to include all residential and institutional property in the neighborhood. 37 September 25. 2001 - Neighborhood Planning Meeting #1 Described purpose of NCOD and Neighborhood Planning Process, discussed the benefits of the NCOD for Island Estates, and identified neighborhood strengths and weaknesses in small groups. October 3.2001- Staff and Study Committee meeting Consolidated strengths and weaknesses into a combined list and prepared methods, materials, and format for next Neighborhood Planning Meeting. October 10. 2001 - Neighborhood Planning Meeting #2 Presented and reviewed strengths and weaknesses and prioritized using dot voti ng. October 16. 2001 - Staff and Study Committee meeting Discussed nominations for new study committee members, reviewed results of the ranking exercise, and prepared them to be categorized by City staff. October 24. 2001 - Neighborhood Planning Meeting #3 Developed goals and objectives in small groups. November 1. 2001 - City Commission New members added to the Study Committee. November 6. 2001- Staff and Study Committee meeting Held first meeting with new committee members, reviewed goals and objectives, and determined items that would qualify as development standards. November 14. 2001 - Neighborhood Planning Meeting #4 Presented condensed list of goals and objectives to neighborhood and facilitated ranking exercise to determine priorities for objectives and development standards. November 28. 2001- Staff and Study Committee meeting Reviewed and organized neighborhood objectives. 38 December 5. 2001 - Staff and Study Committee Discussed the proposed development standards and compared to current City code and neighborhood deed restrictions. December 12. 2001- Neighborhood Planning Meeting #5 Presented the potential development regulations to the neighborhood and opened for discussion. January 16.2002 - Staff and Study Committee Meeting Discussed the first draft of the plan and worked on language for the development standards. January 23.2002 - Staff and Study Committee Meeting Reviewed draft plan for finalization, finalized language for development standards, and determined neighborhood implementation activities. January 28. 2002 - Staff and Study Committee Meeting Finalized review of draft plan, finalized neighborhood implementation strategies, prepared document for public disbursement. February 6.2002 - Neighborhood Meeting #6 Presented final draft plan and development regulations to the neighborhood. February 27. 2002 - Neighborhood Meeting #7. Final Meeting Final review of plan, presented draft ballot to neighborhood and discussed voting procedure. March 13. 2002 - Ballots Mai led to Property Owners Ballots mailed to owners of real property within proposed NCOD boundaries. April 25.2002 - Ballots Tallied by City Staff The Clearwater Planning and City Clerk Departments tallied returned ballots. May 1. 2002 - Staff and Study Committee Meeting Presented ballot results to study committee members. 39 May 8. 2002 - Staff and Study Committee Meeting Discussed proposed text amendments based on ballot results, staff recommendations and presentation for Community Development Board Meeting. June 18.2002 - Community Development Board Meeting Island Estates Neighborhood Plan, text amendments and rezoning reviewed by the City of Clearwater Community Development Board. July 25. 2002 - Staff and Study Committee Meeting Discussed outcome of Community Development Board and prepared for City Commission meeting. July 8. 2002 - City Commission Meeting Island Estates Neighborhood Conservation Overlay District development standards and rezoning approved on first reading pursuant to Ordinance Numbers 6981-02 and 6980-02. The neighborhood plan was deferred so changes could be made to reflect the ordinance that was approved on 1st reading. August 22. 2002 - City Commission Meeting The Clearwater City Commission adopted Ordinance Numbers 6981-02 and 6980-02 establishing the Island Estates Neighborhood Conservation Overlay District and rezoning. The effective date of the ordinances is September 9, 2002. September 19. 2002 - City Commission Meeting City Commission approved the Island Estates Neighborhood Plan by adopting Resolution 02-23. 40 Appendix B - Ranking Ballot - Used at Public Meeting #4, Nov. 14, 2001 w- 0'" Z I ~::. a::W 0::) ~..J :E~ Objectives RE-DEVELOPMENT: Maintain limits on home heights to present city code Objective: Maintain 30% green space of total lot area Prohibit rezoning single family homes to multi-family Prohibit subdividing plats HOUSING & PROPERTY Prohibit detached outbuilding on residential single-family lots Prohibit front yard fences Require AlC units to be buffered or shielded with vegetation Cleanup parking lot & dumpsters Enforce pet cleanup Enforce zoning in order to mitigate commercial uses in residential areas Establish minimum single family rental periods I Maintain existing height limitations for all fencing and landscaping Prohibit chain link fences Prohibit future shingle roofs Prohibit new gravel yards Prohibit parking on lawns I Require AlC units and dumpsters not be visible from street 41 ~ii) Z I <t~ "'w 0::::::::>> 0...1 D..<( Objectives :2> HOUSING & PROPERTY Require one front entrance per house I Restrict trailer parking in the front yard WATERFRONT Address dock size restrictions Allow only see through fences Establish standard setback for new pools and all vertical structures Establish standard waterfront setbacks Maintain water views Objective: Allow covered slips Regulate commercial boats docked parked on waterfront property Structurally damaged sea wall/docks should be repaired in a reasonable TRAFFIC & PARKING Limit RV's and boats short time (24 hrs.) for parking on street and in driveways Limit on street parking Prohibit parking on grassy medians and cui de sacs Prohibit permanent parking of boatsltrailers outside of garage Restrict overnight commercial vehicle parking. 42 Appendix C - Ranked items for development standards Generally issues with fewer than 200 points were regarded as not significant to the neighborhood. Total Average Number of Number of Ranking Ranking Votes Votes Votes Vote per o to 2 3t05 Items Ballot Prohibit rezoning single family homes to multi- 290 4.68 3 59 Family Prohibit subdividing plats 277 4.47 6 56 Prohibit parking on lawns 277 4.47 7 55 Maintain water views 271 4.37 6 56 Restrict trailer parking in the front yard 267 4.31 6 56 Structurally damaged sea wall/docks should be 261 4.21 7 55 repaired in 60 days Maintain existing height limitations for all fencing 260 4.19 6 56 and landscaping Establish standard waterfront setbacks 258 4.16 10 52 Maintain limits on home heights to present city 251 4.05 12 50 code Prohibit front yard fences 250 4.03 10 52 Prohibit new gravel yards 248 4.00 11 51 Enforce zoning in order to mitigate commercial 247 3.98 12 50 uses in residential areas Establish standard setback for new pools and all 246 3.97 11 51 vertical structures Restrict overnight commercial vehicle parking. 245 3.95 15 47 Enforce pet cleanup 244 3.94 11 51 Cleanup parking lot & dumpsters 243 3.92 11 51 Prohibit parking on grassy medians and cui de 241 3.89 13 49 sacs Prohibit permanent parking of boatsltrailers 233 3.76 15 47 outside of garage 43 Total Average Number of Number of Ranking Ranking Votes Votes Vote per Items Votes Ballot Oto 2 3t05 Establish minimum single family rental periods 230 3.71 15 47 Objective: Maintain 30% green space of total lot 224 3.61 16 46 area Limit RV's and boats short time (24 hrs.) for 222 3.58 16 46 parking on street and in driveways Require A1C units and dumpsters not be visible 220 3.55 16 46 from street Regulate commercial boats docked parked on 217 3.50 17 45 waterfront property Require A1C units to be buffered or shielded with 213 3.44 17 45 vegetation Require one front entrance per house 210 3.39 20 42 Address dock size restrictions 203 3.27 21 41 Limit on street parking 191 3.08 23 39 Allow only see through fences 191 3.08 24 38 Prohibit detached outbuilding on residential 189 3.05 23 39 single-family lots Prohibit chain link fences 169 2.73 31 31 IAllow covered slips 147 2.37 32 30 Prohibit future shingle roofs 102 1.65 42 20 44 Appendix D - Grouped Strengths The following lists the grouped strengths of Island Estates. This list is ranked with the most important issues first. The main categories are underlined, and the assets fall under each main category. Neighborhood Amenities Quality and availability of services such as grocery, gas station, store, bank and park Holiday lighting and events, including boat parade Public transportation, including Jolly Trolley St. Brendan's Church Community safety Restaurant and bars on island, including Island Way Grill Island Estates Civic Association Sunset Sam Park Clearwater Marine Aquarium Island Estates Women's club Ability to walk on Island Estates Island Estates Yacht Club Boat yard Access to recreation opportunities on Causeway Waterfront Mostly residential waterfront community Water view Waterfront homes Boating community New money and increased interest in neighborhood Increase in property values All waterfront properties Access to water Allowed to have multiple boats on docks Deep water in canals Not being in overlay district Island Estates is fine as it is Current maximum build out allowed Island Estates is unique and prospering flexibility of zoning Property Maintenance Well-maintained property Eliminating unkempt homes Updating properties Beautiful properties Looks better and newer Reclaimed water On-street parking-cars only 45 Appendix E - Grouped Weaknesses The following lists the grouped weaknesses of Island Estates. This list is ranked with the most important issues first. The main categories are underlined, and specific issues fall under each main category landscaping & Yard Maintenance Gravel yards Poor yard maintenance Chain link fences Exposed dumpsters/trash cans on rental and condominium properties lack of street trees in right-of-way landscaping blocking view People not controlling animals Use of grass in neighborhood wastes water and pollutes bay Use of potable water for lawns Temporary signs on landscaping (real estate, garage sale) Garbage cans out when it is not garbage day lack of streetscape throughout Island Yard debriS piles placed in roadway instead of on property Playground equipment in front yard Litter (newspapers) Parking and Traffic Parking of commercial vehicles in front yard and on street Parking of cars/boats/RVs on lawns & driveways looks cluttered On-street parking large number of cars parked in driveway Parking in cul-de-sacs and medians Dangerous intersections Speeding traffic Turning lane into Island Estates often blocked by traffic Aboveground utilities Canal Use and Maintenance Restricted water flow Contaminates dumped in canal (grass clippings, gas spillage) Shoaling under bridge Airboat noise Boatlift covers block view Speeding on canals No wake zone needs extending & enforcement Damaged or deteriorated docks and seawalls Dock covers are not allowed lack of publ ic docks Character of Redevelopment Too many variances on setbacks No minimum lot size/ could crowd houses Waterfront setback requirements are not maintained losing waterfront yards Can ruin views/tall buildings Fences on waterfront Sheds in rear Houses too large 47 Appendix F - Ballot Package and Ballot Tally March 13,2002 Dear Island Estates Property Owner, In May 2001, the Island Estates neighborhood began planning for a Neighborhood Conservation Overlay District (NCOD). The purpose of the NCOD is to preserve and enhance the character of the neighborhood and ensure that any new development is consistent with the existing character ofIsland Estates. Through a series of public meetings, the residents ofIsland Estates developed a neighborhood plan as well as a list of development and property maintenance regulations designed to protect the health, safety, welfare and quality of life of the neighborhood. One of the final steps in the Island Estates NCOD planning process is a neighborhood poll to determine the proposed development and property maintenance regulations. The results of the vote will be provided to the Community Development Board and the City Commission for consideration when reviewing the proposed regulations. Development standards with support of at least fifty-one (51) percent of the votes cast will be forwarded for consideration. Please refer to the enclosed "Comparison of Proposed Island Estates NCOD Regulations and the City Development Code" for information about the proposed changes. Any existing legally permitted use, lot size, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards in the overlay district will be considered a legal nonconformity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. Enclosed with this letter you will find: 1. A reference map distinguishing the single-family areas from the multi-family areas (p. 2); 2. A table comparing the proposed regulations to the existing City Community Development Code (pp.3-4); 3. A two-sided ballot with proposed development regulations on which to vote (pp. 5-6); and 4. A self-addressed, postage-paid envelope for ballot return. Ballots are being sent to property owners of each real property as listed on the Property Appraiser's tax roll. One vote per property will be tallied. This is a line-item vote and each item will be tallied separately. Vote either "FOR" or "AGAINST" in response to each issue. Make a mark in the box directly below the choice you have selected. The most appropriate marks would be an "X," a check mark or filling in of the box. Appropriate examples: ~ ~ II Votes must be marked clearly. If votes are not marked clearly or if there are marks in more than one box for each issue, no vote will be tallied for that item. If an item is left unanswered on a ballot, no vote will be tallied for that item, but all other eligible marked votes will be counted for that ballot. Place the completed ballot in the enclosed self-addressed, postage-paid envelope labeled "ISLAND ESTATES BALLOT." Seal the envelope and mail it to the City of Clearwater Planning Department. Ballots returned that are not enclosed in this provided envelope will not be counted. No copies of ballots will be accepted. The ballot must be returned or postmarked on or before April 5, 2002. 49 The results will be available on May 1, 2002. Please contact the City of Clearwater Planning Department at 727-562-4539 or look online at ..http://www.clearwater-fl.com.. for results. Please direct questions to Lochen Wood, Planner, at 727-562-4539 or Gina Clayton, Long Range Planning Manager, at 727-562-4587. Thank you for your participation in the Island Estates Neighborhood Plan. Sincerely, City of Clearwater, Planning Department Island Estates NeOD Residental Areas c=J Single-family Areas - c=J Multi-family Areas Not in NCOD To Memorial Causeway N W*E s 50 COMPARISON OF PROPOSED ISLAND ESTATES NCOD REGULATIONS & THE CITY DEVELOPMENT CODE y 6willllegally permltted UR.lot s1a. setbark, buildine bei&ht, ftnt('. landsC8pin& and lIDY existing medlank.1 equipment, dumpster r trasIt tont.lntlS not stf'ttned In .ccordance witl the deftlopmentst.ndanls set forth Ia the overlay district wiD be ooRsldered a lepl IIlOlltonformlty and may tontinlle to mst nnd be malatalned as allowed b)' the Clearwater CommunIty Development Code. PROPOSED NCOD REGULATIONS EXISTING CITY CODE REGULATIONS Single-family dwellings (including community residential boll1C$ with lip to 6IUide11ts), utility/ infrastructure racilities, attached dwellings, schools, non-residential off-street parking, and rks and recreation facilities. Ballot Item I - Pennitted Uses for Single Family Areas Ballot Item 2 - Minimum lot Size for Sin Ie Famil Areas Building Setbacks for Single- famil Areas l'riitCf .. ~tu~ Ballot Item 3 - Front Ballot Item 4 . Side Ballot Item S . Rear A Ballot Item 6 . Side Ballot Item 7 - Rear Ballot Item 8 - Elevated Pools Ballot Item II - Parking of Certain Vehicles for Single- family Areas Ballot Item 12 - Parking of Certain Vehicles for Multi- family Areas Single-family dwellings (includiog community residential homes with up to 6 residents) and utility/infrastructure facilities. 7,500 sf 5,000 sf 25' 5' non-waterfront. IS' waterfront - 25' - if adjacent structures are set at 20', then ired setback is 20'. S' 10' 30' above the base flood elevation Parking on any landscaped area shall be rohibited. Allows I car to be parked on lawn next to drivewa . All boats, personal waten:rat\, roxrealion vehicles, Boals in excess of 20 ft, hauling ln1iIers, recreational trailers, commercial vehicles, race cars, dune buggies, vehicles, ITavellTaile1'$, motor bomes, c:amping trailers, farm equipment, go karts, A TV's or otber similar semi-trailer trucks, III1Y commen:ial vehicle (in excess vehides shall be required to be parked in a _e of 20 ft length. 7 ft width. or seven ft height), race ears, temporary parking of such vehicles outside of a garage dune buggies, farm equipment, go kat1s, A TVs, or shall be pemlilted for no more than four (4) otber similar vehicles shall not be oarked within any consecutive days. no more than twice a month. reQuired front setbatk. Cormnercilll vehicles during t Commercial vehides may be parked outside of garage lIl:tual performance of I service at the premises is if onsile to adively conduct business on the premises. allowed. Loadingfonloadingl deaning of vehicles Parking of personal aUlOll.ooiles alld motorC}des allowed provided completed with 6 hours twice a shall be permiJted outside of tlte garage in II driveway. month. All boats, person at watercraft, roxrealion vehieles, lTailcn. commen:ial vehicles, race cars, dune buggies, farm equipment, go kans, A TV's or other similar Boats in excess of 20 ft, hauling ln1i1ers, recreational vehicles shall be Drohibited to be Darked between any vehides, lravellraile1'$, motor homes, c:amping ln1i1e1'$, IlOItion of the Drinci.,.1 struclure and anv ril!hl-of-wav semi-trailer trucks, any commercial vehicle (in excess liM. The temporary parking of such vehicles within of 20 ft length, 7 ft width, or seven ft heigbl), race tarS, the front setback shall be permitted for no more tban dune buggies, farm equipmcnt, go kat1s, A TV$, or four (4) consecutive days. no more than twice a month. other similar vehicles shall not be narked with in anv Commercial vehicles may be parked between any reouired fronl setback Commercial vehicles during poniOD of the principal struclUre and any right-of-way actual performance of I service at the premises is line, if onsite to actively conduct business on the allowed. Loading/unloading! c:Ieaning of vehicles premises. Parking of personal alllOlflobi/es and allowed provided completed with 6 hours twice a mOlOrcycles sl"ll1 be pumllted betwnn any portion of month. the principal sl/'l/c/IU'e alld any rigltl-ofway line ill a d parking area. 51 COMPARISON OF PROPOSED ISLAND ESTATES NCOD REGULATIONS & THE CITY DEVELOPMENT CODE DY tllsllDlllelllllly pmnltted UR,let sIR. Rlblde, buUdln1 belght, fenre,laDdsaplnlland lay "lstinK mtdlaalCIII equlplDtDt, dumpsltr Of' tnsb conlainers not SCrefDed in accordalre whb Ihe developmenl staDdards m fortb In the overlay district wiD be COlIsidered a legal nODcoofOf'mllyaad may roalinue 10 "isl and be mainlalned as allowed by Ibe Cltal'Wlller COllllllunl1y DeYelopmetlt Code. PROPOSED NCOD REGULATIONS EXISTING CI1Y CODE REGULATIONS Use of gravel, stones, cinders and other similar Ballot Item 18 - Landscaping for material in any yard shall be prohibited unless All yards not covered with a building shalJ be all Areas included as an integral, bul minor, element of a landscaped with grass or other ground cover. lands "n Ian. Ballot Item 19 - Landscaping In the single-family areas, 35% of the area No landscaping requirement as such. 65% of Coverage For Single-family between any portion of the principal structure and entire 101 may be covered with impervious Areas an ri ht-of-wa line shall be landsca d. surfaces buildin avement, I area etc. Ball I 20 Land' In the multi-family lIreas. 25% oflhe lIrea No landscaping requirement as such. 75%-85% 01 .Iem - scapmg beIw . fth .. I d f . I be -.l"th . . C F M I '~ 'I A een any portIon 0 e pnOClpa slructure an 0 enhre ot may cov",~ Wl lInperVIOus overage or u tHaml y reas "h f. I' h II bid d ti b 'Id. I an n t-o -wn me s 1I e an sea. sur lIces UI m lIvement, area, etc. . 1 Ii 'I th. " I' od City code does not regulate. however, the In smg e- amI yareas., e mlmmum renla pen C .de R I fth p' lias PI ' shall be 90 days. ount~ u es 0 e ~n~ anmng Counedl ses 30 da minImum. Outdoor storage is prohibited nor may goods and materials be stored in any manner which is visible from the public right-of-way or from abutting properties. Equipment, materials or furnishings not designed for outdoor use may not be stored outdoors. Fences for All Areas Ballot Item 13 . Front Fences Ballot Item 14 - Side Fences Ballot Item 1 5 - Rear Fences Ballot lIem 16 - Rear Fences BaUot lIem 17 - Screening for all Areas Ballot lIem 21 - Minimum Rental Periods for Single-family Areas Ballolllem 22 - Outdoor Storage for all Areas Ballot Item 23 - Deviations for all Areas All fences shall be prohibited between lilY portion of All 3' ~ "--t d de ard OWS .ences in on", an comer si y s. the principal slnlcture and 8IIY right-of-way line. Fences shall not exceed 6 feet in height between 8IIY Allows fences in the side yard up to 6 feet in portion of Ihe principal structure and 8IIY side lot line. height. For waterfront properties, fences shall not exceed 3 Fences in the rear yards abutting the water must feet in height between the rear building setback line not exceed 3' in height or 4' in height if enclosing and the seawall. If the fence encloses a pool, it may be a pool. Fence in rear yards not abutting lhe water 4 feet in height. ma be u to 6' in hei ht. All fences between the rear building setback line and Fences in the rear yards abutting the water must the seawall shall be non-opaque (see-througb.) be non-opaque (see-through.) All trash containers, dumpsters and mechanical equipment shall be screened from the rights-of-way, adjacent property and the water. Provision shall apply All dumpsters and mechanical equipment shall be to new construction. If improvemettts are made to any cd fr "h f. d d' t . "screen om ng ts-o -way an a ~acen structure exceedIng 50% of the value appraised by the Pinellas County Property Appraiser's Office, then the property. screening of mechanical equipment, dumpsters and trash containers must be brought into compliance, The storage of commercial fishing and crabbing equipment shall be prohibited on any residential property. Deviations from Code requirements for at-grade structures andlor the expansion of existing non- confonning side andlor rear setbacks may be approved through a flexible standard approval process. Flexible standard approval includes a recommendation by the City Development Review Committee and linal decision by the Community Development Coordinator. All other deviations must be approved by the Community Devclo ment Board at a ublic hearin . Review and approval for certain uses and/or deviations related 10 dimensional requirements t1 accessory and primary structures may be reviewed and approved Ihrough a flexible standard development (approved by staff). Certain uses and dimensional requirements require review and approval by the Community Development Board (flexible development). 52 Best Copy Available Island Estates NeOD Regulations Ballot page 1 of 2 FOR AGAINST D 0 FOR AGAINST D 0 FOR AGAINST D D FOR AGAINST D D FOR AGAINST D D FOR AGAINST D D FOR AGAINST D D FOR AGAINST 0 0 FOR AGAINST D 0 FOR AGAINST 0 D FOR AGAINST D D In single-family areas, permitted uses shall be restricted to single-Iam~y dwellings (including community residential homes with up to 6 residents) and infrastruclurefutility installations. 2 In single-family areas, the minimum lot size shall be 7,500 square feel. 3 In single-fam~y areas, front building setbacks for principal structures shall be 25 feel 4 In singie-famlly areas, side building setbacks for principal structures shall be 7.5 feet. 5 In single-family areas, rear building setbacks for plim;ipal slruclures shall be 15 feel for non'wCiterfront lots and 25 let/tlor ovaterlrontlots. If adjacent structures on either side of a W'dtalfront lot are setback 20 feet, then tI1e minimum rear setback shall be 20 leel 6 In single.family areas, side building setbacks for actessory structures, includng screened pool enclosures shall be 7,5 feet, 7 In single-family areas, rear building setbacks for accessory structures, including screened pool enclosures shall be 10 feet. 8 Any pool exceeding 1 foot in height above grade shall oomply with the required rear setback for the principal structure. 9 In single-family areas, building height shall be limited to 30 leet above base Iload elevation. 10 Parking en any landscaped arell shall be prohibited. 11 In single-tamity areas, all boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, larm equipment, go karls, ATV's or other Similar VfJhicles ~11i111 be required to be parked in a garage. The temporary parting of such vehicles outside of a garage shall be permilled lor no more than lour (4) corsecutive days no roore than INice !l roonth. Commercial vohiclcs may be parked outside 01 garages il onsite to activoly conduct bllsir,ess on the premises. Parking cI personal automobiles and motorcycles shall be permitted outside 01 the garage iI1 a driveway. 12 In multI-family areas, all boals, personal watercralt, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipmen:, go karts, ATV's or other similar vehicles shal be prohibited to be parked between any portion ot Ih(l principal structure and any right-ol-way line. The temporary parking 01 such VfJhicles within the lront selback shaH be permitted ler PO more than touI (4} consecutive days no more than twice a month. Commercial VE'.hides may be palked between any portion 01 the principal slructure and any right-ol-way line in multi-family areas if onsile to actively conduct business on the premises. Parking of pef5Ol1a1 autanooiles and motorcycles shaU be permitted belween any portion of the princ~1 structure and any ngl1t-oI-way line. FOR o AGAINST o Anyexisling legally permilted use, let siZ8. serbac:/(, building /leight, fence, landscaping and any 8JlisrJng mechanical eqUipment, dumpster or trash contairlers no/ scrll61l6d In accordance with the developrlen/ standards SIll kith in /he Qverldy disllic! wiU be tXII'Isiderl'ld a I8gaI nonconformity and may COfIrinue to exist and be maintained as a"owod by tho Clearwater Community Developmenl Code. (Please turn over to finish vottng) 53 Island Estates NeOD Regulations Ballot page 2 of 2 FOR AGAINST D D FOR AGAINST D D FOR AGAINST 0 0 FOR AGAINST 0 0 FOR AGAINST D D 13 All fences shaD be prohibited between any portion of the principal structure and any right-of-way line. 14 Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. 15 For waterfront properties, fences shall not exceed 3 feet in height between the rear building setback line and the seawall. If the fence encloses a pool, it may be 4 feet in height. 16 All fences between the rear building setback line and the seawall shall be non- opaque (see-through.) 17 All trash containers, dumpsters and mechanical equipment shall be screened from the rights-of-way, adjacent property and the water, Provision shall apply to new construction. If improl/efTlents are made to any $tructure exceeding 50% of the value appraised by the Pine lias County Property Appraiser's Office, then the screening of mechanical equipment, dumpsters and trash containers must be brought into compliance. 18 Use of gravel, stones, cinders and other similar material in any yard shall be prohibited unless included as an integral, but minor, element of a landscaping plan. 19 In single-family areas, 35% of the area between any portion of the principal structure and any right-of-way line shall be landscaped. 20 In multi-family areas, 25% of the area between any portion of the principal structure and any right-of-way line shall be landscaped. 21 In single-family areas. the minimum rental period shall be 90 days. 22 The storage of commercial fishing and crabbing equipment shall be prohibited on any residential property. 23 Deviations for at-grade structures and/or the expansion of existing non-conforming side and/or rear setbacks may be approved througtt a flexible standard approval process. Flexible standard approval inclooes a recommendation by the City Development Review Committee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Board at a public hearing. FOR AGAINST D 0 FOR AGAINST D 0 FOR AGAINST D 0 FOR AGAINST D 0 FOR AGAINST D 0 FOR AGAINST D D Any existing legally pennitted use. tot SIZe, setback, building height, fence, landscaping and any existing mechanical equipment, dumpster or trash containers not screened in accordance with the development standards set forth in /he overlay district wiN be considerfJd a legal oonconfOffl1ity and may continue to exist and be maintained as allowed by the Clearwater Community Development Code. (End of ballot) Upon completion, place this ballot in the self-address, postage-paid envelope labeled "Island Estates Ballot" and retum It to the City of Clearwater Planning Department. 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"l:l Q) E"l:l"O .a~! l!! _ .. .... :;) :::l llg~i 02.l1ll& _.Qo iij-=.l!l .o.2~i ~Jjig~ 000 . ~~~11. ~a <CI _va .' .. in ~o =--c fD\C :g 1\i f3 '" ~ ro t; UJ "0 C ro u; 6 o o Z C ~ 1:: '" 0. 2l 2' "c c:: III g; en Appendix G - Ordinance No. 6981-02 - Ordinance Adopting Island Estates Neighborhood Conservation Overlay District ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, wmCH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERV ATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4- 608(E);and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and 57 WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island Estates Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1602 Island Estates Nei2hborhood Conservation Overlav District. Intent and Purpose. The Island Estates Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on August 8. 2002 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Island Estates neighborhood. The intent and purpose of the Island Estates Neighborhood Conservation Overlay District (IENCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health. safety and general welfare of the district. Development and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with the Island Estates Neighborhood Plan. Jurisdictional Boundaries. The Island Estates Neighborhood Conservation Overlay District (IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor. known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway. less and except the following described tracts: (1) All of Block C. and Lots 1-3. 7. 9-13. Block D. and the westerly 61 feet of the vacated right-of-way of Dory Passage. Unit 5 Island Estates of Clearwater as recorded in Plat Book 5 L Page 34. of the Public Records of Pin ell as County. Florida: (2) Begin at the most easterly comer of Lot 13. Block D of Unit 5 Island Estates of Clearwater: as recorded in Plat Book 51. Page 34. of the Public Records of Pin ell as County. Florida: thence N49023'41"W. 100.00 feet: thence N04023'41"W. 71.42 feet. to a point on a curve to the left: thence along the arc of said curve. having a radius of70.00 feet. a chord bearing ofN7504T40"E. a chord length of 23.86 feet. 23.98 feet: thence S49023'41"E. 136.75 feet: thence S08012'32"E. 81.05 feet: thence S40036'19''W. 16.63 feet: thence N49023'41"W. 61.00 feet to the Point of Beginning: (3) Island Yacht Club Condominium. as recorded in Condominium Plat Book 39. Page 74. of the Public Records of Pin ell as County. Florida: (4) the land bounded on the north by Dory Passage. on the south by Windward Passage. on the west by Larboard Way and on the east by Island Way. 58 Relationship to Underlving Districts and Other Provisions of the Community Development Code. The designation of the Island Estates Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Medium Density ResidentiaL Medium Density Residential. Medium High Density ResidentiaL High Density ResidentiaL Institutional and Commercial Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. Minimum standard development for areas zoned IMDR/IENCOD. The following uses are Level One permitted uses in the LMDR!IENCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1601 (D). "LMDR/lENCOD" Minimum Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street (sa. ft.) (ft) (ftJ (n Parkinf! Front Side Rear (2) Accessory pools and screen enclosures ~ 10 Community Residential Homes (up to 7.500 50 25 7.5 U 30 2/unit 6 residents) Detached Dwellings 7.500 50 25 7.5 U 30 2/unit (1) In soecial flood hazard areas designated by the National Flood Insurance Program., maximum height is measured above base flood elevation. (2) Any 0001 exceedin~ 1 foot in height above grade shall comoly with the reauired rear setback for the orincioal structure. Waterfront detached dwellin~s in the LMDRlIENCOD District should be 25 feet except as provided in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adiacent structures on either side of the parcel oro~ for development are setback 20 feet and then the rear setback shall be 20 feet. The Buildine: Code may require the rear setback to be at least 18 feet from a seawall. 59 Flexible standard development for areas zoned IMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601(E). "LMDR/IENCOD" Flexible Standard Development Min. Lot Min. Lot Max. Min. Off- Use Area Width Min. Setbacks (ft.) Height Street (sq. ft.) (j1J (j1J Parking ill Front Side Rear (2) Detached 7.500 50 15-25 7.5 5 - 15 30 2/unit Dwellings Residential nla nla 15-25 3-7.5 5 - 15 30 2/unit Infill Proiect (3) Utility/ Infrastructure nla nla 25 10 12 nla nla Facilities (4) (1) In S{)eCial flood hazard areas deshmated by the National Flood Insurance Program. maximum height is measured above base flood elevation. (2) Any 0001 exceedin~ 1 foot in height above fmlde shall comply with the reauired rear setback for the princiool structure. Waterfront detached dwellings in LMDRlIENCOD District should be 25 feet excet>t as t>rovided in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adiacent structures on either side of the Darcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Buildin~ Code may reauire the rear setback to be at least 18 feet from a seawall. (3) The development standards for residential infill proiects are guidelines and may be varied based on the criteria soecified in Section 2-1602.E.2. (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 reauire a land use plan map amendment to transoortationlutility which shall include such uses and all contiguous like uses. Flexibility criteria: J. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan. b. Front setback: 1. A determination of the front setback shall consider the extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way: 60 11. The reduction in front setback will not adversely affect adiacent property values: lll. The reduction in front setback is consistent with neighborhood character: IV. The reduction in front setback results in an efficient house layout. c. Rear setback: 1. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved: or 11. The reduction in rear setback will allow the development or redevelopment of a substandard lot which would otherwise not be feasible: or lll. The reduction in rear setback results in an efficient house layout: and IV. The structures located within the rear setback otherwise required in the LMDR/IENCOD District are buffered with landscape material or fences to protect the privacy and value of adjacent properties. 2. Residential infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan: b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill proiect application: c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards: d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The uses within the residential infill project are compatible with adiacent land uses: f The development of the parcel proposed for development as a residential infill proiect will upgrade the immediate vicinity of the parcel proposed for development: 61 g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: and h. Flexibility in regard to lot width. required setbacks. height. off-street parking. access or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan: b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Island Estates neighborhood: c. No above ground structures are located adjacent to a street right-of-way: and d. Any above ground structure other than permitted telecommunications 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 and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Flexible development for areas zoned IMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-1601 (E). nLMDR/IENCOD" Flexible Development Min. Lot Min. Lot Use Area Width Min. Setbacks (ft.) s . t. t. Front 62 Detached 4.500 - 25 - 50 15 - 25 3 -7.5 5 - 15 30 2/unit Dwellings 7.500 Residential n!a n!a 10 - 25 0-7.5 0-15 30 1/unit Infill Project (3) (1) In special flood hazard areas desi~ted by the National Flood Insurance Program., maximum height is measured above base flood elevation. (2) Any pool exceedin~ 1 foot in height above grade shall comDly with the reauired rear setback for the Drincioal structure. Waterfront detached dwellin~s in LMDRlIENCOD District should be 25 feet except as provided in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adjacent structures on either side of the Darcel Drowsed for develoDment are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. (3) The develoDment standards for residential infill \>rojects are guidelines and may be varied based on the criteria specified in Section 2-1602.F.2. Flexibility criteria: J. Detached Dwellings. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. Minimum lot size per dwelling ofless than 7.500 square feet is an existing lot or a lot size of less than 7.500 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; c. The volume to lot size ratio of the structures to be developed on the lot is not more than ten percent greater than the average volume to lot size ratio of all existing structures located on the same local street and within a 700 feet radius of the lot d Front setback: 1. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; 11. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform setback from the right-of-way; 111. The reduction in front setback will not adversely affect adjacent property values; 63 e. Rear setback: 1. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved: lI. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible: or lIl. The reduction in rear setback will result in an efficient house layout. f Side setback: The reduction in side setback will allow for the preservation of existing vegetation that could not otherwise be preserved. 2. Residential Infill. a. The development or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan: b. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill proiect application: c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards: d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties: e. The uses within the residential infill project are compatible with adiacent land uses: f The development of the parcel proposed for development as a residential infill proiect will upgrade the immediate vicinity of the parcel proposed for development: g. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: and h. Flexibility in regard to lot width, required setbacks. height off-street parking. access or other development standards is iustified by the benefits 64 to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional develooment standards for sinole-familv areas zoned LMDR/IENC00 1. Parking on Landscaped Areas. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area: 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line: b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through): 3. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan: and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H. Additional development standards for multi-family areas zoned MDR/IENCOD. MHDR/IENCOD. HDR/IENCOD and C/IENCOD. 1. Parking. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) 3. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan. 65 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. I. Additional develoDment standards for areas zoned I/IENCOD. I. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an inte8ral, but minor, element of a landscaping plan. 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. I. Additional develoDment standards for areas zoned I/IENCOD. 1. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan. Section 2. This ordinance shall take effect on September 9,2002. PASSED ON FIRST READING August 8. 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED August 22. 2002 Approved as to form: Attest: ~:., f1.,..;-ML; f!;,,~ ~Cynth' . 6l:ldeinJ'- 1. -"--7! 1) City Clerk .... . .' - _ w .. -'" 66 4, Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. I. Additional develoDment standards for areas zoned I/IENCOD. I, Landscaping Requirements. Use of graveL stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan. Section 2. This ordinance shall take effect on September 9,2002, PASSED ON FIRST READING August 8. 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED August 22. 2002 Approved as to form: Attest: ~f'~ l).",;~ f!;,,~ ~Cynth' . 6l:ldeinJ'- 1. ---rr L5 City Clerk .',. . .' ......... ~ '(- ~rc- CC!)cfi ) ~o \,to~~ ~ l - l ~ t ~C)~ c ~ f",,,,n(,,, 66 to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional develooment standards for sinale-familv areas zoned LMDR/IENCOD J. Parking on Landscaped Areas. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscal?ed area: 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line; b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through): 3. Landscaping Requirements. Use of graveL stones. cinders and other similar material in any yard shall be prohibited unless included as an integraL but minor. element of a landscaping plan: and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H. Additional development standards for multi-familv areas zoned MDR/IENCOD. MHDR/IENCOD. HDR/IENCOD and C/IENCOD. J. Parking. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) 3. Landscaping Requirements. Use of graveL stones. cinders and other similar material in any yard shall be prohibited unless included as an integraL but minor. element of a landscaping plan. 65 I I I I I I I I I I I I I I I I I I I to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G. Additional develoDment standards for sinole-familv areas zoned LMDR/IENCOD J. Parking on Landscaped Areas. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area: 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line: b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through): 3. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan: and 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. H Additional development standards for multi-family areas zoned MDR/IENCOD, MHDR/IENCOD. HDR/IENCOD and C/IENCOD. J. Parking. The parking of any type of vehicle. trailer. boat. personal watercraft. recreational vehicle. or any other similar vehicle shall be prohibited on grass or any other landscaped area. 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) 3. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan. 65 PASSED ON FIRST READING August 8. 2002 I I I I I I I I I I 4. Outdoor Storage. The storage of commercial fishing and crabbing equipment shall be prohibited outdoors on any residential property. I. Additional develoDment standards for areas zoned I/lENCOD. 1. Landscaping Requirements. Use of gravel. stones. cinders and other similar material in any yard shall be prohibited unless included as an integral. but minor. element of a landscaping plan, Section 2. This ordinance shall take effect on September 9,2002. PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED August 22. 2002 , Approved as to form: Attest: 66 {fc~~e~jJfl~"~~~ City Clerk ',. . "... I - .... .. ... I I I I I I I