TA00-07-05
TA 00-07-05
2nd Deferred
Amendments Code
.
.
Clearwater City Commission
Agenda Cover Memorandum
W orksession Item #
Final Agenda Item #
Meeting Date
Aug. 17.2000
SUBJECT/RECOMMENDATION:
Amendments to the Community Development Code.
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6595-00 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY: The comprehensive amendments to the Community Development Code were effective on June
29th. A second ordinance that includes deferred amendments is scheduled for second reading on August 3rd.
At the time of first reading of this ordinance, the parking on the grass issue was deferred for further
evaluation. A revised provision restricting parking on the grass is included in the attached proposed
Ordinance No. 6595-00. Additionally, three other issues have surfaced through this code review process
which are included in the proposed ordinance for consideration. The first issue is to clarify the permitted
flexibility with regard to development standards for residential infill projects. The second is to allow
temporary yard signs on non-residential properties; and the third is to exclude the use of the comprehensive
sign program for certain permitted monument signs.
At the July 18th Community Development Board meeting, staff presented the issues in the proposed
ordinance, except for the provision restricting parking on landscaped areas. The Board conceptually
supported all of the amendments. The Board will review the proposed amendments at its regularly scheduled
meeting on August 15, 2000 and make a formal recommendation to the Commission at that time. Staff will
report the recommendation at the City Commission meeting.
The Community Response Team has reviewed the proposed parking on the grass provision and suggests that
that the determination of the designated parking location and/or whether it needs to be filled in with suitable
parking materials be determined by the Code Manager and/or designee. To avoid neighborhood feuds and
prevent any interpretation of selective enforcement, the inspector should have the authority on a case-by-case
basis to determine what is appropriate for the property owner and surrounding neighbors thus promoting
consistency, fairness and impartiality.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
Planning and Development
Gina L. Clayton
User Department:
Costs:
Commission Action:
o Approved
Total 0 Approved with Conditions
o Den ied
Current Fiscal Year 0 Continued to:
N/A
N/A
N/A
N/A
N/A
N/A
Advertised:
Date:
Paper:
o Not Required
Affected Parties
o Notified
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Submitted by:
Appropriation Code
o None
City Manager
o Printed on recycled paper
...
.
.
~ Clearwater
u
To: City Commission Members
From: Cyndi Hardin, Assistant Planning Director
Date: August 16, 2000
RE: Proposed Amendments to Ordinance No. 6595-00
1. At the August 14th Commission Workshop, staff was directed to revised the temporary
yard sign provision to include specific regulations for signs relating to political
candidates and issues. Below please find the original and the revised language. The
revised language has been included in the proposed ordinance.
A. Original Proposed Provision for Temporary Yard Signs - 3-1807(N)
N. One temporary yard sign for each road frontage per parcel of land provided that such
signs are displayed no more than three times a year for a total of 90 days during a one
year period, and provided that the total sign face area of each sign does not exceed six
square feet of total sign face area on parcels of land designated or used for residential
purposes and thirty-two square feet of total sign face area on parcels of land
designated or used for non-residential purposes.
B. Revised Provision for Temporary Yard Signs.
N. Temporary Yard Signs.
1. One temporary yard sign shall be allowed for each political candidate or issue for
each frontage per parcel of land. Such signs shall be erected no sooner than sixty (60)
days prior to the election for which they were intended. and shall be removed within
seven (7) days after the election for which they are intended. The total sign face area
of each sign shall not exceed six (6) square feet in area on parcels of land designated
or used for residential purposes and thirty-two (32) square feet of total sign face area
on parcels of land designated or used for non-residential purposes.
"
.
.
2. One other temporary yard sign shall be permitted for each road frontage per parcel of
land provided that such signs are displayed no more than three times a year for a total
of 90 days during a one year period, and provided that the total sign face area of each
sign does not exceed six square feet on parcels of land designated or used for
residential purposes.
II. At the August 15th meeting, the Community Development Board recommended approval
of Ordinance No. 6595-00 with three changes to the parking on the grass provision. The
Assistant City Attorney also recommended one change. Both of these have been
incorporated below. These recommended changes have not been included in the revised
ordinance.
A. Original Provision Regulating Parking on the Grass - Section 3-1407(A)(4)
4. Parking on the grass in a required front setback shall occur only in a designated
location. This designated parking area shall be located adjacent to a driveway. if one
exists. or in a location approved bv the City Manager or designee. If this designated
parking location cannot be maintained as a grass area and is reported by neighboring
residents as a detrimental property. it is required that the designated parking area be
filled in. by the property owner. with pavers. concrete. turf block. or other approved
suitable parking material.
B. Revised Provision Regulating Parking on the Grass - Section 3-1407(A)(4)
4. One designated parking space may be located on the grass in a required front setback
adjacent to the existing paved driveway or existing designated non-paved driveway
located on the property. Access to such designated parking space shall be by way of
the property's driveway. If the designated parking space can not be maintained as a
landscaped area and is either reported by neighboring residents as a detrimental
property or is determined by any Code Inspector to be in violation of this provision.
such designated parking space shall be filled in. by the property owner. with pavers.
concrete. turf block or other approved suitable parking material.
III. In response to citizen concerns, a new provision is proposed to be added to Ordinance
No. 6595-00 which reaffirms that the sign ordinance is content neutral. Below please
find the proposed amendment to Section 3-1804. This provision has been added to the
ordinance.
H. Notwithstanding any other provision of this Code. no sign shall be subject to any
limitation based on the content of the messaged contained on such sign.
.
.
Clayton, Gina
From:
Sent:
To:
Cc:
Subject:
Sullivan, Patricia
Friday, July 21,200012:51 PM
Clayton, Gina
Goudeau, Cyndie
RE: Hooper's language re parking on the grass
July 20, 2000 City Commission Meeting
Commissioner Hooper's amendment tocode change re parking on grass
"If parking on the grass is required, this is to occur in a designated location. This designated
parking area is to be located adjacent to a driveway (if one exists) or located as approved by the
~zoning departmEtnt. If this designated parking location cannot be maintained as a grass area and is
reported by neighboring residents as a detrimental property, it is required that the designated
parking area be filled in, by the property owner, with pavers, river stone, concrete, turf block, or other
suitable parking material."
pat
-----Original Message-----
From: Goudeau, Cyndie
Sent: Friday, July 21 , 2000 11 :33 AM
To: Sullivan, Patricia
Subject: Hooper's language re parking on the grass
Pat - please send the language Commissioner Hooper recommended re parking on the grass to Gina Clayton in
Planning. Copy me please. thanks.
~Je -Se~ ~.
{or hls~'
'D'(~ tJy&. tLt(\~W-~
-'/ f\W{N~ ~ ~
fY\()J\()f.Y t k~ !!YI{V
Cyndie
tfl oY dJft10fi1 t{
fw\g
,fJ)vofl tAt cttJte- 10 C;U
pPssLwu. ~ ~ /t
CM1 u>>vl( ~-v .
bJL r!U((~ ~ tJ
M~'
.
.
NOTICE OF COMMUNITY DEVELOPMENT CODE
TEXT AMENDMENT
The City of Clearwater, Florida, proposed to adopt the following ordinance:
ORDINANCE NO. 6595-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING THE
COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS
BY CLARIFYING THAT DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL
PROJECTS IN THE RESIDENTIAL ZONING DISTRICTS ARE GUIDELINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS BY ADDING A NEW
SUBSECTION TO SECTION 3-1407(A) PARKING RESTRICTIONS IN RESIDENTIAL
AREAS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805
SIGNS PERMITTED WITHOUT A PERMIT, BY REVISING SECTION 3-1805(N)
TEMPORARY YARD SIGNS; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1807(B) BY PROHIBITING MONUMENT SIGNS TO BE
ELIGIBLE FOR COMPREHENSIVE SIGN PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
PUBLIC HEARINGS ON THIS MATTER:
Community Development Board Meeting
Tuesday, August 15,2000, at 1:00 p.m.
CITY COMMISSION CHAMBERS, City Hall, 3rd Floor
112 S. Osceola Avenue, Clearwater, Florida
Additional information is available in the Planning and Development Services Department at the
Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a
record of the proceedings to support such an appeal. A person taking an appeal will need to
ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this
statement does not create or imply a right to appeal the decision to be made at this hearing if the
right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning
and Development Services Director or the City Clerk prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE CITY CLERK DEPT.
AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD
CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33758-4748
Cynthia E. Goudeau, CMC/AAE
City Clerk
Ad: 07/29/00
e
e
ACTION AGENDA
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
August 15, 2000
Meeting called to order at 1 :00 p.m. at City Hall
ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION - None.
ITEM B - CONTINUED ITEMS - None.
ITEM C - LEVEL 2 APPLICATIONS
Item #C1 - 320 Palm Island SE: Charles Bentler - Owner/Applicant, Request
approval of Flexible Development of a Residential Infill Project to reduce rear
setback from 25 feet to 17 feet to expand the single-family residence by 771
square-feet. Lot 20, Unit 6A, Island Estates of Clearwater. FL 00-06-24
ACTION - APPROVED 6:0
Item #C2 - 1485 Gulf to Bay Boulevard: Fraternal Order of Eaqles Greater
Clearwater AERIE #3452 - Owner/Applicant, Request Flexible Development approval
to reduce the front setback from 25 feet to 15 feet along San Juan Street to
construct a 623 square-foot addition. Parcel Number: 14-29-15-10476-010-0030.
FL 00-06-21
ACTION - APPROVED subject to conditions that the site be redeveloped in phases:
1) Phase One - complete prior to issuance of Certificate of Occupancy for building
addition: a) landscape northeast property line along Gulf to Bay Boulevard & portion
of northwest property line; b) install roof-high trellises, planted with evergreen
flowering vines on building facades along Gulf-to-Bay Boulevard and San Juan
Street; c) pave two handicap-parking spaces, a small driving aisle, and drive apron
on Gulf to Bay Boulevard; and d) bring attached signage into compliance with Code;
2) Phase Two - complete by February 15, 2001, within 18 months of Flexible
Development approval: a) landscape remainder of property, to include perimeter
along south and west property lines and balance of northwest property line; 3)
Phase Three - complete by August 15, 2003, within three years of Flexible
Development approval: a) pave parking lot, including 13 parking spaces, b) remove
all excess pavement within Florida Department of Transportation right-of-way on
Gulf to Bay Boulevard; and c) provide an on-site, storm water retention system, and
4) install irrigation system during Phase One, or incrementally with each phase of
landscape enhancement. 6:0
Item #C3 - 401 Belcher Road, 2200 & 2218 Gulf to Bay Boulevard: Metro Group
Construction, LLC - Owner/Applicant, Request Flexible Development approval of a
Comprehensive Infill Redevelopment Project to permit a vehicle service
establishment within the Commercial District, with a preliminary plat,
Comprehensive Sign Program, and Comprehensive Landscape Program to construct
mcd0800
08/15/00
~
-
e
a 7,240 square-foot vehicle service establishment, Allied Tire, and a 10,880 square-
foot retail sales establishment, CVS/Pharmacy. Parcel Numbers: 18-29-16-00000-
230-1200,18-29-16-00000-230-1300, and 18-29-16-00000-230-1100.
FL 00-06-23 and PL T 00-06-04
ACTION - APPROVED subject to conditions: 1) require applicant to submit written
documentation addressing relocation of mobile home residents in accordance with
Florida law, to satisfaction of staff, prior to issuance of development order; 2) limit
signage to request in Comprehensive Sign Program application, with no additional
signage, light pole flags, banners, etc.; 3) design overhead doors to Allied Tire
service bays with an opaque finish; 4) revise note on site plan to prohibit outdoor
repair and service; 5) prohibit outdoor tire storage; and 6) modify language to
require site to meet City stormwater requirements. 6:0
ITEM D - LEVEL 3 APPLICATIONS
Item #D1 - 18167 US 19N: St. Joe Company/City of Clearwater - Owner/Applicant,
Request annexation of 8.63 acres into the City in accordance with provisions of
approved Agreement To Annex and approval of a Land Use Plan of Commercial
General Classification and rezoning to Commercial District.
Parcel Number: 29-29-16-00000-220-0200. ANX 00-06-11
ACTION - APPROVED 6:0
Item #D2 - 7 S. McMullen-Booth Road: KB Investments Group/Kraiq Burzlaff -
Owner/Applicant. Request annexation of 0.84 acre into the City to receive City
water and sewer service and approval of a Land Use Plan of Residential Urban
Classification and rezoning to LMDR (Low Medium Density Residential District).
Parcel Number: 16-29-16-00000-210-0900. ANX 00-06-12
ACTION - APPROVED 6:0
Item #D3 - Text Amendment Request Amendments to Community Development
~esidential infill projects, parking in residential areas and signage. -
ACTION - RECOMMEND APPROVAL of proposed changes to Community
Development Code included in Ordinance #6595-00, as proposed. 6-0
ITEM E - APPROVAL OF MINUTES - July 18, 2000
ACTION - APPROVED
ITEM F - DIRECTOR'S ITEMS
City Commission consideration of land use plan amendment for Las Brisas project
scheduled for September 21, 2000.
mcd0800
2
08/15/00
.
e
e
Planner Lochen Wood introduced to board.
Rescheduled December meeting to December 12, 2000, at 2:00 p.m., following
board luncheon at location to be determined.
Staff awaits Administrative Law Judge's decision regarding appeal of COB decision
related to proposed construction of InfoAge communications tower.
ITEM G - ADJOURNMENT - 2: 13 p.m.
mcd0800
3
08/15/00
-. - -- _._~
--, :". "
.
,-,
.
ORDINANCE NO. 6595-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING
ARTICLE 2, ZONING DISTRICTS BY CLARIFYING THAT
DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS
IN THE RESIDENTIAL ZONING DISTRICTS ARE GUIDELINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS BY ADDING A
NEW SUBSECTION TO SECTION 3-1407(A) PARKING
RESTRICTIONS IN RESIDENTIAL AREAS; AND AMENDING ARTICLE
3, DEVELOPMENT STANDARDS, TO ADD SECTION 3-1804(H); AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-
1805 SIGNS PERMITTED WITHOUT A PERMIT, BY REVISING
SECTION 3-1805(N) TEMPORARY YARD SIGNS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1807(B) BY
PROHIBITING MONUMENT SIGNS TO BE ELIGIBLE FOR
COMPREHENSIVE SIGN PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standard which need amendment to clarify the
intent of certain provisions;
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed these amendments, 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
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, Table 2-104, "LDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Project as
follows:
Section 2-104. Flexible development.
The following Level Two uses are permitted in the LDR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Ordinance No. 6595 -00
.
.
Table 2-104. "LDR" District Flexible Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(Sq. ft.) (ft. )
Front Side Rear
(1 )
Attached 10,000 100 25 10 15 30 1.5/unit
dwellinqs
Overnight 20,000 100 25 15 25 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000SF
Recreation land area or as
Facilities determined by
the Community
Development
Director based
on the ITE
Manual
standards
Residentiallnfill@ n/a n/a 10 - 0--15 0-15 30 1/unit
25
Schools 40,000 200 25 15 25 30 1/3 students
(1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen
(18) feet from a seawall.
(2) The development standards for residential infill proiects are guidelines and may be varied
based on the criteria set forth in Section 2-104(0).
Section 2. Article 2, Zoning Districts, Table 2-204, "LMDR" District Flexible
Development Standards is hereby amended by revising the table as it relates to Residential
Infill Projects as follows:
Table 2-204. "LMDR" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft. ) (ft. ) Parking
(ft. )
Front Side Rear
(1 )
Attached 10,000 100 25 5 15 30 1.5/unit
Dwellinqs
Detached 3,000-- 25-50 15--25 2--5 5-15 30 2/unit
Dwellinqs 5,000
2
Ordinance No. 6595-00
.
.
Non- n/a n/a 25 10 10 n/a n/a
Residential
Off Street
Parkina
Parks and n/a n/a 35 20 25 30 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residential n/a n/a 10--25 0--5 0-15 30 1/unit
Infill
Proiects(2)
Schools 40,000 200 35 25 15 30 1/3
students
(1) Waterfront detached dwellings in LMDR 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 parcel proposed for development 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.
(2) The development standards for residential infill proiects are auidelines and mav be varied
based on the criteria specified in Section 2-204(E).
Section 3. Article 2, Zoning Districts, Table 2-304, "MDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Projects as
follows:
Section 2-304. Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(sq. ft.) (ft. )
Front Side Rear
(1 )
Assisted Living 20,000 100 25 5 10 30--50 1 per 2
Facilities residents
3
Ordinance No. 6595-00
.
.
Attached 10,000 100 25 5 10 30--50 1.5funit
DwellinQs
Congregate Care 20,000 100 25 5 10 30--50 1 per 2
residents
Non-Residential nfa nfa 25 5 10 nfa nfa
Off-Street Parkina
Overnight 20,000 100 25 5 10 30--50 1funit
Accommodations
Parks and nfa nfa 35 20 25 30 1 per 20,000
Recreational SF land area
Facilities oras
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residential Infill nfa nfa 10-25 0--5 0-10 30--50 1 funit
Projects[2j
(1) The Building Code may require the rear setback to be at least 18 feet from any seawall.
(2) The development standards for residential infill proiects are guidelines and may be varied
based on the criteria specified in Section 3-304(G).
Section 4. Article 2, Zoning Districts, Table 2-404 "MHDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Projects as
follows:
Section 2-404. Flexible development.
The following Level Two uses are permitted subject to the standards and criteria set out
in this section and other applicable regulations in Article 3.
Table 2-404. "MHDR" Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
( sa. ft.) (ft. )
Front Side Rear
(1 )
Attached 15,000 150 15-25 o --1 0 1 0--1 5 30--50 1.5funit
DwellinQs
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
4
Ordinance No. 6595-00
.
.
Non-Residential n/a n/a 25 5 10 n/a n/a
Off-Street
Parkinq (2)
Overnight 15,000 150 15-25 0--1 0 1 0--15 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreation facilities SF land area
oras
determined
by the
Community
Development
Coordinator
based on the
ITE Manual
standards
Residentiallnfill n/a n/a 10-25 0--1 0 0--15 30 -- 1/unit
Projects L3j 50
Residential 15,000 150 25 10 15 30 2/1,000
Shelters GFA
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
m Non-residential parking lots shall not exceed 3 acres. Any such use, alone or when added
to contiguous like uses which exceed 3 acres shall require a land use plan map amendment
to the appropriate land use category.
(3) The development standards for residential infill proiects are guidelines and may be varied
based on the criteria specified in Section 2-404(F).
Section 5. Article 2, Zoning Districts, Table 2-504, "HDR" District Flexible Development
Standards is hereby amended by revising the table as it related to Residential Infill Project as
follows:
Section 2-504. Flexible development.
The following Level One uses are permitted in the HDR District subject to the standards
and criteria set out in this section and other applicable regulations in Article 3.
Table 2-504. "HDR" Flexible Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
( sq. ft.) (ft. )
Front Side Rear
(1 )
Attached 15,000 150 15-- 0-10 1 0- -15 30-- 1.5/unit
Dwellinqs 25 130
5
Ordinance No. 6595-00
.
.
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
Overnight 15,000 150 15-- 0-10 10-15 30 1/unit
Accommodations 25
Parking Garage 20,000 100 50 15-25 10 10 -- n/a
and Lots (2) 20
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreational SF land area
facilities or as
determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Residentiallnfill n/a n/a 10 - - 0-10 0--1 5 30- 1/unit
Projects (3) 25 130
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18' from a
seawall.
(2) Parking garages shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment to
the appropriate land use category.
(3) The development standards for residential infill proiects are quidelines and may be varied
based on the criteria specified in Section 2-504(F).
Section 6. Article 3, Development Standards, Section 3-1407, Parking restrictions in
residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407(A) as
follows:
4. Parkinq on the grass in a required front setback shall occur onlv in a designated
location. This designated parking area shall be located adiacent to a driveway. if
one exists. or in a location approved bv the Citv Manager or desiqnee. If this
desiqnated parkinq location cannot be maintained as a qrass area and is reported
by neighboring residents as a detrimental property. it is required that the desiqnated
parking area be filled in. bv the property owner. with pavers. concrete. turf block. or
other approved suitable parking material.
Section 7. Article 3, Development Standards, Section 3.1804(H) is hereby added as
follows:
H. Notwithstanding any other provision of this Code. no siqn shall be subiect to any
limitation based on the content of the message contained on such siqn.
Section 8. Article 3, Development Standards, Section 3-1805(N) is hereby amended by
revising temporary yard signs as follows:
6
Ordinance No. 6595-00
.
.
N. Temporary Yard Siqns.
1. One temporary yard sign shall be allowed for each political candidate or issue
for each frontage per parcel of land. Such siqns shall be erected no sooner
than sixty (60) days prior to the election for which they were intended. and
shall be remoyed within seven (7) days after the election for which they are
intended. The total siqn face area of each siqn shall not exceed six (6)
square feet in area on parcels of land designated or used for residential
purposes and thirty-two (32) square feet of total sign face area on parcels of
land desiqnated or used for non-residential purposes.
2. One other temporary yard sign shall be permitted for each road frontage per
parcel of land provided that such signs are displayed no more than three
times a year for a total of 90 days during a one year period. and provided that
the total siqn face area of each siqns does not exceed six square feet on
parcels of land desiqnated or used for residential purposes.
~J. One temporary yard sign for each ro::ld frontage per parcel of l::lnd provided th::lt
cuch signs are displayed no more than three timen a year for a total of 90 days
during a one year period, and provided that the total sign face area of each sign
does not exceed six Gquare feet of total sign face area on parcels of land designated
or used for residential purpoces.:.
Section 9. Article 3, Development Standards, Section 3-1807(8), is hereby amended by
revising the permitted signage section of the Comprehensive Sign Program as follows:
8. Permitted Signage. Signage which is proposed as part of a comprehensive sign
program may deviate from the minimum sign standards in terms of numbers of signs
per business or parcel of land, maximum area of a sign face per parcel of land and
the total area of sign faces per business or parcel of land, subject to compliance with
the flexibility criteria set out in Section 3-1807(C). Monument signs. permitted
pursuant to Section 3- 1806(8)(1 )(q) and Section 3-1806(8)(2) shall not be eliqible
for comprehensive sign program. A comprehensive sign program shall be
approved as part of a level one or level two approval, as the case may be.
7
Ordinance No. 6595-00
.
.
Section 10. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 6595-00
.
.
ORDINANCE NO. 6595-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING
ARTICLE 2, ZONING DISTRICTS BY CLARIFYING THAT
DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS
IN THE RESIDENTIAL ZONING DISTRICTS ARE GUIDELINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS BY ADDING A
NEW SUBSECTION TO SECTION 3-1407(A) PARKING
RESTRICTIONS IN RESIDENTIAL AREAS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 SIGNS
PERMITTED WITHOUT A PERMIT, BY REVISING SECTION 3-
1805(N) TEMPORARY YARD SIGNS; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1807(B) BY PROHIBITING
MONUMENT SIGNS TO BE ELIGIBLE FOR COMPREHENSIVE SIGN
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standard which need amendment to clarify the
intent of certain provisions;
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed these amendments, 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
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, Table 2-104, "LDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Project as
follows:
Section 2-104. Flexible development.
The following Level Two uses are permitted in the LDR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Table 2-104. "LDR" District Flexible Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(sa. ft.) (ft. )
Front Side Rear
(1 )
Attached 10,000 100 25 10 15 30 1.5/unit
dwellinqs
Ordinance No. 6595 -00
.
.
Overnight 20,000 100 25 15 25 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000SF
Recreation land area or as
Facilities determined by
the Community
Development
Director based
onthelTE
Manual
standards
ResidentiallnfillQ.1 n/a n/a 10- 0--15 0-15 30 1/unit
25
Schools 40,000 200 25 15 25 30 1/3 students
(1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen
(18) feet from a seawall.
(2) The development standards for residential infill proiects are guidelines and mav be varied
based on the criteria set forth in Section 2-104(0).
Section 2. Article 2, Zoning Districts, Table 2-204, "LMDR" District Flexible
Development Standards is hereby amended by revising the table as it relates to Residential
Infill Projects as follows:
Table 2-204. "LMDR" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft. ) (ft. ) Parking
(ft. )
Front Side Rear
(1 )
Attached 10,000 100 25 5 15 30 1.5/unit
Dwellinqs
Detached 3,000-- 25-50 15--25 2--5 5-15 30 2/unit
Dwellings 5,000
Non- n/a n/a 25 10 10 n/a n/a
Residential
Off Street
Parking
2
Ordinance No. 6595-00
.
.
Parks and n/a n/a 35 20 25 30 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residential n/a n/a 10--25 0--5 0-15 30 1/unit
Infill
ProjectsL2}
Schools 40,000 200 35 25 15 30 1/3
students
(1) Waterfront detached dwellings in LMDR 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 parcel proposed for development 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.
(2) The development standards for residential infill proiects are guidelines and mav be varied
based on the criteria specified in Section 2-204(E).
Section 3. Article 2, Zoning Districts, Table 2-304, "MDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Projects as
follows:
Section 2-304. Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(Sq. ft.) (ft. )
Front Side Rear
(1 )
Assisted Living 20,000 100 25 5 10 30--50 1 per 2
Facilities residents
Attached 10,000 100 25 5 10 30--50 1.5/unit
Dwellings
3
Ordinance No. 6595-00
.
.
Congregate Care 20,000 100 25 5 10 30--50 1 per 2
residents
Non-Residential n/a n/a 25 5 10 n/a n/a
Off-Street Parkina
Overnight 20,000 100 25 5 10 30--50 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000
Recreational SF land area
Facilities or as
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residential Infill n/a n/a 10-25 0--5 0-10 30--50 1/unit
Proiects(2)
(1) The Building Code may require the rear setback to be at least 18 feet from any seawall.
(2) The development standards for residential infill proiects are quidelines and may be varied
based on the criteria specified in Section 3-304(G).
Section 4. Article 2, Zoning Districts, Table 2-404 "MHDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Projects as
follows:
Section 2-404. Flexible development.
The following Level Two uses are permitted subject to the standards and criteria set out
in this section and other applicable regulations in Article 3.
Table 2-404. "MHDR" Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(sq. ft.) (ft. )
Front Side Rear
(1 )
Attached 15,000 150 15-25 o --1 0 1 0--15 30--50 1.5/unit
Dwellinas
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
Non-Residential n/a n/a 25 5 10 n/a n/a
Off-Street
Parkina (2)
4
Ordinance No. 6595-00
.
.
Overnight 15,000 150 15-25 0--1 0 1 0--15 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreation facilities SF land area
or as
determined
by the
Community
Development
Coordinator
based on the
ITE Manual
standards
Residential Infill n/a n/a 10-25 0--1 0 0--15 30 -- 1/unit
Projects Gll 50
Residential 15,000 150 25 10 15 30 2/1,000
Shelters GFA
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
m Non-residential parking lots shall not exceed 3 acres. Any such use, alone or when added
to contiguous like uses which exceed 3 acres shall require a land use plan map amendment
to the appropriate land use category.
(3) The development standards for residential infill proiects are quidelines and may be varied
based on the criteria specified in Section 2-404(F).
Section 5. Article 2, Zoning Districts, Table 2-504, "HDR" District Flexible Development
Standards is hereby amended by revising the table as it related to Residential Infill Project as
follows:
Section 2-504. Flexible development.
The following Level One uses are permitted in the HDR District subject to the standards
and criteria set out in this section and other applicable regulations in Article 3.
Table 2-504. "HDR" Flexible Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
( sq. ft.) (ft. )
Front Side Rear
(1 )
Attached 15,000 150 15-- 0-10 1 0- -1 5 30-- 1.5/unit
DwellinQs 25 130
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
5
Ordinance No. 6595-00
.
.
Overnight 15,000 150 15-- 0-10 10-15 30 1/unit
Accommodations 25
Parking Garage 20,000 100 50 15-25 10 10 - - n/a
and Lots (2) 20
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreational SF land area
facilities oras
determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Residentiallnfill n/a n/a 10 - - 0-10 0--1 5 30- 1/unit
Proiects (3) 25 130
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18' from a
seawall.
(2) Parking garages shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment to
the appropriate land use category.
(3) The development standards for residential infill proiects are quidelines and may be varied
based on the criteria specified in Section 2-504(F).
Section 6. Article 3, Development Standards, Section 3-1407, Parking restrictions in
residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407(A) as
follows:
4. Parking on the qrass in a required front setback shall occur onlv in a desiqnated
location. This designated parkinq area shall be located adiacent to a driveway, if
one exists. or in a location approved by the City Manaqer or designee. If this
designated parking location cannot be maintained as a grass area and is reported
bv neiqhboring residents as a detrimental property. it is required that the desiqnated
parkinq area be filled in. bv the propertv owner. with pavers. concrete. turf block. or
other approved suitable parkinq material.
Section 7. Article 3, Development Standards, Section 3-1805(N) is hereby amended by
revising temporary yard signs as follows:
N. Temporary Yard Signs.
1. One temporary yard sign shall be allowed for each political candidate or issue
for each frontage per parcel of land. Such signs shall be erected no sooner
than sixty (60) days prior to the election for which they were intended. and
shall be removed within seven (7) days after the election for which they are
intended. The total siqn face area of each sign shall not exceed six (6)
square feet in area on parcels of land desiqnated or used for residential
6
Ordinance No. 6595-00
.
.
purposes and thirty-two (32) sauare feet of total sign face area on parcels of
land desianated or used for non-residential purposes.
2. One other temporary yard sign shall be permitted for each road frontage per
parcel of land provided that such sians are displayed no more than three
times a year for a total of 90 days durina a one year period. and provided that
the total sian face area of each signs does not exceed six sauare feet on
parcels of land designated or used for residential purposes.
N. One tempor3ry yard Gign for e3ch road frontage per paroel of land provided th3t
Guoh GignG are diGplayed no more th3n three timee a year for a total of 90 daYG
during a one year period, and provided th3t the tot31 eign boe are3 of eaoh eign
doee not exceed Gix equ3re feet of tot31 eign fuce 3rea on paroels of land deeign3ted
or ueed for roeidential purpoeeG.:.
Section 8. Article 3, Development Standards, Section 3-1807(B), is hereby amended by
revising the permitted signage section of the Comprehensive Sign Program as follows:
B. Permitted Signage. Signage which is proposed as part of a comprehensive sign
program may deviate from the minimum sign standards in terms of numbers of signs
per business or parcel of land, maximum area of a sign face per parcel of land and
the total area of sign faces per business or parcel of land, subject to compliance with
the flexibility criteria set out in Section 3-1807(C). Monument sians. permitted
pursuant to Section 3- 1806(B)(1)(g) and Section 3-1806(B)(2) shall not be eliaible
for comprehensive sign program. A comprehensive sign program shall be
approved as part of a level one or level two approval, as the case may be.
7
Ordinance No. 6595-00
.
.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 6595-00
.
.
COB Meeting Date: August 15. 2000
Case: TAOO-07-05
Agenda Item: 03
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6595-00
INITIA TED BY:
Planning Department
BACKGROUND INFORMATION:
At the July 18th Community Development Board meeting, staff presented several issues
for discussion that were not included in Ordinance 6573-00. Issues discussed included:
residential infill projects, corner lot fences, temporary yard signs for nonresidential
property and the prohibition of the use of the comprehensive sign program for certain
monument signs. The Board supported all of the amendments except for the one
proposed for corner lot fences.
At the July 20th City Commission meeting, the Commission postponed action on the
proposed prohibition of parking on landscaped areas in the front yard of residential
properties due to a proposed revision. The Commission requested additional time to
consider the amendment prior to voting on it.
The issues listed above are being addressed in the attached proposed Ordinance No.
6595-00. Although the Board discussed these issues and provided staff direction, a
formal recommendation should be made after conducting an advertised public hearing on
the issues.
ANALYSIS:
Proposed Ordinance No. 6595-00 includes amendments addressing four items. Below
please find a description of each proposed amendment.
1
.
.
1. Residential Infill Project (Pages 1 - 6 of proposed ordinance.)
Staff is proposing an amendment to the flexible development use tables in the Low
Density Residential, Medium Low Density Residential, Medium Density Residential,
Medium High Density Residential, and High Density Residential Zoning Districts
that more clearly identifies the flexibility permitted with regard to development
standards for residential infill projects. Currently, review criteria for residential infill
projects permits flexibility in development standards by permitting setback and
parking requirements to be reduced beyond what is listed in the use charts. Staff is
proposing to add a footnote to each flexible development use chart in the above
districts that specifies that the development standards for residential infill projects are
guidelines and may be varied based on the flexibility criteria.
2. Parking on Landscaped Areas (Page 6 of the proposed ordinance.)
At the July 20th meeting, the City Commission did not act on the proposed
amendment prohibiting the parking of vehicles on landscaped areas in a required front
setback. The new language introduced for consideration would permit parking on the
grass if it were in a designated space adjacent to a driveway. The proposal also
specifies that if the parking location is not maintained as a grass area and if a
neighbor complains, the property owner would be required to fill in the area with a
suitable parking material. The proposed ordinance contains an amendment reflecting
this.
3. Temporary Yard Signs (Pages 6 - 7 of the proposed ordinance.)
Staff is proposing to expand Code Section 3-1805(N) that regulates temporary yard
signs. The content of these signs is not regulated in any manner and can be used for
any type of speech. The current provision specifies the permitted size and the length
of time temporary yard signs can be erected on residential property. Staff is
proposing to expand this provision to also apply to non-residential properties. The
proposed amendment would permit temporary yard signs, not exceeding thirty-two
(32) square feet in area, on parcels ofland used for non-residential purposes.
4. Comprehensive Sign Program (Page 7 of the proposed ordinance.)
During the six-month code update, two new provisions permitting monument signs
were added to the sign ordinance. Under current provisions, any type of permitted
sign may be eligible for comprehensive sign program, which allows an increase of up
to 100% in sign size. Staff never contemplated that the new provisions permitting
monument signs in the Tourist and Downtown Districts or the provision allowing
monument signs to exceed the permitted freestanding sign area by 25% could be
subject to the comprehensive sign program. Staff is proposing an amendment to Code
Section 3-1807(B) that specifically excludes the use of the comprehensive sign
program for those signs.
2
.
.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of
built-up neighborhoods, and infill development to encourage economic vitality and
counteract the scarcity of vacant land."
The provisions allowing development standards to be varied for residential infill
projects will further the goal of renewing declining areas and stabilizing built-up
neighborhood by allowing variations if the flexibility criteria can be met through the
site plan review process. The restriction on parking on landscaped areas promotes
stability, heightened property maintenance standards, and aesthetics.
. Policy 2.4.2 - "Neighborhood preservation and infill development shall be
encouraged by maintenance and upgrading of public and private property."
The provisions allowing development standards to be varied for residential infill
projects and the restriction on parking on landscaped areas in the front setback will
further neighborhood preservation by encouraging property maintenance and the
upgrading of private property.
. Objective 4.1 - "All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code, and all
proposed signs shall be evaluated to determine their effectiveness in reducing visual
clutter and in enhancing the safety and attractiveness of the streetscape."
The proposed revision to temporary yard signs and the comprehensive sign program
will not increase visual clutter or have a negative impact on safety.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments revise zoning district standards found in Article 2,
parking restrictions in the residential districts and sign regulations in Article 3. The
proposed amendments are consistent with the following purposes of the Code.
3
.
.
. Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city; to
establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality oflife of all residents and property owners of the city;
. Section l-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development of land within the city; and
. Section 1-103(E)(3) - Protect and conserve the value of land throughout the city and
the value of buildings and improvements upon the land, and minimize the conflicts
among the uses of land and buildings.
SUMMARY AND RECOMMENDATION:
The proposed amendments are consistent with the Comprehensive Plan and the
Community Development Code. The amendments clarify the flexibility permitted for
residential infill projects, allows parking on the grass in residential districts under limited
circumstances, provide businesses with the ability to erect temporary yard signs, and
prohibits permitted monument signs from being increased in size through the
comprehensive sign program.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6595-00 that
revises the Community Development Code.
Prepared by: Gina L. Clayton
A TT ACHMENT:
Proposed Ordinance No. 6595-00
4
.
.
ORDINANCE NO. 6595-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING
ARTICLE 2, ZONING DISTRICTS BY CLARIFYING THAT
DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS
IN THE RESIDENTIAL ZONING DISTRICTS ARE GUIDELINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS BY ADDING A
NEW SUBSECTION TO SECTION 3-1407(A) PARKING
RESTRICTIONS IN RESIDENTIAL AREAS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 SIGNS
PERMITTED WITHOUT A PERMIT, BY REVISING SECTION 3-
1805(N) TEMPORARY YARD SIGNS; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1807(B) BY PROHIBITING
MONUMENT SIGNS TO BE ELIGIBLE FOR COMPREHENSIVE SIGN
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standard which need amendment to clarify
the intent of certain provisions;
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed these amendments, 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
-
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, Table 2-104, "LOR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residential Infill Project as
follows:
Section 2-104. Flexible development.
The following Level Two uses are permitted in the LOR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Table 2-104. "LOR" District Flexible Development Standards
Use
Min.
Lot
Width
ft.
Min.
Setbacks
(ft. )
Max.
Height
(ft. )
Min.
Off-Street
Parking
Front
Ordinance No. 6595 -00
.
.
Attached 10,000 100 25 10 15 30 1.5/unit
dwellinQs
Overnight 20,000 100 25 15 25 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000SF
Recreation land area or as
Facilities determined by
the Community
Development
Director based
on the ITE
Manual
standards
Residentiallnfill.0 n/a n/a 10 - 0--15 0-15 30 1/unit
25
Schools 40,000 200 25 15 25 30 1/3 students
(1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen
(18) feet from a seawall.
(2) The development standards for residential infill proiects are Quidelines and may be varied
based on the criteria set forth in Section 2-104(0).
Section 2. Article 2, Zoning Districts, Table 2-204, "LMDR" District Flexible
Development Standards is hereby amended by revising the table as it relates to Residential
Infill Projects as follows:
Table 2-204. "LMDR" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft. ) (ft. ) Parking
(ft. )
Front Side Rear
(1 )
Attached 10,000 100 25 5 15 30 1.5/unit
DwellinQs
Detached 3,000-- 25-50 15--25 2--5 5-15 30 2/unit
DwellinQs 5,000
Non- n/a n/a 25 10 10 n/a n/a
Residential
Off Street
ParkinQ
2
Ordinance No. 6595-00
.
.
Parks and n/a n/a 35 20 25 30 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residential n/a n/a 10--25 0--5 0-15 30 1/unit
Infill
Proiects(2)
Schools 40,000 200 35 25 15 30 1/3
students
(1) Waterfront detached dwellings in LMDR 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 parcel proposed for development 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.
(2) The development standards for residential infill proiects are Quidelines and may be varied
based on the criteria specified in Section 2-204(E).
Section 3. Article 2, Zoning Districts, Table 2-304, "MDR" District Flexible
Development Standards is hereby amended by revising the table as it relates to Residential
Infill Projects as follows:
Section 2-304. Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards
and criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(sq. ft.) (ft. )
Front Side Rear
(1 )
Assisted Living 20,000 100 25 5 10 30--50 1 per 2
Facilities residents
Attached 1 0,000 100 25 5 10 30--50 1.5/unit
Dwellings
3
Ordinance No. 6595-00
.
.
Congregate Care 20,000 100 25 5 10 30--50 1 per 2
residents
Non-Residential n/a n/a 25 5 10 n/a n/a
Off-Street ParkinQ
Overnight 20,000 100 25 5 10 30--50 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000
Recreational SF land area
Facilities or as
determined
by the
Community
Development
Director
based on ITE
Manual
standards
Residentiallnfill n/a n/a 10-25 0--5 0-10 30--50 1/unit
Proiects(2)
(1) The Building Code may require the rear setback to be at least 18 feet from any seawall.
(2) The development standards for residential infill proiects are Quidelines and may be varied
based on the criteria specified in Section 3-304(8).
Section 4. Article 2, Zoning Districts, Table 2-404 "MHDR" District Flexible Development
Standards is hereby amended by revising the table as it relates to Residentiallnfill Projects as
follows:
Section 2-404. Flexible development.
The following Level Two uses are permitted subject to the standards and criteria set out
in this section and other applicable regulations in Article 3.
Table 2-404. "MHDR" Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (f1. ) (f1. ) Parking
(sq. f1.) (f1. )
Front Side Rear
(1 )
Attached 15,000 150 15-25 0--10 1 0--15 30--50 1.5/unit
DwellinQs
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
4
Ordinance No. 6595-00
.
.
Non-Residential n/a n/a 25 5 10 n/a n/a
Off-Street
Parking (2)
Overnight 15,000 150 15-25 0--1 0 1 0--15 30 1/unit
Accommodations
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreation SF land area
facilities or as
determined
by the
Community
Development
Coordinator
based on the
ITE Manual
standards
Residentiallnfill n/a n/a 10-25 0--1 0 0--15 30 -- 1/unit
Projects L:n 50
Residential 15,000 150 25 10 15 30 2/1,000
Shelters GFA
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet
from a seawall.
m Non-residential parking lots shall not exceed 3 acres. Any such use, alone or when added
to contiguous like uses which exceed 3 acres shall require a land use plan map
amendment to the appropriate land use category.
(3) The development standards for residential infill proiects are Quidelines and may be varied
based on the criteria specified in Section 2-404(F).
Section 5. Article 2, Zoning Districts, Table 2-504, "HDR" District Flexible Development
Standards is hereby amended by revising the table as it related to Residential Infill Project as
follows:
Section 2-504. Flexible development.
The following Level One uses are permitted in the HDR District subject to the standards
and criteria set out in this section and other applicable regulations in Article 3.
Table 2-504. "HDR" Flexible Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft. ) (ft. ) Parking
(sq. ft.) (ft. )
Front I Side I Rear
(1)
5
Ordinance No. 6595-00
.
.
Attached 15,000 150 15-- 0-10 1 0--15 30-- 1.5/unit
Dwellings 25 130
Congregate Care 15,000 150 25 10 15 30 1 per 2
residents
Overnight 15,000 150 15-- 0-10 10-15 30 1/unit
Accommodations 25
Parking Garage 20,000 100 50 15-25 10 10 -- n/a
and Lots (2) 20
Parks and n/a n/a 35 20 25 30 1 per 20,000
recreational SF land area
facilities or as
determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Residentiallnfill n/a n/a 10 -- 0-10 0--15 30- 1/unit
Projects (3) 25 130
(1) The Building Code may require the rear setback on a waterfront lot to be at least 18' from a
seawall.
(2) Parking garages shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment
to the appropriate land use category.
(3) The development standards for residential infill proiects are Quidelines and may be varied
based on the criteria specified in Section 2-504(F).
Section 7. Article 3, Development Standards, Section 3-1407, Parking restrictions in
residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407(A) as
follows:
4. ParkinQ on the Qrass in a required front setback shall occur only in a desiQnated
location. This desiQnated parkinQ area shall be located adiacent to a driveway. if
one exists, or in a location approved by the City ManaQer or desiQnee. If this
desiQnated parkinQ location cannot be maintained as a Qrass area and is reported
by neiQhborinQ residents as a detrimental property. it is required that the
desiQnated parkinQ area be filled in. by the property owner, with pavers, concrete.
turf block, or other approved suitable parkinQ material.
Section 8. Article 3, Development Standards, Section 3-1805(N) is hereby amended
by revising temporary yard signs as follows:
N. One temporary yard sign for each road frontage per parcel of land provided that
such signs are displayed no more than three times a year for a total of 90 days
6
Ordinance No. 6595-00
.
.
during a one year period, and provided that the total sign face area of each sign
does not exceed six square feet of total sign face area on parcels of land
designated or used for residential purposes and thirty-two square feet of total sion
face area on parcels of land desionated or used for non-residential purposes.
Section 9. Article 3, Development Standards, Section 3-1807(B), is hereby amended
by revising the permitted signage section of the Comprehensive Sign Program as follows:
B. Permitted Signage. Signage which is proposed as part of a comprehensive sign
program may deviate from the minimum sign standards in terms of numbers of
signs per business or parcel of land, maximum area of a sign face per parcel of
land and the total area of sign faces per business or parcel of land, subject to
compliance with the flexibility criteria set out in Section 3-1807(C). Monument
sions, permitted pursuant to Section 3- 1806(B)(1)(0) and Section 3-1806(B)(2)
shall not be elioible for comprehensive sion prooram. A comprehensive sign
program shall be approved as part of a level one or level two approval, as the case
may be.
Section 10. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
7
Ordinance No. 6595-00
RUG. 17.2000 9:14AM
SIE~10N & LHRSUj
~iO . qS
P.1.
.
.
SIEMON & LARSEN
LAW OFFICES
MIZNER PARK
433 PLAZA R.lW,., sum: m
BQC.6. JtI.. TON. PLOJUOA 3343:2
TEl$PJlONE<'U) 36Msoe
FACSWUU (sn) 361.4008
a.MAlL: almboca@sate,net
August 17, 2000
Please deliver upon receipt to:
Name'
Cyndi Hardin
Firm,
City of Clearwater
FAX Number:
727/562~4865
From:
SQIly Stroh beck
Message:
Charlie asked me to convey the following to yo~:
"Notwithstanding any other provision of this Code, no sign shall be subj eot to any limitation based
on the content of the message contained on such sign."
~ 11 1\C(ffr
~.
Total Pages Includinl Cover Sheet: 1
Client: Clearwater
Matter: A&D
CONFIDENTIALITY NOTICE
nmINfORMATlON CONTAINEDJN '!HIS FACSIMlLEMESSAOE IS PRIVILEGED AND CON1'IPENTlAL, JNTI!NDED lI'OR m: USE 01'
nm ADORESSllE ABOVE, IF YOU ARE NEITHER THE l!'.1'ENDED RECIPIENT NOR nlE EMPLOYEE. OR AGENT RESPONSmL8 FOR
DP.UVEIUNG nus M!~AOE TO tHE II'f1'P.NDED RECIPIENT. YOU ARE HEREBY NOTIllI2D T['IAT ANY DISCl.OStml. COPYING,
DIS'l'roBUTION OR TI.n~ T Al{ING OF ACTION IN Rf.JJANCE O~ nm CONTENTS OF THIS TELRCOPIED IN1l0RMA '!TO~ IS S'IfUCrLV
PROHIBI'IED. IF YOU IiAVE RECEIVED THrs TELtCOPY IN ERROR, l'LEASE NOTljlY CO\.'NSEL AlJOVE IMMEDIAT~LY BY
TELel'HONE TO ARRANGE FOR RETURN OF Tal ORIGINAL DOCUMENTS TO THE COUN~EL NAMED ABOVE.
~
\~\~~~
.
.
.
.
~f1~
,..,111
..j~~~LOF rJi;~-r~..
\\.~ ~.JIlI.'L""~~~"'_
..t-:::.,," ~~~~~~":.
....;:-.;;,,' ,III.. ":.!?;..
~"",-/---<,. '. ~ -.
~crc~~~".~~. . ~:
..~.-~ . .~~..
":.?.L'\'"~~~ . .' ,"c--.''i,'
~,..T;p~;;W"'~~~\
...~...~:4TER,.,j.
''''IJI''
CITY OF CLEARWATER
POST OfFICE Box 4748, CU:.\RWATER, FLORIDA 33758-4748
CITY R-IlL, 112 SOUTH OSCEOlA AVENUE, CLL~RWATER, FLORIDA 33756
TELEPHONE (727) 562-4050 E,,"x (727) 562~4052
CrTY COMMISSION
June 6, 2000
William C. Jonson
Chair, Development Code Committee
Coalition of Clearwater Homeowner Associations
2694 Redford Court West
Clearwater, FL 33761
Dear Mr. Jonson:
We are in receipt of your recent correspondence regarding adding back into the sign
portion of the Development Code a First Amendment protection clause from the old
Clearwater sign code.
Thank you for your continued diligence. We will be back with you soon on your
observations.
Sincerely,
;, At- r
g,lJ. ..1~ ~ ~
(~~
r
1~/4- ;:;r-
Brian J. Aungst
Mayor
BJA/cb
0:\[ CITY. 0:\[ FLn:RE.
BI(L\f\ J. AUf\GST, \L\YOR~CmlMISSIOI\ER
lB. JOHf\SOf\, VICE MAYOR~CmL\lISSIOI\ER
ED HARr, CO.\l\llSSIOf\ER
*
BOB ClARK, CO.\l\lISSJONFR
ED HOOPER, Cml\llSSIOf\E!(
"EQL'.-\I. E~lPLOY"IE:\T A:\[) AFFm"I\TIVF Acno:\ E\II'LO\D("
.'
.WILLIAM C. JONSON
2694 REDFORD COURT WEST,
CLEARWA1ER, FLORIDA 33761
.
June 2, 2000
The Honorable Brian Aungst
Mayor, City of Clearwater.
Post Office Box 4748
Clearwater, Florida 33758
Dear Mayor Aungst and City Commissioners:
At last night's City Commission meeting I reconunended adding back into the
sign portion of the Development Code a First Amendment protection clause from the old
Clearwater sign code. I am enclosing a court decision from August, 1999, which deals in
part with First Amendment issues. On page 17 there is a footnote 11 which directly deals
with this issue. It ends by saying: "The City could likely save this portion of the
ordinance by adding such a provision."
I observe that the current sign code is not completely content neutral. For
example Sec. 3-1805 C allows temporary signs related to "the principle use of the
parcel". Thus it seems that we are subject to a First Amendment challenge.
For several months I have been attempting to find out why the language was
deleted. It seems that the abundance of caution would recommend adding this statement
to the current code. Is there a downside to this approach?
1;lL
William C. Jons
Chair, Development Code Committee
Coalition of Clearwater Homeowner
Associations
CC: Rich Glasgow, President
End: Outdoor Systems, Inc., vs. The City of Merriam, Kansas, Aug. 30, 1999
Language reconunended by the Southern Environmental Law Center from the old
Clearwater Sign Code
..
.
'.
, . -
:.. '-1. ~ \'
(~' T '\:"' .... T I '\' . "T' 'L~.' ,r. " -..-
'....___~.....""........', .. ............. __ :-.~ '. '.l_.',::.
(3\ If signs are authorized t.o be placed b,y this
chapter on the basis of property being afforded
n1ul tiple street frontages, then each such sign shall
be positioned to be primarily viewed from each
such fronta e.
. --i: I t i ~ the 1 n ten t 0 f the city com mi s s ion t hat
protection of First .:\nlendment rights shall be af.
fo:--dec1 such that any sign, display or device al-
lo\\red under this chapter may contain, in lieu of
any other c~P, any otherwise laVY1ul noncommer-
ciaJ Jnessage that does not. direct attention to a
business operated for profit or to a commodity or
service for sale and that complies \\rith the size,
lighting and spacing requirements of this chapter,
(Code 1980, S 134.018(a)-(c); Ord. No. 5257, ~ 5!
9.17-92)
Sec. 44.08. Exempt signs.
The following t~ypes of signs are exempt from
the permitting requirements of this chapter, pro-
Of?'~ ~ .n. ~ ... h "" .... ~ ,. ~ ~ L _ _ _ _ _ _ _ __ -1 _..I 1 1 . . , ..
,4 Chan
This I
the s:
,- ComT
(OJ
days,
t 1 n1 e
15 cia
incl uc
ilar dj
but d(
ofty"p
this c:
i 6' Canst
' I
lot fro
playec
.
perml
.
SIgnS
Zonin
. ,... ._" ,.,_...l
...~(i,n sqz
.... '. .....~
SinglE
.. . ~\1I.-01-00 04:51pm
From-ALLEN BRINTON ~MONS
~043538770
. T-596
P.18/ZZ
F-3ZZ
67 F,Supp.2d 1258
(Cite as: 67 F.Supp.2d 1258, *1270)
Page 17
zoning dist+icts under the current ordinance, the City may wish to clarify
this point if and when it redrafts the ordinance.
In summary, the Court finds that Sections 6-104(N), 6~10S, 6-107(A)( 6- 201,
6-202, and 6-203 of the Merriam Sign Ordinance are unconstitutional. [FN11]
Plaintiff's motion for summary judgment on this issue is sustained and
defendant's motion is overruled.
FN11. These provisions violate the First Amendment principles enunciated in
Metromedia because the ordinance (unlike many sign ordinances) does not
allow noncommercial speech to be substituted in lieu of the various
ca~egories of permitted speech. Cf. Outdoor Sys., Inc. v. City of Lenexa,
67 F,SuPp.2d 1231 (finding permissible ordinance stating that "any
permitted sign is allowed to contain noncommeroial speech in lieu of any
other speech") (D.Kan. July 26, 1999); Outdoor Sys., Inc. v. City of Mesa,
997 F,2d 604( 611 (9th Cir.1993) (ordinances which allow noncommercial
messages in lieu of any other message satisfy free speech requirements);
National Adver. Co, v. City & County of Denver, 912 F.2d 405, 408-10 (10th
Cir. 1990) ("the preference for noncommercial over commercial advertising
under the new ordinance is the kind of underinclusiveness the First
Amendment toleratesrr); Georgia Outdoor Adver., Inc. v, City of
Waynesville, 833 F.2d 43, 46 (4th Cir.1987) (upholding ordin~nce similar to
ones in City of Mesa, supra ), ip~€'ityeoU1d.:tike'ly save this portion of
the ordinance by adding such a provision.
II. Discretion Of Community Development Committee
[6] [7] [8) An ordinance that requires a permit before a sign may be displayed
~annot grant a government official unfettered discretion to deny a permit
application, See City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S, 750,
772, 108 S,Ct. 2138, 100 L.Ed.2d 771 (1988) (citing Freedmsn v. Maryland, 380
J.3. 51, 85 s.et, 734, 13 L.8d.2d 649 (1965)). Limits on the administrator's
luthority must be imposed either by explicit "textual incorporation, binding
jUdicial or administrative construction, or well~ established practice."
jakewood, 486 U,S. at 770, 108 S,Ct. 2138. Moreover, a prior restraint upon the
Lssuance of sign permits must place limits on the time within which the
iecisionmaker *1271 must issue a license. See FW/PBS, Inc, v. City of Pallas,
193 U.S, 215, 226, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); Freedman, 380 U,S. at
~9, 85 s.et. 734.
(9) Here, the Zoning Administrator first reviews permit applications for
~ompliance with certain standards and guidelines. See Merriam Code ~ 6~
.03 (8) (1). Within 30 days of the application, the Zoning Administrator must
;ubmit each application to the Community Development Committee (t.he "CoIW11ittee"
)f the City Council. See id. ~ 6-103 (8) (2). The Committee reviews the
\pplication at its next regularly scheduled monthly meeting.
Plaintiff argues that the ordinance is unconstitutional because it grants the
~ommittee unfettered discretion to issue sign permits and does not contain a
.ime limit for ~he Committee to review an application. Defendant responds by
.oting that the Zoning Administrator must follow specific gu~delines ana s~bmit
Copr. @ West 2000 No Claim to Orig, D.S; Govt. Works
I .
.
.
~/~ uRlo
{j, 7l~ / ,8,~
~q~a>>7~~-;J?~~
~ ;117~ tJ!:Inhp~ -~ ~/f#?2lh
~~~-~/UUC
~~~~~~~~
~ ~4UP?y~~-r
~~t/~~ o/~--z<'~
r~~~qnJp ~-- /2&#~~~/?J ~~....::
11~;;n~~~~~,w25h<g~ (;;~
~ 7'ltL &~~ /UiPqv/~ ~
~& ~1J7I/k? /1
*~ ~1}-~ff;~ ro~
f
the basis that it impermissibly favored commer-
cial speech over noncommercial speech.
However, and more important, seven justices
explicitly concluded that the City's interest in its
appearance would justifY a ban on billboards.
The majority agreed that regulation which
favors on-site commercial advertising over off-
site commercial advertising is legitimate, but that
regulation cannot favor on-site commercial over
noncommercial speech.
In other words, an ordinance prohibiting
new billboard construction or banning billboards
altogether can be valid as long as it meets the
other tests described below. Key billboard indus-
try arguments - that tough controls on bill-
boards always violate either First Amendment
speech protections or "equal protection" (by
distinguishing between on- and off-premise
signs) - are clearly false.
Obviously, the distinction between on- and
off-site signs is critical. Other decisions uphold-
ing billboard regulation include Georgia Outdoor
Advertising, Inc. v. Waynesville, 838 F. 2d 43 (4th
Cir. 1986) and National Advertising Co. v. City of
Roleigh, 947 F.2d 1158 (4th Cir. 1991).
Repeated court rulings in favor of tough bill-
board control have not discouraged the billboard
industry, however. Indeed, many good billboard
regulations finally do end up in court because bill-
board operators hope to delay implementation of
tough laws, to wear down battle-weary communi-
ties, and to outlast changing legislative bodies.
When billboard regulations are challenged,
courts will typically ask the following questions,
which are sometimes known as the Central
Hudsrm test, so named for the US Supreme Court
decision, Central Hudson v. Public Service
Crrmmissirm, 447 US 557, 553-556,100 S. Ct.
2343 (1980):
:3
i
II
at
se
lat
~lr
11-
pe
l
h.
,ue
lat
3
urt
)n
1) Is the ordinance content-neutral and
impartially administered?
The first hurdle for an ordinance to pass is
that of content neutrality. Your ordinance may
not favor commercial messages (which on-
premise signs usually arc) over noncommercial or
public service ads (which billboards occasionally,
though infrequently, provide). To pass the con-
tent-neutrality test, it's wise to state in your sign
ordinance that noncommercial messages may be
placed anywhere that commercial messages are
allowed. The Southern Environmental Law
Center recommends the following statement:
"Any sign, display or device allowed under
this chapter may contain, in lieu of any other
copy, any otherwise lawful noncommercial
message that does not direct attention to a
business operated for profit, or to a commodity
or service for sale, and that complies with all
other requirements of this chapter."
Raleigh, NC is known for
its parks and attractive
neighborhoods. It has
taken down over 200
billboards through its
amortization ordinance.
Neighboring Durham
removed more than 75
billboards in 1998,
FIGHTING BILLBOARD BLIGHT 35
;;;-= /
-
14:5'3
.
/ _ i "j !~ '
f'\./ /
J
o
lnteroffice correspondence Sheet
COPIES 10:
COMMISSION
TO~
from:
Cc:
f\e:
Date:
BiU Horne, lnterim Cit'l Manager
Vice Mav'" J. 8. Johnson Cf~
Mav'" 8< commissioners (J
CommunitY Development Board
August 1 . 2000
AUG - 1 2000
PRESS
Cl..ERK' "TTORNEV
~_.._--_._~._-_._._--_._..._-_._._-_._.._----_.._--_..---
AS I mentioned to VOU lest night, it is mv request that the parking on grass question be on
the agenda AUgust 11" in lieu of the proposed September data. The eommunitv
DevelOpment Board meetS August I 5" so there iso't any reeson to ",ait until Septamber. I
",ould also hope commissioner Hooper'S concerns ara addressed during the ",ork session
on August 14th.
JBJ/cb
Cc: RI'ph Stone, P&OS
CVndie Goudeau, CitY Cler\<.
/-~~C-\f
r"'--- \' \
, NJG - \ L\JGG
.""'_"'",,,.,c.
i
P\~O;:"~N1
SUW\Cl S
(,11'( 0\ CC \; "H\N"H\~__..-
TOTRL '