TA01-07-03
TA 01-07-03
Neighborhood
Overlay District
Amendment
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the samo no less
than seven days prior to such hearinq and in the manner as specified in sections
-1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conseNation district or even eliminate a neighborhood
conseNation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho samo no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood ConseNation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho same no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the S3mo no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho same no less
than seven days prior to such hearinq and in the manner as specified in sections
-1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S::lme no less
than seven days prior to such hearinq and in the manner as specified in sections
'1 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1 . The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho same no less
than seven days prior to such hearinq and in the manner as specified in sections
1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S3me no less
than seven days prior to such hearinq and in the manner as specified in sections
4 206(C) 4-206(C)(2)(b). (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
************
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for COB 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho S3mo no less
than seven days prior to such hearinq and in the manner as specified in sections
-1 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
e
e
; Clearwater
u
Interoffice Correspondence Sheet
TO:
BILL HORNE, INTERIM CITY MANAGER
FROM:
CYNDI T ARAP J\NI, ASSIST ANT PLANNING DIRECTOR
RE:
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
DA TE:
MAY 30,2001
During the discussion of initiating the Island Estates Neighborhood Conservation Overlay
District, the City Commission directed the Planning Department to develop a code amendment
regarding the final review of the overlay district provisions. Specifically, the code provision
would require every property owner in a proposed overlay district to vote individually on each
new local zoning regulation. To begin the development of this code provision, I met with City
Clerk Cyndie Goudeau and City Attorney Pam Akin. There are several issues regarding this
proposal that warrant further discussion and direction from the City Commission. I have
outlined the major issues below and request that this issue be scheduled for discussion at the City
Commission work session on Monday, June 4,2001.
1. Binding Vote vs. Straw Vote
Generally, zoning issues are not decided by referendum but rather are a power
reserved to the local government. If the vote by the property owners is considered a
binding vote, it has the effect of delegating zoning powers to a group other than the
City Commission. It may be more advantageous to consider the results of the vote as
the recommendation from the neighborhood to be considered by the City Commission
when deciding on the overlay district.
2. Type and Cost of Election
There are concerns about the type and cost of holding this election due to the fairly
large number of voting property owners who will vote on multiple ballot issues.
Based on the previous Commission direction, we expect that each new zoning
regulation unique to Island Estates would be a separate ballot issue. As a point of
comparison" the proposed Coachman Ridge Overlay District has ten individual
regulations. Due to the variety in the Island Estates neighborhood, it is expected that
this neighborhood would have at least as many zoning regulations as Coachman
Ridge and possibly more provi'sio!1s:
{,(ilD pa~/6 ?
tfltD '1b
(/Yi(Ji~
::-d
I J B?
.
.
3.
Eligibility for voting
Unlike political elections where every adult in a household is eligible to vote,
Planning proposes that voting would be limited to only one vote per household. This
recommendation is based on the fact that the zoning regulations would impact
properties rather than individuals. Further, Planning proposes that a condominium
would be limited to one vote per condominium association. This provision is
intended to reflect the impact of multiple condominium voters in their relative
proportion to the total property owners throughout the neighborhood.
4.
Determination of Results
In a local election, the winner is determined by a plurality of the total votes cast (i.e.,
50% plus one vote). The current direction from the City Commission suggests that
the decision will be based on a specific percentage of total property owners in the
neighborhood. Based on historical voter turnout, it may be difficult to obtain a
percentage of the total property owners on any issue.
As you are aware, the Planning Department is waiting to start organizational meetings
with the Island Estates neighborhood until these issues are resolved. I look forward to this
discussion with the City Commission.
cc: Garry Brumback
Ralph Stone
Pam Akin
Cyndie Goudeau
e
tt -fA O\-o~-o3
ORDINANCE NO. 6835-01
Uo~~
~
1:; rl >l~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-608, NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT, BY REQUIRING
PETITIONS TO BE SUBMITTED TO THE COMMUNITY
DEVELOPMENT COORDINATOR INSTEAD OF THE CITY
CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE
ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY
COMMITTEE; BY ADDING A REQUIREMENT THAT
NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE,
AT THEIR EXPENSE, REGARDING EACH PROPOSED
DEVELOPMENT STANDARD PROPOSED IN THE
NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING
ANY TEXT AMENDMENTS MADE AS A RESULT OF THE
CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION
DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the
neighborhood conservation overlay district and determined that the existing requirements
need to be amended; and
WHEREAS it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
WHEREAS it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, the Clearwater 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 Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
Ordinance No. 6835 -01
CDS Meeting 8-21-01
e
e
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4. When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
2
Ordinance No. 6835-01
CDS Meeting 8-21-01
e
e
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neiQhborhood conservation district shall vote on each
development standard proposed to be included in the neiQhborhood
conservation district. The format of the ballot and method of votinQ shall
be approved by the Community Development Coordinator. The results of
the vote shall be provided to the City Commission to be considered when
reviewinQ the proposed development standards. Any costs associated
with the conduct of such election shall be paid by the neiQhborhood.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. In the event a neiQhborhood wants to amend the development standards
established in a neiQhborhood conservation district or eliminate the
neighborhood conservation district. a petition signed by the owners of
sixty (60) percent of the real property within the neighborhood
conservation district shall be submitted to the Community Development
Coordinator. The purpose of the amendment(s) or reason(s) why a
neighborhood conservation district should be eliminated shall accompany
the petition. Within 30 days after receipt of such petition and explanation.
the city manaQer shall submit a written recommendation to the
commission as to whether the neighborhood conservation district
amendment or elimination process should be commenced. Upon receipt
of the recommendation of the city manaQer. the city commission shall
consider the petition at a public meetinQ and determine whether to
commence the amendment or elimination process. The amendment or
deletion of the overlay district shall follow the same process and notice
requirements as the oriainal adoption.
3
Ordinance No. 6835-01
CDS Meeting 8-21-01
.
e
e
* * * * * * * * * *
Section 2. 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:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
4 Ordinance No. 6835-01
CDS Meeting 8-21-01
",~ -,5-01 ; 12: 36PM; CITy CLERWEPT.
;727 562 4086
e
# l' 15
ORDINANCE NO. 6835-01
-----\
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT
OR ELIMINATING A NEIGHBORHOOD CONSERVATION
DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE
FREELY TRANSFERABLE, BY ELIMINATING THE
PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE
TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements. the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearvvater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
"~'
Ordinance No. 6835 -01
"2- 5-01; 12:36PM;CITy C_ERV DEcT,
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; 727 E.62 4086
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# 12,' 'E
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
:ights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances, A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing iR tho fJGffiO no less
than seven days prior to such hearing and in the manner as specified in sections
4 206(-C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4. Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* w w * * w * * * * * *
D. Designation process.
1.
The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the oity-olerk communitv development coordinator.
2 Ordinance No. 6835-01
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2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4.
When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neighborhood conservation district shall vote on each
development standard proposed to be included in the neighborhood
conservation district. The format of the ballot and method of votinq shall
be al2Proved by the Community Development Coordinator. The results of
the vote shall be p'rovided to the Community Development Board and the
City Commission to be considered when reviewing the orooosed
development standards. Each development standard forwarded for
consideration shall have the support of at least fifty-one (51) percent of
3
Ordinance No. 6835-01
'2- 3-01; 12:36PM;CITY CLERK DEPT.
. ,e
;727 562 4086
e
# 14 15
/,.....,
the votes cast. Any costs associated with the conduct of such election
shall be paid bv the neighborhood.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7.
In the event a neighborhood wants to amend the development standards
established in a neighborhood conservation district or eliminate the
neighborhood conservation district. a oetition signed by the owners of
sixtv (60) percent of the real property within the neighborhood
conservation district shall be submitted to the Community Development
Coordinator. Along with the petitions. the neighborhood shall also submit
the purpose of the amendment(s) and reason(s) whY a neiQhborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation. the cit'l manager shall submit a
written recommendation to the commission as to whether the
neiohborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manaoer. the city commission shall consider the petition at a oublic
meeting and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the original
adoption.
"'*********
Section 3. Article 4, Development Review and Other Procedures, Section 4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
No more th:lf'l 20 percent of tho aDevelopment rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
.J of the receiving site is not exceeded by 20 percent of the development potential of the
4
Ordinance No. 6835-01
'J
.', >,5-81; 12;36PM,;CITY CLER.EPT.
; 727 562 4086
e
# 15 15
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 20, 2001
Approved as to form:
Attest:
.--"
I
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~ ~ .IJ ~",,'r,~ (1.eul.
.J!J Cyn a . Goudeau
o City Clerk
Dougall
Assistant City Attorney
5
Ordinance No. 6835-01
. ,,-- . .-
.._..,. ...n ......_.........__.._ _. .__.. ___.._._...._.."...._._ ....
ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION
DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402, ALLOCATED
DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY
ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS
THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements, the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearwater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
Ordinance No. 6835 -01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the S3mo no less
than seven days prior to such hearinq and in the manner as specified in sections
'I 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4. When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neiqhborhood conservation district shall vote on each
development standard proposed to be included in the neiqhborhood
conservation district. The format of the ballot and method of votinq shall
be approved by the Community Development Coordinator. The results of
the vote shall be provided to the Community Development Board and the
City Commission to be considered when reviewinq the proposed
development standards. Each development standard forwarded for
consideration shall have the support of at least fifty-one (51) percent of
the votes cast. Any costs associated with the conduct of such election
shall be paid bv the neiqhborhood.
3
Ordinance No. 6835-01
.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. In the event a neiqhborhood wants to amend the development standards
established in a nei~hborhood conservation district or eliminate the
neiqhborhood conservation district, a petition siqned by the owners of
sixty (60) percent of the real property within the neiqhborhood
conservation district shall be submitted to the Community Development
Coordinator. Alonq with the petitions. the neiqhborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neiqhborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation. the city manaqer shall submit a
written recommendation to the commission as to whether the
neiqhborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manaqer, the city commission shall consider the petition at a public
meetinq and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the oriqinal
adoption.
* * * * * * * * * *
Section 3. Article 4, Development Review and Other Procedures, Section 4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
No more th3n 20 percent of the dDevelopment rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
of the receiving site is not exceeded by 20 percent of the development potential of the
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
4
Ordinance No. 6835-01
.
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
Section 4. 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:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
5 Ordinance No. 6835-01
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #
Final Agenda Item #
Meeting Date
9-06-01
SUBJECT/RECOMMENDA TION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6835-01 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
In June 2001, the City Commission directed the Planning Department to make recommendations to the
Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review
of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD
requirements:
. Require NCOD petition to be submitted to the Community Development Coordinator instead of the City
Clerk;
. Allow the study committee to include four alternate members;
. Require a vote of the neighborhood on each development standard proposed to be included in the NCOD;
. Require the NCOD code amendments to be considered in accordance with the section of the code
governing text amendments; and
. Specify procedures for making amendments to the NCOD and eliminating the NCOD.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning o Approved
Budget N/A Gina L. Clayton Total o Approved with
Conditions
Purchasing N/A User Department: 0 Denied
Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM N/A 0 Capital Improvement:
Other N/A Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01
by:
Affected Parties
0 Notified
City Manager 0 Not Required 0 None
o Printed on recycled paper
The Planning Department is also recommending the following two amendments:
. Notice Requirements. Revise the notice requirements for continued public hearings by only requiring
letter notice to be given to the applicant and surrounding property owners and not requiring notice to
be provided in the newspaper for the continued public hearing date; and
. Transfer of Development Rights. Revise the transfer of development rights provision that limits the
amount of development rights that can be transferred from the sending site to 20%. This proposal
does not revise the 20% limit on the receiving site and is consistent with the Countywide Rules.
At the August 21, 2001 meeting, the Community Development Board unanimously recommended approval of
the ordinance with one revision to the neighborhood conservation overlay district vote requirement. The
Board recommended that only those development standards receiving 51 % of the vote cast be forwarded to
the Commission for consideration. Staff supports this recommendation and has revised the ordinance
accordingly.
2
CDB Meeting Date: August 21, 2001
Case Number: TAOO-07-03
Agenda Item: D-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6835-01
INITIATED BY:
Planning Department
UPDATE:
The Community Development Board unanimously
recommended approval of the text amendments at the August
21 st meeting with one revision regarding the neighborhood
conservation overlay district. The Board recommended that
the vote requirement in proposed Section 4-608(D)(4) be
revised to only allow those development standards receiving
51 % of the votes cast by the neighborhood to be forwarded to
the Board and City Commission for consideration. The
ordinance has been revised to reflect this recommendation,
however, the staff report has not been changed.
BACKGROUND INFORMATION:
During the discussion of initiating the Island Estates Neighborhood Conservation Overlay
District (NCOD), the City Commission directed the Planning Department to make
amendments to the NCOD regulations regarding the neighborhood's final review of the
zoning provisions proposed in a NCOD. Additionally the Commission discussed the
type and cost of such election, the eligibility for voting and the determination of results.
The Planning Department is initiating this amendment to respond to City Commission
direction on this issue. In addition, the Planning Department recommends addressing two
critical issues: notice requirements for continued public hearings and transfer of
development rights. All of the proposed amendments are considered to be important to
operations and should not be delayed until the annual review of the code.
Planning/Gina Clayton/Ordinance/NCOO,
TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments
08-21-01 COB Meeting
1
ANALYSIS:
Proposed Ordinance No. 6835-01 includes amendments addressing the items listed
above. Below please find a description of each proposed amendment.
1. Notice Requirements for Continuances (Page 2 of proposed ordinance.)
The Planning Department is proposing amendments to the notice requirements for
continued public hearings. In the June 2000 code update, provisions were added to
the public hearing requirements to provide a second notice for any continued public
hearing in the newspaper and to all persons who were originally given notice. Florida
Statutes only require notice to be provided again if the public hearing is not continued
to a date certain. Due to the high cost of placing notices in the local newspaper and
the ineffectiveness of such notice to provide information to affected property owners,
the Planning Department is proposing to eliminate this requirement. The Planning
Department is proposing, however, to continue to provide second notice via letters to
affected property owners that received the original notice.
2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed
ordinance. )
The Planning Department is proposing to revise the neighborhood conservation
overlay district provisions in five areas. The first amendment is a small procedural
change to Section 4-608(D)(1) that would require any NCOD petition to be filed with
the Community Development Coordinator instead of the City Clerk. Staff is
proposing this change because all other land development applications are filed with
the Community Development Coordinator and the Planning Department is
responsible for processing a request for NCOD designation.
The second amendment proposes to revise Code Section 4-608(D)(3) to permit the
study committee to include up to four (4) alternate members. The applications we
have received from Coachman Ridge and Island Estates includes alternate members.
The existing provisions are silent on this issue and staff is proposing to include
provisions that provide for such alternate members who serve a useful purpose in
representing their neighborhood.
The third amendment is being proposed to Section 4-608(D)(4). It adds a
requirement that the owners of property within the proposed NCOD vote on each
development standard proposed to be included in the NCOD. The results of such
vote would be presented to the City Commission when considering whether or not to
approve a NCOD. The vote results will be presented showing the total votes cast, the
votes in favor and the votes opposed. The provision requires that the Community
Development Coordinator approve the format and method of voting and that the costs
of the election be paid by the neighborhood petitioning the Commission for NCOD
designation.
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
2
The fourth amendment is to recognize that a proposed NCOD involves amendments
to the community development code. Section 4-608(D)(6) is being amended to
include a requirement that NCOD code amendments be considered in accordance
with Section 4-601, which governs text amendments.
The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D)
that sets forth the procedures for those neighborhoods wanting to amend the
provisions of an already established NCOD or to eliminate a NCOD. The Code is
currently silent on how to amend or rescind the NCOD. The proposed procedure
would be the same, as that required initiating a NCOD. A petition signed by owners
of sixty percent (60%) of the property within the NCOD would have to be submitted
to the Community Development Coordinator, along with an explanation of the
purpose of the amendments or the reasons for the elimination of the NCOD. Within
30 days after receiving the petition and explanation, the City Manager would give a
recommendation to the City Commission as to whether or not the
amendment/elimination process should begin. The City Commission would consider
the request and the amendment or deletion of the overlay district would follow the
same process and notice requirements as the original adoption required.
3. Transfer of Development Rights (Page 4 of the proposed ordinance.)
The Planning Department is proposing to delete a provision of Code Section 4-1402
that specifies the amount of development rights that can be transferred from one
development site to another. In September 2000 the Countywide Planning Authority
approved an amendment to the Countywide Plan Rules that allows the use of transfer
of development rights within a designated redevelopment area. This provision
specifies that density/intensity may exceed the maximum density/intensity of the
Future Land Use Plan category for the receiving parcel by an amount not to exceed
twenty (20) percent of the otherwise permitted maximum.
Staff is proposing to delete the current Clearwater requirement that limits the amount
of rights that can be transferred from the "sending" site. The code would continue to
limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent.
The proposed amendment is consistent with the Countywide Rules since the
Countywide Rules do not have a limit on the sending site. The existing provision on
the development of the sending site will remain i.e. the CDB will review both sites
(sending and receiving). The Department believes that there may be development
alternatives that are compatible with the area that could be inhibited by the current
sending site rule.
Planning/Gina Clayton/Ordinance/NCOO,
TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments
08-21-01 CDS Meeting
3
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, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning
and engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development."
The provisions further defining and improving the process of the neighborhood
conservation overlay district enhances this innovative planning tool, which was
established to preserve neighborhood character and encourage infill development that
is compatible with the neighborhood.
Eliminating the restriction on the amount of density/intensity that can be transferred
from a site improves an existing innovative planning practice intended to stimulate
the redevelopment of blighted (redevelopment) areas.
. Objective 2.4 - Compact urban development within the urban service area shall
be promoted through application of the Clearwater Development Code.
The NCOD is an innovative planning tool to address redevelopment in existing
established neighborhoods. By making the NCOD process more comprehensive and
providing a mechanism to amend any requirement established through a NCOD
makes this a stronger neighborhood program which promotes compatible
development.
By eliminating the restriction on the amount of density/intensity that can be
transferred from a sending site, the proposed amendment to the transfer of
development rights provision promotes urban development through the Code.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
4
The proposed text amendments revise notice requirements for continued public hearings,
revises the neighborhood conservation overlay district standards found in Article 4, and
the transfer of development rights regulations that limit the amount of density/intensity
that can be transferred from a site. These amendments further the following purposes of
the Community Development Code.
. 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 of life of all residents and property owners of the city;
. Section 1-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources.
. Section 1-103(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 provide for effective notice to the
public for continued public hearings, but at a substantially lower cost; provide residents
within a neighborhood proposing a NCOD a mechanism for direct input into the final
review process; and eliminates unnecessary limitations on transfer of development rights
and provides total consistency with the Countywide Rules.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01
that revises the Community Development Code.
Prepared by: Gina 1. Clayton
A TT ACHMENT:
Proposed Ordinance No. 6835-01
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
5
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
6
Clearwater City Commission
Agenda Cover Memorandum
W orksession Item #
Final Agenda Item #
Meeting Date
9-06-01
SUBJECT/RECOMMENDA TION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6835-01 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
In June 2001, the City Commission directed the Planning Department to make recommendations to the
Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review
of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD
requirements:
. Require NCOD petition to be submitted to the Community Development Coordinator instead of the City
Clerk;
. Allow the study committee to include four alternate members;
. Require a vote of the neighborhood on each development standard proposed to be included in the NCOD;
. Require the NCOD code amendments to be considered in accordance with the section of the code
governing text amendments; and
. Specify procedures for making amendments to the NCOD and eliminating the NCOD.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning ~ o Approved
Budget N/A Gina L. Clayton. Total o Approved with
Conditions
Purchasing N/A User Departme~ o Denied
Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM N/A o Capital Improvement:
Other N/A Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01
by:
Affected Parties
0 Notified
City Manager 0 Not Required o None
o Printed on recycled paper
The Planning Department is also recommending the following two amendments:
. Notice Requirements. Revise the notice requirements for continued public hearings by only requiring
letter notice to be given to the applicant and surrounding property owners and not requiring notice to
be provided in the newspaper for the continued public hearing date; and
. Transfer of Development Rights. Eliminate the requirement that specifies the amount of development
rights that can be transferred from one development site to another.
The Community Development Board will review the proposed amendments at its regularly scheduled meeting
on August 21, 2001 and make a recommendation to the Commission. The Planning Department will report
the recommendation at the City Commission meeting.
2
CDB Meeting Date: August 21, 2001
Case Number: TAOO-07-03
Agenda Item: D-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6835-01
INITIATED BY:
Planning Department
BACKGROUND INFORMATION:
During the discussion of initiating the Island Estates Neighborhood Conservation Overlay
District (NCOD), the City Commission directed the Planning Department to make
amendments to the NCOD regulations regarding the neighborhood's final review of the
zoning provisions proposed in a NCOD. Additionally the Commission discussed the
type and cost of such election, the eligibility for voting and the determination of results.
The Planning Department is initiating this amendment to respond to City Commission
direction on this issue. In addition, the Planning Department recommends addressing two
critical issues: notice requirements for continued public hearings and transfer of
development rights. All of the proposed amendments are considered to be important to
operations and should not be delayed until the annual review of the code.
ANALYSIS:
Proposed Ordinance No. 6835-01 includes amendments addressing the items listed
above. Below please find a description of each proposed amendment.
1. Notice Requirements for Continuances (Page 2 of proposed ordinance.)
The Planning Department is proposing amendments to the notice requirements for
continued public hearings. In the June 2000 code update, provisions were added to
the public hearing requirements to provide a second notice for any continued public
hearing in the newspaper and to all persons who were originally given notice. Florida
Statutes only require notice to be provided again if the public hearing is not continued
to a date certain. Due to the high cost of placing notices in the local newspaper and
Planning/Gina Clayton/Ordinance/NCOD,
TOR, and NOTICE Amendments/Staff Report -NCOD Amendments
08-21-01 COB Meeting
1
the ineffectiveness of such notice to provide information to affected property owners,
the Planning Department is proposing to eliminate this requirement. The Planning
Department is proposing, however, to continue to provide second notice via letters to
affected property owners that received the original notice.
2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed
ordinance. )
The Planning Department is proposing to revise the neighborhood conservation
overlay district provisions in five areas. The first amendment is a small procedural
change to Section 4-608(D)(1) that would require any NCOD petition to be filed with
the Community Development Coordinator instead of the City Clerk. Staff is
proposing this change because all other land development applications are filed with
the Community Development Coordinator and the Planning Department is
responsible for processing a request for NCOD designation.
The second amendment proposes to revise Code Section 4-608(D)(3) to permit the
study committee to include up to four (4) alternate members. The applications we
have received from Coachman Ridge and Island Estates includes alternate members.
The existing provisions are silent on this issue and staff is proposing to include
provisions that provide for such alternate members who serve a useful purpose in
representing their neighborhood.
The third amendment is being proposed to Section 4-608(D)(4). It adds a
requirement that the owners of property within the proposed NCOD vote on each
development standard proposed to be included in the NCOD. The results of such
vote would be presented to the City Commission when considering whether or not to
approve a NCOD. The vote results will be presented showing the total votes cast, the
votes in favor and the votes opposed. The provision requires that the Community
Development Coordinator approve the format and method of voting and that the costs
of the election be paid by the neighborhood petitioning the Commission for NCOD
designation.
The fourth amendment is to recognize that a proposed NCOD involves amendments
to the community development code. Section 4-608(D)(6) is being amended to
include a requirement that NCOD code amendments be considered in accordance
with Section 4-601, which governs text amendments.
The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D)
that sets forth the procedures for those neighborhoods wanting to amend the
provisions of an already established NCOD or to eliminate a NCOD. The Code is
currently silent on how to amend or rescind the NCOD. The proposed procedure
would be the same, as that required initiating a NCOD. A petition signed by owners
of sixty percent (60%) of the property within the NCOD would have to be submitted
to the Community Development Coordinator, along with an explanation of the
Planning/Gina Clayton/Ordinance/NCOO,
TOR, and NOTICE Amendments/Staff Report -NCOO Amendments
08-21-01 COB Meeting
2
purpose of the amendments or the reasons for the elimination of the NCOD. Within
30 days after receiving the petition and explanation, the City Manager would give a
recommendation to the City Commission as to whether or not the
amendment/elimination process should begin. The City Commission would consider
the request and the amendment or deletion of the overlay district would follow the
same process and notice requirements as the original adoption required.
3. Transfer of Development Rights (Page 4 of the proposed ordinance.)
The Planning Department is proposing to delete a provision of Code Section 4-1402
that specifies the amount of development rights that can be transferred from one
development site to another. In September 2000 the Countywide Planning Authority
approved an amendment to the Countywide Plan Rules that allows the use of transfer
of development rights within a designated redevelopment area. This provision
specifies that density/intensity may exceed the maximum density/intensity of the
Future Land Use Plan category for the receiving parcel by an amount not to exceed
twenty (20) percent of the otherwise permitted maximum.
Staff is proposing to delete the current Clearwater requirement that limits the amount
of rights that can be transferred from the "sending" site. The code would continue to
limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent.
The proposed amendment is consistent with the Countywide Rules since the
Countywide Rules do not have a limit on the sending site. The existing provision on
the development of the sending site will remain i.e. the CDB will review both sites
(sending and receiving). The Department believes that there may be development
alternatives that are compatible with the area that could be inhibited by the current
sending site rule.
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, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning
and engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development."
Planning/Gina ClaytonlOrdinancelNCOD,
TOR, and NOTICE Amendments/Staff Report -NCOD Amendments
08-21-01 COB Meeting
3
The provIsIOns further defining and improving the process of the neighborhood
conservation overlay district enhances this innovative planning tool, which was
established to preserve neighborhood character and encourage infill development that
is compatible with the neighborhood.
Eliminating the restriction on the amount of density/intensity that can be transferred
from a site improves an existing innovative planning practice intended to stimulate
the redevelopment of blighted (redevelopment) areas.
. Objective 2.4 - Compact urban development within the urban service area shall
be promoted through application of the Clearwater Development Code.
The NCOD is an innovative planning tool to address redevelopment in eXIstmg
established neighborhoods. By making the NCOD process more comprehensive and
providing a mechanism to amend any requirement established through a NCOD
makes this a stronger neighborhood program which promotes compatible
development.
By eliminating the restriction on the amount of density/intensity that can be
transferred from a sending site, the proposed amendment to the transfer of
development rights provision promotes urban development through the Code.
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 notice requirements for continued public hearings,
revises the neighborhood conservation overlay district standards found in Article 4, and
the transfer of development rights regulations that limit the amount of density/intensity
that can be transferred from a site. These amendments further the following purposes of
the Community Development Code.
. 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 of life of all residents and property owners of the city;
. Section 1-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources.
Planning/Gina ClaytonlOrdinancelNCOO,
TOR, and NOTICE Amendments/Staff Report -NCOO Amendments
08-21-01 CDS Meeting
4
. Section 1-103(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 ofland 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 provide for effective notice to the
public for continued public hearings, but at a substantially lower cost; provide residents
within a neighborhood proposing a NCOD a mechanism for direct input into the final
review process; and eliminates unnecessary limitations on transfer of development rights
and provides total consistency with the Countywide Rules.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01
that revises the Community Development Code.
Prepared by: GinaL. Clayto~
ATTACHMENT:
Proposed Ordinance No. 6835-01
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Staff Report -NCOO Amendments
08-21-01 COB Meeting
5
. .
ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION
DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402, ALLOCATED
DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY
ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS
THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements, the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearwater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
Ordinance No. 6835 -01
CDS Meeting 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in the same
manner as specified in sections 4 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clerk community development coordinator.
2
Ordinance No. 6835-01
CDS Meeting 8-21-01
2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4. When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neiqhborhood conservation district shall vote on each
development standard proposed to be included in the neiqhborhood
conservation district. The format of the ballot and method of votinq shall
be approved by the Community Development Coordinator. The results of
the vote shall be provided to the City Commission to be considered when
reviewinq the proposed development standards. Any costs associated
with the conduct of such election shall be paid by the neiqhborhood.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
3
Ordinance No. 6835-01
CDS Meeting 8-21-01
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. In the event a neiqhborhood wants to amend the development standards
established in a neiqhborhood conservation district or eliminate the
neiqhborhood conservation district, a petition siqned by the owners of
sixty (60) percent of the real property within the neiqhborhood
conservation district shall be submitted to the Community Development
Coordinator. Alonq with the petitions, the neiqhborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neiqhborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation, the city manaqer shall submit a
written recommendation to the commission as to whether the
neiqhborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manaqer, the city commission shall consider the petition at a public
meetinq and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the oriqinal
adoption.
* * * * * * * * * *
Section 3. Article 4, Development Review and Other Procedures, Section 4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
No more than 20 percent of the dDevelopment rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
of the receiving site is not exceeded by 20 percent of the development potential of the
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
4
Ordinance No. 6835-01
CDS Meeting 8-21-01
, .
Section 4. 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:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
5 Ordinance No. 6835-01
CDS Meeting 8-21-01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho same no less
than seven days prior to such hearinq and in the manner as specified in sections
~) '? t1 206(C) 4-206(C)(2)(b), (c) and (d).
~ Section 2. Article 4, Development Review and Other Procedures, Section 4-
, 608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the city clark community development coordinator.
2
Ordinance No. 6835-01
Revised for CDS 8-21-01
1-
. The last amendment to the NCOD section of the code dictates procedures for a neighborhood to
follow when making amendments to an established NCOD or eliminating a NCOD. These
procedures require a petition to be signed by owners of 60% of the property within the NCOD. It
also requires that the neighborhood submit information regarding ~ PWy.~fi.ml!lOI6
..-d the reasons why a NCOD should be revised or eliminated. The 60% ( was chosen
because it is the same percentage required to initiate the NCOD planning process.
The final amendment proposed in this ordinance amends the transfer of development rights
provisioni found in Section4-1402. The Planning Department is proposing to eliminate the
requirement that limits the amount91.r~tU~-WClc~~~JlLfmsferred from the sending site. The current
requirement restricts that amount ~O%: "The Coae would continue, however, to limit the transfer
so that the receiving site is not exceeded by 20 percent of the permitted density. This proposed
amendment would be consistent with the Countywide Rules and allows more flexibility than the
current sending site rules. ~ ~
Uk 0 TD~
CDB Presentation
The Planning Department is recommending amendments to three different sections of the
Community Development Code.
The first amendment revises the notice requirements for continued public hearings found in Section
4-206(E). Currently, the code requires that notice be given in writing to the applicant, surrounding
property owners, and affected neighborhood associations and placed in the newspaper. The Planning
Department is proposing to revise this requirement to only require notice to be given by letter to the
applicant, surrounding property owners and affected neighborhood associations. The revision, is
being proposed because legal ads are not vef)Y.effective in informing the public and are very costly.
..
The next amendments revise the neighborhood conservation overlay district provisions in Section 4-
608.
. The first amendment is a minor procedural change. It requires a neighborhood to submit a NCOD
petition to the Community Development Coordinator instead of the City Clerk.
. The second amendment allows the NCOD study committee to include four alternate members.
Both Island Estates and Coachman Ridge have included alternate members on their committee
and we wanted to recognize this in the code because it enables broader neighborhood
participation.
. The third amendment requires the neighborhood to take a vote on each development standard
proposed to be included in the NCOD. The format of the ballot and the method of voting would
have to be approved by the Community Development Coordinator and any costs associated with
conducting the vote would have to be paid by the neighborhood. The results of this vote would be
presented to the City Commission for its consideration when making a decision of the NCOD
provisions. The Commission would be advised as to the total votes cast and the number of votes
in favor of the provisions and the number in opposition.
. The fourth amendment recognizes that a proposed NC@p involves amendments to the
Community Development Code. This proposed provisiowrqmre'S,. that the proposed development
standards be reviewed for consistency with the code governing text amendments.
--
.
NOTICE OF TEXT AMENDMENT
The City of Clearwater, Florida, proposed to adopt the following ordinance:
ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS
TO BE SUBMITIED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY
CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITIEE; BY ADDING A REQUIREMENT THAT
NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH
PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION
DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A
NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS
OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND
OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY
TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE
TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE.
~
PUBLIC HEARINGS ON THIS MATTER:
Tuesday, August 21, 2001 before the Community Development Board, at 2:00 p.m.
. Thursday, September 20, 2001 before the City Commission (1st Reading), at 6:00 p.m.
Thursday, October 4,2001 before the City Commission (2nd Reading), at 6:00 p.m.
All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd
floor, 112 South Osceola Avenue, Clearwater, Florida.
Additional information is available in the Planning 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 making 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 Director
or the City Clerk prior to or during the public hearing.
A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND
ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN TillS MEETING SHOULD CALL THE CITY CLERK DEPT
WITH THEIR REQUEST AT (727) 562-4090.
City of Clearwater
P.O. Box 4748
Clearwater, F133758-4748
Ad: 08/04/01 & 09/15/01
Cynthia E. Goudeau, CMC
City Clerk
Ruscher, Amy
From:
Sent:
To:
Subject:
Clayton, Gina
Friday, August 24, 2001 3: 13 PM
Ruscher, Amy
Ord.6835-01
Could you print out all of the stuff I sent you on changes to the NCOD/TDr and notice ordinance and put in the file?
Thanks!
Gina 1. Clayton
Long Range Planning Manager
City of Clearwater
gcla yton@clearwater-fl.eam
(727) 562-4587
w~
, --fI \ .. ,~. ~D n ;
~. .~~~ ~ <5
1
Clearwater City Commission
Agenda Cover Memorandum
W orksession Item #
Final Agenda Item #
FILUm
Meeting Date
9-06-01
SUBJECT/RECOMMENDA TION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6835-01 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
In June 2001, the City Commission directed the Planning Department to make recommendations to the
Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review
of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD
requirements:
. Require NCOD petition to be submitted to the Community Development Coordinator instead of the City
Clerk;
. Allow the study committee to include four alternate members;
. Require a vote of the neighborhood on each development standard proposed to be included in the NCOD;
. Require the NCOD code amendments to be considered in accordance with the section of the code
governing text amendments; and
. Specify procedures for making amendments to the NCOD and eliminating the NCOD.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning 0 Approved
Budget NJA Gina L. Clayton Total 0 Approved with
Conditions
Purchasing NJA User Department: 0 Denied
Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM N/A 0 Capital Improvement:
Other N/A Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01
by:
Affected Parties
0 Notified
City Manager 0 Not Required 0 None
-0 Printed on recycled paper
'103 3~J~ ,."
The Planning Department is also recommending the following two amendments:
. Notice Requirements. Revise the notice requirements for continued public hearings by only requiring
letter notice to be given to the applicant and surrounding property owners and not requiring notice to
be provided in the newspaper for the continued public hearing date; and
. Transfer of Development Rights. Eliminate the requirement that specifies the amount of development
rights that can be transferred from one development site to another.
At the August 21,2001 meeting, the Community Development Board unanimously recommended approval of
the ordinance with one revision to the neighborhood conservation overlay district vote requirement. The
Board recommended that only those development standards receiving 51 % of the vote cast be forwarded to
the Commission for consideration. Staff supports this recommendation and has revised the ordinance
accordingly.
2
CDB Meeting Date: August 21, 2001
Case Number: TAOO-07-03
Agenda Item: D-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6835-01
INITIATED BY:
Planning Department
UPDATE:
The Community Development Board unanimously
recommended approval of the text amendments at the August
21 st meeting with one revision regarding the neighborhood
conservation overlay district. The Board recommended that
the vote requirement in proposed Section 4-608(D)(4) be
revised to only allow those development standards receiving
51 % of the votes cast by the neighborhood to be forwarded to
the Board and City Commission for consideration. The
ordinance has been revised to reflect this recommendation,
however, the staff report has not been changed.
BACKGROUND INFORMATION:
During the discussion of initiating the Island Estates Neighborhood Conservation Overlay
District (NCOD), the City Commission directed the Planning Department to make
amendments to the NCOD regulations regarding the neighborhood's final review of the
zoning provisions proposed in a NCOD. Additionally the Commission discussed the
type and cost of such election, the eligibility for voting and the determination of results.
The Planning Department is initiating this amendment to respond to City Commission
direction on this issue. In addition, the Planning Department recommends addressing two
critical issues: notice requirements for continued public hearings and transfer of
development rights. All of the proposed amendments are considered to be important to
operations and should not be delayed until the annual review of the code.
Planning/Gina ClaytonlOrdinance/NCOD,
TDR, and NOTICE AmendmentslRevised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
1
ANALYSIS:
Proposed Ordinance No. 6835-01 includes amendments addressing the items listed
above. Below please find a description of each proposed amendment.
1. Notice Requirements for Continuances (Page 2 of proposed ordinance.)
The Planning Department is proposing amendments to the notice requirements for
continued public hearings. In the June 2000 code update, provisions were added to
the public hearing requirements to provide a second notice for any continued public
hearing in the newspaper and to all persons who were originally given notice. Florida
Statutes only require notice to be provided again if the public hearing is not continued
to a date certain. Due to the high cost of placing notices in the local newspaper and
the ineffectiveness of such notice to provide information to affected property owners,
the Planning Department is proposing to eliminate this requirement. The Planning
Department is proposing, however, to continue to provide second notice via letters to
affected property owners that received the original notice.
2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed
ordinance.)
The Planning Department is proposing to revise the neighborhood conservation
overlay district provisions in five areas. The first amendment is a small procedural
change to Section 4-608(D)(1) that would require any NCOD petition to be filed with
the Community Development Coordinator instead of the City Clerk. Staff is
proposing this change because all other land development applications are filed with
the Community Development Coordinator and the Planning Department is
responsible for processing a request for NCOD designation.
The second amendment proposes to revise Code Section 4-608(D)(3) to permit the
study committee to include up to four (4) alternate members. The applications we
have received from Coachman Ridge and Island Estates includes alternate members.
The existing provisions are silent on this issue and staff is proposing to include
provisions that provide for such alternate members who serve a useful purpose in
representing their neighborhood.
The third amendment is being proposed to Section 4-608(D)(4). It adds a
requirement that the owners of property within the proposed NCOD vote on each
development standard proposed to be included in the NCOD. The results of such
vote would be presented to the City Commission when considering whether or not to
approve a NCOD. The vote results will be presented showing the total votes cast, the
votes in favor and the votes opposed. The provision requires that the Community
Development Coordinator approve the format and method of voting and that the costs
of the election be paid by the neighborhood petitioning the Commission for NCOD
designation.
Planning/Gina ClaytonlOrdinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
2
The fourth amendment is to recognize that a proposed NCOD involves amendments
to the community development code. Section 4-608(D)(6) is being amended to
include a requirement that NCOD code amendments be considered in accordance
with Section 4-601, which governs text amendments.
The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D)
that sets forth the procedures for those neighborhoods wanting to amend the
provisions of an already established NCOD or to eliminate a NCOD. The Code is
currently silent on how to amend or rescind the NCOD. The proposed procedure
would be the same, as that required initiating a NCOD. A petition signed by owners
of sixty percent (60%) of the property within the NCOD would have to be submitted
to the Community Development Coordinator, along with an explanation of the
purpose of the amendments or the reasons for the elimination of the NCOD. Within
30 days after receiving the petition and explanation, the City Manager would give a
recommendation to the City Commission as to whether or not the
amendment/elimination process should begin. The City Commission would consider
the request and the amendment or deletion of the overlay district would follow the
same process and notice requirements as the original adoption required.
3. Transfer of Development Rights (Page 4 of the proposed ordinance.)
The Planning Department is proposing to delete a provision of Code Section 4-1402
that specifies the amount of development rights that can be transferred from one
development site to another. In September 2000 the Countywide Planning Authority
approved an amendment to the Countywide Plan Rules that allows the use of transfer
of development rights within a designated redevelopment area. This provision
specifies that density/intensity may exceed the maximum density/intensity of the
Future Land Use Plan category for the receiving parcel by an amount not to exceed
twenty (20) percent of the otherwise permitted maximum.
Staff is proposing to delete the current Clearwater requirement that limits the amount
of rights that can be transferred from the "sending" site. The code would continue to
limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent.
The proposed amendment is consistent with the Countywide Rules since the
Countywide Rules do not have a limit on the sending site. The existing provision on
the development of the sending site will remain i.e. the CDB will review both sites
(sending and receiving). The Department believes that there may be development
alternatives that are compatible with the area that could be inhibited by the current
sending site rule.
Planning/Gina ClaytonlOrdinance/NCOD,
TDR, and NOTICE AmendmentsIRevised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
3
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, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning
and engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and
encourage infill development."
The provisions further defining and improving the process of the neighborhood
conservation overlay district enhances this innovative planning tool, which was
established to preserve neighborhood character and encourage infill development that
is compatible with the neighborhood.
Eliminating the restriction on the amount of density/intensity that can be transferred
from a site improves an existing innovative planning practice intended to stimulate
the redevelopment of blighted (redevelopment) areas.
. Objective 2.4 - Compact urban development within the urban service area shall
be promoted through application of the Clearwater Development Code.
The NCOD is an innovative planning tool to address redevelopment in eXIstmg
established neighborhoods. By making the NCOD process more comprehensive and
providing a mechanism to amend any requirement established through a NCOD
makes this a stronger neighborhood program which promotes compatible
development.
By eliminating the restnctlOn on the amount of density/intensity that can be
transferred from a sending site, the proposed amendment to the transfer of
development rights provision promotes urban development through the Code.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
Planning/Gina ClaytonlOrdinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
4
The proposed text amendments revise notice requirements for continued public hearings,
revises the neighborhood conservation overlay district standards found in Article 4, and
the transfer of development rights regulations that limit the amount of density/intensity
that can be transferred from a site. These amendments further the following purposes of
the Community Development Code.
. 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 of life of all residents and property owners of the city;
. Section 1-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources.
. Section 1-103(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 provide for effective notice to the
public for continued public hearings, but at a substantially lower cost; provide residents
within a neighborhood proposing a NCOD a mechanism for direct input into the final
review process; and eliminates unnecessary limitations on transfer of development rights
and provides total consistency with the Countywide Rules.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01
that revises the Community Development Code.
Prepared by: Gina L. Clayton
ATfACHMENT:
Proposed Ordinance No. 6835-01
Planning/Gina Clayton/Ordinance/NCOD,
TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments
08-21-01 CDB Meeting
5
Planning/Gina ClaytonlOrdinance/NCOO,
TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments
08-21-01 COB Meeting
6
ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION
DISTRICT OR ELIMINATING A NEIGHBORHOOD
CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402, ALLOCATED
DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY
ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS
THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements, the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearwater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
Ordinance No. 6835 -01
WHEREAS, it is necessary to have a procedure for amending the development
standards of a neighborhood conservation district or even eliminate a neighborhood
conservation district; and
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater 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 Clearwater 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 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in tho samo no less
than seven days prior to such hearinq and in the manner as specified in sections
4 206(C) 4-206(C)(2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
* * * * * * * * * * * *
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be filed with the oity clark community development coordinator.
2
Ordinance No. 6835-01
2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4. When a neighborhood conservation study committee is appointed, the city
manager shall initiate a gO-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neiqhborhood conservation district shall vote on each
development standard proposed to be included in the neiqhborhood
conservation district. The format of the ballot and method of votinq shall
be approved by the Community Development Coordinator. The results of
the vote shall be provided to the Community Development Board and the
City Commission to be considered when reviewinq the proposed
development standards. Each development standard forwarded for
consideration shall have the support of at least fifty-one (51) percent of
the votes cast. Any costs associated with the conduct of such election
shall be paid by the neiqhborhood.
3
Ordinance No. 6835-01
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. I n the event a neiqhborhood wants to amend the development standards
established in a neiqhborhood conservation district or eliminate the
neiqhborhood conservation district. a petition siqned bY the owners of
sixty (60) percent of the real property within the neiQhborhood
conservation district shall be submitted to the Community Development
Coordinator. Alonq with the petitions. the neiQhborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neiQhborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation. the city manaqer shall submit a
written recommendation to the commission as to whether the
neiqhborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manaQer, the city commission shall consider the petition at a public
meetinQ and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the oriqinal
adoption.
* * * * * * * * * *
Section 3. Article 4, Development Review and Other Procedures, Section 4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
No mora than 20 percont of tho dDevelopment rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
of the receiving site is not exceeded by 20 percent of the development potential of the
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
4
Ordinance No. 6835-01
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
Section 4. 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:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
5 Ordinance No. 6835-01
.., .,..
ACTION AGENDA
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
August 21, 2001
Meeting called to order at 2:00 p.m. at City Hall
ITEM A- APPROVAL OF MINUTES - 07/17/01
ACTION -APPROVED AS SUBMITTED - 6:0
ITEM B - CONSENT AGENDA - APPROVED AS SUBMITTED LESS ITEM #B3 - 6:0
Item #B1 - 3011 VirQinia Avenue: Taylor G. Bingham III - Owner/ Applicant. Request
annexation of 0.11 acre to the City with a Land Use Plan amendment to RU, Residential
Urban, and rezoning to LMDR, Low Medium Density Residential District at BayView City,
Subdivision, Block 1, North 47 feet of Lots 5 and 6.
ANX 01-06-12 (Recommended Approval)
Item #B2 - 2652 McMullen-Booth Road: Countryside Joint Venture/City National Bank
of Florida. Trustee - Owner/ Applicant. Request flexible development approval to permit
a 6-foot high fence with gate in the required front setback along McMullen-Booth Road at
The Vinings at Countryside, Lot 1, with one condition. FL 01-05-22
Item #B3 - 304-308 North Osceola Avenue: Malcolm & Beverley Croft / Bennett &
Harriett Weber (Osceola Bay Development. LLC) - Owner/ Applicant. FL 01-05-22
SEE ITEM #01
ITEM C - REQUESTS FOR CONTINUANCE/RECONSIDERED ITEMS - None.
ITEM 0 - LEVEL THREE APPLICATIONS
Item #D1 - 304-308 North Osceola Avenue: Malcolm & Beverley Croft / Bennett &
Harriett Weber (Osceola Bay Development. LLC) - Owner/ Applicant. Request flexible
development approval to increase the height of an attached dwelling development from
50 feet to 150 feet, as part of a Comprehensive Infill Redevelopment Project at Sec. 09-
29-15, M&B 43.06, and Clovis C. Lutz, Lots A & B. FL 01-05-22
ACTION - RECOMMENDED APPROVAL - 4:2 (PLlSKOIMORAN) - with conditions:
1) final design of building to be consistent with conceptual elevations submitted; 2)
density of site to be limited to 25 dwellings units; 3) Stormwater Management
requirements to be met, prior to issuance of building permits; 4) a new fire hydrant
assembly/new Fire Department connections to be installed on exterior (street side) of
proposed six-foot wall, prior to issuance of a Certificate of Occupancy; and 5) all signage
to comply with Code.
Item #D2 - Amendments to Community Development Code: City of Clearwater -
Applicant. Request recommendation for approval of amendments to the Code: 1)
amend notice requirements for continuances; 2) add provisions requiring neighborhoods
to conduct a vote on each development standard proposed as part of a NCOD
(Neighborhood Conservation Overlay District); 3) add provisions specifying procedures
acd0801
1
08/21/01
,..,.
to amend or eliminate NCOD requirements; and 4) eliminate percentage of development
rights that may be transferred from a site. TA 01-07-03
ACTION - RECOMMENDED APPROVAL - 6:0
ITEM E - LEVEL TWO APPLICATIONS
Item #E1 - 217 Dolphin Point: Houle Industries. Inc. - Owner/Applicant. Request
flexible development approval: 1) reduce minimum lot width from 150 feet to 125 feet; 2)
reduce north front setback along Dolphin Point from 25 feet to 4 feet; 3) reduce south
rear setback from 15 feet to 0 feet; and 4) increase the height from 30 feet to 50 feet, as
part of a Residentiallnfill Project at Island Estates of Clearwater, Unit 5-A, Lots 10-11.
FL 01-06-23
ACTION - APPROVED WITH AMENDED HEIGHT INCREASE - 5:0 - with conditions:
1) final design of buildings to be consistent with conceptual elevations submitted; 2)
density to be limited to nine dwellings units and building height to be limited to 44.5 feet;
3) Solid Waste & Stormwater Management requirements to be met, prior to issuance of
building permits; 4) setback reduction for hot tub along seawall to be secured through
application to the Board of Adjustment and Appeal for Building and Flood, prior to
issuance of building permits; and 5) all signage to comply with Code.
ITEM F - DIRECTORS ITEMS
Addition to expert witness list - Richard Kephart. Senior Planner
ACTION -APPROVED - 6:0
Agenda - September 14. 2001 Work Shop at Municipal Services Buildina
ACTION -REVIEWED
ITEM G - ADJOURNMENT - 5:21 p.m.
acd0801
2
08/21/01
...
e ·
PINELLAS PLANNING COUNCIL
y
~
Mr. William Home, City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
SJ:" COUNCIL MEMBERS
,p '.)
0(; $ Mayor Tom De Cesare, Chm.
vJrfIrl!Jayor Nadine S. Nickeson, Vice Chm.
~(66uncilmember Chuck Williams, Treas.
Commissioner Janet Henderson, Sec.
Mayor Frank DiDonato, D.C.
Mayor Robert DiNicola
Councilmember Bill Foster
School Board Member Max R. Gessner
Commissioner Calvin D. Harris
Commissioner Ed Hart
Mayor Robert Jackson
Mayor William B. Smith
Council member David Tilki
September 20, 2001
David P. Healey. AICP
Executive Director
--;;;;:;/1
D~/ne,
I have reviewed the City's proposed Ordinance No. 6835-01, a copy of which was provided
to me at our meeting on Monday, September 17,2001.
The subject ordinance contains three main provisions identified and reviewed for consistency
with the Countywide Plan Rules as follows:
1. The proposed amendment to Article 4, Development Review and Other
Procedures, Section 4-206(E) relating to notices and public hearings is strictly a
local matter not governed by the consistency criteria of the Countywide Rules, and
therefore there is no issue with respect to the consistency of this provision.
2. The proposed amendment to Section 4-608 relating to the Neighborhood
Conservation Overlay District is a supplemental local regulatory tool that does not
conflict with the consistency criteria of the Countywide Rules, and therefore there
is no issue with respect to the consistency of this provision.
3. The proposed amendment to Article 4, Development Review and Other Procedures,
Section 4-1402, relating to transferable development rights is subject to the
consistency criteria of the Countywide Rules, and, as to the amendment itself, is
con~istent with the Rules.
This change to your transfer of development rights provision merely deletes the
current limitation in the City Code that provided for a maximum of 20 percent of the
development rights to be transferred from a sending parcel. There is not, and has never
been, such a corresponding limitation in the Countywide Rules. This was a limitation
the City imposed on itself and it may be removed without affecting consistency with
the Countywide Rules.
600 CLEVELAND STREET, SUITE 850 . CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 · FAX (727) 464-8212
www.co.pinellas.f1.us/ppc
.
e
--
'...
While the amendment under consideration is not an issue, there remains a significant potential
for inconsistent interpretation as between the existing transfer of development provisions set
forth in Division 14 of the City Code and Section 4.2.7.2 of the Countywide Rules.
Specifically, Section 14, Transfer o.f Develo.pment Rights in the City Code do.es no.t limit
either the transfer fro.m an existing developed site, o.r the permitted 20 percent increase to. the
receiving site, to. a designated redevelopment area pursuant to. an approved redevelo.pment
plan.
Please co.nsider haw we gat to this paint:
· The inconsistency no.ted above was identified in our correspondence with the City
dated February 3, 2000 with respect to the Cheezem project and April 20, 2000 at
the time we reviewed Ordinance No.. 6526-00. As referenced in the February 3 and
April 20, 2000 co.rrespondence, we identified the inconsistency and a~~ to. work
with the City to. reso.lve this issue.
· As a result, and with the concurrence of the City, the Countywide Rilles were
amended in September, 2000 to specifically allow far the 20 percent increase in
density and to transfer density from an existing developed site - provided such
transfers occurred within a designated redevelo.pment area under the auspices o.f a
redevelopment plan approved by both the City and the Countywide Planning
Authority.
· Further, the Agreement Between City o.f Clearwater. Flo.rida and Pinellas Co.unty
Co.untywide Planning Authority dealing with the Cheezem project dated February
23, 2001 asserted that the City's transfer o.f development rights were still not
consistent with the Co.untywide Rules and stipulated that they wo.uld be made
co.nsistent.
· The City has not made the co.rresponding amendment to. track with the amended
Co.untywide Rules and the change proposed in Ordinance No.. 6835-01 no.w under
co.nsideratio.n does no.thing to. address this remaining inco.nsistency.
May I alSo. suggest two points of clarificatio.n we discussed at our meeting an Mo.nday that
appear to. be understood by o.ur respective staffs, but wo.uld be well to. include in the City
Code provisions dealing with transfer of develo.pment rights to. avoid any future
misinterpretatio.n. The two. suggestio.ns are as fallows:
1. Specify that the 20 percent increase in density allo.wed far a "receiving" site is
based an and applied to. the maximum permitted density/intensity o.f the plan
catego.ry in which the site is located. In other wards, the 20 percent canno.t be
applied to. a site that is no.w nonconfo.rming as to. density/intensity so. as to. ever
exceed permitted density/intensity by mare than 20 percent;, and
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2. Specify that the allocation of any transfer of density/intensity shall be in proportion
to the one or more uses involved, such that no "sending" parcel would be rendered
nonconforming as to density/intensity and that any transfer involving the
combination of more than one use will be calculated on the basis of the area
required and density/intensity permitted in proportion to each such use. In other
words, the same property will not be double-counted on the basis of distinct uses
and will be allocated in proportion to the respective uses involved.
In summary, there is no objection to, or consistency issue with, the adoption of Ordinance No.
6835-01 in relationship to the Countywide Rules. There will remain however, an important
potential inconsistency between the City's transfer of development rights provisions as
contained in Section 14 of the City Code and the Countywide Rules that I would respectfully
urge the City to address at the earliest possible date.
I am available to work with your staff and the City Commission to address the issues and
suggestions identified above.
Thank you for the opportunity to comment on behalf of the Planning Council and for your
consideration of our input.
Sincerely,
;t::~~
Executive Director
Cc: Commissioner Ed Hart, Pinellas Planning Council Representative
. Ms. Cyndi Tarapani, Planning Director