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TA00-12-06 TA 00-12-06 Text Amendment . e NOTICE OF TEXT AMENDMENT The City proposes to adopt the text amendment described in greater detail below. ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-104 LOW DENSITY RESIDENTIAL FLEXIBLE DEVELOPMENT BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN AL TERNA TE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD AND PROVIDING A PROCESS WHEREBY THE ALTERNATE IS DESIGNATED TO FILL ANY VACANCY; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING ON THIS MATTER: City Commission Meeting Thursday, March 22, 2001 (at 6:00 p.m. or as soon thereafter as the matter can be heard) CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S. 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. City of Clearwater P.O. Box 4748 Clearwater, F133758-4748 Cynthia E. Goudeau, CMC City Clerk 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 THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 03110/01 e e of parking spaces from 20 to 18, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-of-way on S. FL 00-08-33 ACTION - CONTINUED - SEE "A" Item #B3 - (Cont'd from 01/23/01) - 222 Palm Island SW: Karl N. & Ginny M. Juhl/Mark Maconi Homes of Tampa Bay, Inc. - Owner/Applicant. Request flexible development approval to reduce required north rear setback from 25 feet to 14 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 6-A, Lot 14. FL 00-11-59 ACTION - APPROVED - 7:0, subject to the condition that a buffer be provided along the east and west property lines (honoring the required view triangles) capable of reaching and being maintained at a height of at least six-feet. Item #B4 - (Cont'd from 01/23/01) - 731 Bayway Boulevard: E & A, Inc./Louis Anastasopoulos - Owner/ Applicant. Request flexible development approval to permit a restaurant in the Tourist District, to reduce the front east setback from 10 feet to 1.6 feet along Clearwater Pass Avenue, and to reduce the required number of parking spaces from 105 to 74, as part of a Comprehensive Infill Redevelopment Project at Bayside Shores, Blk C, Lots 1 thru 10. FL 00-11-49 ACTION - APPROVED - 7:0, subject to conditions: 1) A final landscape plan which exceeds the requirements of Code is submitted to and approved by Staff prior to the issuance of any permits, and 2) all signage is brought into compliance with Code prior to issuance of a Certificate of Occupancy. Item #B5 - (Cont'd from 01/23/01) - Text Amendment: City of Clearwater - Applicant. Request amendments to Community Development Code regarding residential infill projects, parking standards for self storage establishments, special area plans governing development potential in Tourist District, docks, newsracks, and an alternate member to the Community Development Board. TA 00-12-06 ACTION - APPROVED - 7:0 ITEM C - LEVEL TWO APPLICATIONS Item #C1 - 2408 Shellev Street: Wilfred & Muriel Pina - Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to zero feet as part of Residential Infill Project at Gulf to Bay Acres 1 st Add, Blk E, Lot 13. FL 00-10-45 ACTION - APPROVED - 6:0, subject to conditions: 1) Any decking currently encroaching into the west side setback (and five-foot drainage easement) be removed prior to the issuance of any building permit and/or within one month of the Community Development Board meeting on February 20, 2001, whichever occurs acd0201 2 02/20/01 . e NOTICE OF TEXT AMENDMENT The City of Clearwater, Florida, proposed to adopt the following ordinance (cont. from 01-23-01): ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT ST ANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-104 LOW DENSITY RESIDENTIAL FLEXIBLE DEVELOPMENT BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT ST ANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE ST ANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF- STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD AND PROVIDING A PROCESS WHEREBY THE ALTERNATE IS DESIGNATED TO FILL ANY VACANCY; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO EST ABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING ON THIS MATTER: Community Development Board Meeting Tuesday, February 20, 2001, at 1:00 p.m. CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S. Osceola Avenue, Clearwater, Florida Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle A venue, 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 A V AILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, CMC City Clerk Ad: 02/03/01 e e ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER January 23, 2001 Meeting called to order at 1 :00 p.m. at City Hall ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION 731 Bavwav Boulevard: E & A, Inc./Louis Anastasopoulos - Owner/ Applicant. Request flexible development approval to permit a restaurant in the Tourist District, to reduce the front east setback from 10 feet to 1.6 feet along Clearwater Pass Avenue, and to reduce the required number of parking spaces from 105 to 74, as part of a Comprehensive Infill Redevelopment Project at Bayside Shores, Blk C, Lots 1 thru 10. FL 00-11-49 ACTION - CONTINUED TO DATE UNCERTAIN - 7:0 Text Amendment: City of Clearwater - Applicant. Request amendments to Community Development Code regarding residential infill projects, parking standards for self storage establishments, special area plans governing development potential in Tourist District, docks, newsracks, and an alternate member to the Community Development Board. T A 00-12-06 ACTION - CONTINUED TO FEBRUARY 20, 2001 - 7:0 ITEM B - CONTINUED ITEMS - None. ITEM C - LEVEL TWO APPLICATIONS Item #C1 - 3249 San Mateo Street: James & Marea Dorian - Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to 15 feet as part of Residentiallnfill Project at DelOra Groves, Lots 608, 609 & 610. FLOO-11-51 ACTION - APPROVED - 7:0 Item #C2 - 1112 Kin~slev Street: Jacqueline Harvey - Owner/Applicant. Request flexible development approval to increase the fence height from three feet to four feet as part of Residentiallnfill Project at Lakeview Heights, Blk F, Lot 14. FL 00-11-55 ACTION - APPROVED - 7:0 acd01 a01 01/23/01 . . NOTICE OF TEXT AMENDMENT~t ~ . The City of Clearwater, Florida, proposed to adopt the following ordinance: {j P ; ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-104 LOW DENSITY RESIDENTIAL FLEXIBLE DEVELOPMENT BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT ST ANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE ST ANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFlLL BY DELETING RESIDENTIAL INFlLL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF- STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARITCLE 3, DEVELOPMENT STANDARDS, SECTION 3- 909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD AND PROVIDING A PROCESS WHEREBY THE ALTERNATE IS DESIGNATED TO FILL ANY VACANCY; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO EST ABLlSH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING ON THIS MATTER: Community Development Board Meeting Tuesday, January 23, 2001, at 1:00 p.m. CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S. Osceola Avenue, Clearwater, Florida Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person 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 and Development Services Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE CITY CLERK DEPT, AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, CMC/ AAE City Clerk Ad: 01106/01 . Clearwater City Commission Agenda Cover Memorandum e W orksession Item # Final Agenda Item # Meeting Date 3-22-01 SUBJECT/RECOMMENDATION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6680-01 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: There are several amendments to the Community Development Code that both clarify and streamline existing language. Specifically the dock and newsrack regulations have been significantly revised. In addition there are several other amendments that have been proposed. A summary of each ofthese follows: . Regulations regarding residential infill projects in the Low Density Residential and Low Medium Density Residential Zoning Districts; . Refinement of parking requirements for self-storage facilities to be based on the number of storage units instead of land area; . Allowance of approved special area plans to govern development potential in the Tourist District; . Adoption of design standards in Beach by Design for the land within the Tourist District governed by the plan; . Reorganization of dock prOVlSlons, including administrative changes, the addition of provisions for commercial and multi-use docks and deviations for new docks based on specific criteria; Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and Development 0 Approved Budget N/A Gina L. Clayton~v Total 0 Approved with Conditions Purchasing N/A User DepartmeP2L:.m- 0 Denied Risk Mgmt. N/A ! /7 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: Beach by Design Staff Report Submitted 0 Not Required Appropriation Code Land Use Districts Map by: Affected Parties Ordinance No. 6681-01 0 Notified Beach by Design City Manager 0 Not Required 0 None .-. "'., Printed on recycled paper . Reorganization of newsrack pro lions, including reducing the separati'reqUirement between modular newsracks, permitting two metal newsracks side by side, regulating color of newsracks on public property, advertising restrictions, and compliance with design guidelines in the Tourist and Downtown Zoning Districts; and . Addition of alternate member to the Community Development Board. The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on February 20,2001 and recommended approval of the ordinance. 2 . e CDB Meeting Date: February 20,2001 Case Number: TAOO-12-06 Agenda Item: B-5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6680-01 UPDATE: This case was continued by the Community Development Board at its January 23, 2001 meeting at the request of staff. Revisions were made to the proposed newsrack provisions that require the use of metal newsracks in certain circumstances and impose limitations on news rack colors. Editorial and organizational revisions were also made to the commercial and multi-use dock requirements. INITIATED BY: Planning Department BACKGROUND INFORMATION: After the passage of the expanded newsrack requirements in Ordinance No. 6526-00, representatives of the publishers requested relief for approximately 300 newsrack locations. Planning Department staff agreed to review the new requirements and revise them if and where appropriate. Staff is requesting the Board to consider amending the newsrack provisions, as well as addressing residential infill projects, revising parking requirements for self storage facilities, allowing approved special area plan provisions to supersede development potential enumerated for the Tourist District, adopting design standards for certain property within the Tourist District, revising and reorganizing docks requirements, and adding an alternate board member to the Community Development Board. All of these 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. 6680-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. Revised for 1 st Reading 3-22-01 Commission Meeting 1 e e 1. Residential Infill Project (Pages 2 - 10 of proposed ordinance.) Staff is proposing amendments to the Low Density Residential (LDR) Zoning District that make residential infill projects for single family detached dwellings a flexible standard use. Staff is also proposing to make residential infill projects for all permitted uses in the Low Medium Density Residential District (LMDR) a flexible standard use instead of a flexible development use. Since the new Community Development Code went into effect in 1999, the Board has reviewed twenty-one residential infill requests in the LDR and LMDR Districts and approved all twenty- one applications. Objection letters from neighboring property owners were received for two of those cases and one letter of support was received for one other request. Due to the fairly large number of requests and the relatively minor nature of most requests, staff is proposing these amendments. It should be noted that no changes are proposed to the development standards and flexibility criteria that currently apply to residential infill projects, except that in the LDR District, the only use eligible for flexible standard application is single family dwellings. 2. Parking for Self Storage Facilities (Page 10 of the proposed ordinance.) Staff is proposing to revise the parking requirements for self-storage facilities. Upon site plan review of a proposed self-storage facility, staff found that existing parking standards do not adequately reflect the parking demand generated by this use. The current requirements in the Commercial (C) and Industrial, Research and Technology (IRT) Districts require parking to be based on land area. In actuality, parking demand for self-storage facilities is based on the number of storage units located within a facility; therefore, staff is proposing parking requirements to be based on the number of storage units instead of the size of the site. In the C District, staff is proposing to change the requirement from one to ten spaces per 1000 square feet of land area to one space per twenty units plus two for the manager's office in Table 2-704. In the IR T District, minimum standard development provisions for self-storage facilities in Table 2-1302 require two spaces per 1000 square feet of gross floor area. Staff is proposing to change this to one space per twenty units plus two for the manager's office. Existing parking standards for flexible standard development self-storage facilities in the IRT District in Table 2-1030 are the same as the requirements for minimum development. Staff is proposing to revise these requirements to one space per fifteen to twenty units plus two for the manager's office. Staff is also proposing the same standards for flexible development self-storage facilities in the IRT District in Table 2-1304. 3. Maximum Development Potential in the Tourist District (Page 10 of the proposed ordinance. ) Staff is proposing to add a proVIsIOn to Code Section 2-801.1 that permits development potential for land governed by an approved special area plan within the Tourist (T) District to be governed by such approved plan. The purpose of the amendment is to permit the requirements of Beach by Design, if approved, to govern Revised for 1 sl Reading 3-22-01 Commission Meeting 2 e e land use and development potential in the area of Clearwater Beach that is zoned T and included in the Plan. 4. Design Guidelines for Tourist District (Page 11 of the proposed ordinance.) Staff is proposing to amend the design standard provisions found in Code Section 3- 501. Currently there are no design standards for the Tourist District; however, the new Community Development Code anticipated such standards because a section was reserved for that specific purpose. Design standards have been developed for portions of the Tourist District governed by Beach by Design. The proposed amendment would recognize that these standards have been approved by the City Commission and apply to property within the plan boundaries. 5. Docks (Pages 11 - 17 of the proposed ordinance.) Staff is proposing to amend the dock regulations found in Code Section 3-601. While several of the revisions are substantive, many are primarily organizational in nature. Staff is proposing to make changes in the administrative review procedures. Staff is proposing to eliminate the need for a Clearwater building permit for a dock; the Clearwater Building Department has never inspected dock construction because the Pinellas County Water and Navigation Control Authority has this authority. Staff is also proposing to remove the Harbormaster from the dock review process because Pinellas County Water and Navigation Control Authority has final authority on navigational issues. The reviews performed by the Clearwater Building Department and Harbormaster are duplicative because the Pinellas County Water and Navigation Control Authority has final authority. Finally, staff is proposing that docks only require approval from the Clearwater Community Development Coordinator, prior to issuance of a permit by the Pinellas County Water and Navigation Control Authority. Staff is also proposing to reorganize the existing regulations into sections specifying requirements for docks serving single-family dwellings and commercial and multi- use docks. Currently the dock regulations make no provisions for commercial and multi-use docks. Staff is also adding a mechanism for property owners to obtain deviations from requirements for new docks by having a process whereby if neighbors agree to proposed deviations and the criteria is met, staff can approve the deviations. If neighbors cannot agree, an application can be made to the Community Development Board for a Level Two approval. Currently, the regulations only permit deviations for existing docks. There are many legitimate environmental reasons that deviations to the dimensional requirements should be made and often are actually required by the Pinellas County Water and Navigation Authority. 6. Newsracks (Pages 17- 20 and 22 of the proposed ordinance.) Staff is proposing to amend the newsrack provisions in Code Section 3-909 by reorganizing the entire section into five subsections and revising some of the Revised for 15t Reading 3-22-01 Commission Meeting 3 e e requirements. Staff is proposing to reduce the separation requirement between modular newsracks from 300' to 100'. The proposed amendments would further permit two newsracks to locate side by side provided the racks are metal and are of the same color on public property. If more than two newsracks locate side by side, a metal modular newsrack will be required. Staff is also proposing to require all newsracks in the Tourist and Downtown Districts to comply with any design guidelines governing Clearwater Beach and Downtown. The Community Development Coordinator is also granted authority to approve deviations to the length and height of modular newsracks in these districts. Lastly, staff is proposing to amend Code Section 8-102 by including definitions of newsracks and modular newsracks. 7. Alternate Community Development Board Member (Pages 20-21 of the proposed ordinance. ) Staff is proposing amendments to Code Sections 5-202 and 5-203 that will add one alternate member to the Community Development Board. This proposal specifies that the alternate member is able to participate in meetings in order to establish a quorum, participate in the absence of a regular member or during an agenda item when a regular member cannot vote due to a conflict of interest. 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 making residential infill projects a flexible standard development will further the goal of renewing declining areas and stabilizing built-up neighborhood by allowing residential infill projects with a staff approval instead of Board approval. Having design guidelines for land within the Tourist District governed by Beach by Design will help redevelop blighted areas. Allowing special area plans which govern land within the Tourist District to establish uses and development potential will focus site planning efforts on renewing declining areas and stabilizing built-up Revised for 151 Reading 3-22-01 Commission Meeting 4 e e neighborhoods. Relying on special area plans to guide development will also encourage infill and support economic development efforts. · Policy 2.1.1 - "Renewal of the beach tourist district shall be encouraged through the use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and establishment of a community redevelopment area or areas Allowing approved special area plans with design guidelines to govern development potential in the Tourist District will implement a community redevelopment plan for the beach. · Policy 2.2.1 - "On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible." The provisions making residential infill projects more accessible will promote infill development and neighborhood investment. By making the site plan review process less formalized, less costly and less timely, some property owners will be encouraged to move forward with infill development. Design standards in the Tourist District will also help ensure compatible development within the district. · Objective 22.3 - "To City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. The proposed dock provisions permit deviations based on environmental concerns. This will allow flexibility in locating docks in order to better protect wildlife and natural vegetation found in the Intracoastal Waterway. · Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review process and environmental management site inspections. The proposed dock provisions permit deviations to requirements to protect environmentally sensitive areas. This will further the City's ability to locate docks in a manner to protect natural resources. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise zoning district standards found in Article 2, maximum development potential in the Tourist District, docks and newsracks and creates an alternate Community Development Board member and adopts design standards for certain areas within the Tourist District. The proposed amendments are consistent with the following purposes of the Code. Revised for 151 Reading 3-22-01 Commission Meeting 5 e e · Section l-l03(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 l-l03(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 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 residents with an easier and faster development review process for residential infill projects, more appropriate parking requirements for self storage facilities, the ability for approved special area plans to govern development potential in the Tourist District, design standards for properties governed by Beach by Design in the Tourist District, more comprehensive and less cumbersome dock regulations that eliminate duplicative governmental review, reasonable separation requirements and aesthetic control of newsracks and increased efficiency of the Community Development Board through the addition of an alternate board member. The Planning Department Staff recommends APPROVAL of Ordinance No. 6680-01 that revises the Community Development Code. Prepared by: Gina L. Clayton ~ ATTACHMENT: Proposed Ordinance No. 6680-01 Revised for 15t Reading 3-22-01 Commission Meeting 6 e e CDB Meeting Date: Case Number: Agenda Item: February 20,2001 TAOO-12-06 B-5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6680-01 UPDATE: This case was continued by the Community Development Board at its January 23, 2001 meeting at the request of staff. Revisions were made to the proposed newsrack provisions that require the use of metal newsracks in certain circumstances and impose limitations on newsrack colors. Editorial and organizational revisions were also made to the commercial and multi-use dock requirements. INITIATED BY: Planning Department BACKGROUND INFORMATION: After the passage of the expanded newsrack requirements in Ordinance No. 6526-00, representatives of the publishers requested relief for approximately 300 newsrack locations. Planning Department staff agreed to review the new requirements and revise them if and where appropriate. Staff is requesting the Board to consider amending the newsrack provisions, as well as addressing residential infill projects, revising parking requirements for self storage facilities, allowing approved special area plan provisions to supersede development potential enumerated for the Tourist District, adopting design standards for certain property within the Tourist District, revising and reorganizing docks requirements, and adding an alternate board member to the Community Development Board. All of these proposed amendments are considered to be important to operations and should not be delayed until the annual review of the code. ANAL YSIS: Proposed Ordinance No. 6680-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. Revised for 151 Reading 3-22-01 Commission Meeting 1 e e 1. Residential Infill Project (Pages 2 - 10 of proposed ordinance.) Staff is proposing amendments to the Low Density Residential (LDR) Zoning District that make residential infill projects for single family detached dwellings a flexible standard use. Staff is also proposing to make residential infill projects for all permitted uses in the Low Medium Density Residential District (LMDR) a flexible standard use instead of a flexible development use. Since the new Community Development Code went into effect in 1999, the Board has reviewed twenty-one residential infill requests in the LDR and LMDR Districts and approved all twenty- one applications. Objection letters from neighboring property owners were received for two of those cases and one letter of support was received for one other request. Due to the fairly large number of requests and the relatively minor nature of most requests, staff is proposing these amendments. It should be noted that no changes are proposed to the development standards and flexibility criteria that currently apply to residential infill projects, except that in the LDR District, the only use eligible for flexible standard application is single family dwellings. 2. Parking for Self Storage Facilities (Page 10 of the proposed ordinance.) Staff is proposing to revise the parking requirements for self-storage facilities. Upon site plan review of a proposed self-storage facility, staff found that existing parking standards do not adequately reflect the parking demand generated by this use. The current requirements in the Commercial (C) and Industrial, Research and Technology (IRT) Districts require parking to be based on land area. In actuality, parking demand for self-storage facilities is based on the number of storage units located within a facility; therefore, staff is proposing parking requirements to be based on the number of storage units instead of the size of the site. In the C District, staff is proposing to change the requirement from one to ten spaces per 1000 square feet of land area to one space per twenty units plus two for the manager's office in Table 2-704. In the IRT District, minimum standard development provisions for self-storage facilities in Table 2-1302 require two spaces per 1000 square feet of gross floor area. Staff is proposing to change this to one space per twenty units plus two for the manager's office. Existing parking standards for flexible standard development self-storage facilities in the IRT District in Table 2-1030 are the same as the requirements for minimum development. Staff is proposing to revise these requirements to one space per fifteen to twenty units plus two for the manager's office. Staff is also proposing the same standards for flexible development self-storage facilities in the IRT District in Table 2-1304. 3. Maximum Development Potential in the Tourist District (Page 10 of the proposed ordinance. ) Staff is proposing to add a prOVlSlon to Code Section 2-801.1 that permits development potential for land governed by an approved special area plan within the Tourist (T) District to be governed by such approved plan. The purpose of the amendment is to permit the requirements of Beach by Design, if approved, to govern Revised for 151 Reading 3-22-01 Commission Meeting 2 e e land use and development potential in the area of Clemwater Beach that is zoned T and included in the Plan. 4. Design Guidelines for Tourist District (Pag~ll of the proposed ordinance.) Staff is proposing to amend the design standard provisions found in Code Section 3- 501. Currently there are no design standards for the Tourist District; however, the new Community Development Code anticipated such standards because a section was reserved for that specific purpose. Design standards have been developed for portions of the Tourist District governed by Beach by Design. The proposed amendment would recognize that these standards have been approved by the City Commission and apply to property within the plan boundaries. 5. Docks (Pages 11 - [Of the proposed ordinance.) Staff is proposing to amend the dock regulations found in Code Section 3-601. While several of the revisions are substantive, many are primarily organizational in nature. Staff is proposing to make changes in the administrative review procedures. Staff is proposing to eliminate the need for a Clearwater building permit for a dock; the Clearwater Building Department has never inspected dock construction because the Pinellas County Water and Navigation Control Authority has this authority. Staff is also proposing to remove the Harbormaster from the dock review process because Pinellas County Water and Navigation Control Authority has final authority on navigational issues. The reviews performed by the Clearwater Building Department and Harbormaster are duplicative because the Pinellas County Water and Navigation Control Authority has final authority. Finally, staff is proposing that docks only require approval from the Clearwater Community Development Coordinator, prior to issuance of a permit by the Pinellas County Water and Navigation Control Authority. Staff is also proposing to reorganize the existing regulations into sections specifying requirements for docks serving single-family dwellings and commercial and multi- use docks. Currently the dock regulations make no provisions for commercial and multi-use docks. Staff is also adding a mechanism for property owners to obtain deviations from requirements for new docks by having a process whereby if neighbors agree to proposed deviations and the criteria is met, staff can approve the deviations. If neighbors cannot agree, an application can be made to the Community Development Board for a Level Two approval. Currently, the regulations only permit deviations for existing docks. There are many legitimate environmental reasons that deviations to the dimensional requirements should be made and often are actually required by the Pinellas County Water and Navigation Authority. - 2 [) aryj 2:1- 6. Newsracks (Pages 17-~fthe proposed ordinance.) Staff is proposing to amend the newsrack provisions in Code Section 3-909 by reorganizing the entire section into five subsections and revising some of the Revised for 1 sl Reading 3-22-01 Commission Meeting 3 e e requirements. Staff is proposing to reduce the separation requirement between modular newsracks from 300' to 100'. The proposed amendments would further permit two newsracks to locate side by side provided the racks are metal and are of the same color on public property. If more than two newsracks locate side by side, a metal modular newsrack will be required. Staff is also proposing to require all newsracks in the Tourist and Downtown Districts to comply with any design guidelines governing Clearwater Beach and Downtown. The Community Development Coordinator is also granted authority to approve deviations to the length and height of modular newsracks in these districts. Lastly, staff is proposing to amend Code Section 8-102 by including definitions of newsracks and modular newsracks. 7. Alternate Community Development Board Member (Pages 20-21 of the proposed ordinance. ) Staff is proposing amendments to Code Sections 5-202 and 5-203 that will add one alternate member to the Community Development Board. This proposal specifies that the alternate member is able to participate in meetings in order to establish a quorum, participate in the absence of a regular member or during an agenda item when a regular member cannot vote due to a conflict of interest. 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 making residential infill projects a flexible standard development will further the goal of renewing declining areas and stabilizing built-up neighborhood by allowing residential infill projects with a staff approval instead of Board approval. Having design guidelines for land within the Tourist District governed by Beach by Design will help redevelop blighted areas. Allowing special area plans which govern land within the Tourist District to establish uses and development potential will focus site planning efforts on renewing declining areas and stabilizing built-up Revised for I st Reading 3-22-01 Commission Meeting 4 e e neighborhoods. Relying on special area plans to guide development will also encourage infill and support economic development efforts. · Policy 2.1.1 - "Renewal of the beach tourist district shall be encouraged through the use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and establishment of a community redevelopment area or areas Allowing approved special area plans with design guidelines to govern development potential in the Tourist District will implement a community redevelopment plan for the beach. . Policy 2.2.1 - "On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible." The provisions making residential infill projects more accessible will promote infill development and neighborhood investment. By making the site plan review process less formalized, less costly and less timely, some property owners will be encouraged to move forward with infill development. Design standards in the Tourist District will also help ensure compatible development within the district. . Objective 22.3 - "To City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. The proposed dock provisions permit deviations based on environmental concerns. This will allow flexibility in locating docks in order to better protect wildlife and natural vegetation found in the Intracoastal Waterway. . Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review process and environmental management site inspections. The proposed dock provisions permit deviations to requirements to protect environmentally sensitive areas. This will further the City's ability to locate docks in a manner to protect natural resources. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise zoning district standards found in Article 2, maximum development potential in the Tourist District, docks and newsracks and creates an alternate Community Development Board member and adopts design standards for certain areas within the Tourist District. The proposed amendments are consistent with the following purposes of the Code. Revised for 1 st Reading 3-22-01 Commission Meeting 5 e e · 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 residents with an easier and faster development review process for residential infill projects, more appropriate parking requirements for self storage facilities, the ability for approved special area plans to govern development potential in the Tourist District, design standards for properties governed by Beach by Design in the Tourist District, more comprehensive and less cumbersome dock regulations that eliminate duplicative governmental review, reasonable separation requirements and aesthetic control of newsracks and increased efficiency of the Community Development Board through the addition of an alternate board member. The Planning Department Staff recommends APPROVAL of Ordinance No. 6680-01 that revises the Community Development Code. Prepared by: Gina L. Clayton ATTACHMENT: Proposed Ordinance No. 6680-01 Revised for I st Reading 3-22-0 I Commission Meeting 6 e e ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 5 DESIGN STANDARDS, SECTION 3-501 TOURIST DISTRICT BY INCORPORATING THE DESIGN GUIDELINES ESTABLISHED IN BEACH BY DESIGN BY REFERENCE; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARITCLE 3, DEVELOPMENT STANDARDS, SECTION 3-909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- Ordinance No. 6680 -01 e e 102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Deyelopment Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LOR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residential Infill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LOR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LOR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft. ) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit Dwellings -20,000 100 Residentiallnfill n/a n/a 10-- 0- -1 5 0- -1 5 30 1/unit Proiect 25 2 Ordinance No. 6680-01 Reyised for 2-20-01 Meeting -- -- -- - - -- - - I e e Utility/ n/a n/a 25 15 25 n/a n/a I nfrastru ctu re Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are Quidelines and may be yaried based on the criteria specified in Section 2-103((B) Flexibility criteria: ********* B. Residential infill proiects. 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill proiect application. 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market value of abuttinq properties; 4. The uses within the residential infill proiect are otherwise permitted in the district; 5. The uses within the residential infill proiect are compatible with adiacent land uses; 6. The development of the parcel proposed for deyelopment as a residential infill proiect will upqrade the immediate vicinity of the parcel proposed for development; 7. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate yicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width. required setbacks, heiqht, off-street parkinq access or other development standards are iustified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ~C. Utility /infrastructure facilities. 3 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the deyelopment standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit DwellinQs Detached 5,000 50 15--25 5 5--1 5 30 2/unit DwellinQs n/a n/a 10 - -25 0--5 0--15 30 1/unit Residential I nfill Proiects Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure Facilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. 4 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria set forth in Section 2-203(C). Flexibility criteria: ********** C. Residential infill projects: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market yalue of abuttinq properties; 3. The uses within the residential infill proiect are otherwise permitted in the district; 4. The uses within the residential infill proiect are compatible with adiacent land uses; 5. The development of the parcel proposed for development as a residential infill proiect will upqrade the immediate vicinity of the parcel proposed for development; 6. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in reqard to lot width, required setbacks, heiqht, off-street parkinq access or other development standards are iustified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from yiew by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 3. Article 2, Zoning Districts, Section 2-204, "LOR" District Flexible Development Standards is hereby amended by revising the development standards table and flexibility criteria by deleting Residentiallnfill Projects as follows: 5 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear (1 ) Attached 10,000 100 25 5 15 30 1.5/unit Dwellings Detached 3,000-- 25--50 15--25 2--5 5-15 30 2/unit Dwellings 5,000 Non- n/a n/a 25 10 10 n/a n/a Residential Off Street Parkinq Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities oras determined by the Community Developmen t Director based on ITE Manual standards Rosidonti31 fl-fa fl-fa 10 25 G-e 0 15 W -UooH mHU f""\ -. I Schools 40,000 200 35 25 15 30 1/3 students ill Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. 6 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e (2) The development st~md3rds for residontbl infill projects 3re guidelines 3nd may be v3ried b3sed on the criterb sot forth in Section 2 201 (E) Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a corner lot and is vacant on the date of adoption of this Development Code; 2. The buildings are designed with front setbacks on both streets; 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; 4. No more than two dwelling units front on a single street; 5. The development of attached dwellings does not require the removal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Minimum lot size per dwelling of less than 5,000 square feet is an existing lot or a lot size of less than 5,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; 2. Access is provided to each lot by frontage on a public street or by an easement of access at least 15 feet in width; 3. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot; 7 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; 5. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or c. The reduction results in an efficient house layout. 6. Side setback: The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved. C. Non-residential off-street parking. 1 The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non- residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not inyolve the use of local streets which have residential units on both sides of the street. 2 No off-street parking spaces are located in the required front setback for detached dwellings in the LMDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3 Off-street parking spaces are screened by a wall or fence of at least three feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4 All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5 All parking spaces shall be surface parking. 8 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e D. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be use for passive recreational purposes. E. RosidontIal infi/! projocts. 1. The development or rede'.'elopment of the parcel proposed for development is otherv.'ise impractical 'Nithout deviations from the intensity and other development standards; 2. The development of the parcel proposed f-or development as a residenti31 infill project will not materially reduce the bir market value of abutting properties; 3. The uses within the residential infill project are other\vise permitted in the district; ~. The uses within the residential infill project are compatible with adjacent land HSeSi 5. The development of the parcel proposed for development as a residential infill project 'Nill upgrade the immedi3te vicinity of the parcel proposed for development; 6. The design of the proposed residential infill project creates a form and function \Nhich enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height, off street parking, access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ~E. Schools. 1. The parcel proposed for development fronts on a major arterial street; 9 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. Section 4. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Development Standards is hereby amended by revising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15 - 20 units plus 2 for manager's office. Section 7. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15-20 units plus 2 for manager's office. Section 8. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and qoverned by a special area plan approved by the City Commission and the Countywide Planninq Authority, maximum deyelopment potential shall be as set forth for each classification of use and location in the approved plan. 10 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 9. Article 3, Development Standards, Division 5 Design Standards, Section 3-501, Tourist District Is hereby reyised as follows: Section 3-501 Tourist District [Reserved]. The desiqn quidelines for development in the Tourist District located within the boundaries qoverned by Beach by Desiqn are hereby incorporated by reference. Section 10. Article 3, Development Standards, Section 3-601, Dock/Marina Standards is hereby revised as follows: Section 3-601. Docks. A. Pormit required. All docks which are proposed to be constructod, added to, or structurally altered shall obtain a building permit and a permit from Pinell:Js County. B. Procedures. I\n application for a building permit for the construction, addition or structural alteration of a dock shall be referred to the City's Harbormaster to detormine the impact of the dock on navigation. If the Harbormaster determines that the construction, addition or structural alteration 'NiII not adversely affect navigation, the application shall be referred to the community development coordinator to be considered as a level one appro';al in accordance with the provisions of Article '1 Division d-,. C. Repair. 1. Repair or replacement of any residential dock, cat\valk, or portion of a dock or catv.'alk that involves 50 percent or more of the dock, cat\valk or boat lift shall required that the dock, cat\valk, or boat lift conform to the length, 'Nidth and position requirements of this division. 2. If any dock, soawall, bulkhead, private bridge, or marina is permitted to bll into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person who may walk theroon, such structure shall be either removed or repaired so as to conf-orm with the requirements of this division. D. Docks, boat !iff 3nd serAce catwalk setbacks. Docks must be located in the center one third of the lot or 20 feet from any extended property line, whichever is less, unless the dock is proposed to be shared by adjoining properties v.'hereupon the dock may be constructed on the property line provided that all the other standards of this divisions are met. Boat lifts and service catwalks (three feet maximum width) shall be a minimum of ten feet from any extended property line. 11 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e E. Length:. The length of docks and boatlifts shall not exceed 25 percent of the 'Nidth of the water\Nay or half of the width of the property on which the dock is to be located, \Nhichever is less. G. Tie pole sotbacks. ,^, minimum of one foot setback from any extended property line must be maintained. No tie pole shall be allO'.ved to project into the navigable portion of a 'Naterv.'ay more than 25 percent of such waterway. H. Cover boat lifts. 1. Cove rod boat lifts are permitted provided a permanent and solid roof deck is constructed '/lith materials such as asphalt shingles, metal, tile or 'Nood. Canvas and can'.'as like materials are prohibited. 2. Vertical sidewalls for boat lifts are prohibited. I. SIngle pIJo ck1'.ffts and persona.' watercraft Hfts. Exempt from the setback criteria so long as such davits and lifts are contained entirely 'I.'ithin the extended property lines. J. Number of sHps. No dock shall provide more than two slips for the mooring of pleasure craft, except as houseboats may otherwise be permitted consistent 'Nith Chapter 33 of the City's Code, 'I.'hich slips shall be for the exclusive use of the residents of the contiguous upland property. K. Porson3! watercraft lifts are not considered to be boats slips. L. ExIstIng docks and .'ifts. 1. Now boat lifts installed in previously permitted 'Net slips are exempt from setback standards so long as such lifts are entirely contained within the extended property lines. 2. Repairs. a. Repairs to a dock, including mooring pilos, requiro a permit. b. Repairs to a permitted boat lift shall not required a permit unless pilings are replaced. Repaired or reconstructed boats lifts shall not have enclosed sides. 12 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e c. Repairs to or repl3cement of deck b03rds only do not require 3 permit. This exemption does not 3pply to any support structures such 3S stringers, C3pS or floaters. All deck b03rds must meet the minimum construction criterb of Section 166.332(7), Pinell3s County regul3tions. 3. The h3rborm3ster may 3pprove devi3tions to these st3nd3rds contingent upon one or more of the follovving: a. Approval of the proposed devbtion by the affected 3djacent property owner(s)INho must sign 3nd not3rize tho proposed construction pl3n 3S having no ob1ection. b. An indopendent evaluation by the h3rborm3ster's office th3t no n3vig3tion31 or rip3rian rights conflicts will occur due to the proposed construction. c. Property configuration and circumstances th3t preclude pl3cement of reasonable dock structures within the 3bove requirements. M. Publicly ovmed f3cilities. Roofed structures sh311 be permitted on publicly olNned boardw3lks, observation pl3tforms, elev3ted nature trails 3nd other such structures not intended for use as 3 dock facility. Vertical IN311s shall not be 3110wed. A. City Approval and Pinel/as County Water and Naviqation Control Authority Permit Required. All docks which are proposed to be constructed. added to, or structurally altered shall receive approval by the City and obtain a permit from the Pinellas County Water and Nayiqation Control Authority. B. City Approval Procedures. Review and approval by the Community Development Coordinator shall be required prior to the issuance of a permit from the Pinellas County Water Nayiqation Control Authority. Such approval shall be considered a level one (minimum standard approval) or level two (flexible development) approval in accordance with the provisions of Article 4 Divisions 3 and 4. C. New Docks. 1. Docks. boatlifts and service catwalks that serve sinqle-family or two-family dwellinqs. a. Setbacks. A dock shall be located in the center one-third of the lot or 20 feet from any property line as extended into the water. whichever is less. unless the dock is proposed to be shared by adioininq properties whereupon the dock may be constructed on the common property line 13 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e proyided that all other standards of this division are met. Boatlifts and service catwalks shall be a minimum of ten feet from any property line extended into the water. Tie poles shall be setback a minimum of one foot from any extended property line. Sinqle pile davits and personal watercraft lifts are exempt from these setback requirements provided they are contained entirely within the extended property lines. b. Lenqth. The lenqth of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Tie poles may extend beyond the dock provided such poles do not exceed 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of docks. includinq boatlifts. shall not exceed 35 percent of the width of the property measured at the waterfront property line or 50 feet. whichever is less. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal, tile or wood. Canvas and canyas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Number of slips. No dock shall provide more than two slips for the moorinq of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiquous upland property. Personal watercraft lifts are not considered to be boat slips. f. Width of Catwalks. Service catwalks shall not exceed three feet in width. g. Deviations. Deviations from the requirements of this section may be qranted by the Community Development Coordinator based on one of the followinq reasons: I. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Naviqation Control Authority: or 14 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e iii. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deyiations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no obiection are submitted from adiacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority permit application. In the event statements from the adiacent property owners can not be obtained, such deviations may be reviewed by the Community Development Board as a Level Two application. 2. Commercial and multi-use docks. a. Setbacks. All commercial and multi-use docks shall be located so that no portion of such dock is closer to any property line as extended into the water than ten percent of the applicant's property width measured at the waterfront property line. Multi-use private and commercial docks abuttinq adiacent waterfront sinqle-family or two-family property must be setback a minimum of one-third (1/3) of the applicant's waterfront property width from the adiacent waterfront sinqle-family or two-family property. b. Lenath. The lenqth of commercial and multi-use docks shall not extend from the mean hiqh water line or seawall of the applicant's property more than seventy-five percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of commercial and multi-use dockinq facilities shall not exceed seventy-five percent of the width of the applicant's property measured at the waterfront property line. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles. metal. tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Deviations. Deviations from the requirements of this section may be qranted by the Community Development Coordinator based on one of the followinq reasons: 15 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e i. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Naviqation Control Authority; or III. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deyiations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no obiection are submitted from adiacent waterfront property owners. as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority. In the event statements can not be obtained, such deviations may be reviewed by the Community Deyelopment Board as a Level Two application. D. Existinq docks and lifts and repairs. 1. Existinq docks and lifts. New boat lifts installed in previously permitted wet slips are exempt from setback standards so lonq as such lifts are entirely contained within the property lines as extended into the water. 2. Repairs. a. Any repair made to an existinq approved dock that does not extend. enlarqe or substantially chanqe the location of any portion of the dock does not require review and approval by the Community Development Coordinator however, a permit may be required by the Pinellas County Water and Naviqation Control Authority. If, however, such repair enlarqes, extends, or substantially chanqes the location of any portion of the dock, such repair shall require the review and approval by the Community Development Coordinator prior to the issuance of a permit by the Pinellas County Water and Naviqation Control Authority. The review of a substantial repair shall be pursuant to the standards described in this section. b. If any dock, seawall, bulkhead, private bridqe. or marina falls into a state of disrepair and becomes a danqerous structure creatinq an unreasonable risk of bodily iniury to any person who may walk thereon. such structure shall be either removed or repaired so as to conform with the requirement of this division. 16 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e E. Publiclv owned facilities. Roof structures shall be permitted on publiclv owned boardwalks, observation platforms, elevated nature trails and other such structure not intended for use as a dock facility. Vertical walls shall not be allowed. Section 11. Article 3, Development Standards, Section 3-909 Newracks, IS hereby amended by revising news racks as follows: A Genera! Provisions. ^II newsr::lcks sh::lll comply '/lith the following general pro'.'lslons. 1. No newsr::lck shall obstruct the flow of pedestrian or vehicubr traffic. 2. No ne'Nsrack sh::lll be loc::lted in a m::lnner th::lt impairs ::I motor vehicle oper::ltor's vie'N of motor vehicles, bicycles, or pedestrians upon entering or exiting a right of w::IY. 3. No ne'Nsr::lck shall be loc::lted in a visibility triangle 1. No newsrack sh::lll reduce the width of a sidewalk or travel route belo'N ^r'\^ . t , ,L..J, , reqUlremen s. 5. No newsrack sh::lll be used for advertising purposes other th::ln ::Idvertising for the public::ltion being distributed or sold. 6. No nevJsr::lck sh::lll be chained, bolted, or ::Ittached in any other manner to a utility pole, traffic sign or other fixture. 7. Newsracks shall be m::lint::lined in a neat and clean condition and in good repair ::It ::III times. 8. The telephone number of a working telephone service sh::lll be ::Iffixed to each newsr::lck in a readily visible pbce so that reports of m::llfunctioning ne'Nsrack can be m::lde and violations of these provisions can be reported. g. The location of any newsrack shall not block the 'lie\\' of any historic building or scenic vist::l or m::ljor City entl)'\.vay. B. l'.ddition3! roquiromants for naY/stacks located on public rights of way. 1. No portion of ~:my ne'Nsrack shall be inst::llled or maintained upon or over ~:my part of a ro3d't.'::IY or bicycle p3th. 2. Nowsr3cks m3Y be located upon a sidewalk in excess of five (5) feet in width, ::It the edge of the sidew31k 3nd on either side of the sidewalk but not directly opposing ::Inother ne'Nsr::lck, and fronting tmvards the center of 17 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e the sidewalk. However, a newsrack shall not be installed or maint3ined within five (5) feet of a curb or tho edge of ro3dw3Y pavement. 3. If the side'Nalk adjoins a landscaped area of the public right of way of a sufficient size to fully and Ia'Nfully accommodate 3 nO'.vsrack, and if the sidewalk is five foet or less in 'Nidth, the Community Development Coordinator may 3pprove the location of 3 ne':.'sr3ck provided such ne'Nsrack be place upon 3 wire reinforced concrete p3d, four inches thick or greater, of sufficient size to support the based of the newsr3ck, or other reasonable alternative measures approvod by the City Engineer. The front of any ne'Nsrack loc3ted in landscaped areas of the public right of 'Nay shall face towards the sidewalk. ~ . Newsracks may be anchored to any concrete pad located in the public right of 'lJ3Y. 5. Newsracks shall not exceed fifty five (55) inches in height. 6. Single ne'Nsracks may be located every 100 feet. 7. Combination of multi stand free 3nd P3Y newsracks may be located side by side provided the total length of such racks does not exceed six (6) feet. A dist3nce of 300 feet sh311 separate such combination of racks. B. Additional Pro'lisions for C, T, and D Districts. In the Commercial, Tourist and Downtmvn Districts, the allowable length of combination nO'.vsracks may be extended through the flexible standard development reviev.' process pro'.'ided the ne'Nsr3cks meet the following criteria; 1. The newsracks are integrated into 3 pedestrian area; 2. The location of the newsracks provides convenient pedestrian access; 3. The newsracks are visually screened; ~. The ne'Nsr3cks do not obstruct the flO'.\' of pedestrian or vehicular tr3ffic; 3nd 5. The ne'Nsracks 3re comp3tiblo with surrounding 3ctivitios. A. General Requirements for Newsracks and Modular Newsracks 1. Newsracks and modular newsracks may be located either on private property or within the public riqht-of-way. 2. Newsracks and modular newsracks shall be maintained in an upriqht, neat and clean condition and in qood repair at all times. 18 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 3. No newsrack or modular news rack shall obstruct the flow of pedestrian or vehicular traffic. 4. No newsrack or modular newsrack shall be installed or maintained upon or over any part of a roadway or bicvcle path or be located in a manner that impairs a motor yehicle operator's yiew of motor vehicles, bicvcles, or pedestrians upon enterinq or exitinq a riqht-of-wav. 5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less than four (4) feet. 6. No newsrack or modular newsrack shall be used for advertisinq purposes other than advertisinq for the publication beinq distributed or sold. Letterinq shall not exceed one and one half (1 %) inches in heiqht and shall be located onlv on the front and back of the newsrack or the front and back of each compartment in a modular newsrack. 7. No newsrack or modular newsrack shall be chained, bolted or attached in any other manner to a utilitv pole, traffic siqn or other similar fixture, excludinq pads desiqned to support newsracks, located in the public riqht-of-wav. 8. The telephone number of a workinq telephone service of a representative of the publication shall be affixed to each newsrack or modular newsrack in a readilv yisible place so that reports of malfunctioninq newsracks/modular newsracks can be made and yiolations of these provisions can be reported. B. Location of Newsracks and Modular Newsracks. 1. No newsrack or modular newsrack shall be located in a visibilitv trianqle or within five (5) feet of a curb of the edqe of roadway pavement. 2. The location of any newsrack or modular newsrack shall not block the view of any historic buildinq or scenic yista or maior City entrvway. 3. The front of any newsrack located in landscaped areas of the public riqht-of-wav or on a public sidewalk shall face toward the sidewalk and/or away from the street. C. Heiqht, Desiqn, and Separation Requirements for Newsracks and Modular Newsracks. 1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks shall not exceed fifty-five (55) inches in heiqht. 19 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 2. A 100 foot radius separation shall be maintained between all types of newsracks. except that two metal newsracks may be located side by side. Those news racks located on public property shall be of the same color. however on private property this restriction shall not apply, If three or more publications are qrouped toqether in a sinqle location. such publications shall be located in a metal modular newsrack. 3. Modular newsracks may be used in combination provided that such racks located at the same location are of the same material. Those newsracks located on public property shall be of the same color. however on private property this restriction shall not apply. 4. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed eiqht (8) feet in lenqth. 5. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The back of a newsrack shall not be located aqainst the back of another newsrack. 6. Newsracks and modular newsracks shall be of uniform material and where located on public property shall be finished with muted. earthtone and uniform color. D. Construction Requirements. All types of newsracks must be appropriately anchored or secured from potential hazards. in accordance with current enqineerinq standards. and may be anchored to any concrete pad located in the public riqht-of-way provided all other proyisions are met. E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and Downtown Districts. All types of newsracks located in the Tourist and Downtown Districts shall be subiect to the applicable adopted desiqn quidelines qoverninq Clearwater Beach and Downtown. The Community Development Coordinator may extend the allowable lenqth and heiqht of modular newsracks. provided the newsracks are compatible in terms of location. heiqht and lenqth with the surroundinq environment. Section 12. Article 5. Decisions Making and Administrative Bodies, Section 5- 202 is hereby amended by reYising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seven reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board. the city commission shall seek a membership with diverse economic, social and 20 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successiye term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. The alternate community development board member shall serve at the pleasure of the city commission for a four year term and may be reappointed for one successive term. In the event the alternate member is appointed as a reqular member, the term already served as an alternate shall not be consider part of the allowable term as a reqular member. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 13. Article 5, Decisions Making and Administrative Bodies, Section 5- 203 is hereby amended by reYising as follows: Section 5-203. Meetings, quorum and required vote. A. A regular meeting schedule shall be set by the community development board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community development board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall have all the riqhts and responsibilities of a reqular member. All actions of the board shall require the concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meetinq or durinq an aqenda item when a reqular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. 21 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 14. Article 8, Definition and Rules of Construction, Section 102 is hereby amending by adding the following definitions: Newsrack means a self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of one newspaper, periodical, advertising circular or other publication. Newsrack, modular means a newsrack designed as an integrate unit with two or more compartments to display, sell or distribute two or more newspapers, periodicals, advertising circulars or other publications. Section 15. 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 City Clerk Leslie Dougall-Sides Assistant City Attorney 22 Ordinance No. 6680-01 Revised for 2-20-01 Meeting ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 5 DESIGN STANDARDS, SECTION 3-501 TOURIST DISTRICT BY INCORPORATING THE DESIGN GUIDELINES ESTABLISHED IN BEACH BY DESIGN BY REFERENCE; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redeyelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Deyelopment Code and has identified development standards which need amendment; and Revised Ordinance No. 6680 -01 Revised for 03-22-01 Meeting WHEREAS, the Community Deyelopment Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LOR" District Flexible Standards is hereby amended by revising the deyelopment standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LOR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LOR" District Flexible Standard Deyelopment Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft. ) (ft.) Street (sq. ft.) (ft. ) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit Dwellings -20,000 100 Residential I nfill n/a n/a 10- - 0- -1 5 0- -1 5 30 1/unit Proiect 25 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria specified in Section 2-103((B) 2 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting Flexibility criteria: * * * * * * * * * B. Residential infill projects. 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill project application. 2. The development or redeyelopment of the parcel proposed for development is otherwise impractical without deyiations from the intensity and other deyelopment standards; 3. The deyelopment of the parcel proposed for development as a residential infill project will not materially reduce the fair market yalue of abuttinq properties; 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adiacent land uses; 6. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 7. The desiqn of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width, required setbacks, heiqht, off-street parkinq access or other deyelopment standards are justified by the benefits to community character and the immediate yicinity of the parcel proposed for development and the City of Clearwater as a whole. B-C. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which fiye years after installation will substantially obscure the fence or wall and the above ground structure. 3 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting I ' Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Deyelopment Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft. ) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit Dwellinqs Detached 5,000 50 15--25 5 5--15 30 2/unit Dwellinqs n/a n/a 10 --25 0--5 0--15 30 1/unit Residential Infill Proiects Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure Facilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Diyision 8, Section 3-805 and Diyision 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria set forth in Section 2-203(C). 4 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting Flexibility criteria: * * * * * * * * * * C. Residential infill proiects: 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill project application. 2. The deyelopment or redeyelopment of the parcel proposed for deyelopment is otherwise impractical without deviations from the intensity and other deyelopment standards; 3. The deyelopment of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market yalue of abuttinq properties; 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 7. The desiqn of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width, required setbacks. heiqht. off-street parkinq access or other development standards are justified by the benefits to community character and the immediate yicinity of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No aboye ground structures are located adjacent to a street right-of-way; 2. Any aboye ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which fiye years after installation will substantially obscure the fence or wall and the aboye ground structure. 5 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting I - Section 3. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Development Standards is hereby amended by reYising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 4. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by reYising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for manager's office. Section 7. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that deyelopment be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Deyelopment Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and qoyerned by a special area plan approved by the City Commission and the Countywide Planninq Authority. maximum development potential shall be as set forth for each classification of use and location in the approved plan. Section 8. Article 3, Development Standards, Division 5 Design Standards, Section 3-501, Tourist District Is hereby reyised as follows: Section 3-501 Tourist District [Reserved]. The desiqn quidelines for deyelopment in the Tourist District located within the boundaries qoverned by Beach by Desiqn are hereby incorporated by reference. 6 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting Section 9. Article 5, Decisions Making and Administratiye Bodies, Section 5-202 is hereby amended by reYising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seyen reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. The alternate community deyelopment board member shall serve at the pleasure of the city commission for a four year term and may be reappointed for one successiye term. In the event the alternate member is appointed as a reqular member, the term already served as an alternate shall not be consider part of the allowable term as a reqular member. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the proYisions of section 2.066 of the city's code. Section 10. Article 6, Decisions Making and Administratiye Bodies, Section 5- 203 is hereby amended by revising as follows: Section 5-203. Meetings, quorum and required vote. A. A regular meeting schedule shall be set by the community development board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community deyelopment board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall haye all the riqhts and responsibilities of a reqular member. All actions of the board shall require the 7 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meetinq or durinq an aqenda item when a reqular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. Section 11. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 8 Revised Ordinance No. 6680-01 Revised for 03-22-01 Meeting e e CDB Meeting Date: Case Number: Agenda Item: February 20,2001 T AOO-12-06 B-5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6680-01 UPDATE: This case was continued by the Community Development Board at its January 23, 2001 meeting at the request of staff. Revisions were made to the proposed news rack provisions that require the use of metal newsracks in certain circumstances and impose limitations on newsrack colors. Editorial and organizational revisions were also made to the commercial and multi-use docks requirements. INITIATED BY: Planning Department BACKGROUND INFORMATION: After the passage of the expanded newsrack requirements in Ordinance No. 6526-00, representatives of the publishers requested relief for approximately 300 newsrack locations. Planning Department staff agreed to review the new requirements and revise them if and where appropriate. Staff is requesting the Board to consider amending the newsrack provisions, as well as addressing residential infill projects, revising parking requirements for self storage facilities, allowing approved special area plan provisions to supersede development potential enumerated for the Tourist District, revising and reorganizing docks requirements, and adding an alternate board member to the Community Development Board. All of these 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. 6680-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. Revised for 2-20-01 CDB Meeting 1 e e 1. Residential IntilI Project (Pages 2 - 10 of proposed ordinance.) Staff is proposing amendments to the Low Density Residential (LDR) Zoning District that make residential infill projects for single family detached dwellings a flexible standard use. Staff is also proposing to make residential infill projects for all permitted uses in the Low Medium Density Residential District a flexible standard use instead of a flexible development use. Since the new Community Development Code went into effect in 1999, the Board has reviewed twenty-one residential infill requests in the LDR and LMDR Districts and approved all twenty-one applications. Objection letters from neighboring property owners were received for two of those cases and one letter of support was received for one other request. Due to the fairly large number of requests and the relatively minor nature of most requests, staff is proposing these amendments. It should be noted that no changes are proposed to the development standards and flexibility criteria that currently apply to residential infill projects, except that in the LDR District, the only use eligible for flexible standard application is single family dwellings. 2. Parking for Self Storage Facilities (Page 10 of the proposed ordinance.) Staff is proposing to revise the parking requirements for self-storage facilities. Upon site plan review of a proposed self-storage facility, staff found that existing parking standards do not adequately reflect the parking demand generated by this use. The current requirements in the Commercial (C) and Industrial, Research and Technology (IRT) Districts require parking to be based on land area. In actuality, parking demand for self-storage facilities is based on the number of storage units located within a facility; therefore, staff is proposing parking requirements to be based on the number of storage units instead of the size of the site. In the C District, staff is proposing to change the requirement from one to ten spaces per 1000 square feet of land area to one space per twenty units plus two for the manager's office in Table 2-704. In the IR T District, minimum standard development provisions for self-storage facilities in Table 2-1302 require two spaces per 1000 square feet of gross floor area. Staff is proposing to change this to one space per twenty units plus two for the manager's office. Existing parking standards for flexible standard development self-storage facilities in the IRT District in Table 2-1030 are the same as the requirements for minimum development. Staff is proposing to revise these requirements to one space per fifteen to twenty units plus two for the manager's office. Staff is also proposing the same standards for flexible development self-storage facilities in the IRT District in Table 2-1304. 3. Maximum Development Potential in the Tourist District (Page 10 of the proposed ordinance. ) Staff is proposing to add a provlslOn to Code Section 2-801.1 that permits development potential for land governed by an approved special area plan within the Tourist (T) District to be governed by such approved plan. The purpose of the amendment is to permit the requirements of Beach by Design, if approved, to govern Revised for 2-20-01 CDB Meeting 2 e e land use and development potential in the area of Clearwater Beach that is zoned T and included in the Plan. 4. Docks (Pages 11 - 16 of the proposed ordinance.) Staff is proposing to amend the dock regulations found in Code Section 3-601. While several of the revisions are substantive, many are primarily organizational in nature. Staff is proposing to make changes in the administrative review procedures. Staff is proposing to eliminate the need for a Clearwater building permit for a dock; the Clearwater Building Department has never inspected dock construction because the Pinellas County Water and Navigation Control Authority has this authority. Staff is also proposing to remove the Harbormaster from the dock review process because Pinellas County Water and Navigation Control Authority has final authority on navigational issues. The reviews performed by the Clearwater Building Department and Harbormaster are duplicative because the Pinellas County Water and Navigation Control Authority has final authority. Finally, staff is proposing that docks only require approval from the Clearwater Community Development Coordinator, prior to issuance of a permit by the Pinellas County Water and Navigation Control Authority. Staff is also proposing to reorganize the existing regulations into sections specifying requirements for docks serving single-family dwellings and commercial and multi- use docks. Currently the dock regulations make no provisions for commercial and multi-use docks. Staff is also adding a mechanism for property owners to obtain deviations from requirements for new docks by having a process whereby if neighbors agree to proposed deviations and the criteria is met, staff can approve the deviations. If neighbors cannot agree, an application can be made to the Community Development Board for a Level Two approval. Currently, the regulations only permit deviations for existing docks. There are many legitimate environmental reasons that deviations to the dimensional requirements should be made and often are actually required by the Pinellas County Water and Navigation Authority. 5. Newsracks (Pages 16- 20 and 21 of the proposed ordinance.) Staff is proposing to amend the newsrack provisions in Code Section 3-909 by reorganizing the entire section into five subsections and revising some of the requirements. Staff is proposing to reduce the separation requirement between all types of news racks from 300' to 100'. The proposed amendments would permit two newsracks to locate side by side provided the racks are metal and are of the same color. If more than two newsracks locate side by side, a metal modular newsrack will be required. Staff is also proposing to require all newsracks in the Tourist and Downtown Districts to comply with any design guidelines governing Clearwater Beach and Downtown. The Community Development Coordinator is also granted authority to approve deviations to the length and height of modular newsracks in these districts. Lastly, staff is proposing to amend Code Section 8-102 by including definitions of newsracks and modular newsracks. Revised for 2-20-01 CDB Meeting 3 e e 6. Alternate Community Development Board Member (Pages 20- 21 of the proposed ordinance.) Staff is proposing amendments to Code Sections 5-202 and 5-203 that will add one alternate member to the Community Development Board. This proposal specifies that the alternate member is able to participate in meetings in order to establish a quorum, participate in the absence of a regular member or during an agenda item when a regular member cannot vote due to a conflict of interest. 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 making residential infill projects a flexible standard development will further the goal of renewing declining areas and stabilizing built-up neighborhood by allowing residential infill projects with a staff approval instead of Board approval. Allowing special area plans which govern land within the Tourist District to establish uses and development potential will focus site planning efforts on renewing declining areas and stabilizing built-up neighborhoods. Relying on special area plans to guide development will also encourage infill and support economic development efforts. . Policy 2.1.1 - "Renewal of the beach tourist district shall be encouraged through the use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and establishment of a community redevelopment area or areas Allowing approved special area plans to govern development potential in the Tourist District will implement a community redevelopment plan for the beach. . Policy 2.2.1 - "On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible." Revised for 2-20-01 CDB Meeting 4 e e The provisions making residential infill projects more accessible will promote infill development and neighborhood investment. By making the site plan review process less formalized, less costly and less timely, some property owners will be encouraged to move forward with infill development. . Objective 22.3 - "To City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. The proposed dock provisions permit deviations based on environmental concerns. This will allow flexibility in locating docks in order to better protect wildlife and natural vegetation found in the Intracoastal Waterway. . Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review process and environmental management site inspections. The proposed dock provisions permit deviations to requirements to protect environmentally sensitive areas. This will further the City's ability to locate docks in a manner to protect natural resources. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise zoning district standards found in Article 2, maximum development potential in the Tourist District, docks, and newsracks and creates an alternate Community Development Board member. The proposed amendments are consistent with the following purposes of the 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 1-1 03( 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 Revised for 2-20-01 CDB Meeting 5 . . . 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 residents with an easier and faster development review process for residential infill projects, more appropriate parking requirements for self storage facilities, the ability for approved special area plans to govern development potential in the Tourist District, more comprehensive and less cumbersome dock regulations that eliminate duplicative governmental review, reasonable separation requirements and aesthetic control of newsracks and increased efficiency of the Community Development Board through the addition of an alternate board member. The Planning Department Staff recommends APPROVAL of Ordinance No. 6680-01 that revises the Community Development Code. Prepared by: Gina L. Clayton (() ATTACHMENT: Proposed Ordinance No. 6680-01 Revised for 2-20-01 CDB Meeting 6 e . ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARITCLE 3, DEVELOPMENT STANDARDS, SECTION 3-909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and Ordinance No. 6680 -01 e e WHEREAS, the City of Clearwater has conducted an in-depth reyiew of the Community Deyelopment Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reyiewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Deyelopment Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LDR" District Flexible Standard Deyelopment Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit Dwellings -20,000 100 Residentiallnfill n/a n/a 10- - 0- -1 5 0- -15 30 1/unit Proiect 25 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. 2 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria specified in Section 2-1 03( (8) Flexibility criteria: ********* B. Residential infill proiects. 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill proiect application. 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market value of abuttinq properties; 4. The uses within the residential infill proiect are otherwise permitted in the district; 5. The uses within the residential infill proiect are compatible with adiacent land uses; 6. The development of the parcel proposed for development as a residential infill proiect will upqrade the immediate vicinity of the parcel proposed for development; 7. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width. required setbacks, heiqht. off-street parkinq access or other development standards are iustified by the benefits to community character and the immediate vicinity of the parcel proposed for deyelopment and the City of Clearwater as a whole. B-C. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any aboye ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from yiew by a landscaped opaque wall or fence which is at least two-thirds the height of the aboye ground structure and shall be landscaped with trees and hedges 3 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e which fiye years after installation will substantially obscure the fence or wall and the above ground structure. Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit Dwellinqs Detached 5,000 50 15--25 5 5--1 5 30 2/unit Dwellings n/a n/a 10 --25 0--5 0--15 30 1/unit Residential I nfill Proiects Utilityl n/a n/a 25 10 15 n/a n/a Infrastructure Facilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are Quidelines and may be varied based on the criteria set forth in Section 2-203(C). 4 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Flexibility criteria: * * * * * * * * * * C. Residential inti" proiects: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market value of abuttinq properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adiacent land uses; 5. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 6. The desiqn of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in reqard to lot width, required setbacks. heiqht, off-street parkinq access or other deyelopment standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from yiew by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the aboye ground structure. Section 3. Article 2, Zoning Districts, Section 2-204, "LDR" District Flexible Development Standards is hereby amended by reYising the development standards table and flexibility criteria by deleting Residentiallnfill Projects as follows: 5 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 2-204. Flexible development. The following Leyel Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear (1 ) Attached 10,000 100 25 5 15 30 1.5/unit DwellinQs Detached 3,000-- 25--50 15--25 2--5 5-15 30 2/unit DwellinQs 5,000 Non- n/a n/a 25 10 10 n/a n/a Residential Off Street ParkinQ Parks and n/a nla 35 20 25 30 1 per 20,000 Recreation SF land area Facilities oras determined by the Community Developmen t Director based on ITE Manual standards Rosidenti31 RIa RIa 10 25 G---a 0 15 JQ 4AH=Ht ffifiU - Schools 40,000 200 35 25 15 30 1/3 students ill Waterfront detached dwellings in LMDR District should be 25 feet except as proYided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. 6 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e (2) Tho dovolopment stmd3rds for residenti31 infill pra:jocts 3m guidolinos 3nd m3Y bo v3riod b3sod on the criteri3 sot forth in Section 2 20-1 (E) Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a corner lot and is vacant on the date of adoption of this Development Code; 2. The buildings are designed with front setbacks on both streets; 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; 4. No more than two dwelling units front on a single street; 5. The deyelopment of attached dwellings does not require the remoyal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improyed parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Minimum lot size per dwelling of less than 5,000 square feet is an existing lot or a lot size of less than 5,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; 2. Access is provided to each lot by frontage on a public street or by an easement of access at least 15 feet in width; 3. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot; 7 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; 5. Rear setback: a. The reduction in rear setback will allow for the preservation of existing yegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or c. The reduction results in an efficient house layout. 6. Side setback: The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved. C. Non-residential off-street parking. 1 The parcel proposed for deyelopment is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non- residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2 No off-street parking spaces are located in the required front setback for detached dwellings in the LMDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for deyelopment and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3 Off-street parking spaces are screened by a wall or fence of at least three feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4 All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5 All parking spaces shall be surface parking. 8 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e D. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be use for passive recreational purposes. E. Rosidontial inti!! projocts. 1. Tho dovelopment or redevelopment of the parcel proposed for development is otherwise impr3ctic31 'Nithout devi3tions from the intensity and other development st3nd3rds; 2. The development of the p3rcel proposed for dovelopment 3S 3 residential infill project will not m3teri3l1y reduce the f3ir market v31ue of 3butting properties; 3. Tho uses 'Nithin the residenti31 infill project 3re otherwise permitted in the district; '1. The uses within the residential infill project 3re comp3tible with adj3cent 13nd ~ 5. The development of the p3rcel proposed for development 3S a residenti31 infill project will upgr3de the immedi3te vicinity of the parcel proposed for development; 6. The design of the proposed residenti31 infill project creates 3 form and function which enh3nces the community ch3r3cter of the immedi3te vicinity of the p3rcol proposed for development 3nd the City of Cle3rw3ter as a 't.'hole; 7. Flexibility in reg3rd to lot width, required setb3cks, height, off street p3rking, 3ccess or other development st3nd3rds 3re justified by the benefits to community ch3r3cter and the immediate vicinity of the p3rcel proposed for development 3nd the City of Cle3rv.'ater 3S 3 whole. ~E. Schools. 1. The parcel proposed for development fronts on a major arterial street; 9 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. Section 4. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Development Standards is hereby amended by revising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Development is hereby amended by reYising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15 - 20 units plus 2 for manager's office. Section 7. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15-20 units plus 2 for manager's office. Section 8. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and qoverned by a special area plan approved by the City Commission and the Countywide Planninq Authority. maximum development potential shall be as set forth for each classification of use and location in the approyed plan. 10 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 9. Article 3, Development Standards, Section 3-601, Dock/Marina Standards is hereby revised as follows: Section 3-601. Docks. /\. Pormit required. All docks which are proposed to be constructed, added to, or structurally alto red shall obtain a building permit and a permit from Pinellas County. B. Procodures. An application for a building permit f{)r the construction, addition or structural alteration of a dock shall be referred to the City's Harbormaster to determine the impact of the dock on navigation. If the Harbormaster determines that the construction, addition or structural alteration '.vill not adversely affect navigation, the application shall be referred to the community development coordinator to be considered as a level one approval in accordance with the provisions of Article '1 Division ~ C. Repair. 1. Repair or replacement of any residential dock, catv.'alk, or portion of a dock or catwalk that involves 50 percent or more of the dock, catwalk or boat lift shall required that the dock, catwalk, or boat lift conform to the length, width and position requirements of this division. 2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to fall into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person who may INalk thereon, such structure shall be either removed or repaired so as to conform with the requirements of this division. D. Docks, boat fift and sONice catwalk sotbacks. Docks must be located in the center one third of the lot or 20 feet from any extended property line, whichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be constructed on the property line provided that all the other standards of this divisions are met. Boat lifts and service catwalks (three feet maximum width) shall be a minimum of ten feet from any extended property line. E. Longth:. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterv.'ay or half of the width of the property on 'A'hich the dock is to be located, whichever is less. F. lI'-1idth. The width of a dock shall not exceed 35 percent of the width of the property, measured at the waterfront or 50 feet, whichever is less. 11 Ordinance No. 6680-01 Revised for 2-20-01 Meeting . e G. Tie pole setbacks. ^ minimum of one foot setback from any extended property line must be m3int3ined. No tie pole Sh311 be allowed to project into the n3'.'ig3ble portion of 3 \V3ter.v3Y more th3n 25 percent of such w3terw3Y. H. Cover boat lifts. 1. Covered boat lifts 3re permitted provided a perm3nent and solid roof deck is constructed \Nith materials such as asph31t shingles, metal, tile or 'Nood. C3nvas and C3nV3S like materi3ls 3re prohibited. 2. Vertic31 sidewalls for b03t lifts are prohibited. I. Single pile davits and personal Ylatercraft fffts. Exempt from the setback criteria so long as such d3'.'its and lifts are contained entirely within the extended property lines. J. Number of sUps. No dock shall provide more than 1\\'0 slips for the mooring of ple3sure craft, except 3S houseb03ts may otherwise be permitted consistent INith Chapter 33 of the City's Code, which slips Sh311 be f{)r the exclusive use of the residents of the contiguous upland property. K. Personal watercraft Uff:s are not considered to be boats slips. L. Existing docks and !ms. 1 . New b03t lifts inst311ed in previously permitted wet slips are exempt from setback standards so long as such lifts 3re entirely cont3ined within the extended property lines. 2. Rep3irs. a. Repairs to 3 dock, including mooring piles, require a permit. b. Repairs to 3 permitted b03t lift Sh311 not required 3 permit unless pilings are replaced. Repaired or reconstructed boats lifts shall not h3ve enclosed sides. c. Repairs to or repl3cement of deck boards only do not require 3 permit. This exemption does not apply to any support structures such 3S stringers, caps or floaters. All deck boards must meet the minimum construction criteria of Section 166.332(7), Pinell3s County regulations. 12 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 3. The harbormaster may approve devi:Jtions to these standards contingent upon one or more of the follm.ving: a. Approval of the proposed deviation by the affected adjacent property o'.vner(s)who must sign and notarize the proposed construction plan as having no objection. b. An independent evaluation by the harbormaster's office that no navigational or riparian rights conflicts will occur due to the proposed construction. c. Property configuration and circumstances that preclude placement of reasonable dock structures within the above requirements. M. Publicly owned f:Jcilities. Roofed structures shall be permitted on publicly O\vned board'Nalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. A. City Approval and Pinel/as County Water and NaviGation Control Authority Permit ReGuired. All docks which are proposed to be constructed. added to. or structurally altered shall receiye approyal by the City and obtain a permit from the Pinellas County Water and Nayiqation Control Authoritv. B. City Approval Procedures. Review and approval bv the Community Development Coordinator shall be required prior to the issuance of a permit from the Pinellas County Water Nayiqation Control Authority, Such approval shall be considered a level one (minimum standard approval) or level two (flexible deyelopment) approval in accordance with the provisions of Article 4 Divisions 3 and 4. C. New Docks. 1. Docks. boatlifts and service catwalks that serve sinGle-family or two-family dwellinas. a. Setbacks. A dock shall be located in the center one-third of the lot or 20 feet from any property line as extended into the water. whichever is less. unless the dock is proposed to be shared bv adioininq properties whereupon the dock may be constructed on the common property line proyided that all other standards of this division are met. Boatlifts and service catwalks shall be a minimum of ten feet from any property line extended into the water. Tie poles shall be setback a minimum of one foot from any extended property line. Sinqle pile davits and personal watercraft lifts are exempt from these setback requirements provided they are contained entirelv within the extended property lines. 13 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e - b. Lenath. The lenqth of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Tie poles may extend beyond the dock provided such poles do not exceed 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of docks, includinq boatlifts, shall not exceed 35 percent of the width of the property measured at the waterfront property line or 50 feet, whichever is less. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Number of slips. No dock shall provide more than two slips for the moorinq of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusiye use of the residents of the contiquous upland property. Personal watercraft lifts are not considered to be boat slips. f. Width of Catwalks. Service catwalks shall not exceed three feet in width. g. Deviations. Deviations from the requirements of this section may be qranted by the Community Deyelopment Coordinator based on one of the followinq reasons: i. mean low water depth is not sufficient to accommodate a typical sized boat; ii. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Naviqation Control Authority: or iii. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deviations may be qranted as a Level One approval (minimum standard) proyided that siqned and notarized statements of no obiection are submitted from adiacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Nayiqation Control Authority permit application. In the event statements from the 14 Ordinance No. 6680-01 Reyised for 2-20-01 Meeting e e adjacent property owners can not be obtained, such deviations may be reyiewed by the Community Deyelopment Board as a Level Two application. 2. Commercial and multi-use docks. a. Setbacks. All commercial and multi-use docks shall be located so that no portion of such dock is closer to any property line as extended into the water than ten percent of the applicant's property width measured at the waterfront property line. Multi-use private and commercial docks abuttinq adjacent waterfront sinqle-family or two-family property must be setback a minimum of one-third (1/3) of the applicant's waterfront property width from the adjacent waterfront sinqle-family or two-family property. b. Lenath. The lenqth of commercial and multi-use docks shall not extend from the mean hiqh water line or seawall of the applicant's property more than seventy-five percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of commercial and multi-use dockinq facilities shall not exceed seyenty-fiye percent of the width of the applicant's property measured at the waterfront property line. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal, tile or wood. Canvas and canyas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Deviations. Deviations from the requirements of this section may be qranted by the Community Deyelopment Coordinator based on one of the followinq reasons: i. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Naviqation Control Authority; or 15 Ordinance No. 6680-01 Reyised for 2-20-01 Meeting e e III. property confiquration and circumstances preclude the placement of reasonable dock structures within the aboye requirements. Deviations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no obiection are submitted from adiacent waterfront property owners. as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority. In the eyent statements can not be obtained. such deviations may be reviewed by the Community Development Board as a Level Two application. D. Existinq docks and lifts and repairs. 1. Existinq docks and lifts. New boat lifts installed in preyiously permitted wet slips are exempt from setback standards so lonq as such lifts are entirely contained within the property lines as extended into the water. 2. Repairs. a. Any repair made to an existinq approved dock that does not extend. enlarqe or substantially chanqe the location of any portion of the dock does not require review and approval by the Community Development Coordinator however. a permit may be required by the Pinellas County Water and Naviqation Control Authority. If. however. such repair enlarqes. extends. or substantially chanqes the location of any portion of the dock. such repair shall require the review and approval by the Community Development Coordinator prior to the issuance of a permit by the Pinellas County Water and Naviqation Control Authority. The review of a substantial repair shall be pursuant to the standards described in this section. b. If any dock. seawall, bulkhead. private bridqe. or marina falls into a state of disrepair and becomes a danqerous structure creatinq an unreasonable risk of bodily iniury to any person who may walk thereon. such structure shall be either removed or repaired so as to conform with the requirement of this diyision. E. Publiclv owned facilities. Roof structures shall be permitted on publicly owned boardwalks. observation platforms. elevated nature trails and other such structure not intended for use as a dock facility. Vertical walls shall not be allowed. 16 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e Section 10. Article 3, Deyelopment Standards, Section 3-909 Newracks, is hereby amended by reYising newsracks as follows: 1\. Genera! Pro'lisions. 1\11 newsracks shall comply with the following general provisions. 1. No nmvsrack shall obstruct the flow of pedestri3n or vehicular traffic. 2. No newsrack shall be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon entering or exiting a right of way. 3. No newsrack shall be located in a visibility triangle 1. No ne'Nsrack shall reduce the 'Nidth of a side':.'alk or travel route below AnA . t , ,u, , reqUlremen s. 5. No newsrack shall be used f{)r advertising purposes other than advertising for the publication being distributed or sold. 6. No newsrack shall be chained, bolted, or attached in any other manner to a utility pole, traffic sign or other fixture. 7. Ne\vsracks shall be maintained in a neat and clean condition and in good repair at all times. 8. The telephone number of a v.'orking telephone service shall be affixed to each newsrack in a readily visible place so that reports of malfunctioning newsrack can be made and violations of these provisions can be reported. 9. The location of any ne'Nsrack shall not block the viev.' of any historic building or scenic vista or major City entryway. B. /\dditiona! requirements for newsracks locatod on public rights of v/ay. 1. No portion of any nO'.vsrack shall be installed or maintained upon or over any part of a roadv.'ay or bicycle path. 2. Newsracks may be located upon a side\Nalk in excess of five (5) feet in width, at the edge of the sidewalk and on either side of the sidewalk but not directly opposing another ne'Nsrack, and fronting tmvards the center of the sidewalk. Hmvever, a newsrack shall not be installed or maintainod 'Nithin five (5) feet of a curb or the edge of roadway pavement. 3. If the sidev.'alk adjoins a landscaped area of the public right of 'Nay of a sufficient size to fully and lawfully accommodate a nmvsrack, and if the 17 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e sidev.'alk is five feet or less in width, the Community Development Coordinator may approve the location of a ne'A'srack provided such newsrack be place upon a wire reinforced concrete pad, f.our inches thick or greater, of sufficient size to support the based of the newsrack, or other reasonable alternative measures approved by the City Engineer. The front of any ncwsrack located in landscaped areas of the public right of 'Nay shall face to'Nards the side'Nalk. 1. Ne'Nsracks may be anchored to any concrete pad located in the public right of ':.'ay. 5. Nswsracks shall not exceed fifty five (55) inches in height. 6. Single newsracks may be located every 100 feet. 7. Combination of multi stand free and pay nmvsracks may be located side by side providod the total length of such racks does not exceed six (6) feet. ,^. distance of 300 feet shall separate such combination of racks. B. ,I1.dditiona! Provisions for C, T, and D Districts. In the Commercial, Tourist and Downtovm Districts, the allowable length of combination ne'Nsracks may be extended through the flexible standard development revis'.\' process provided the ne'Nsracks meet the following criteria; 1. The newsracks are integrated into a pedestrian area; 2. The location of tho nswsracks provides convenient pedestrian access; 3. The ne'Nsracks are visually screened; 1. The ne'Nsracks do not obstruct the flmN of pedestrian or vehicular traffic; and 5. The newsracks are compatible with surrounding activities. A. General Requirements for Newsracks and Modular Newsracks 1. Newsracks and modular newsracks may be located either on private property or within the public riqht-of-way. 2. Newsracks and modular newsracks shall be maintained in a neat and clean condition and in Qood repair at all times. 3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or vehicular traffic. 18 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 4. No newsrack or modular newsrack shall be installed or maintained upon or over any part of a roadway or bicycle path or be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon enterinq or exitinq a riqht-of-way. 5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less than four (4) feet. 6. No newsrack or modular newsrack shall be used for advertisinq purposes other than advertisinq for the publication beinq distributed or sold. 7. No newsrack or modular newsrack shall be chained, bolted or attached in any other manner to a utility pole, traffic siqn or other fixture located in the public riqht-of-way. 8. The telephone number of a workinq telephone service of a representatiye of the publication shall be affixed to each newsrack or modular newsrack in a readily yisible place so that reports of malfunctioninq newsracks/modular newsracks can be made and yiolations of these provisions can be reported. B. Location of Newsracks and Modular Newsracks. 1. No news rack or modular newsrack shall be located in a visibility trianqle or within five (5) feet of a curb of the edqe of roadway pavement. 2. The location of any newsrack or modular newsrack shall not block the view of any historic buildinq or scenic vista or maior City entrvway. 3. The front of any newsrack located in landscaped areas of the public riqht-of-way or on a public sidewalk shall face toward the sidewalk and/or away from the street. C. Heiqht, Desiqn, and Separation Requirements for Newsracks and Modular Newsracks. 1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks shall not exceed fifty-fiye (55) inches in heiqht. 2. A 100 foot radius separation shall be maintained between all types of newsracks, except that two metal newsracks may be located side by side provided such newsracks are the same color. If three or more publications are qrouped toqether in a sinqle location, such publications shall be located in a metal modular newsrack. 3. Modular newsracks may be used in combination provided that such racks located at the same location are of the same color and material. 19 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e 4. Any sinqle modular newsrack or any qroupinq of modular newsracks shall not exceed eiqht (8) feet in lenqth. 5. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The back of a newsrack shall not be located aqainst the back of another newsrack. 6. Newsracks and modular newsracks shall be of uniform material and where located on public property shall be finished with muted, earthtone and uniform color. D. Construction Requirements. All types of newsracks must be appropriately anchored or secured from potential hazards, in accordance with current enqineerinq standards, and may be anchored to any concrete pad located in the public riqht-of-way proyided all other proyisions are met. E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and Downtown Districts. All types of newsracks located in the Tourist and Downtown Districts shall be subiect to the applicable adopted desiqn quidelines qoverninq Clearwater Beach and Downtown. The Community Development Coordinator may extend the allowable lenqth and heiqht of modular newsracks, provided the newsracks are compatible in terms of location, heiqht and lenqth with the surroundinq enyironment. Section 11. Article 5, Decisions Making and Administrative Bodies, Section 5- 202 is hereby amended by revising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seven reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diyerse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular members of the community deyelopment board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. The alternate community development board member shall serve at the pleasure of 20 Ordinance No. 6680-01 Revised for 2-20-01 Meeting . e the city commission for a four year term and may be reappointed for one successiye term. In the eyent the alternate member is appointed as a reqular member, the term alreadv served as an alternate shall not be consider part of the allowable term as a reqular member. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 12. Article 5, Decisions Making and Administrative Bodies, Section 5- 203 is hereby amended by revising as follows: Section 5-203. Meetings, quorum and required vote. A. A regular meeting schedule shall be set by the community deyelopment board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community deyelopment board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall have all the riqhts and responsibilities of a reqular member. All actions of the board shall require the concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meetinq or durinq an aqenda item when a reqular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. Section 13. Article 8, Definition and Rules of Construction, Section 102 is hereby amending by adding the following definitions: Newsrack means a self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of one newspaper, periodical, adyertising circular or other publication. Newsrack, modular means a newsrack designed as an integrate unit with two or more compartments to display, sell or distribute two or more newspapers, periodicals, adyertising circulars or other publications. Section 14. This ordinance shall take effect immediately upon adoption. 21 Ordinance No. 6680-01 Revised for 2-20-01 Meeting . PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approyed as to form: Leslie Dougall-Sides Assistant City Attorney e Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 22 Ordinance No. 6680-01 Revised for 2-20-01 Meeting e e CDB Meeting Date: January 23,2001 Case: TAOO-12-06 Agenda Item: D7 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION ST AFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6680-01 INITIATED BY: Planning Department BACKGROUND INFORMATION: After the passage of the expanded newsrack requirements in Ordinance No. 6526-00, representatives of the publishers requested relief for approximately 300 newsrack locations. Planning Department staff agreed to review the new requirements and revise them if and where appropriate. Staff is requesting the Board consider amending the newsrack provisions, as well as amendments addressing residential infill projects, revising parking requirements for self storage facilities, allowing approved special area plan provisions to supersede development potential enumerated for the Tourist District, revising and reorganizing docks requirements, and adding an alternate board member to the Community Development Board. All of these 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. 6680-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. 1. Residential InftH Project (Pages 1 - 10 of proposed ordinance.) Staff is proposing amendments to the Low Density Residential (LDR) Zoning District that make residential infill projects for single family detached dwellings a flexible standard use. Staff is also proposing to make residential infill projects for all permitted uses in the Low Medium Density Residential District a flexible standard use instead of a flexible development use. Since the new Community Development 1 e e Code went into effect in 1999, the Board has reviewed twenty-one residential infill requests in the LDR and LMDR Districts and approved all twenty-one applications. Objection letters from neighboring property owners were received for two of those cases and one letter of support was received for one other request. Due to the fairly large number of requests and the relatively minor and uncontested nature of most requests, staff is proposing this amendment to substantially reduce the approval process time frame for single family. It should be noted that no changes are proposed to the development standards and flexibility criteria that currently apply to residential infill projects, except that in the LDR District, the only use eligible for flexible standard application is the single family dwellings. 2. Parking for Self Storage Facilities (Page 10 of the proposed ordinance.) Staff is proposing to revise the parking requirements for self storage facilities. Upon site plan review of a proposed self storage facility, staff found that existing parking standards do not adequately reflect the parking demand generated by this use and require more parking than the use generates. The current requirements in the Commercial (C) and Industrial, Research and Technology (IRT) Districts require parking to be based on land area. In actuality, parking demand is based on the number of storage units located within a facility; therefore, staff is proposing parking requirements to be based on the number of units instead of the site area. In the C District staff is proposing to change the requirement from one to ten spaces per 1000 square feet of land area to one space per twenty units plus two for the manager's office. In the IRT District, minimum standard development provisions for self storage facilities require two spaces per 1000 square feet of gross floor area. Staff is proposing to change this to one space per twenty units plus two for the manager's office. Existing parking standards for flexible standard development self storage facilities in the IRT District are the same as the requirements for minimum development. Staff is proposing to revise these requirements to one space per fifteen to twenty units plus two for the manager's office. Staff is also proposing the same standards for flexible development self storage facilities in the IRT District. 3. Maximum Development Potential in the Tourist District (Page 10 of the proposed ordinance. ) Staff is proposing to add a provIsIOn to Code Section 2-801.1that permits development potential for land governed by an approved special area plan within the Tourist (T) District to be governed by such approved plan. The purpose of the amendment is to permit the requirements of Beach by Design, if approved, to govern land use and development potential in the area of Clearwater Beach that is zoned T and included in the Plan. 4. Docks (Pages 11 - 16 of the proposed ordinance.) Staff is proposing to amend the dock regulations found in Code Section 3-601. While several of the provisions are being revised, the amendments are primarily 2 e e organizational in nature. Staff is proposing to remove the Harbormaster from the review process because Pinellas County Water and Navigation Control Authority has final authority on navigational issues. The review performed by the Harbormaster is duplicative and can be modified or overridden by the Water and Navigation Control Authority. Currently, the dock regulations make no provisions for commercial and multi-use docks. Staff is proposing to reorganize the existing regulations into sections specifying requirements for docks serving single-family dwellings and those requirements for commercial and multi-use docks. Staff is also adding a mechanism for property owners to obtain deviations from requirements for new docks by having a process whereby if neighbors agree to proposed deviations and the criteria is met, staff can approve the deviations. If neighbors cannot agree, an application can be made to the Community Development Board for a Level Two approval. Currently, the regulations only permit deviations for existing docks. Additionally, staff is proposing to eliminate the need for a Clearwater building permit because the Building Department has never inspected dock construction. The Pinellas County Water and Navigation Control Authority has this authority. Staff is also proposing that docks only require approval from the Community Development Coordinator, prior to the issuance of approval by the Pinellas County Water and Navigation Control Authority. 5. Newsracks (Pages 16- 20 and 21 of the proposed ordinance.) Staff is proposing to amend the newsrack provisions in Code Section 3-909 by reorganizing the entire section into five sections and revising some of the requirements. Staff is proposing to reduce the distance requirements between modular newsracks from 300' to 100'. The proposed amendments would permit two newsracks to locate side by side provided the racks are made of the same material and they are the same color. More than two racks together will require use of a modular newsracks. Staff is also proposing to require all newsracks in the Tourist and Downtown Districts to be metal and the same color. Staff is proposing to amend Code Section 8-102 by including definitions of news racks and modular newsracks. 6. Alternate Community Development Board Member (Pages 20- 21 of the proposed ordinance. ) Staff is proposing amendments to Code Sections 5-202 and 5-203 that will add one alternate member to the Community Development Board. This proposal specifies that the alternate member is able to participate in meetings in order to establish a quorum, participate in the absence of a regular member or during an agenda item when a regular member cannot vote due to a conflict of interest. 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. 3 e e 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "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 area, and encourage infill development." The provisions making residential infill projects a flexible standard development will further the goal of renewing declining areas and stabilizing built-up neighborhood by allowing residential infill project with a staff approval instead of Board approval. Allowing special area plans which govern land within the Tourist District to establish uses and development potential will focus site planning efforts on renewing declining areas and stabilizing built-up neighborhood. Relying on special area plans to guide development will also encourage infill and support economic development efforts. . Policy 2.1.1 - "Renewal of the beach tourist district shall be encouraged through the use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and establishment of a community redevelopment area or areas Adding the provision to the Tourist District that permits approved special area plans to govern development potential implements a community redevelopment plan for the beach. . Policy 2.2.1 - "On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible." The provisions making residential infill projects more accessible will promote infill development and neighborhood investment. By making the site plan review process less formalized and less timely, some property owners will be encouraged to move forward with infill development. . Objective 22.3 - "To City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. The proposed dock provisions permit deviations based on environmental concerns. This will permit docks to be constructed in a manner to better protect wildlife and natural vegetation found in the Intracoastal Waterway. 4 e e · Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review process and environmental management site inspections. The proposed dock provisions permit deviations to requirements to protect environmentally sensitive areas. This will further the City's ability to locate docks in a manner to protect natural resources. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise zoning district standards found in Article 2, parking restrictions in the residential districts and sign regulations in Article 3. The proposed amendments are consistent with the following purposes of the Code. . 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 residents with an easier and faster development review process for residential infill projects, more appropriate parking requirements for self storage facilities, the ability for approved special area plans to govern development potential in the Tourist District, more comprehensive and less cumbersome dock regulations that eliminate duplicative governmental review and 5 . e improve design and location guidelines for newsracks, and increased efficiency of the Community Development Board through the addition of an alternate board member. The Planning Department Staff recommends APPROVAL of Ordinance No. 6680-01 that revises the Community Development Code. rJi/ Prepared by: Gina L. Clayto~W" ATTACHMENT: Proposed Ordinance No. 6680-01 6 . e ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARITCLE 3, DEVELOPMENT STANDARDS, SECTION 3-909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and Ordinance No. 6680 -01 . e WHEREAS, the City of Clearwater has conducted an in-depth reyiew of the Community Deyelopment Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LOR" District Flexible Standards is hereby amended by revising the deyelopment standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LOR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LOR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft. ) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit Dwellings -20,000 100 Residentiallnfill n/a n/a 10-- 0--15 0- -1 5 30 1/unit Proiect 25 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. 2 Ordinance No. 6680-01 e e (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The deyelopment standards for residential infill proiects are Quidelines and may be varied based on the criteria specified in Section 2-103((8) Flexibility criteria: * * * * * * * * * B. Residential infill projects. 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill project application. 2. The development or redevelopment of the parcel proposed for deyelopment is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abuttinq properties; 4. The uses within the residential infill proiect are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a residential infill proiect will upqrade the immediate vicinity of the parcel proposed for deyelopment; 7. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width, required setbacks, heiqht, off-street parkinq access or other deyelopment standards are justified by the benefits to community character and the immediate yicinity of the parcel proposed for deyelopment and the City of Clearwater as a whole. B-C. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any aboye ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from yiew by a landscaped opaque wall or fence which is at least two-thirds the height of the aboye ground structure and shall be landscaped with trees and hedges 3 Ordinance No. 6680-01 e e which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the deyelopment standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Leyel One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Deyelopment Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit DwellinQs Detached 5,000 50 15--25 5 5--1 5 30 2/unit Dwellings n/a n/a 10 --25 0--5 0--15 30 1/unit Residential I nfill Proiects Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure F aGilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utilityllnfrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria set forth in Section 2-203(C). 4 Ordinance No. 6680-01 e - Flexibility criteria: ********** C. Residential inti" proiects: 1. The deyelopment or redevelopment of the parcel proposed for development is otherwise impractical without deyiations from the intensity and other deyelopment standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market yalue of abuttinq properties; 3. The uses within the residential infill proiect are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent land uses; 5. The deyelopment of the parcel proposed for development as a residential infill proiect will upqrade the immediate vicinity of the parcel proposed for development; 6. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for deyelopment and the City of Clearwater as a whole; 7. Flexibility in reqard to lot width, required setbacks, heiqht. off-street parkinq access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any aboye ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the aboye ground structure. Section 3. Article 2, Zoning Districts, Section 2-204, "LOR" District Flexible Deyelopment Standards is hereby amended by reYising the development standards table and flexibility criteria by deleting Residentiallnfill Projects as follows: 5 Ordinance No. 6680-01 e e Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear (1 ) Attached 1 0,000 100 25 5 15 30 1 .5/unit Dwellings Detached 3,000-- 25--50 15--25 2--5 5-15 30 2/unit Dwellings 5,000 Non- n/a n/a 25 10 10 n/a n/a Residential Off Street Parking Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the Community Developmen t Director based on ITE Manual standards Residential ft!-a ft!-a 10 25 G-a 0 15 W 4-Am+t ffiHU ~ . . ,~, Schools 40,000 200 35 25 15 30 1/3 students ill Waterfront detached dwellings in LMDR District should be 25 feet except as proYided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. 6 Ordinance No. 6680-01 e e (2) The development standards for residentiJl infill projects are guidelines and may be varied based on the criteria set forth in Section 2 201 (E) Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for deyelopment is a corner lot and is vacant on the date of adoption of this Deyelopment Code; 2. The buildings are designed with front setbacks on both streets; 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; 4. No more than two dwelling units front on a single street; 5. The deyelopment of attached dwellings does not require the removal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for deyelopment; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improyed parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Minimum lot size per dwelling of less than 5,000 square feet is an existing lot or a lot size of less than 5,000 square feet is necessary to the deyelopment or redeyelopment of a vacant lot which would otherwise not be economically feasible; 2. Access is provided to each lot by frontage on a public street or by an easement of access at least 15 feet in width; 3. The volume to lot size ratio of the structures to be deyeloped on the lot is no more than ten percent greater than the ayerage volume to lot size ratio of all existing structures within 500 feet of the lot; 7 Ordinance No. 6680-01 e e 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; 5. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redeyelopment of a substandard structure which would otherwise not be feasible; or c. The reduction results in an efficient house layout. 6. Side setback: The reduction in side setback will allow for the preservation of existing yegetation which could not otherwise be preserved. C. Non-residential off-street parking. 1 The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non- residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2 No off-street parking spaces are located in the required front setback for detached dwellings in the LMDR District or within ten feet, whicheyer is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for deyelopment and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3 Off-street parking spaces are screened by a wall or fence of at least three feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4 All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5 All parking spaces shall be surface parking. 8 Ordinance No. 6680-01 e e D. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. The characteristics of the parcel proposed for deyelopment are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be use for passive recreational purposes. C D ',J t' /. 1':1/ . t c. "es:uen :8, mill. prOj8c S. 1. The development or redevelopment of the parcel proposed f-or development is other\vise impractical 'Nithout deviations from the intensity and other development stand:.lrds; 2. The development of the parcel proposed for de'.'elopment as :.l residential infill project will not materi:.llly reduce the fair market value of abutting properties; 3. The uses 'Nithin the residential infill project :.lre other\\'ise permitted in the district; 1. The uses 'Nithin the residential infill project are comp:.ltible '.\lith :.ldjacent land ~ 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate '.'icinity of the parcel proposed for development; 6. The design of the proposed residential infill project creates a form and function 'Nhich enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearv:ater as :.l whole; 7. Flexibility in regard to lot 'A'idth, required setbacks, height, off street parking, access or other development st:.lndards are justified by the benefits to community char:.lcter and the immediate vicinity of the parcel proposed for development and the City of Cle3r\\'ater 3S :.l whole. ~E. Schools. 1. The parcel proposed for deyelopment fronts on a major arterial street; 9 Ordinance No. 6680-01 e e 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. Section 4. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Deyelopment Standards is hereby amended by reYising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Deyelopment is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15 - 20 units plus 2 for manager's office. Section 7. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by reYising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15-20 units plus 2 for manager's office. Section 8. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District (liT") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Deyelopment Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that haye an area within the boundaries of and qoyerned by a special area plan approved by the City Commission and the Countywide Planninq Authority. maximum development potential shall be as set forth for each classification of use and location in the approved plan. Section 9. Article 3, Deyelopment Standards, Section 3-601, Dock/Marina Standards is hereby reyised as follows: 10 Ordinance No. 6680-01 e e Section 3-601. Docks. ,II,. Permit required. All docks '.\'hich are proposed to be constructed, added to, or structurally altered shall obtain a building permit and a permit from Pinellas County. B. Procedures. An application for a building permit for the construction, addition or structural alteration of a dock shall be referred to the City's Harbormaster to determine the impact of the dock on navigation. If the Harbormaster determines that the construction, addition or structural alteration will not adversely affect navigation, the application shall be referred to the community development coordinator to be considered as a level one approval in accordance with the provisions of Article 4 Division ~ C. Repair. 1. Repair or replacement of any residential dock, cah\'alk, or portion of a dock or cat\valk that involves 50 percent or more of the dock, catwalk or boat lift shall required that the dock, catv.'alk, or boat lift conform to the length, width and position requirements of this division. 2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to f311 into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person 'Nho may walk thereon, such structure shall be either removed or repaired so as to conform 'Nith the requirements of this division. D. Docks, boat lift :md service catwa,lk setbacks. Docks must be located in the center one third of the lot or 20 feet from any extended property line, 'Nhichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be constructed on the property line provided that all the other standards of this divisions are met. Boat lifts and service cat\valks (three feet maximum width) shall be a minimum of ten feet from any extended property line. E. Length:. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property on which the dock is to be located, whichever is less. F. Width. The width of a dock shall not exceed 35 percent of the width of the property, measured at the 'Naterfront or 50 feet, \vhichever is less. G. TIe pote setbacks. 1\ minimum of one f{)ot setback from any extended property line must be maintained. No tie pole shall be allowed to project 11 Ordinance No. 6680-01 e e into the navigable portion of a waterway more than 25 percent of such waterway. H. Cov.or boat Mts. 1. Covered boat lifts are permitted provided a permanent and solid roof deck is constructed '.vith materials such as asphalt shingles, metal, tile or wood. Canvas and canvas like materials are prohibited. 2. Vertical sidmvalls f-or boat lifts are prohibited. I. Singlo pHe davits and persona! vlatorcraft !ffts. Exempt from the setback criteria so long as such davits and lifts are contained entirely within the extended property lines. J. Number of sUps. No dock shall provide more than h\'o slips for the mooring of pleasure craft, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code, which slips shall be f-or the exclusive use of the residents of the contiguous upland property. K. Persona! watercraft Iffts are not considered to be boats slips. L. Existing docks and lifts. 1 . New boat lifts installed in previously permitted wet slips are exempt from setback standards so long as such lifts are entirely contained within the extended property lines. 2. Repairs. a. Repairs to a dock, including mooring piles, require a permit. b. Repairs to a permitted boat lift shall not required a permit unless pilings are replaced. Repaired or reconstructed boats lifts shall not have enclosed sides. c. Repairs to or replacement of deck boards only do not require a permit. This exemption does not apply to any support structures such as stringers, caps or floaters. All deck boards must meet the minimum construction criteria of Section 166.332(7), Pinellas County regulations. 3. The harbormaster may approve deviations to these standards contingent upon one or more of the following: 12 Ordinance No. 6680-01 e e a. ^ppro'lal of the proposed deviation by the affected adjacent property owner(s)who must sign and notarize the proposed construction plan as having no objection. b. ^n independent evaluation by the harbormaster's office that no navigational or riparian rights conflicts will occur due to the proposed construction. c. Property configuration and circumstances that preclude placement of reasonable dock structures 'Nithin the above requirements. M. Publicly owned facilities. Roofed structures shall be permitted on publicly owned boardwalks, observation pi atf{)rms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. A. Citv Approval and Pinel/as Countv Water and Naviqation Control Authoritv Permit Required. All docks which are proposed to be constructed, added to, or structurally altered shall receiye approval by the City and obtain a permit from the Pinellas County Water and Naviqation Control Authority. B. Citv Approval Procedures. Review and approval by the Community Development Coordinator shall be required prior to the issuance of a permit from the Pinellas County Water Nayiqation Control Authority. Such approval shall be considered a level one (minimum standard approval) or leyel two (flexible deyelopment) approval in accordance with the proyisions of Article 4 Diyisions 3 and 4. C. New Docks. 1. Docks, boatlifts and service catwalks that serve sinqle-familv or two-familv dwellinqs. a. Setbacks. A dock shall be located in the center one-third of the lot or 20 feet from any property line as extended into the water, whichever is less, unless the dock is proposed to be shared by adioininq properties whereupon the dock may be constructed on the common property line provided that all other standards of this division are met. Boatlifts and service catwalks shall be a minimum of ten feet from any property line extended into the water. Tie poles shall be setback a minimum of one foot from any extended property line. Sinqle pile davits and personal watercraft lifts are exempt from these setback requirements proyided they are contained entirely within the extended property lines. b. Lenqth. The lenqth of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Tie poles 13 Ordinance No. 6680-01 e e may extend beyond the dock provided such poles do not exceed 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of docks, includinq boatlifts. shall not exceed 35 percent of the width of the property measured at the waterfront property line or 50 feet. whichever is less. d. Covered boatlifts. Covered boatlifts are permitted proyided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal. tile or wood. Canvas and canyas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Number of slips. No dock shall proyide more than two slips for the moorinq of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiquous upland property. Personal watercraft lifts are not considered to be boat slips. f. Width of Catwalks. Service catwalks shall not exceed three feet in width. g. Deviations. Deviations from the requirements of this section may be qranted by the Community Deyelopment Coordinator based on one of the followinq reasons: I. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitiye areas as required by the Pinellas County Water and Naviqation Control Authority; or III. property confiquration and circumstances preclude the placement of reasonable dock structures within the aboye requirements. Deviations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no obiection are submitted from adiacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority permit application. In the event statements from the adiacent property owners can not be obtained. such deviations may be reviewed by the Community Development Board as a Level Two application. 14 Ordinance No. 6680-01 e e 2. Commercial and multi-use docks. a. Width. Commercial and multi-use dockinq facilities constructed in the waters of the City shall be constructed so that the width of such facilities shall not exceed seventy-five percent of the width of the property at the waterfront property line and shall be further constructed so that the lenqth of the facility shall not extend from the mean hiqh water line or seawall of the property farther than seventy-fiye percent of the width of the property at the waterfront. b. Setbacks. All dockinq facilities must be located so that no portion of the proposed facility is closer to either adiacent extended property line than ten percent of the property width at the waterfront. Multi-use priyate and commercial docks abuttinq adjacent waterfront sinqle- family or two-family property must be setback a minimum of one-third (1/3) of the applicant's waterfront property width from the adjacent waterfront sinqle-family or two-family property. c. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles. metal. tile or wood. Canyas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. d. Deviations. Deviations from the requirements of this section may be qranted by the Community Deyelopment Coordinator based on one of the followinq reasons: i. mean low water depth is not sufficient to accommodate a typical sized boat; ii. the need to protect enyironmentally sensitiye areas as required bv the Pinellas Countv Water and Naviqation Control Authority: or iii. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deviations may be qranted as a Level One approyal (minimum standard) provided that siqned and notarized statements of no objection are submitted from adiacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Nayiqation Control Authority. In the event statements can not be obtained, such deviations may be reviewed by the Community Development Board as a Leyel Two application. 15 Ordinance No. 6680-01 e e D. Existinq docks and lifts and repairs. 1. Existinq docks and lifts. New boat lifts installed in previously permitted wet slips are exempt from setback standards so lonq as such lifts are entirely contained with the property lines as extended into the water. 2. Repairs. a. Any repair made to an existinq approved dock that does not extend. enlarqe or substantially chanqe the location of any portion of the dock does not require review and approval by the Community Development Coordinator however. a permit may be required by the Pinellas County Water and Naviqation Control Authority. If. however. such repair enlarqes. extends. or substantially chanqes the location of any portion of the dock. such repair shall require the review and approval by the Community Development Director prior to the issuance of a permit by the Pinellas County Water and Naviqation Control Authority. b. If any dock. seawall. bulkhead. private bridqe. or marina falls into a state of disrepair and becomes a danqerous structure creatinq an unreasonable risk of bodily iniury to any person who may walk thereon. such structure shall be either removed or repaired so as to conform with the requirement of this division. E. Publiclv owned facilities. Roof structures shall be permitted on publicly owned boardwalks. observation platforms. elevated nature trails and other such structure not intended for use as a dock facility. Vertical walls shall not be allowed. Section 10. Article 3. Development Standards. Section 3-909 Newracks. is hereby amended by revising newsracks as follows: A General Pro'lfsfons. ^II ne'/lsracks shall comply with tho follmving genoral provisions. 1. No nO'Nsrack shall obstruct the flow of pedestrian or vohicular traffic. 2. No newsrack shall be locatod in a mannor that impairs a motor vehicle operator's viow of motor vohicles, bicycles, or podostrians upon ontoring or oxiting a right of way. 3. No ne'....srack shall be locatod in a visibility triangle 1. No nowsrack shall reduce tho width of a sidowalk or travol route bolow AnA . t , ,u, , roqulremen s. 16 Ordinance No. 6680-01 e e 6. No newsrack shall be used for advertising purposes other than advertising f{)r the publication being distributed or sold. 6. No nmvsrack shall be chained, bolted, or attached in any other manner to a utility pole, traffic sign or other fixture. 7. NC'.\'sracks shall be maintained in a neat and clean condition and in good repair at all times. 8. The telephone number of a \Norking telephone service shall be affixed to each ne\\'srack in a readily visible place so that reports of malfunctioning ne'Nsrack can be made and violations of these provisions can be reported. 9. The location of any newsrack shall not block the view of any historic building or scenic vista or major City entryway. B. Additional requirements for neltlsracks tocated on public rights of V'lay. 1. No portion of any nev.'srack shall be installed or maintained upon or over any part of a roadvJay or bicycle path. 2. Newsracks may be located upon a sidewalk in excess of five (5) feet in width, at the edge of the sidewalk and on either side of the sidewalk but not directly opposing another newsrack, and fronting towards the center of the sidewalk. However, a newsrack shall not be installed or maintained '.vithin five (5) f-eet of a curb or the edge of road'Nay pavement. 3. If the side'Nalk adjoins a landscaped area of the public right of way of a sufficient size to fully and lavtfully accommodate a newsrack, and if the sidewalk is five feet or less in width, the Community Development Coordinator may approve the location of a newsrack provided such ne'::srack be place upon a '.vire reinforced concrete pad, four inches thick or greater, of sufficient size to support the b3sed of the newsr3ck, or other reasonable alternative measures approved by the City Engineer. The front of any nev:srack located in landscaped areas of the public right of way shall face towards the sidewalk. 1. NO\~:sracks may be anchored to any concrete pad located in the public right of way. 6. Newsracks shall not exceed fifty five (56) inches in height. 6. Single newsracks may be located every 100 feet. 17 Ordinance No. 6680-01 e e 7. Combination of multi stand free and pay newsracks may be located side by side provided the total length of such racks does not exceed six (6) feet. 1\ distance of 300 feet shall separate such combination of r3cks. B. JI.dditional ProvisIons for C, T, and D DIstricts. In the Commercial, Tourist and DO\~:ntown Districts, the allowable length of combination newsracks may be extended through the flexible standard development revimv process provided the newsracks meet the following criteria; 1. The newsracks are integrated into a pedestrian area; 2. The location of the newsracks provides convenient pedestrian access; 3. The nmvsracks are visually screened; 1. The newsracks do not obstruct the flow of pedestrian or vehicular traffic; and 5. The nm\'sracks are compatible with surrounding activities. A. General Requirements for Newsracks and Modular Newsracks 1. Newsracks and modular newsracks may be located either on private property or within the public riqht-of-way. 2. Newsracks and modular newsracks shall be maintained in a neat and clean condition and in qood repair at all times. 3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or vehicular traffic. 4. No newsrack or modular newsrack shall be installed or maintained upon or over any part of a roadway or bicycle path or be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicvcles. or pedestrians upon enterinq or exitinq a riqht-of-way. 5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less than four (4) feet. 6. No newsrack or modular newsrack shall be used for advertisinq purposes other than advertisinq for the publication beinq distributed or sold. 7. No newsrack or modular newsrack shall be chained. bolted or attached in any other manner to a utility pole, traffic siqn or other fixture located in the public riqht-of-way. 18 Ordinance No. 6680-01 e e 8. The telephone number of a workinq telephone service shall be affixed to each newsrack or modular newsrack in a readily visible place so that reports of malfunctioninq newsracks/modular newsracks can be made and violations of these provisions can be reported. B. Location of Newsracks and Modular Newsracks. 1. No newsrack or modular newsracks shall be located in a visibility trianqle or within five (5) feet of a curb of the edqe of roadway pavement. 2. The location of any newsrack or modular newsrack shall not block the view of any historic buildinq or scenic vista or maior City entrvway. 3. The front of any newsrack located in landscaped areas of the public riqht-of-way or on a public sidewalk shall face toward the sidewalk and away from the street. C. HeiQht. Desiqn, and Separation Requirements for Newsracks and Modular Newsracks. 1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsrack shall not exceed fifty-five (55) inches in heiqht. 2. A distance of a 100 feet radius shall be maintained between all types of newsracks. A maximum of two newsracks may be located side by side provided such newsracks are of the same material and color. If three or more publications are qrouped toqether in a sinqle location, such publications shall be located in a metal modular newsrack. 3. Modular newsracks may be used in combination provided such racks are metal and have the same color. 4. Any sinqle modular newsrack or any qroupinq of modular newsracks shall not exceed eiqht (8) feet in lenqth. 5. Newsracks and modular newsrack are limited to a depth of a sinqle unit. The back of a newsrack shall not be located aqainst the back of another newsrack. 6. Newsracks and modular newsrack shall be finished with muted. earthtone and uniform color and uniform material. 7. Newsracks and modular newsracks shall not be located on the same site. D. Construction Requirements. All types of newsrack must be appropriately anchored or secured from potential hazards. in accordance with current enqineerinq standards, and may be anchored to any concrete pad located in the public riqht-of-way provided all other provisions are met. 19 Ordinance No. 6680-01 e e E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and Downtown Districts. In the Tourist and Downtown Districts. there shall be a 100 feet radius separation between all types of newsracks. All newsracks and modular newsracks shall be metal and of the same color. The Community Development Coordinator may extend the allowable lenqth and heiqht of modular newsracks, provided the newsracks are compatible in terms of location, heiqht and lenqth with the surroundinq environment. Section 11. Article 5, Decisions Making and Administrative Bodies, Section 5- 202 is hereby amended by revising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seven reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular and alternate members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 12. Article 5, Decisions Making and Administrative Bodies, Section 5- 203 is hereby amended by revising as follows: Section 5-203. Meetings, quorum and required vote. 20 Ordinance No. 6680-01 e e A. A regular meeting schedule shall be set by the community development board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community development board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall have all the riqhts and responsibilities of a reqular member. All actions of the board shall require the concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meetinq or durinq an aqenda item when a reqular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. Section 13. Article 8, Definition and Rules of Construction, Section 102 is hereby amending by adding the following definitions: Newsrack means a self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of one newspaper, periodical, advertising circular or other publication. Newsrack, modular means a newsrack designed with two or more compartments to display, sale or distribute two or more newspapers, periodicals, advertising circulars or other publications. Section 14. 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: 21 Ordinance No. 6680-01 e Leslie Dougall-Sides Assistant City Attorney e Cynthia E. Goudeau City Clerk 22 Ordinance No. 6680-01 e e FILE COPY ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 5 DESIGN STANDARDS, SECTION 3-501 TOURIST DISTRICT BY INCORPORATING THE DESIGN GUIDELINES ESTABLISHED IN BEACH BY DESIGN BY REFERENCE; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards which need amendment; and 1 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e .. WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/u n it Dwellings -20,000 100 Residentiallnfill n/a n/a 10-- 0--15 0- -25 30 1/unit Project (3) 25 Utility/ n/a n/a 25 15 25 n/a n/a I nfrastru ctu re Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. 2 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria specified in Section 2-103((8) Flexibility criteria: ********* B. Residential infill proiects. 1. Sinqle family detached dwellings are the only permitted use eligible for residential infill proiect application: 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards: 3. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abuttinq properties: 4. The uses within the residential infill proiect are otherwise permitted in the district: 5. The uses within the residential infi" project are compatible with adiacent land uses: 6. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development: 7. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width. required setbacks, height. off-street parking access or other development standards are iustified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. B-C. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height 3 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft.) (ft.) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit Dwellings Detached 5,000 50 15--25 5 5--15 30 2/unit Dwellings n/a n/a 10 --25 0--5 0--15 30 1/unit Residential Inti" Proiects(3) Utility/ n/a n/a 25 10 15 n/a n/a I nfrastru ctu re Facilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utilityllnfrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria set forth in Section 2-203(C). 4 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e Flexibility criteria: ********** C. Residential infil/ proiects: 1. Sinqle family detached dwellings are the only permitted use eligible for residential infill proiect application; 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market value of abutting properties: 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill proiect are compatible with adiacent land uses: 6. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the Citv of Clearwater as a whole: 8. Flexibility in regard to lot width, required setbacks, heiqht, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinitv of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from 5 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 3. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Development Standards is hereby amended by revising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 4. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1303, "IR1" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for manager's office. Section 7. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District ("1") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Commission and the Countywide Planning Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Section 8. Article 3, Development Standards, Division 5 Design Standards, Section 3-501, Tourist District Is hereby revised as follows: 6 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e Section 3-501 Tourist District [Rooorvod]. The desiqn guidelines for development in the Tourist District located within the boundaries qoverned by Beach by Desiqn are hereby incorporated by reference. Section 9. Article 5, Decisions Making and Administrative Bodies, Section 5-202 is hereby amended by revising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seven reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. The alternate community development board member shall serve at the pleasure of the city commission for a four year term and may be reappointed for one successive term. In the event the alternate member is appointed as a regular member. the term alreadv served as an alternate shall not be consider part of the allowable term as a regular member. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 10. Article 5, Decisions Making and Administrative Bodies, Section 5- 203 is hereby amended by revising as follows: Section 5-203. Meetings, quorum and required vote. 7 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting e e A. A regular meeting schedule shall be set by the community development board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community development board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall have all the rights and responsibilities of a regular member. All actions of the board shall require the concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meeting or during an aqenda item when a regular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. Section 11. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING March 22, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED April 5, 2001 ;j(~ 4.- ~ --- Brian J. A gst \ Mayor-Commissioner Approved as to form: Attest: '--, ~ ~"' /I,...> ;- /!.. ' t.tt/ /(., .J u..w ~tK- M. .' cyn~. Goudeau/ (,1 J City Clerk 8 Revised Ordinance No. 6680-01 2nd reading - 04-05-01 Meeting . e ORDINANCE NO. 6680-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL FLEXIBLE STANDARD DEVELOPMENT BY ADDING RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICT, SECTION 2-204 LOW MEDIUM DENSITY RESIDENTIAL INFILL BY DELETING RESIDENTIAL INFILL FROM THE DEVELOPMENT STANDARDS AND FLEXIBILITY CRTIERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY REVISING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARITCLE 3, DEVELOPMENT STANDARDS, SECTION 3-909 BY REVISING THE NEWSRACKS PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-202 BY ADDING AN ALTERNATE MEMBER TO THE COMMUNITY DEVELOPMENT BOARD; AMENDING ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A PROCESS FOR THE ALTERNATE BOARD MEMBER TO PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR WHEN A REGULAR MEMBER IS ABSENT OR HAS A CONFLICT OF INTEREST; AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and Ordinance No. 6680 -01 e e w- J:.l~llytDY~~~J ~W:t::DYI1 ~ ~7V~~ ~ . Ve.Aj~PGlv'Y^- ~~ V\.O~ ~ 'u~ N\DN(Le.,ct ~ ~~ I vwA --b V~(k-11 fU'tfrlb ~\\J~jlt ~([1J uJ~ . e e WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-103, "LDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-103. Flexible Standard Development The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Area Width (ft. ) (ft.) Street (sq. ft.) (ft. ) Parking Front Side Rear (1 ) Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit Dwellings -20,000 100 Residentiallnfill n/a n/a 10-- 0- -1 5 0--15 30 1/unit Proiect 25 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities (2) (1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen (18) feet from a seawall. 2 Ordinance No. 6680-01 e e (2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria specified in Section 2-103((8) Flexibility criteria: * * * * * * * * * B. Residential infill proiects. 1. Sinqle family detached dwellinqs are the only permitted use eliqible for residential infill proiect application. 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as a residential infill project will not materiallv reduce the fair market value of abuttinq properties; 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 7. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 8. Flexibility in reqard to lot width, required setbacks, heiqht, off-street parkinq access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. B-C. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges 3 Ordinance No. 6680-01 e e which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible Standards is hereby amended by revising the development standards table and flexibility criteria by adding Residentiallnfill Projects as follows: Section 2-203. Flexible Standard Development The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Min. Min. Max. Min. Lot Lot Setbacks Height Off- Size Width (ft.) (ft. ) Street (sq. ft.) (ft.) Parking Front Side Rear (1) Attached 10,000 100 25 10 15 30 1.5/unit Dwellings Detached 5,000 50 15--25 5 5--1 5 30 2/unit Dwellinqs n/a n/a 10 --25 0--5 0--15 30 1/unit Residential Infill Proiects Utility/ n/a n/a 25 10 15 n/a n/a Infrastructure Facilities (2) (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from any seawall. (2) Utilityllnfrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation which shall include such uses and all contiguous like uses. (3) The development standards for residential infill proiects are quidelines and may be varied based on the criteria set forth in Section 2-203(C). 4 Ordinance No. 6680-01 e e Flexibility criteria: * * * * * * * * * * C. Residential infill proiects: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill proiect will not materially reduce the fair market value of abuttinq properties; 3. The uses within the residential infill project are otherwise permitted in the district; 4. The uses within the residential infill project are compatible with adjacent land uses; 5. The development of the parcel proposed for development as a residential infill project will upqrade the immediate vicinity of the parcel proposed for development; 6. The desiqn of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in reqard to lot width, required setbacks, heiqht, off-street parkinq access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. G-D. Utility /infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure, other than permitted telecommunication towers and utility distribution lines, located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. Section 3. Article 2, Zoning Districts, Section 2-204, "LOR" District Flexible Development Standards is hereby amended by revising the development standards table and flexibility criteria by deleting Residentiallnfill Projects as follows: 5 Ordinance No. 6680-01 e e Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Development Use Min. Min. Min. Max. Min. Lot Size Lot Setbacks Height Off-Street (sq. ft.) Width (ft.) (ft.) Parking (ft.) Front Side Rear (1 ) Attached 1 0,000 100 25 5 15 30 1.5/unit Dwellinqs Detached 3,000-- 25--50 15--25 2--5 5-15 30 2/unit Dwellinqs 5,000 Non- n/a n/a 25 10 10 n/a n/a Residential Off Street Parking Parks and n/a n1a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities oras determined by the Community Developmen t Director based on ITE Manual standards Residential Hfa Hfa 10 25 G-5 0 15 W 4AHm ffi-HU ..... ,,.., , '/ Schools 40,000 200 35 25 15 30 1/3 students ill Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. 6 Ordinance No. 6680-01 e tit (2) The development standards for residential infill projects are guidelines and may be varied based on the criteria set forth in Section 2 201 (E) Flexibility Criteria: A. Attached dwellings. 1. The parcel proposed for development is a corner lot and is vacant on the date of adoption of this Development Code; 2. The buildings are designed with front setbacks on both streets; 3. Off-street parking is screened from adjacent parcels of land by a landscaped wall or fence of at least four feet in height; 4. No more than two dwelling units front on a single street; 5. The development of attached dwellings does not require the removal of a protected tree; 6. The dwelling units are contained in no more than two buildings; 7. The buildings are consistent with the architectural style of existing dwellings in the immediate vicinity of the parcel proposed for development; 8. The parcel proposed for development is not located in a designated Neighborhood Conservation District; or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all improved parcels of land which are located within the Neighborhood Conservation Immediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Immediate Vicinity Area. B. Detached dwellings. 1. Minimum lot size per dwelling of less than 5,000 square feet is an existing lot or a lot size of less than 5,000 square feet is necessary to the development or redevelopment of a vacant lot which would otherwise not be economically feasible; 2. Access is provided to each lot by frontage on a public street or by an easement of access at least 15 feet in width; 3. The volume to lot size ratio of the structures to be developed on the lot is no more than ten percent greater than the average volume to lot size ratio of all existing structures within 500 feet of the lot; 7 Ordinance No. 6680-01 e e 4. Front setback: a. The existing structures along the same side of the road have been constructed with irregular setbacks and the proposed reduction in front setback will not be out of character with the neighborhood; b. The extent to which existing structures in the neighborhood have been constructed to a regular or uniform set back from the right-of-way; 5. Rear setback: a. The reduction in rear setback will allow for the preservation of existing vegetation which could not otherwise be preserved; or b. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible; or c. The reduction results in an efficient house layout. 6. Side setback: The reduction in side setback will allow for the preservation of existing vegetation which could not otherwise be preserved. C. Non-residential off-street parking. 1 The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non- residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2 No off-street parking spaces are located in the required front setback for detached dwellings in the LMDR District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3 Off-street parking spaces are screened by a wall or fence of at least three feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4 All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5 All parking spaces shall be surface parking. 8 Ordinance No. 6680-01 e e D. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four (4) feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. The characteristics of the parcel proposed for development are such that the uses of the property will require fewer parking spaces than otherwise required or that the use of significant portions of the property will be use for passive recreational purposes. E. Residentia! Infili projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical '.vithout deviations from the intensity and other development standards; 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; 3. The uses within the residential infill project are otherwise permitted in the district; 1. The uses within the residential infill project are compatible with adjacent land ~ 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 6. Tho design of the proposed residential infill project creates 3 form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot 'Nidth, required setbacks, height, off street parking, access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Cle3rwater 3S 3 whole. F-o~ Schools. 1. The parcel proposed for development fronts on a major arterial street; 9 Ordinance No. 6680-01 e e 2. All off-street parking is located at least 200 feet from any property used for residential purposes or is designated as residential in the Zoning Atlas; 3. All outdoor lighting is designed and located so that no light fixture is within 200 feet from the nearest existing building used for residential purposes and so that no light falls on residential property. Section 4. Article 2, Zoning Districts, Table 2-704, "C" District Flexible Development Standards is hereby amended by revising the minimum off-street parking standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units plus 2 for manager's office. Section 5. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for manager's office. Section 6. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible Standard Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15 - 20 units plus 2 for manager's office. Section 7. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development is hereby amended by revising the minimum off-street parking requirements for Self Storage from 2/1000 SF to 1 per 15-20 units plus 2 for manager's office. Section 8. Article 2, Zoning District, Section 2-801.1 Maximum Development Potential is hereby amended as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and qoverned by a special area plan approved by the City Commission and the Countywide Planninq Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Section 9. Article 3, Development Standards, Section 3-601, Dock/Marina Standards is hereby revised as follows: 10 Ordinance No. 6680-01 e e Section 3-601. Docks. /\. Permit requIred. All docks which are proposed to be constructed, added to, or structurally altered shall obtain a building permit and a pormit from Pinellas County. B. Procedures. An application for a building permit for the construction, addition or structural alteration of a dock shall be referred to the City's Harbormaster to determine the impact of the dock on navigation. If the Harbormaster determines that the construction, addition or structural alteration will not adversely affect navigation, the application shall be referred to the community development coordinator to be considered as a lovel one approval in accordance with the provisions of Article 1 Division ~ C. Repair. 1. Repair or replacoment of any residential dock, catwalk, or portion of a dock or catv.'alk that involves 50 percent or more of the dock, catwalk or boat lift shall required that tho dock, catwalk, or boat lift conform to tho length, width and position requirements of this division. 2. If any dock, seawall, bulkhoad, private bridge, or marina is permitted to fall into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform 'Nith the requirements of this division. D. Docks, boat tift and servIce catwalk setbacks. Docks must be located in the center one third of the lot or 20 feet from any extended property line, whichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be constructed on the property line provided that all the other standards of this divisions are met. Boat lifts and service cat\\'3Iks (three feet maximum 'Nidth) shall be a minimum of ten feet from any extended property line. E. Length:. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the v.'idth of the property on which the dock is to be located, 'Nhichever is loss. F. V1lidth. The width of a dock shall not exceod 35 percent of the width of the property, measured at the waterfront or 50 feet, whichever is less. G. Tie pate sotbacks. 1\ minimum of one foot setback from any extonded property line must be maintained. No tie pole shall be allO\\'ed to projoct 11 Ordinance No. 6680-01 e e into the navigable portion of a 'Naterway more than 25 percent of such \N3ter....ay. H. CO'iler boat lifts. 1. Covered boat lifts are permitted provided a permanent and solid roof deck is constructed with materials such as asphalt shingles, metal, tile or 'Nood. Canvas and canvas like materials are prohibited. 2. Vertical sidewalls for boat lifts are prohibited. I. SIngle pile da',{its and personal watercraft lifts. Exempt from the setback criterb so long as such davits and lifts are contained entirely 'Nithin the extended property lines. J. Number of slips. No dock shall provide more than two slips for the mooring of pleasure craft, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code, 'Nhich slips shall be for the exclusive use of the residents of the contiguous upland property. K. Persona! watercraft fffts are not considered to be boats slips. L. ExIsting docks and lifts. 1. Now boat lifts installed in previously permitted wet slips are exempt from setback standards so long as such lifts are entirely contained '.vithin the extended property lines. 2. Repairs. a. Repairs to a dock, including mooring piles, require a permit. b. Repairs to a permitted boat lift shall not required a permit unless pilings are replaced. Repaired or reconstructed boats lifts shall not h3ve enclosed sides. c. Repairs to or replacement of deck boards only do not require a permit. This exemption does not apply to any support structures such as stringers, caps or floaters. All deck boards must meet the minimum construction criteria of Section 166.332(7), Pinellas County regulations. 3. The harbormaster may approve deviations to these standards contingent upon one or more of the following: 12 Ordinance No. 6680-01 e e a. I\ppro'Jal of the proposed deviation by the affected adjacent property o'Nner(s)vJho must sign and notarize the proposed construction plan as having no objection. b. An independent evaluation by the harbormaster's office that no navigational or riparian rights conflicts '/Jill occur due to the proposed construction. c. Property configuration and circumstances that preclude placement of reasonable dock structures within the above requirements. M. Publicly owned facilitios. Roofed structures shall be permitted on publicly mvned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. A. City Approval and Pinel/as County Water and Naviaation Control Authoritv Permit Required. All docks which are proposed to be constructed, added to, or structurally altered shall receive approval by the City and obtain a permit from the Pinellas County Water and Naviqation Control Authority. B. City Approval Procedures. Review and approval by the Community Development Coordinator shall be required prior to the issuance of a permit from the Pinellas County Water Naviqation Control Authority. Such approval shall be considered a level one (minimum standard approval) or level two (flexible development) approval in accordance with the provisions of Article 4 Divisions 3 and 4. C. New Docks. 1. Docks, boatlifts and service catwalks that serve sinQle-familv or two-familv dwellinas. a. Setbacks. A dock shall be located in the center one-third of the lot or 20 feet from any property line as extended into the water, whichever is less, unless the dock is proposed to be shared by adjoininq properties whereupon the dock may be constructed on the common property line provided that all other standards of this division are met. Boatlifts and service catwalks shall be a minimum of ten feet from any property line extended into the water. Tie poles shall be setback a minimum of one foot from any extended property line. Sinqle pile davits and personal watercraft lifts are exempt from these setback requirements provided they are contained entirely within the extended property lines. b. Lenqth. The lenqth of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Tie poles 13 Ordinance No. 6680-01 e e may extend beyond the dock provided such poles do not exceed 25 percent of the width of the waterway and do not constitute a naviqational hazard. c. Width. The width of docks, includinq boatlifts, shall not exceed 35 percent of the width of the property measured at the waterfront property line or 50 feet. whichever is less. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Number of slips. No dock shall provide more than two slips for the moorinq of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiquous upland property. Personal watercraft lifts are not considered to be boat slips. f. Width of Catwalks. Service catwalks shall not exceed three feet in width. g. Deviations. Deviations from the requirements of this section may be qranted by the Community Development Coordinator based on one of the followinq reasons: I. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Navjqation Control Authority; or III. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deviations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no obiection are submitted from adjacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority permit application. In the event statements from the adiacent property owners can not be obtained, such deviations may be reviewed by the Community Development Board as a Level Two application. 14 Ordinance No. 6680-01 e e 2. Commercial and multi-use docks. a. Width. Commercial and multi-use dockinq facilities constructed in the waters of the City shall be constructed so that the width of such facilities shall not exceed seventy-five percent of the width of the property at the waterfront property line and shall be further constructed so that the lenqth of the facility shall not extend from the mean hiqh water line or seawall of the property farther than seventy-five percent of the width of the property at the waterfront. b. Setbacks. All dockinq facilities must be located so that no portion of the proposed facility is closer to either adiacent extended property line than ten percent of the property width at the waterfront. Multi-use private and commercial docks abuttinq adjacent waterfront sinqle- family or two-family property must be setback a minimum of one-third (1/3) of the applicant's waterfront property width from the adjacent waterfront sinqle-family or two-family property. c. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinqles, metal. tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. d. Deviations. Deviations from the requirements of this section may be qranted by the Community Development Coordinator based on one of the followinq reasons: I. mean low water depth is not sufficient to accommodate a typical sized boat; II. the need to protect environmentally sensitive areas as required by the Pinellas County Water and Naviqation Control Authority; or iii. property confiquration and circumstances preclude the placement of reasonable dock structures within the above requirements. Deviations may be qranted as a Level One approval (minimum standard) provided that siqned and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as siqned and notarized statements on the Pinellas County Water and Naviqation Control Authority. In the event statements can not be obtained, such deviations may be reviewed by the Community Development Board as a Level Two application. 15 Ordinance No. 6680-01 e e D. Existinq docks and lifts and repairs. 1. Existinq docks and lifts. New boat lifts installed in previously permitted wet slips are exempt from setback standards so lonq as such lifts are entirely contained with the property lines as extended into the water. 2. Repairs. a. Any repair made to an existinq approved dock that does not extend, enlarqe or substantially chanqe the location of any portion of the dock does not require review and approval by the Community Development Coordinator however, a permit may be required by the Pinellas County Water and Naviqation Control Authority. If, however, such repair enlarqes, extends, or substantially chanqes the location of any portion of the dock, such repair shall require the review and approval by the Community Development Director prior to the issuance of a permit by the Pinellas County Water and Naviqation Control Authority. b. If any dock, seawall, bulkhead, private bridqe, or marina falls into a state of disrepair and becomes a danqerous structure creatinq an unreasonable risk of bodily iniury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform with the requirement of this division. E. Publiclv owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structure not intended for use as a dock facility, Vertical walls shall not be allowed. Section 10. Article 3, Development Standards, Section 3-909 Newracks, is hereby amended by revising newsracks as follows: A Genera! Pro'lisIons. 1\11 newsracks shall comply 'Nith the following general provisions. 1. No nowsrack shall obstruct the flm\' of pedestrian or vehicular traffic. 2. No nev.'srack shall be located in a manner that impairs a motor vehicle operator's vimv of motor vehicles, bicycles, or pedestrians upon entering or exiting a right of 'Nay. 3. No newsr3ck shall be located in a visibility triangle 1. No newsrack shall reduce the width of a sidewalk or travel route belmv ADA requirements. 16 Ordinance No. 6680-01 e e 5. No ne\vsrack shall be used for advertising purposes other than advertising for the publication being distributed or sold. 6. No nmvsrack shall be chained, bolted, or attached in any other manner to a utility pole, traffic sign or other fixture. 7. Newsracks shall be maintained in a neat and clean condition and in good repair at all times. 8. The telephone number of 3 working telephone service shall be affixed to each ne'Nsrack in a readily visible place so that reports of malfunctioning newsrack can be made and violations of these provisions can be reported. 9. The location of any ne'Nsrack shall not block the view of any historic building or scenic vista or major City entr)way. B. ,I'.ddmona.' roquirements for newsracks located on public rights of way. 1. No portion of any newsrack shall be installed or maintained upon or over any part of a road'llay or bicycle path. 2. Newsracks may be located upon a sidewalk in excess of five (5) feet in width, at the edge of the sidewalk and on either side of the sidev.'alk but not directly opposing another newsrack, and fronting towards the center of the sidm.valk. However, a newsrack shall not be installed or maintained within five (5) feet of a curb or the edge of roadway pa'.'ement. 3. If the sidewalk adjoins a landscaped area of the public right of 'Nay of a sufficient size to fully and la'Nfully accommodate a nev.'srack, and if the sidewalk is five feet or less in 'Nidth, the Community Development Coordinator may approve the location of a newsrack provided such newsrack be place upon a 'Nire reinforced concrete pad, four inches thick or greater, of sufficient size to support the based of the newsrack, or other reason3ble alternative meClsuros approved by the City Engineer. The front of any nO'.'Israck loc3ted in landscaped areas of the public right of way shall face towards the sidew3lk. 1. Newsracks may be anchored to any concrete pad loc3ted in the public right of 'Nay. 5. Newsracks shall not exceed fifty five (55) inches in height. 6. Single newsracks may be located e'.'ery 100 feet. 17 Ordinance No. 6680-01 e e 7. Combination of multi stand free and pay ncwsracks may be located side by side provided the total length of such racks does not exceed six (6) feet. A distance of 300 feet shall separate such combination of racks. B. JI.dditfonal ProvIsions for C, T, and D Districts. In the Commercial, Tourist and Downtmvn Districts, the allowable length of combination nev.'sracks may be extended through the flexible standard development review process provided the newsracks meet the following criteria; 1. The n8\"lsracks are integrated into a pedestrian area; 2. The location of the newsracks provides convenient pedestrian access; 3. The newsracks are visually screenod; 1. The newsracks do not obstruct tho flow of pedestrian or vehicular traffic; and 5. The newsracks are compatible with surrounding activities. A. General Requirements for Newsracks and Modular Newsracks 1. Newsracks and modular newsracks may be located either on private property or within the public riqht-of-way. 2. Newsracks and modular newsracks shall be maintained in a neat and clean condition and in qood repair at all times. 3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or vehicular traffic. 4. No newsrack or modular newsrack shall be installed or maintained upon or over any part of a roadway or bicycle path or be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon enterinq or exitinq a riqht-of-way. 5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less than four (4) feet. 6. No newsrack or modular newsrack shall be used for advertisinq purposes other than advertisinq for the publication beinq distributed or sold. 7. No newsrack or modular newsrack shall be chained, bolted or attached in any other manner to a utility pole, traffic siqn or other fixture located in the public riqht-of-way. 18 Ordinance No. 6680-01 e e 8. The telephone number of a workinq telephone service shall be affixed to each newsrack or modular newsrack in a readily visible place so that reports of malfunctioninq newsracks/modular newsracks can be made and violations of these provisions can be reported. B. Location of Newsracks and Modular Newsracks. 1. No newsrack or modular newsracks shall be located in a visibility trianqle or within five (5) feet of a curb of the edqe of roadway pavement. 2. The location of any newsrack or modular newsrack shall not block the view of any historic buildinq or scenic vista or maior City entrvway. 3. The front of any newsrack located in landscaped areas of the public riqht-of-way or on a public sidewalk shall face toward the sidewalk and away from the street. C. Heiqht. Desiqn, and Separation Requirements for Newsracks and Modular Newsracks. 1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsrack shall not exceed fifty-five (55) inches in heiqht. 2. A distance of a 100 feet radius shall be maintained between all types of newsracks. A maximum of two newsracks may be located side by side provided such newsracks are of the same material and color. If three or more publications are qrouped tOQether in a sinqle location, such publications shall be located in a metal modular newsrack. o.{emdo1 Ol'\~ 3. Modular newsracks ma be used in combination rovided such rack have the same color. e Ifferen ~I-~ ;;;7 L-.-- 4. Any sinqle modular newsrack or any qroupinq of modular newsracks shall not exceed eiqht (8) feet in lenqth. 5. Newsracks and modular newsrack are limited to a depth of a sinqle unit. The back of a newsrack shall not be located aqainst the back of another newsrack. 6. Newsracks and modular newsrack shall be finished with muted, earthtone and uniform color and uniform material. 7. Newsracks and modular newsracks shall not be located on the same site. D. Construction Requirements. All types of newsrack must be appropriately anchored or secured from potential hazards, in accordance with current 19 Ordinance No. 6680-01 e e enqineerinq standards, and may be anchored to any concrete pad located in the public riqht-of-wav provided all other provisions are met. E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and Downtown Districts. In the Tourist and Downtown Districts, there shall be a 100 feet radius separation between all types of newsracks. All newsracks and modular newsracks shall be metal and of the same color. The Community Development Coordinator may extend the allowable lenqth and heiqht of modular newsracks, provided the newsracks are compatible in terms of location, heiqht and lenqth with the surroundinq environment. Section 11. Article 5, Decisions Making and Administrative Bodies, Section 5- 202 is hereby amended by revising as follows: Section 5-202. Membership; terms; vacancies; removals A. The community development board shall be composed of seven reqular members and one (1) alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The reqular and alternate members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 12. Article 5, Decisions Making and Administrative Bodies, Section 5- 203 is hereby amended by revising as follows: 20 Ordinance No. 6680-01 . . Section 5-203. Meetings, quorum and required vote. A. A regular meeting schedule shall be set by the community development board and special meetings may be called by the chairperson or a majority of the board. B. No meeting of the community development board may be called to order, nor may any business be transacted, without a quorum consisting of a least five members of the board being present. The alternate member may be called upon to establish a quorum and durinq such participation shall have all the riqhts and responsibilities of a reqular member. All actions of the board shall require the concurring vote of at least four members of the board. In the event that less than all the members of the board are present at a meeting, an applicant shall have the right to request and obtain a continuance of the hearing of the application for development approval until the next regularly scheduled meeting of the board. The alternate board member shall serve on the board in the absence of a board member at a board meetinq or durinq an aqenda item when a reqular member can not vote due to a conflict of interest. C. If a matter is postponed due to lack of a quorum, the chairperson of the board shall set a special meeting as soon as practicable to consider such matter. Section 13. Article 8, Definition and Rules of Construction, Section 102 IS hereby amending by adding the following definitions: Newsrack means a self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of one newspaper, periodical, advertising circular or other publication. Newsrack, modular means a newsrack designed with two or more compartments to display, sale or distribute two or more newspapers, periodicals, advertising circulars or other publications. Section 14. 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 21 Ordinance No. 6680-01 Approved as to form: . Leslie Dougall-Sides Assistant City Attorney . Attest: Cynthia E. Goudeau City Clerk 22 Ordinance No. 6680-01