TA2008-07004, ORD 7999-08 - September 16, 2008
TA2008-07004
ORDINANCE NO: 7999-08
AGENDA ITEM F .1.
AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE
CDB Meeting Date:
Case Number:
Ordinance No.:
Agenda Item:
September 16, 2008
T A2008-07004
7999-08
F. 1.
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
REQUEST:
Amendments to the Community Development Code to allow a reduced parking
requirement for changes of use within the Downtown (D) District where there are
no existing parking spaces or available land for their construction.
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND:
Following the completion of the Cleveland Street Streetscape Project, there has been a greater interest in
occupying existing buildings and tenant spaces on Cleveland Street. However, much of this interest has
involved occupying the buildings and tenant spaces with uses that are different from those previously
established. As many of the building/properties in this area have limited off-street parking or no off-street
parking whatsoever, an issue has arisen as to how conversions from office and retail uses to more parking
intense uses such as restaurants can occur. In response to this issue, the Planning Department has
proposed an amendment to the Community Development Code that would allow for a reduced parking
requirement when dealing with changes of use where there are no existing parking spaces or available
land for their construction.
ANALYSIS:
The proposed amendment vvould apply only to the Do\-vntov..rn CD) District, and more specifically only to
those properties that have frontage on that portion of Cleveland Street located between Osceola Avenue
and Martin Luther King, Jr. Avenue. The amendment will add a footnote to the existing Tables 2-902 and
2-903 within the Community Development Code (eDe). The footnote would read as follows:
For those existing buildings/properties with frontage on Cleveland Street that are located between
Osceola Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor
the ability to provide any off-street parking spaces, the users) of the buildings/properties may be changed
without the off-street parking that would otherwise be required for the change of use being provided.
The proposed Ordinance No. 7999-08 is attached and includes each of the amendments. Within the
ordinance document, text that is underlined indicates proposed language and text containing
strikethroughs indicate deletions.
CRITERIA FOR TEXT AMENDMENTS:
CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, which will be
furthered by the proposed amendments to the CDC:
Community Development Board - September 16, 2008
T A2008-07004 - Page 1
,
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.
2. The proposed amendment furthers the purposes of the Community Development Code and other City
ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent with
the following purposes set forth in CDC Section 1-103:
o Allowing property owners to enhance the value of their property through innovative and creative
redevelopment (CDC Section 1-103.B.1).
o Ensuring that development and redevelopment will not have a negative impact on the value of
surrounding properties and wherever practicable promoting development and redevelopment
which will enhance the value of surrounding properties (CDC Section 1-1 03.B.2).
o 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 (CDC Section 1-103.E.1).
The above referenced goal of the Comprehensive Plan and purposes of the Community Development
Code will be furthered, as the proposed amendment will establish additional flexibility within the Code
that will allow for the reoccupation of propertieslbuildings by new users, which will allow for property
owners to rent/lease there buildings/properties more easily and quickly, which in turn protects the
economic stability of the Downtown and the preservation of the historic building pattern along Cleveland
Street.
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Downtown Development Board (DDB):
At its meeting of September 3, 2008, the DDB reviewed the proposed ordinance and recommended it be
approved. In addition, the Board suggested that the geographic area could be enlarged to cover other
areas of the downtown with similar constraints. While such an enlargement has not been analyzed, it
would be possible to expand the area at a later date.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will further the
goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code.
Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 7999-08
that amends the Community Development Code.
Prepared by Planning Department Staff: ~~
Robert G. Tefft, Development Review Manager
A TT ACHMENT:
o Ordinance No. 7999-08
S:IPlanning DepartmentlCommunity Development Codel2008 Code Amendments1TA2008-07004 - Downtown ParkinglOrdinance No 7999-08
CDB Staff Report 2008 09-1 6. doc
Community Development Board - September 16, 2008
TA2008-07004 - Page 2
, .
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("0")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Height (ft.) Min. Off-Street Parking ill
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30-50 3--5 per 1,000 GFA
Facility
Mixed Use 30-50 Based upon use requirements
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Ordinance No. 7999-08
( .
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 nJa
1 per 20,000 SF or as determined by the community
Parks and Recreation Facilities 50 development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 nJa
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
Sidewalk Vendors nJa nJa
Social and Community Centers 30-50 2--4 per 1,000 GFA
Utility/Infrastructure Facilities nJa nJa
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability
to provide any off-street parking spaces, the usee s) of the buildings/{lroperties may be changed without the
off-street parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("0")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903. "D" District Flexible Development Standards
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VJc. ..1'...1.\.+-"'. ..1..1."""6'." V""/ ,...". ~ JJ ~.. ~~. . ~. .....0
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment Determined by the community development
Project nJa coordinator based on the specific use and/or ITE
Manual standards
Educational Facilities 30-100 4/1000 GFA
Govemmental Uses 30-100 3--5 per 1,000 GF A
Indoor RecreationJEntertainment 30-100 3--5 per 1,000 GF A
Facility
Limited Vehicle Sales and Display 30 2--4 per 1,000 GF A
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30-100 Based upon use requirements
Nightclubs 30-100 3--10 per 1,000 GFA
Offices 30-100 1--3 per 1,000 GFA
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GFA
Restaurants 30-100 5--15 per 1,000 GFA
Retail Sales and Service 30-100 2--4 per 1,000 GF A
SociaVPublic Service Agencies 30-100 3--4 per 1,000 GFA
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Ordinance No. 7999-08
J
Telecommunication Towers Refer to Section nJa
3-2001
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
A venue and Martin Luther King, If. A venue that have no existing off-street parking: spaces, nor the ability
to provide any off-street parking spaces, the usee s) of the buildings/properties may be changed without the
off-street parking: that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7.
This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
- 3 -
Ordinance No. 7999-08
Robert G. Tefft
100 South Myrtle Avenue
Clearwater, FL 33756
(727) 562-4539
robert.tefft@mvclearwater.com
PROFESSIONAL EXPERIENCE
· Development Review Manager
City of Clearwater, Clearwater, Florida August 2008 to Present
Direct Development Review activities for the City. Supervise professional planners, land resource
specialists and administrative staff. Conduct performance reviews. Serve as staff to the Community
Development Board.
· Planner III
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
· Planner II
City of Clearwater, Clearwater, Florida May 2005 to June 2005
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports.
· Senior Planner
City of Delray Beach, Delray Beach, Florida October 2003 to May 2005
Performed technical review of and prepared staff reports for land development applications such as,
but not linlited to: site plans, conditional uses, rezonings, land use amendments, and text
amendments. Organized data and its display in order to track information and provide status reports.
Make presentations to various City Boards.
· Planner
City of Delray Beach, Delray Beach, Florida March 2001 to October 2003
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional use and text amendments. Organization of data and its
display in order to track information and provide status reports. Provided in-depth training to the
Assistant Planner position with respect to essential job functions and continuous guidance.
· Assistant Planner
City of Delray Beach, Delray Beach, Florida October 1999 to March 2001
Performed technical review of and prepared staff reports for site plan development applications.
Performed reviews of building permit applications. Provided information on land use applications,
ordinances, land development regulations, codes, and related planning programs/services to other
professionals and the public.
EDUCATION
Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999
ASSOCIATION MEMBERSIDP
. American Planning Association