TA2009-01003 - Ordinance No. 8042-09 - April 21, 2009
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T A2009-0 1003
Ordinance number 8042-09
Agenda Item: F2
Planner: Cate Lee
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CDB Meeting Date:
Case Number:
Ordinance Number:
Agenda Item:
April 21. 2009
TA2009-01003
8042-09
F2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code and the Code of
Ordinances - Ordinance No. 8042-09
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND:
The completion of the Cleveland Street improvements and the adoption of the "Cleveland Street
Fayade Design Analysis" by WilsonMiller, made the vision of a sidewalk cafe district, "Cafe
Society", possible. The Community Development Code currently addresses sidewalk cafes
located on private property and those located within public right(s)-of-way under the same
provisions, however outdoor dining located on private property functions differently than
outdoor dining located within the public right-of-way. To respond to these differences, the
Planning Department proposes these amendments.
ANALYSIS:
The proposed amendments to the Community Development Code distinguish between outdoor
cafes on private property and those located within the public rights-of-way, as well as establish
the Cleveland Street Cafe District. The proposed amendments will streamline the review process
as outlined below. In order to support the changes to the Community Development Code,
necessary consistency modifications have been made to the Code of Ordinances as well. The
basic changes to requirements for outdoor cafes on private property include:
. Elimination of the specific outdoor cafe application process, as they will be approved
through the applicable development review process (e.g., building construction permit,
flexible standard development, flexible development);
. Elimination of both the application fee and permit fee.
The elimination of a separate application process for outdoor cafes on private property aids in
building a stronger relationship between local business and City staff, since one staff member
will be handling the entire review process. In addition, this saves staff time since staff will
Community Development Board - April 21, 2009
T A2009-0 I 003 - Page 1
already be familiar with the functionality of the site. In light of the current economic situation,
the elimination of the fees may be perceived as an effort on part of the City to alleviate
unnecessary financial burden on businesses.
The basic changes to requirements for outdoor cafes located within public right(s)-of-way
include:
. Reducing and relocating application submittal requirements to Section 4-202, which
addresses applications for development approval;
. Editing language and adding definitions to achieve clarity and succinctness;
. Establishing the Cleveland Street Cafe District, including new provisions that apply only
to those Outdoor Cafes located on Cleveland Street between Myrtle Avenue and Osceola
Avenue;
. Continuing to allow outdoor cafes in the Downtown Plan Area and Clearwater Beach;
. Reducing fees by substituting a one-time permit for the current application fee and annual
permit fee.
The relocation of application submittal requirements to the section where all other application
requirements are found is logical and makes navigation of the Code easier for the layperson.
Throughout the ordinance, language was eliminated or edited to increase readability and
comprehension. As stated previously, the reduction in fees will most likely be welcome in light
of current economic times and seen as an effort on part of the City to support and offer
encouragement to local businesses in the Downtown and Clearwater Beach.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code 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, Objective,
and Policies which will be furthered by the proposed Code amendments:
Goal A.6
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.
Community Development Board - April 21 ,2009
T A2009-0 1 003 - Page 2
Objective A.6.6 Tourism is a substantial element of the City's economic base and as such
the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well as the
maintenance of existing industries through establishment of enterprise
zones, activity centers and redevelopment areas and by coordination with
the Chamber of Commerce, Tourist Development Council and other
economic development organizations and agencies.
Policy A.6.8.1 Build active, attractive communities that are designed at a human scale
and encourage walking, cycling and use of mass transit.
Findings
The proposed amendments are consistent with the Comprehensive Plan for several reasons. Use
of the public right-of-way by private enterprise encourages infill development due to the addition
of more seating, which increases the earning potential of an eating establishment and makes it
likelier for a business to be established and thrive. Increased seating capacity at an eating
establishment also expands economic opportunities by creating jobs, as more space for patrons
means more staff is needed to serve said patrons. An important element in generating tourism is
creating an inviting public realm. Outdoor cafes enrich the public realm by activating street life
and providing a greater number and diversity of street furniture. Outdoor cafes, by their very
nature, are at a human scale and encourage walking.
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 Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
. Allowing property owners to enhance the value of their property through innovative and
creative redevelopment (CDC Section 1-103.B.1).
. Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1-
103.B.3).
. 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 ofland within the City (CDC Section 1-103.E.2).
Findings
These amendments are consistent with the Community Development Code because they enhance
property values by encouraging creative redevelopment through the use of public rights-of-way
Community Development Board - April 21, 2009
TA2009-01003 - Page 3
as outdoor cafes. Outdoor cafes provide expanded capacity for eating establishments, increasing
the viability of the business, which strengthens the City's economy. The standards established
by these amendments protect and enhance community character through the orderly and
beneficial development of land.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code and the Code of Ordinances
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. 8042-09 that amends the Community
Development Code and the Code of Ordinances.
Prepared by Plmming Department Staff: ~ ~ r. J, ~
Cate ~e, p~D "
ATTACHMENT:
o Ordinance No. 8042-09
S:\Planning DepartmentlCommunity Development Codel2009 Code Amendments1TA2009-01003 - Sidewalk CafelStaff ReportslOrdinance No
8042-09 CDS Staff Report 2009 04-09.doc
Community Development Board - April 21, 2009
T A2009-0 1 003 - Page 4
ORDINANCE NO. 8042-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
DELETE SUBSECTION 3-201.C, "SIDEWALK CAFES", IN ITS
ENTIRETY; TO ADOPT A NEW SUBSECTION 3-201.C, "OUTDOOR
CAFES", SETTING FORTH PROVISIONS FOR OUTDOOR CAFES
LOCATED ON PRIVATE PROPERTY; TO ADOPT A NEW
SUBSECTION 3-909 "OUTDOOR CAFES", SETTING FORTH
PROVISIONS FOR OUTDOOR CAFES LOCATED WITHIN PUBLIC
RIGHT(S)-OF-WA Y; TO RENUMBER SUBSECTION 3-909
"NEWSRACKS" THROUGH 3-919 "AFFORDABLE HOUSING PARKING
REQUIREMENTS" ACCORDINGLY; TO MODIFY SECTION 4-202
"APPLICATIONS FOR DEVELOPMENT APPROVAL", BY ADDING
APPLICATION REQUIREMENTS FOR OUTDOOR CAFES LOCATED
WITHIN PUBLIC RIGHT(S)-OF-WAY; TO MODIFY SECTION 8-102,
"DEFINITIONS", BY ADDING A DEFINITION FOR "CLEVELAND
STREET CAFE DISTRICT' AND "OUTDOOR CAFES" AND DELETING
THE DEFINITION FOR "SIDEWALK CAFES"; TO MODIFY APPENDIX A
"SCHEDULE OF FEES, RATES, AND CHARGES" BY DELETING THE
FEE FOR "SIDEWALK CAFES" AND ADDING THE FEE FOR
"OUTDOOR CAFES" LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY;
TO MAKE MINOR EDITORIAL CHANGES TO SECTION 6.31
"PROHIBITED ACTS" AND SECTION 28.04 "TRADING AND SELLING
ON STREETS" OF THE CODE OF ORDINANCES; AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, appropriate use of the public right-of-way by private business
contributes to an enhanced public realm that promotes the local economy, and
WHEREAS, outdoor cafes contribute to economic activity, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORI DA:
Section 1. That Article 3, "Development Standards", Division 2, "Accessory
Use/Structures", Section 3-201, "General", of the Community Development Code, be, and
the same is hereby amended to delete subsection C, "Sidewalk Cafes", as follows:
Section 3-201. General.
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Ordinance No. 8042-09
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C. Sido'llOik CClfos.
1. Purposo Clnd appHcabf!ity. It is the intent of the city to allow side'Nalk cafes 50 as to
enhance the pedestrian, urban and boach character of the city by providing an
additional amenity for the public to enjoy. Side\Nalkcafes are permitted in the
commercial district, the tourist district on property located on Clearwater Beach only
or in the downtown district provided all requirements of this section are met.
Side'Nalk cafes on public right of way shall only be 3110wed in the tourist and
downtown districts. A sidew31k c3fe may be est3blished as an accessory use to a
restaurant, nightclub or other appropriate bur.iness as determined by the community
development coordinator. This section 3pplies to 3 sidev.'alk cafe loc3ted solely on
priv3te property or a cafe located partially or totally within the public right of way.
2. /\ppiication roquirements and reviow procoss.
3. Re'iiew procoss. If 3 sidewalk c3fe is to be added to an existing business,
then the sidewalk c3fe shall be reviev.'ed 35 3n accessory use/minimum
standard development. If the cafe is proposed as accessory to a nevI
business, then the sidewalk c3fe shall be revie'l.'ed 310ng with the proposed
use 3S either Level One Flexible Standard or Level Two Flexible Use as
determined in the applicable zoning district.
b. Submittal roquiromonts.
(1) The applic3nt is required to hold a pro application meeting 'Nith the
community development coordin3tor to discuss the proposed side'N31k
cafe and 3pplic3tion requirements.
(2) A completed 3pplic3tion for a side'Nalk cafe permit shall be submitted
to the community development coordinator. The application shall
include, but not be limited to, the follo'Ning information:
(a) Name, address, telephone number, facsimile ~:md e mail
address of the applicant (business owner or designee) and the
property O'Nner;
(b) t-J3me, address and legal description of the property on which
the sidewalk c3fe is proposed to be loc3ted;
(c) For existing businesses, a copy of a valid City of Clear\'vater
occupational license to operate the business establishment
that is the subject of the application;
(d) Written approval to request the 3pplication from the owner of
the property in '.vhich the permitted business established is
located;
(e) A site plan (dr3'Nn to sC31e of minimum 1 :50) showing the
layout and dimensions of the side'N3lk; sidewalk c3fe area and
adjacent priv3te property and building showing entr3nces and
exits; proposed location, size and number of tables, ch3irs,
steps, umbrell3s, a'....nings, canopies, location of doorways,
trees, parking meters, bus shelters, sidewalk benches, trash
receptacles, railings, decor::ltive ch::lins ::lnd ::lny other fixture,
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Ordinance No. 8042-09
structure or obstruction either existing or proposed within the
sidew31k c3fe;
(f) Photogr3phs, dr3'Nings or m3nuf3cturers' brochures fully
describing the 3ppe3r3nce, color, 3nd m3terials of 311
proposed t3blec, ch3irs; umbrell3c, 3wnings, c3nopies or other
fixtures rel3ted to the sidewalk cafe;
(g) Copy of 'Nritten approv31 from any agency other than the City
of Clearw3ter h3ving jurisdiction over the right of W3Y; 3nd
(h) For side'Nalk cafes on public right of way, a copy of current
certific3te of insur3nce in the 3mounts 3nd categories required
by this 3rticle.
c. General requirements for a,l/ sidew3/k c3fes.
(1) Oper3tfon3! requjrements.
(3) Sidew31k c3fes th3t wish to serve 31coholic bever3ges must
have 3 V31id license from the St3te of Florid3 to sell alcoholic
beverages for consumption on premises in connection with 3
rest3ur::mt use or other 3ppropriate business.
(b) No food prep3ration sh311 be 3110wed on the sidewalk. There
sh311 be no cooking, storage of foods or m3terials, cooling,
refrigeration or other equipment located in the sidewalk cafe
aFea-:
(c) No amplified music 3t 3 sidew31k c3fe in the right of 'Nay shall
be allowed. Amplified music in 3 sidewalk cafe on private
proporty sh311 be specific311y requested by the applic3nt and
sh311 be reviewed for its impacts on surrounding properties 3nd
businesses.
(d) The hours of oper3tion of a sidew31k c3fe sh311 be coincident
with the hours of operation of the principal business to which it
is 3ccessory.
(e) The oper3tor of the sidew31k c3fe sh311 meet 311 other city,
county 3nd state regul3tions, la'Ns or ordinances.
(2) Loc3tion 3nd design requirements.
(a) Side'tl31k cafes in the right of W3Y 3re restricted to the sidew31k
frontage of the subject business est3blishment to ''\/hich a
permit has been issued or such other are3 3C 3pproved by the
city manager or his/her designee.
(b) Side'N3lk cafes sh311 be loc3ted in a m3nner th3t promotes
efficient 3nd direct pedestri3n movoment. Within the public
right of '....ay, a minimum of one unobstructed pedestri3n p3th
3t le3st four feet wide sh311 be m3int3ined 3t 311 times. In 3reas
of congested pedestrian activity 3 'Nider pedestrian p3th may
be required. Access to fire hydrants, fire hose connections for
sprinkler systems, 3nd entrances 3nd exits of all buildings
shall not be obstructed 3t 3ny time by b3rriers or seating.
(c) Outdoor se3ting sh311 not be counted when c31cu13ting the
p3rking requirements.
(d) To ensure the convenience of users 3nd to enh3nce the visual
qU31ity of the urban environment, the sidew31k c3fe shall
comply with the design guidelines for the district in 'Nhich it is
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Ordinance No. 8042-09
located. Specifically, tables, chairs, umbrell3s, canopies,
a'Nnings and all other fixtures/decor3tive m3teri3ls sh311 be of
good design made of quality materi3ls and 'Norkmanship, be
fire retardant or manufactured of fire resist::mt material. T 3bles,
chairs 3nd other fixtures used in connection with the side'N31k
cafe shall not be attached, chained or in 3ny manner affixed to
any tree, post, sign or other fixture.
(e) No tables or ch3irs will be permitted 'Nithin the sight visibility
triangle of a street intersection or drivev.'3Y as required in this
Code. Tables or chairs shall not be pl3ced within four feet of
bus stops, t3xi stands, telephone booths, fire hydrants, or
counter service 'Nindows or 'Nithin hvo feet of 3ny building
entrances and/or exits.
(f) The perimeter 3round the side'N31k c3fe in the right of way
area sh311 be delineated using non permanent fixtures such 3S
r3ilings, potted pl3nts, decorative chains, or other 3pproved
fixtures.
(3) Mainton3nco.
(a) Tables, chairs, umbrol13s, canopies, 3'Nnings and any other
fixtures used in connection with a sidewalk cafo shall be
m3int3ined by the sidew31k c3fe oper3tor '.\lith 3 cle3n 3nd
3ttr3ctiv8 3ppoar3nce and shall be in good rop3ir 3t 311 times.
(b) The side'Nalk cafe 3re3, the area extending from the sidewalk
cafe 3re3 to the street, and five feet beyond either end Sh311 be
maintained by the business owner in a ne3t 3nd orderly
appearance at all times 3nd shall be cleared of all debris on a
d3ily b3Sis.
(c) Tho side'Nalk cafe oper3tor is responsible for repair of any
dam3ge to the sidewalk in the right of way caused by the
sidew31k c:Jfe. The rep:Jir shall be m:Jde to city st:Jnd:Jrds 3nd
'/.'ithin :J reasonable timeframe.
d. AddItion3! rcquIromonts for sidoVK1/k c:Jf-os on public rights of VK1Y.
(1) /\ side'l.'alk cafe on public right of way sh:J1I :Jpply for :Jnd receive a
permit to oper:Jte within the right of '.\lay. The permit shall be issued to
the permit holder and shall be transferable only with the prior written
:Jpprov:J1 of the city m:Jnager or his/her designee.
(2) By use of any permit granted hereunder, tho permit holder agrees to
indemnify, defend, save and hold harmless the city, its officers, 3gents
and employees from 3ny 3nd all claims, liability, I3'Nsuits, damages
and causes of action '.vhich may arise out of the use of the public
side\^J:Jlk. The permit holder shall enter into 3 written agreement v.'ith
the city to evidence this indemnific3tion. Such 3greement must have
the written 3pproval of the city attorney prior to issuance of a permit.
(3) The permit holder shall furnish, P3Y for, 3nd maint3in during the life of
the permit 'lAth the city:
(a) Comprehensive gener31 liability insurance on an "occurrence"
b3sis in 3n :Jmount not less than $500,000 combined single
limit bodily injury li:Jbility and property d3m:Jge li3bility. The city
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Ordinance No. 8042-09
is to be specifically included as an additional insured on the
~
(b) Workors' Componsation insurance applicable to its omployees,
if any, for statutory coverage limits in compliance with Florida
la'Ns, including employers' li:Jbility 'JJhich meets :J1l st:Jto :Jnd
federal laws.
('1) The permit holder shall provide the city with :J certific:Jte or certific3tes
of insur::mce showing the existence of coverages required by this
permit. The permit holder 'Nill maintain these coverages with a current
certificate or certific3tes of insurance throughout the term of the permit
'-'lith the city.
(5) When specifically requested by the city in 'Nriting, the pormit holder
will provide the city with certified copies of all polices of insur3nce as
required 3bove. New certific3tes 3nd ne'N certifiod copies of policies, if
certified copies of policies have been requested, shall be provided the
city whenever 3ny policy is rene\'Jed, revised, or obtained from other
insurers.
(6) All policies of insurance must be endorsed to provide the city with 30
days notice of c3ncellation or restriction.
(7) The City of Cle3lw:Jter may require the tempor:J!)' removal of sidewalk
cafes and all related furniture and fixtures by the permit holder when
street, sidew3lk, or utility repairs necessitate such action or when, 3t
the city's sole discretion, it is necess3ry to clear side'....3Iks. The permit
holder shall be responsible for removing all sidewalk cafe fixtures at
least t'NO d3Ys prior to the d:Jte identified in writing by the city. The city
sh31l not bo responsible for :Jny costs associated with the removal or
the return 3nd inst311ation of any sidewalk c3fe fixtures.
(8) The city may C3use the immediate remov31 or relocation of :JII or 3ny
part of tho side'l.'alk cafo or its fixtures in emergency situ:Jtions. The
city, its officers, agents and employees shall not be responsible for
3ny dam3ges or loss of sidew31k c3fe fixtures reloc3ted during
emergency situations and sh31l not be responsible for any costs
3ssociated ..'..,ith the remov31 or the return and install3tion of any
sidew31k c3fe fixtures.
(9) The city shall have the authority to secure or remove fixtures and
other items associated with the side\N3lk cafe if necessary in the
interest of public s3fety.
3. St3noords f-or review ::md decision. The community development coordinator shall
review 3n applic:Jtion for 3 sidc'N31k c3fe to determine compli3nce with all
requirements of this section through 3 complete 3pplication including site plan, proof
of insur3nce 3nd :JII other documents required by this Code. The community
development coordinator m3Y 3pprove the 3pplic3tion, 3pprove the application with
conditions that ensure compli3nce with this Code and are needed to ensure
compatibility of the sidew31k c3fe with 3djoining businesses, or deny the 3pplication.
The timeframe and process for review of a sidewalk c3fe for an existing business
shall be as prescribed in section '1 203, building permit of this Code. The timeframe
and process for review of a sidewalk cafe as part of a flexible standard or flexible use
shall be as prescribed in article '1 of this Code.
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Ordinance No. 8042-09
The City of Cle31vv3ter reserves the right to inspect the side'N31k c3fe 3t 3ny time
with or without notice to the oper3tor to determine complbnce with this Code 3nd
3ny conditions 3ttached to the side'Nalk c3fe.
1. /\pp03! af cammunjty do'/olopmont coordjno.tor decision. For sidew31k c3fes using
public right of way, the community development coordinator m3Y deny 3n 3pplic3tion
for 3 sidew31k c3fe permit if the 3pplic3nt bils to provide the required inform3tion or
f3ils to moet the criteri3 for permit issu3nce. Such 3ction sh311 be considered fin31
3nd is not subject to 3ppe31. For side'Nalk cafes on private property, 3n 3ppe31 of the
community development coordin3tor's decision m3Y be submitted in 3ccord3nce with
the provisions of Article 1.
5. Rovoc:Jtian of pormit. The community development coordin3tor m3Y revoke 3 permit
for 3ny sidewalk c3fe loc3ted on public right of W3Y if it is found th3t:
(1) ,A,ny necess3ry business or he31th permit h3s been suspended or revoked; or
(2) The permittee doee not h3ve currently effective insur3nce in the minimum
3mount as required in this Code; or
(3) Changing conditions of pedestri3n or vehicul3r traffic C3use congestion
necessit3ting the rem 0'.'31 of the sidevl3lk cafe. Such decisions sh311 be b3sed upon
findings of the community development coordinator, 3fter consulting with the city
engineer, th3t the existing conditions represent a d:::mger to the he3lth, s3fety or
general 'Nelfare of the public; or
(1) The permittee fails to comply '....ith one or more conditions of tho permit.
Upon revoc3tion of 3 permit, the community development coordinator Sh311 give
written notice of such 3ction by certified mail, return receipt requested, to the
permittee at the 3ddress listed on the 3pplic3tion, st3ting the re3son(s) for
revoc3tion. The revoc3tion eh311 become effectivo 3nd fin31 15 d3YS following m3iling
of the notice, and is not subject to appe31.
Tho city m3n3ger or designee m3Y t3ko 3t 3ny timo, v.'hother or not tho pormit was
issued, is current, in the process of being revoked, or h3S been revoked, such 3ction
reg3rding 3 sidew31k c3fe loc3ted on public property 3S is necess3ry to preserve
public s3fety. Such 3ction sh311 be considered fin31 3nd is not subject to appe31.
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Ordinance No. 8042-09
Section 2. That Article 3, "Development Standards", Division 2, "Accessory
Use/Structures", Section 3-201, "General", of the Community Development Code, be, and
the same is hereby amended to add subsection C, "Outdoor Cafes", as follows:
Section 3-201. General.
***********
C. Outdoor cafes. Restaurants may establish on-site outdoor cafes as an accessory
use. Such cafe areas shall be reviewed and approved throuqh the applicable development
review process as set forth in Article 4 of this Community Development Code and shall be
exempt from parkinq requirements.
Section 3. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", of the Community Development Code, be, and the same is hereby
amended to add Section 3-909, "Outdoor cafes located within public right(s)-of-way" and re-
number "Newsracks" as Section 3-910 and the subsequent sections as appropriate:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
***********
Section 3-909. Outdoor cafes located within public riQht(s)-of-wayNewsracks.
A. Applicabilitv. A restaurant or a take-out food establishment with no indoor seatinq
may establish an outdoor cafe and shall be exempt from parkinq requirements.
1. Outdoor cafes are allowed only in:
a. The Downtown District:
b. Those properties located in the Commercial District subject to the Clearwater
Downtown Redevelopment Plan: and
c. Those properties located in the Tourist District on Clearwater Beach.
2. Special provisions of this section apply to outdoor cafes located within the Cleveland
Street Cafe District.
B. Application process. The Community Development Coordinator shall review all
outdoor cafes as an allowable encroachment into the public riqht(s)-of-way subiect to
compliance with the location. desiqn and operational requirements below.
C. Location and desiqn requirements.
1. Outdoor cafes are restricted to the sidewalk frontaqe of the subject business
applyinq for a permit. except that outdoor cafes located within the Cleveland Street
Cafe District may extend the linear distance of any adjacent business frontaQe, in
accordance with the provisions of Section 3-909.D.1 O.
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Ordinance No. 8042-09
2. A minimum of one unobstructed pedestrian path at least four feet wide shall be
maintained at all times. Within the Cleveland Street Cafe District the path shall abut
the buildinq facade.
3. All furnishinqs shall be of qood desiqn and made of quality materials.
4. No furnishinq shall be chained or attached to any tree, post. siqn or other fixture.
5. No furniture shall be permitted within the siqht visibility trianqle as required by the
Community Development Code. Furniture shall not be placed within four feet of bus
stops. telephone booths, fire hydrants. or counter service windows or within two feet
of any entrances and/or exits.
D. Operational requirements.
1. All furnishinqs shall be maintained by the outdoor cafe operator in a clean and
attractive appearance and shall be in qood repair at all times.
2. No amplified music shall be allowed.
3. No food storaqe or preparation shall be allowed within the riqht(s)-of-way.
4. The hours of operation of an outdoor cafe shall coincide with those of the associated
business.
5. The outdoor cafe operator is responsible for repair of any damaqe to the riqht(s)-of-
way caused by the restaurant or it's patrons.
6. Bv use of any permit qranted hereunder, the outdoor cafe operator aqrees to
indemnify. defend. save and hold harmless the City, its officers. aqents and
emplovees from any and all claims. liability, lawsuits. damaqes and causes of action
which may arise out of the use of the public riqht(s)-of-wav. The outdoor cafe
operator shall enter into a written aqreement with the City to evidence this
indemnification. Such aqreement must have the written approval of the City Attorney
prior to issuance of permit.
7. The outdoor cafe operator shall show evidence of:
a. Comprehensive qeneral liability insurance on an "occurrence" basis in an
amount not less than $1.000,000 combined sinqle limit bodily iniury liability
and property damaqe liability. The City is to be specifically included as an
additional insured on the policy.
b. Workers' Compensation insurance applicable to its employees, if any. for
statutory coveraqe limits in compliance with Florida laws. includinQ
employers' liability which meets all state and federal laws.
8. The outdoor cafe operator shall provide the City with the certificate(s) of insurance
evidencinq required coveraqes. Current certified copies of such required coveraqes
shall be provided to the City when specifically requested in writinQ.
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Ordinance No. 8042-09
9. All policies of insurance must be endorsed to provide the City with 30 days notice of
cancellation or restriction.
10. For outdoor cafes located within the Cleveland Street Cafe District that intend to use
the public riQht(s)-of-way in front of an adjacent business. the applicant must submit
a notarized statement from the adjacent property owner(s) indicatinQ consent to use
the riQht(s)-of-way in front of their business as an outdoor cafe.
11. As necessitated by riQhHs)-of-way repairs. the City may require the temporary
removal of outdoor cafes and all related furnishinQs. The outdoor cafe operator shall
be responsible for removinQ all furnishinQs at least 24 hours prior to the date
identified in writinQ by the City. The City shall not be responsible for any costs
associated with the removal or the return and installation of any such furnishinQs.
12. The City may cause the immediate removal or relocation of all or any part of the
outdoor cafe in emerqency situations. The City. its officers. aQents and employees
shall not be responsible for any damaQes or loss of furnishinqs used in association
with an outdoor cafe relocated durinQ ememency situations and shall not be
responsible for any costs associated with the removal or the return and installation of
any such furnishinQs.
13. The City shall have the authority to secure or remove any furnishinQ(s) associated
with the outdoor cafe if necessary in the interest of public safety.
E. Revocation of permit. Upon revocation of a permit, the Community Development
Coordinator shall qive written notice of such action by certified mail, return receipt
requested. to the permittee at the address listed on the application, statinq the reason(s) for
revocation. The revocation shall become effective and final 15 days followinQ mailinQ of the
notice. and is not subject to appeal. The Community Development Coordinator may revoke
a permit for any outdoor cafe if it is found that:
1. Any necessary business or health permit has been suspended or revoked; or
2. Chanqinq conditions of pedestrian or vehicular traffic cause conQestion necessitatinq
the removal of the outdoor cafe. Such decision shall be based upon findinqs of the
Community Development Coordinator, after consultinq with the city enqineer, that the
existinq conditions represent a danqer to the health. safety or qeneral welfare of the
public and cannot be resolved throuqh modification to the outdoor cafe layout: or
3. The outdoor cafe operator fails to comply with one or more requirements of the
permit.
4. The outdoor cafe is deemed to be a threat to public safety. in which case the permit
may be revoked immediately without notice or compliance with the requirements
described above.
Section 3-910. Newsracks.
***********
Section 3-911G.Color.
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Ordinance No. 8042-09
***********
Section 3-916-1-. Underground utilities.
***********
Section 3-91~2. Outdoor display/storage.
***********
Section 3-91~. General standards for Level One and Level Two approvals.
***********
Section 3-91.Q4. Stormwater detention facilities.
***********
Section 3-91~S. Uses involving vehicles.
***********
Section 3-9116. Vending machines.
***********
Section 3-91~+. Maintenance in accordance with approved plans.
***********
Section 3-91~8. Prima facie evidence of certain uses in residential zoning district.
***********
Section 3-9204-9. Affordable housing parking requirements.
Section 4. That Article 4, "Development Review and Other Procedures", Division 2,
"General Procedures", Section 4-202, "Applications for development approval", of the
Community Development Code, be, and the same is hereby amended to amend subsection A,
"Basic information required for all applications", as follows:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for development
approval shall include the following information:
***********
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Ordinance No. 8042-09
26. In addition to the requirements found in 4-202.A.1-9, an application for an outdoor
cafe located in the public riqht(s)-of-way shall include the followinq:
a. Written permission to file the application from the owner of the property in which the
business is located:
b. A site plan that depicts the followinq:
i. The proposed outdoor cafe area includinq dimensions:
ii. All doors to the buildinQ, as well as those of the adjacent storefront
iii. The location of curbinq, sidewalk and any other furnishinq or structure within
the public riqht(s)-of-way;
iv. Clear delineation of the required pedestrian pathway: and
v. Proposed locations and sizes of furnishinqs used in association with the
outdoor cafe.
c. Visual representation fully depictinq the appearance, color. and materials of all
proposed furnishinqs related to the outdoor cafe:
d. COpy of written approval from any aqency other than the City of Clearwater havinq
iurisdiction over the public riqht(s)-of-way: and
e. A COpy of current certificate of insurance in the amounts and cateQories required by
Section 3-909.
Section 5. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
add definitions of "Cleveland Street Cafe District" and "Outdoor cafe" and delete the definition of
"Sidewalk cafe" as follows:
Cleveland Street Cafe District means the area on Cleveland Street bordered by Myrtle
Avenue and Osceola Avenue.
***********
Outdoor cafe means a use accessory to an adjacent business when located on private
property. or an allowable encroachment when located within public riqht(s)-of-way, that
serves beveraqes and food and is open-air.
***********
SfdeW3#< cafe means ~n ~ccessory use to ~n ~dj~cent business ~nd is loc~ted outside of
the bound~rios of the building; food ~nd bever~ge ceNice or other ~ctivities rel~ted to the
princip~1 use m~y be ~IlO'.ved ~s part of the sidewalk cafe. A sidevJalk c~fe may be ~llo'Ned
either on private property or within the public right of w~y.
Section 6. That Appendix A, "Schedule of Fees, Rates and Charges", 'Subject VIII,
"Land Development", of the Community Development Code, be, and the same is hereby
amended to add an Outdoor Cafe Permit Fee and delete the sidewalk cafe application and
permit fee as follows:
APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES*
***********
(1) Level One.
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Ordinance No. 8042-09
***********
(i) Sidewalk c3fe application:
If proposed 3S 3ccessory to :::m existing use. . . 50.00
If P3rt of a flexible or flexible standard application, no additional fee.
Sidewalk cafe parmit . . . 120.00
Due on or before October 1 of e3ch ye3r and shall cover the time period of October 1
through September 30 of the following calendar year. For a permit issued after October 1
and before September 30, the permit fee sh311 be pror3ted on 3 monthly b3sis. Any portion
of a month shall be considered a full month for the purposes of calculating the prorated
permit fee.
(i) Outdoor Cafe Permit (applicable only if located within public riqht(s)-of-way)... $50.00
Section 7. That Chapter 6, "Alcoholic Beverages", Article II, "Operation of
Establishments", Division 1, "Generally", Section 6.31, "Prohibited acts", of the Code of
Ordinances, be, and the same is hereby amended as follows:
Sec. 6.31. Prohibited acts.
***********
(4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, at the
following places, except pursuant to an alcoholic beverage special event permit issued
under the provisions of section 22.88 through 22.91, pursuant to an outdoor sidewalk cafe
permit issued under the provisions of section 3 201 C. of the Community haRd-Development
Code, or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco
of the Florida Department of Business and Professional Regulation that permits the sale or
consumption at the location:
***********
Section 8. That Chapter 28, "Streets, Sidewalks, Other Public Places", Article I, "In
General", Section 28.04, "Trading and selling on streets", of the Code of Ordinances, be, and
the same is hereby amended as follows:
Sec. 28.04. Trading and selling on streets.
Except for the sale of ice cream from ice cream trucks on streets in residential areas,
which have been issued a city business tax receipt for such use, and unless authorized by
Article III of Chapter 22 which pertains to special events, it shall be unlawful for any person
to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or
merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or
public property, sidewalk or park within the city.
This section shall not apply to curb service furnished by any regularly established
and licensed place of business in the city, and this section shall not apply to the holding of
bazaars or other sales not made or carried on for personal profit, where such sales are
operated in front of or adjacent to a store or place of business with the consent of the owner
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Ordinance No. 8042-09
or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent
the operation of an outdoorside'N31k cafe on the public riqht(s)-of-waysidew3Ik where the
outdoorsidewalk cafe is permitted under the provisions of section 3-909:w+G-:- of the
CommunitybaM Development Code.
Section 9. 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 10. 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 11. 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 12. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 13. 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
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Ordinance No. 8042-09
Cate Lee
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee(ii),mvclearwater .com
PROFESSIONAL EXPERIENCE
. Planner II, Long Range Division
City of Clearwater, Clearwater, Florida November 2008 to Present
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Create maps for decision makers using Geographic Information Systems
software.
. Planner I and Planner II, Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
. Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson, AICP.
. Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
. Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
. American Planning Association