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TA2009-01002 - Ordinance No. 8043-09 Case:TA2009-01002 Ordinance No: 8043-09 Agenda Item: D2 CDB Meeting Date: Case: Ordinance No.: Agenda Item: June 16, 2009 T A2009-0 1 002 8043-09 D2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights. INITIATED BY: City of Clearwater Planning Department BACKGROUND: Countywide Plan Rules Article 3, Division 3.2, require that land development regulations be consistent with the criteria and standards set forth in the Countywide Rules. In keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed community development codes of all Pinellas County municipalities to compare their codes with the Countywide Plan Rules. These reviews resulted in consistency reports indicating areas of the Code that may be inconsistent with the Countywide Plan Rules. The Planning Department met with PPC staff to review the Clearwater Consistency Report and come to an agreement as to which amendments were necessary to address the PPC's concerns. These amendments address those consistency issues as well as other issues identified as part of the annual code update process. Suggested amendments have been collected from the Planning Department, Engineering Department, Marine and Aviation, and the City Attorney's Office. Staff discussions occurred to make certain that the amendments are workable and not in conflict with other City codes and processes. The amendments improve the administration of the Code or regulations imposed, in order to better reflect City development patterns and improve internal processes. Community Development Board - June 16, 2009 T A2009-0 1 002 - Page 1 ANAL YSIS: The Planning Department is recommending a total of 45 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided herein, and a complete summary of amendments is attached. Also attached is Ordinance No. 8043-09 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zonin2 Districts . Permitted Uses Location (Chart 2-100 of Ordinance, Pages 14,15,20,21 and 22) Ordinance No. 8043-09 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what uses are permitted and where they are permitted. The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable Level One permitted use in the Institutional and Preservation Districts. Public Transportation Facilities are proposed to be removed as an allowable Level One permitted use in the Open SpacelRecreation zoning district. These proposed changes ensure the districts' uses are consistent with the Countywide Plan Rules. . Overnight Accommodations in the Tourist District (Pages 10 and 12 of Ordinance) These amendments change the parking requirement for proposed Overnight Accommodation projects within the Tourist District. The Flexible Standard Development or Level One parking requirements for Overnight Accommodations use is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to 1.2 spaces per unit is established for parking requirements for Overnight Accommodations permitted through the Flexible Development or Level Two process in the Tourist District, and flexible criteria addressing the same are added. The amendments will ensure that overnight accommodations will provide adequate parking for both guests and employees of the hotels, and were based on Institution of Transportation Engineers (ITE) standards for resort hotels. Community Development Board - June 16, 2009 T A2009-0 1 002 - Page 2 · Use Limitations (Pages 16 - 20 of Ordinance) This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the Countywide Plan Rules. . In the IRT district, office, vehicle service, vehicle sales/display, and major vehicle sales/displays uses in the Industrial General (IG) future land use designation are allowed only as accessory uses. . Prior to this amendment the existing size limitation for vehicle services uses in the Industrial Limited (IL) future land use designation applied to vehicle service uses. This amendment will limit size for major vehicle sales/displays in both the IL and IG land use designations and vehicle service in IL. . This amendment also amends the size limitations for Restaurants within IL, increasing it from 2 'li acres to 5 acres. . Prior to this amendment a future land use map amendment was required for a utilitylinfrastructure use in excess of 10 acres. After the amendment, future land use map amendments will be required for utility/infrastructure uses in excess of 5 acres. . Manufacturing uses in the IRT district are limited consistent with the Countywide Plan Rules. . Outdoor recreation/entertainment uses in OSR are limited to golf courses and clubhouses. Article 3 - Development Standards · Docks (Pages 22 - 24 of Ordinance) This amendment sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered through a Level Two approval process to minimize impacts for environmental, navigational or recreational area issues. · Lighting within Sea Turtle Nesting Areas (Page 28 and 29 of Ordinance) This amendment establishes lighting standards for light sources on Clearwater Beach and Sand Key. The proposed standards include the consideration of positioning and Community Development Board - June 16,2009 T A2009-0 1 002 - Page 3 the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. · Parking Garage and Parking Lot Design Amendments (Pages 29 - 32 of Ordinance) This amendment provides additional design standards for parking garages. The amendment establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. The amendment also addresses parking space design when columns project into a space. The amendment includes stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps. The amendment removes minimum distances between rights-of-way and the first parking space in a parking lot. Article 4 - Development Review and Other Procedures · Hearing Officer Appeals (Page 33 of Ordinance) As requested by the Legal Department, this amendment updates the appropriate method of recording Community Development Board meetings from audiotape recordings to streaming video available on the City's web site. Additionally, the time allowed for filing a motion to supplement the record is extended from 10 days to 30 days. · Transfer of Development Rights (Page 33 and 34 of Ordinance) These amendments expand requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments address consistency of use characteristics between sending and receiving parcel plan categories, restrictions on TDRs associated with the coastal storm area, and development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Other Amendments Proposed Ordinance 8043-09 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: Community Development Board - June 16,2009 T A2009-0 1 002 - Page 4 . Providing for an increased level of consistency among the Code, other law or rules, including the Countywide Plan Rules and the Countywide Future Land Use Map; . Clarifying the application of the sight visibility triangle by replacing images and removing language that was unclear and applying the sight visibility triangle to all waterfront properties; . Establishing a buffer requirement within the TransportationJUtility future land use category when lands are adjacent to another land use category other than Industrial General or Industrial Limited; . Replacing graphics to clarify City requirements for site lighting; and . Amending the definitions section with regard to "retail sales and services" and "vehicle sales/displays" to allow the sale, retail and/or repair of bicycles within the Commercial District, correcting the definition for "floor area ratio", and including definitions for "beach access point", "Clearwater Beach", "deflected light", "gross land area" and "Sand Key". CRITERIA FOR TEXT AMENDMENTS: Code Section 4-60 I 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 ofthe Comprehensive Plan. Below is a selected list of goals, policies, and objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy H.I.I.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. The proposed amendments include the addition of language ensuring the City's Zoning Atlas will be consistent with the Countywide Future Land Use Map. Additional language is proposed within each zoning district to reinforce Community Development Board - June 16, 2009 TA2009-01002 - Page 5 consistency with the Countywide Plan Rules. Further limitations to any uses are proposed consistent with the Countywide Plan Rules. 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.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed amendments provide for enhanced parking requirements for overnight accommodations within the Tourist District, and establish flexible criteria for hotels depending on room size. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Objective E.2.2 Clearwater's barrier islands include natural resources which shall be preserved from encroachment and development. Policy F.1.3.5 Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. The proposed amendments include lighting standards intended to increase the protection of sea turtles nesting on area beaches. 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 include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. 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. The amendments further those development goals established in the Code, and existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8043-09 that amends the Community Development Code and the Code of Ordinances. Community Development Board - June 16, 2009 T A2009-0 1 002 - Page 6 Prepared by Planning Department Staff: ATTACHMENTS: o Ordinance No. 8043-09 o List of Community Development Cod: Issues S:\Planning DepartmentlCommunity Development Codel2009 Code Amendments1TA2009-01002 - Code V PPC ConsistencylStajJ ReportlStajJ Report 061109 - Code Vdoc Community Development Board - June 16, 2009 T A2009-0 1 002 - Page 7 Resume Lauren Matzke 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke\a),myclearwater .co m PROFESSIONAL EXPERIENCE . Planner III . Planner II City of Clearwater October 2008 to present September 2008 to October 2008 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 Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. . Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. . Environmental Specialist III Florida Department of Environmental Protection Tallahassee, FL August 2005 to February 2007 Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (RED I) and numerous springs protection working groups. . Planner Florida Planning and Development Lab Tallahassee, FL August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. . Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1988 ASSOCIATION MEMBERSHIP American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.0 TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1,2-301.1,2-401.1,2-501.1,2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT' IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTiONS 2-1302, 'TABLE 2-1302", AND 2-1303, 'TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLA YS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT', "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.B, "OUTDOOR RECREATION/ ENTERTAINMENT', TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT', 'TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO CREATE ADDITIONAL REQUIREMENTS FOR - 1 - Ordinance No. 8043-09 DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.0, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.B, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REV!EW ,lI..ND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. - 2 - Ordinance No. 8043-09 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. *********** D. Consistency. The Zoninq Atlas of the City of Clearwater shall be consistent with the City Future Land Use Pian and the provisions of the CountyWide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2"1 OOPERMI.TTED USES Use Categories LDRLMDR MDR MHOR HDRMHP C .T 010 I IRT OSR P CRNCOD IENCOD Residential Accessorv dwellinos X X X X X X Attached dwellinos X X X X X X X Community residential homes X X X X X X X X Detached dwellinos X X X X X X X X Mobile homes X Mobile home parks X Residential infill proiects X X X X X X X Nonresidential Adult uses X X Ai rport X Alcoholic beveraoe sales X X X - 3 - Ordinance No. 8043-09 A.nimal grooming and or boarding X X X A.ssisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfwav houses X Hospitals X Indoor recreation/entertainment X X X X Light assemblv X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Mixed use X X X X Nightclubs. taverns and bars X X X X Non-residential off-street parking X X X X Nursinq homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storaqe X X Overniqht accommodations X X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facilitv X X Publishinq and Drinting X Public transportation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV Darks X Salvage yards X Schools X X X X X X X Self-storaqe warehouse X X Sidewalk vendors X X - 4 - Ordinance No. 8043-09 Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X ITV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X ~ehicle sales/displays X X ~ehicle sales/displays, limited X X ~ehicle sales/displays, major X ~ehicle service X Vehicle service, limited X Vehicle service, major X ~eterinary offices X X X X Wholesale/distribution/warehouse facility X Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LOR")", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LOR") may be located in more than one land use category. It is the intent of the LOR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LOR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. includinq any acreaqe or tioor area restrictions set forth in the Ruies Concerninq th'e Administration of Hie CountyWide Future Land Use Plan. as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LOR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate I dwelling unit per acre FAR .30/ISR .60 Residential Suburban 2.5 dwelling units per FAR .30/ISR .60 acre Residential Low 5 dwelling units per FAR .40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDR")", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: - 5 - Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. The Low Medium Density Residential District (nLMDRn) may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. includinQ any acreaqe or floor area restrictions set forth in the Rules ConcerninQ the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR .40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR .40/ISR .65 acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District (nMDRn) may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State iaw. The uses and deveiopment potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property~ includinQ any acreaQe or floor area restrictions set forth in the Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan, as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Units per Acre of Land Ratio/Impervious Surface Use Designation Ratio Residential Urban 7.5 dwelling units per FAR .40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR .50/ISR .75 acre Residential Medium 15 dwelling units per FAR .50/ISR .75 acre Residential/Office General 15 dwelling units per FAR .50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR .40/ISR .85 acre - 6 - Ordinance No. 8043-09 Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the CountyWide Future Land Use Plan. as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Ratio/Impervious Surface Land Use Designation Units per Acre of Land Ratio Residential Medium 15 dwelling units per FAR .50/ISR .75 acre Residential High 30 dwelling units per FAR .60/ISR .85 acre \ Section 7. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations of the property, includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the CountyWide Future Land Use Plan, as amended from time to time. Development potential for the CountyWide Future Land Use Desiqnations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area RatiolImpervious Surface Land Use Designation Units per Acre of Land Ratio Residential High 30 dwelling units per FAR .60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 acre -7- Ordinance No. 8043-09 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District s.hall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR .50/ISR .75 Medium acre Section 9. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that deveioprnent be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR .40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR .45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR .55/ISR .90 40 units per acre acre ResidentiallOffice/Retail 18 dwelling units per FAR .40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 50 units per acre acre - 8 - Ordinance No. 8043-09 Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District ('T')", Section 2-801.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read 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 Future Land Use Plan as required by state law. The uses and 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 Council and the countywide planning authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Maximum Floor Area Ratio/ Maximum Overnight Countywide Maximum Impervious Surface Ratio Accommodations Future Land Dwelling Units Units Per Acre * Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort 30 dwelling FAR 2.0/ISR .95 FAR acre and Facilities FAR J.OIISR .95 FAR 3.0/ISR .95 I.O/ISR 50 three acres: High units per acre FAR 4.0/ISR .95 .95 90 Greater than three acres: 110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")" , Section 2-802, 'Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Use (I) Area Lot Height (I) Min. Setbacks Density Min. Off-Street Parking Width (ft.) (I) (sq. ft.) (ft.) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a nla nla n/a 30 I/unit units/acre Alcoholic Beverage Sales 5,000 50 35 10-- 10 20 nla 5 per 1,000 GFA 15 - 9 - Ordinance No. 8043-09 Attached Dwellings 10,000 100 35--50 10-- 10 IOn 30 2 per unit 15 20 unitslacre Governmental Uses (2) 10,000 100 35--50 10-- 0-- IOn nla 3--4/1,000 GFA 15 10 20 Indoor 5,000 50 35-- 0--15 0-- 20 nla 10 per 1,000 GFA RecreationlEntertainment 100 10 Medical Clinic 10,000 100 30--50 10-- 10 20 20 2--3/1,000 GFA 15 Mixed Use 10,000 50n 35--50 0-- 15 On 10-- 30 Based upon use 100 10 20 unitslacre requirements Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000 GFA Non-Residential Off-Street nla nla nla 25 5 10 nla nla Parking Offices 10,000 100 35--50 10-- 0-- 10-- nla 3 --4 spaces per 1,000 15 10 20 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor 5,000 50 35 10-- 10 20 nla determined by the RecreationlEntertainment 15 community development director based on ITE Manual standards Overnight 20,000 100- 35--50 10-- On 10-- 40 .113.. per unit Accommodations -150 15 10 20 roomslacre Parking Garages and Lots 20,000 100 50 15-- 10 10-- nla nla 25 20 I per 20,000 SF land area or as determined by Parks and Recreation nla nla 50 25 10 20 nla the community Facilities development coordinator based on ITE Manual standards Public Transportation nla nla 10 nla nla nla nla nla Facilities (3) Restaurants 5,000-- 50n 25--35 10-- 0-- 10-- nla 7 -15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000-- 50-- 35--50 10-- 0-- IOn nla 4n5 spaces per 1,000 10,000 100 15 10 20 GFA Sidewalk Vendors nla nla nla nla nla nla nla nla Social and Community 5,000-- 50-- 35n50 10-- On IOu nla 4-- 5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Uti I i ty/Infrastructure nla nla nla 25 10 10 nla nla Facilities (4) (I) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. - 10- Ordinance No. 8043-09 (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District (IT')", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Max. Min. Min. Min. Use (/) Area Lot Height Front Side Rear Density Min. Off Street (sq. ji.) Width (ft.) (/) (ftf) (ft.) (/) (ft.) (/) Parking (ft.) Alcoholic Beverage Sales 5,000 50 35-- 0--15 0--10 10--20 n/a 5 per 1,000 GFA 100 Attached Dwellings 5,000-- 50n 35-- 0--15 0--10 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill units/acre; community Reueveiupmeni Project nla n/a nla nla n/a nla Af\ development ..v coordinator for all rooms/acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5,000 50 35-- 0--15 0--10 10--20 n/a 4--5 spaces per Display 100 1,000 GFA Marinas and Marina 5,000 50 25 10-- 0--10 10--20 n/a I space per 2 slips Facilities 15 Mixed Use 5,000-- 50-- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 35-- 0--15 0--10 10--20 n/a 10per I,OOOGFA 100 Offices 10,000 100 35-- 0--15 0--10 10--20 n/a 3--4 spaces per 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 5,000 50 35 5--15 0--10 10--20 n/a determined by the RecreationlEntertainment community development coordinator based on ITE Manual - 11 - Ordinance No. 8043-09 standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0--20 40 1::.l1. per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0--15 0--10 10--20 n/a 7 --15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4-- 5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above reguiations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. I. Overnight accommodations. *********** 6. Off-street parkinq: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1.000 feet of an existinq public parkinq qaraqe with documented available capacity. Ie. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; !J.7. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; ~g. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 109. A development agreement must be approved by the City Council pursuant to F.S. SS 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to F.S. S 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. *********** Section 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development - 12 - Ordinance No. 8043-09 potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("0")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("0") may be located in more than one land use category. It is the intent of the 0 District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the o District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan. as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the 0 District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Ratio/Impervious A ccommodatiofls Land Use Designation per Acre of Land Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR .40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR .50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District ("I")", Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan. as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Countywide Future Land Use Maximum Dwelling Units per Acre Maximum Floor Area Designation of Land Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR .65/ISR .85 Transportation/Utility n/a FAR .70/ISR .90 - 13 - Ordinance No. 8043-09 *********** Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District ("I")", Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-Iettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "!" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft.) Height Min. OjfStreet Parking (sq. ft.) (ft.) (ft.) Front Side Rear Accessory Dwellings n/a nla n/a n/a n/a n/a 1/unit Airport n/a n/a nla n/a nla n/a n/a Educational Facilities 40,000 200 15-- 10 IS-- 50 .5--1 per 2 students 25 20 Halfway Houses 10,000 100 15-- 10 15-- 30 I per 2 residents 25 20 Hospitals 1--5 100-- IS-- IOn IS-- 50 1-- 2/bed acres 250 25 25 25 Medical Clinic 20,000 100 15-- 10 20 30 5/1 UOO SF 25 I 10/1,000 Sf Land ,^.rea or as G\Hdeef 10,000 200- ~ ~ ~ ~ determined by the community Recreatioa'Entertainment fr-- M- development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 15-- 10 15-- 50 nla 25 20 Places of Worship 20,000 100 15-- 10 IS-- 50 .5--1 per 2 seats 25 20 Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 15-- 10 15-- 30 I per 2 residents 25 20 Retail Sales and Service 10,000 100 15-- 10 IS-- 50 5 per 1,000 SF GFA 25 20 Utili ty/lnfrastructure n/a n/a 15-- 10 15-- n/a nla Facilities( I) 25 20 Assisted Living Facilities 15,000-- 100 25 5 10 50 I per 2 residents 20,000 Nursing Homes 15,000 I 00-- 25 5 IS 50 I per 2 residents - 14 - Ordinance No. 8043-09 150 Social and Community 20,000 100 15-- 10 15-- 30--40 4--5 per 1,000 GFA Center 25 20 Congregate Care 20,000 100 25 5 10 50 I per 2 residents (I) 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. *********** G. Outdoor rocroation/ontorklfnmont. 1. Tho parcol proposod for dovelopment is not contiguous to a p3rcel of bnd which is design3ted 3S residenti31 in the Zoning Nlas; 2. All sign3ge is a p3rt of 3 comprehensive sign progr3m; 3. Sound 3mplification is dosigned 3nd constructed to ensure th3t no 3mplified sound C3n be he3rd to the extont that the sound is recognizable in terms of the me3ning of words or melody '.vhen wind conditions are less than ton miles per hour at 3 dist3nce of more th3n 100 feet in 311 directions or when 'Nind conditions are ten miles per hour or gre3ter 3t 3 dist3nce of more than 1S0 feet in all directions; 11. j\1I outdoor lighting is designed 3nd constructed so th3t no light blls directly on bnd other than the parcel proposed for development. S. Off stroot p3rkfng: The operational character of the outdoor recre3tion/entert3inment use 3nd the loc3tion of the p3rcel proposed for development is such th3t the likely use of the property 'Nill require fewer p3rking sp3ces per 13nd 3rea th3n other.vise required or th3t significant portions of the land '.viII be used for p3ssive or other non p3rking dem3nd gener3ting purposes. 6. Front sotb3Ck: The reduction in front setb3ck results in 3n improved site pbn or improvod design 3nd 3ppe3rance. *********** Section 17. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property~ includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the CountyWide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: - 15 - Ordinance No. 8043-09 Maximum Floor Area Ratio/ Maximum Overnight Maximum Accommodations Countywide Dwelling Impervious Surface Ratio Units Per Acre Future Land Units Use per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master FAR development plan development plan Industrial N/A FAR .65/ISR FAR 1.5/ISR .65/ISR requirements in requirements in Limited .85 .85 .85 Section 2.3.3.6.1 Section 2.3.3.6.1 ofthe of the Countywide Plan Countywide Plan Rules] Rules] FAR i Industrial N/A N/A N/A .75/ISR N/A N/A I General .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development -- Min. Lot Min. Lot Min. Setbacks Max. Uses Area Width (ft.) Height Min. Off-Street Parking (sq. ft.) (ft.) (ft.) Front Side! Rear Accessory Dwellings 5,000 50 20 IS 50 I1unit Governmental Uses( I) 20,000 200 20 IS 50 3/I ,000 SF GF A Indoor 20,000 200 20 15 50 5/I ,000 SF GF A or Silane, 2/court or RecreationlEntertainment(Z4 ) I/machine Manufacturing ill 20,000 200 20 15 50 1.5/I ,000 SF GF A Offices ffi 20,000 200 20 15 50 3/I ,000 SF GF A Outdoor Storage (accessory n/a n/a nla n/a n/a n/a use )(22,) I per 20,000 SF land area or as Parks and Recreation Facilities nla nla 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards - 16 - Ordinance No. 8043-09 Publishing and Printing 20,000 200 20 IS 50 3/1 ,000 SF GF A Research and Technology 20,000 200 20 IS 50 2/1 ,000 SF GF A Restaurants(Q.J) 10,000 200 20 IS 50 IS spaces per 1,000 SF GF A Self Storage 20,000 200 20 IS 50 I per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 IS 50 4/1 000 SF GF A Vehicle Service ill 20,000 200 20 IS 50 1.5/1,000 SF GF A Who lesalelDistribution/ 20,000 200 20 IS 50 1.5/1 ,000 SF GF A Warehouse Facility (I) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan categorv. (3)ln the Industrial Limited (IL) land use categorv, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing. fabrication, assembly, treatment packaging, storage, sales and distribution of goods. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (2~) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (Q.J) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five hvo and one half acres. Any such use, alone or when added to contiguous like uses which exceed five two and one half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (1) Indoor reereatiOlb'entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, SHall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) CountyY:ide future land use plan eategory. (7) Vehicle service located in the Industrial General (IG) future land use categorv shall be allowed only as an accessory use, located within the structure to which it is accessory. and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. - 17 - Ordinance No. 8043-09 Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min. Setbacks Max. Uses Area Width (ft.) Height Min. Off-Street Parking (sq. ft.) (ft.) (ft.) Front * Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1 000 SF GF A Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturingill 10,000 100 20 15 50 1.5/1.000 SF GF A Offices 20,000 200 20 15 50 3/1 ,000 SF GF A 1--10/1 ,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1 ,000 SF GF A Parking Lots 10,000 100 20 15 n/a nla Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GF A Public Transportation FacilitiesG+) n/a n/a n/a n/a 10 nla Publishing and Printing 10,000-- 100-- 20 15 50 3/1 ,000 SF GF A 20,000 200 Research and Technology 10,000 100 20 15 50 2/1 ,000 SF GF A Residential SheltersC?;?,) 5,000 50 20 15 30 3/1 ,000 SF GF A Retail Sales and Services n/a n/a nla nla nla nla Restaurants(1~) 5,000-- 50 - 20 15 30 7--15 spaces per 1,000 GFA 10,000 100 Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for manager's office TV !Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(lJ.) nla n/a 20 15 n/a nla Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1 ,000 SF Lot Sales Area Vehicle Sales/Displays(g4) Vehicle Service @ 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1 ,000 SF GF A Grooming Wholesale/Distribution/W arehouse 10,000 100 20 15 50 1.5/1 ,000 SF GF A Facility *The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) In the Industrial Limited (IL) land use category. manufacturing shall be limited to a use engaged in the manufacture. predominately from oreviously prepared materials, of finished products or parts. including processing. fabrication, assembly, treatment, packaging, storage, sales and distribution of goods. - 18 - Ordinance No. 8043-09 G-l-) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (12.) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate categorv which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (2~) Utilitylinfrastructure uses shall not exceed five ten acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (Q.4) Vehicle sales/displays, maior vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restatlrants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restamants located in the IL future land use category shall Flot exceed hvo and one half acres. f.ny such use, alene or '.'..hen adeed to contiguous like uses whien exeeed two and one half acres shall require a land use plan amendment to the apprepriate category ','inich shall include such ase and all contiguous like uses. Restaurants located in the IG future land !lse category shall be allowed only as an accessory use, located within the structure to whicn it is accessory, and shall not exceed 25 percent of the floor area of the principal use to vihich it is accessory. *********** D. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the 18 future land use cateqory shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby am~nded to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the - 19 - Ordinance No. 8043-09 CountyWide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Maximum Dwelling Units per Maximum Floor Area Ratio/Impervious Designation Acre of Land Surface Ratio Recreation/Open Space N/A FAR .25/ISR .60 Section 21. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. lli.L Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (sq. ft.) (ft.) (ft.) Front Side Rear Governmental Use n/a n/a n/a n/a n/a n/a n/a 2.5--5 per 10,000 SF land area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Publie Traflsportation !lfa----- !lfa----- !lfa----- flI'a- flI'a- .w- flI'a- Faeilities Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Uti I i ty/lnfrastructure n/a n/a 25 10 20 n/a n/a Facilities *********** B. Outdoor recreation/entertainment.;.- 1. The use is limited to qolf courses and clubhouses. ~+. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; ~2. All signage is a part of a comprehensive sign program; - 20- Ordinance No. 8043-09 4J. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 9.4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 6~. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. *********** D. Publict.r-::msport3tion facffftfos. 1. The public transportation facilities 3ro not located within 1,000 foet of another public transportation facility unless necessary to serve established tr::msit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so th8t the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning /\tI8S; 3. .^.ny lighting associated with the public tr::msport8tion facilities is designed and located so that no light is C3St directly on any residential use or land designated as residential in the Zoning Atlas; and -1. The public transport8tion facility sh811 be accessory to the principal use of the property. *********** Section 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. includinq any acreaqe or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan. as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Maximum Dwelling Units per Acre Maximum Floor Area Ratio/Impervious Designation of Land Surface Ratio Preservation N/A FAR .1 O/ISR .20 - 21 - Ordinance No. 8043-09 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Height Min. Off-Street Use Size Min. Setbacks (ji.) (sq. ft.) Width (ji.) (ji.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips GutOOef 10,000 -tOO- ~ -W- ~ ~ 5/10,000 sq. ft. Recreation/Entertainment baOO- *********** B. Outdoor rocro:Jtfon/ontortafnmont: 1. The parcel proposed for development is not contiguous to a parcel of land which IS designated as residential in the Zoning I\tlas; 2. 1\11 signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than 10 miles per hour at a distance of more than 100 feet in 311 directions or 'Nhen wind conditions are ten miles per hour or greater at a dist3nce of more than 150 feet in all directions; -1. 1\11 outdoor lighting is designed and constructed so that no light falls directly on land other than the p3rcel proposed for development. Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-601. Docks. *********** C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. *********** - 22- Ordinance No. 8043-09 g. Deviations. L The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator through a Level One (flexible standard) approval process based on one of the following: (an The proposed dock will result in no naviqational conflicts ~md the lenqth of the proposed dock will not exceed 25 percent of the width of the "laterwav; or fhH)The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or 19m)The property configuration precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. in In no case shall a dock be allowed to deviate from the lenqth requirements specified in 3-601.C.1.b by more than 50 percent or 25 percent of the width of the waterway, whichever is less. *********** 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the C60mmunity Daevelopment .!2board (COB). Any multi- use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. b. Impacts on existing water recreation activities. The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hinder or discourage the existing uses of the adjacent waterway. Such by uses include including but are not limited to non-motorized boats and motorized boats. *********** h. Dimensional standards. - 23 - Ordinance No. 8043-09 *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 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 exceed oxtond 25 percent of the width of the waterway and do not constitute a navigational hazard. *********** v) Deviations. Applications for dQeviations to the dimensional standards set forth in Section 3-601.C.3.h from the roquiromonts of this soction may be considered :md approved by the community development board throuqh a Level Two (flexible development) approval process based on (a) and (b) below. No other deviation is permitted. in ordor to comply 'Nith the review critorb ost3blished in soctions 3 601 (C)(3)(3) (g). (a) The proposed dock location needs to be adiusted to minimize impacts relatinq to criteria set forth in Sections 3-601.C.3.b - q; and (b) In no case shall a dock be allowed to deviate from the lenqth requirements specified in 3-601.C.3.h by more than 50 percent or 25 percent of the width of the waterway. whichever is less. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densitieslintensities. *********** G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density. FAR. or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility dist3nce triangle described in the following figure. Remove existinQ Qraphic and replace with the followinQ Qraphic. - 24- Ordinance No. 8043-09 RIGHT OF WAY NO STRUCTURE OR LANDSCAPING MAY BE INSTAllED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30" IN HEIGHT PROPERTY LINE (TYPICAL) o "P H < ~ STRUCTURE )>. -< Sight Visibility Triangle 20' L SIGHT VISIBILITY TRIANGLE AJ H (j) I -f o " ~ )>. -< B. To enhance views of the water from residentbl waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the siqht visibility trianqle described in the followinq fiqure. except as otherwise allowed in Article 3 Division 8 in the -15 ongle formed by ten foet bock from the property line on the '.voter ::md Jlong the side property #Re. Remove existina araphic and replace with the followina araphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTAllED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHT ~ ~ PROPERTY LINE (TYPICAL) STRUCTURE i i c""! ! . 'I (j'i }O' ~ 20' ,of\ SIGHT VISIBILITY TRIANGLE WATER PROPERTY LINE, SEA WAll OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY Enhanced Views Restrictions Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: - 25 - Ordinance No. 8043-09 Section 3-907. Buffers provided for purposes other than landscapinq Vegetative buffer adjacent to preservation district or jurisdictional '....etlands. A. VeQetative buffer adiacent to preservation district or iurisdictional wetlands 1.A: A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.fh The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.G:- No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.I* Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5.e.:. If prior to October 4, i 990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utilitv future land use cateQory. A ten-foot buffer shall be provided on all lands desiqnated Transportation/Utility on the Future Land Use Map that are adiacent to any other future land use classification other than Industrial. Lands desiqnated Transportation/Utility that are adiacent to lands desiqnated industrial future land use classifications are exempt from this requirement. Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed - 26- Ordinance No. 8043-09 away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existina araphic and replace with the followinq araphic. -I m_--m_m7~~:- I I 11 ~ I I Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existinq araphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(B), whichever is less. 35'T- ~ W I ::E ::> ::E ~ SETBACK lUN' 'II i OR---- cut-off fixtu res , , , , 1': ~ 11 i J - 27 - Ordinance No. 8043-09 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existinq Qraphic and replace with the followinq Qraphic. .-.------- //~/~~~ 18'-'-f'. ---_.-- I I l- I: (!) ijj I: :::! ::> :::! ~ :::! I Non-cut-off Fixtures *********** D. Sea turtle nesting areas. To the extent possible, no light within 300 feet sh311 be visible or extend to 3re3S identified 3S Se3 Turtle Nesting I\re3s during the nesting se3wn of M3Y 1 to October 31. Those 3re3S were security and public s3fety require lighting, ~!tern~ti'!o !:ght m3~~g~me~t 3Pp~()~s!les sh~!1 be :!pp!iod. Thn F!orirl:) M:lrino Rose;Jrch Report Institute TechniC31 Report "Underst3nding, Assessing, 3nd Resolving Light Pollution Problems on Se3 Turtle Nesting Be3ches" sh311 be used 3S 3 guide to provide the most thorough solution pr3ctic31. In order to provide protection for nestinq marine turtles and their hatchlinqs durinq the nestinq season of May 1 to October 31 and to minimize artificialliqht illuminatinq areas of the beach. the followinq standards for public or private artificial Iiqht sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use. desian and positionina of liahts. a. Liqht fixtures shall be desiqned and/or positioned such that they do not cause direct illumination of the beach areas. b. The use of liqhts for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). c. Wall-mount fixtures. landscape liqhtinq and other sources of liqhtinq shall be desiqned and/or positioned such that liqht does not directly illuminate the beach areas. d. Allliqhts on balconies shall be shielded from the beach. - 28 - Ordinance No. 8043-09 e. Liqhtinq in parkinq lots within line of siqht of the beach shall be positioned and/or shielded such that only deflected liqht may be visible from the qround level of the beach. f. The use of low pressure sodium vapor Iiqhts are permitted where security or safety problems can be demonstrated, and shieldinq is cost prohibitive, and visibility from the beach cannot be prevented. 2. Liahtina for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach desiqned for pedestrian traffic shall use the minimum amount of liqht necessary to ensure safety. b. Pedestrian Iiqhtinq shall be of low wattaqe. not over 25 watts, and recessed or shielded so that only deflected Iiqht may be directly visible from the beach. 3. Liahtina approval. Prior to the issuance of a certificate of occupancy, compliance with the liqhtinq standards as set forth in this section shall be certified. 4. Standards for existina liahtina. Existinq artificial liqht sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected Iiqht may be visible at qround level from the beach and/or the Iiqht does not directly illuminate areas of the beach. 5. Publiclv owned liahtina. All publicly owned liqhtinq shall comply with the standards set forth herein to the qreatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Deve!opment Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: I. Structur31 supports loc3ted in p3rking g3r3ges Sh311 not encro3ch into the required 3re3 of 3 p3rking sp3ce. Structur31 supports sh311 be loc3ted in 3 m3nner to provide m3ximum vehicul3r m3neuver3bility 3nd sh311 not obstruct p3ssenger ingress 3nd egress. In addition to the other requirements of this section, parkinq qaraqes shall comply with the followinq: 1. The minimum clear heiqht throuqhout the qaraqe shall be 7' 0" and shall be 8' 2" for van- accessible handicapped parkinq spaces includinq inqress and eqress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable. active warninq devices such as traffic siqnals or flashinq warnino siqns/devices and/or physical barriers such as vehicular actuated oates shall be provided to warn the pedestrian and slow vehicular traffic. - 29- Ordinance No. 8043-09 3. Liqhtinq levels in parkinq qaraqes havinq public access shall meet or exceed the current minimum IlIuminatinq Enqineerinq Society (IES) standards. 4. Columns shall not encroach into the required area of a parkinq space except at the end of a parkinq space where another parkinq space or a wall abuts the parkinq space. Such proiection shall not encroach into the corner of a parkinq space by more than one foot in any direction. front to back or side to side as shown in the followinq fiqure. Add the followina Qraphic. J~-~ 1 COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SPACE WIDTH 5. Where parkinq spaces abut a wall. a column not located consistent with subsection 4 above. or any other obstruction. one-foot of additional width shall be added to the parkinq space as shown in the followinq fiqure. - 30- Ordinance No. 8043-09 Add the followinQ qraphic. / \ I \ c=J ~ ~ ,C-~ ~-~ B + 1 I I \ c=J ~ ~ C----l bd B + 1 MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE B = TYPICAl SPACE V~D1}I 6. Parkinq qaraqes for attached dwellinqs with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parkinq qaraqes except in areas solely controlled for valet parkinq. 8. Wheel stops shall not be used in parkinq qaraqes. 9. Whenever access control equipment or barrier qates are used at the entrance to a parkinq qaraqe. a minimum stackinq distance of 40 feet shall be provided from the back of sidew;:!!k to the equipment or barrier qate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 1 a-foot lonq transition ramp with a slope equal to one-half of the chanqe in slopes shall be provided at the bottom and top of all speed ramps with a slope of 1 a-percent or qreater. 11. When parkinq spaces are provided on a ramp. the slope shall be less than 6-percent. 12. A minimum of two entries and two exits shall be provided for any parkinq qaraqe with more than 500 parkinq spaces. In certain circumstances. one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits. pipes, downspouts. columns or other features that could be subiect to impact from vehicular traffic shall be protected from impact damaqe with pipe quards or similar measures. Measures used for protection shall not encroach into any parkinq space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6' 4" wide by 22' lonq. b. Islands without cashier booth: 3' 6" wide by 18' 3" lonq. *********** - 31 - Ordinance No. 8043-09 Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. *********** B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 1. Tho minimum dist::mce botvleen ::I st::lto right of W::IY ::Ind tho first p::lrking Sp::lCO or ::Iisle'N::IY in ::I p::lrking lot sh::lll bo ::IS sot forth in tho Florid::l Dop::lrtmont of Tr::lnsport::ltion (FOOT) Drivow::IY H::Indbook. 2. The minimum dist::lnco betwoon ::III othor rights of W::IY ::Ind tho first p::lrking Sp::lCO or ::Iislow::IY in ::I p::lrking lot sh::lll be ::IS outlinod in the following t::lble: Minimum Number of Spaees Staddng Distanee 50 or f-ewer 20 feet 51 or more 10 feet 1~. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 6,4. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Tot~l NuIJIberof Proposed R~9uired Vehicle Drive- ThruLanes Stl\.cIdngSJlac~ One 8 Two I 2 Three I 8 Each Additional Lane 2 Additional Spaces ~. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: - 32- Ordinance No. 8043-09 Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501 (b), the hearing officer shall, in concert with the city clerk, establish a date aM ~ hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the bo~rd reporter's ~udiot~pe recording of the he~ring bef-ore the community development b03rd streaminq video of the hearinq posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within +G 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. *********** 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaininq density/intensity available pursuant to the property's Future Land Use Plan desiqnation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or qoverninq special area plan. *********** 5. For parcels located within an area designated Central Business District (CD B) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development riqhts may be sent from vacant and/or existinq developed parcels. - 33 - Ordinance No. 8043-09 .!2.a. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. fa. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. ds. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. eGo For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where density/intensity cannot otherwise be determined for parcels desiqnated as Preservation or Recreation/Open Space cateqorv on the City's Future Land Use Plan Map, such cateqories shall be assiqned a maximum density/intensity of one dwellinq unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receivinq parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights *********** E. The use of transferable development riqhts shall be consistent with the followinq: *********** 4. There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. *********** Section 34. 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 read as follows: Section 8-102. Definitions. *********** Beach access JJoint means any access used by the qeneral public or private property owners for the purpose of qaininq access to the beach. *********** - 34- Ordinance No. 8043-09 Clearwater Beach means that portion of land Iyinq in the City of Clearwater. Pine lias County. Florida. bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. *********** Deflected Liaht means unintentional indirect luminance from structures or objects incidental to the liqht source or fixture. *********** Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land flee!: area. *********** Gross land area means the total land area within the property boundaries of the subiect parcel. and specifically exclusive of any submerqed land or public road riqht-of-way. *********** Retail sales and services means a building. property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales. rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. *********** Sand Kev means that portion of land Iyinq in the City of Clearwater. Pine lias County, Florida. bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. *********** Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bicycles, mopeds, and/or motorcycles and excluding service of such vehicles. *********** Section 33. 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. - 35 - Ordinance No. 8043-09 Section 34. 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 35. 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 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. 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 K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk - 36 - Ordinance No. 8043-09 List of Community Development Code Issues Ordinance No. 8043-09 ARTICLE 1. Zoning Atlas GENERAL PROVISIONS (1) Sec. 1-109.D. Consistency. Adds language providing for an increased level of consistency among the Code, the City Future Land Use Plan and the Countywide Future Land Use Map. [Page 3 of Ordinance] ARTICLE 2. ZONING DISTRICTS District Use Categories Chart (2) Sec. 2 Chart. Delete Outdoor recreation/entertainment use from "I" Institutional and "P" Preservation Districts as it is not allowed. Delete Public transportation facilities use from "OSR" SpacelRecreation District as it is not allowed under the Countywide Plan Rules. [Pages 3-5 of Ordinance] Division 1. Low Density Residential District ("LDR") (3) Sec. 2-101.1 Maximum development potential. Adds language ensuring uses and development potential within the LDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 5 of Ordinance] Division 2. Low Medium Density Residential District ("LMDR") (4) Sec. 2-201.1 Maximum development potential. Adds language ensuring uses and development potential within the LMDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Division 3. Medium Density Residential District ("MDR") (5) Sec. 2-301.1 Maximum development potential. Adds language ensuring uses and development potential within the MDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Bold indicates major policy issues. 1 S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01002 - Code V PPC ConsistencylStaff Report\Community Development Code IssuesSummary 6-11-09.docx Division 4. Medium High Density Residential District ("'MHDR") (6) Sec. 2-401.1 Maximum development potential. Adds language ensuring uses and development potential within the MHDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. (Page 7 of Ordinance) Division 5. High Density Residential District ("HDR") (7) Sec. 2-501.1 Maximum development potential. Adds language ensuring uses and development potential within the HDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. (Page 7 of Ordinance) Division 6. Mobile Home Park ("MHP") (8) Sec. 2-601.1 Maximum development potential. Adds language ensuring uses and development potential within the MHP district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. (Page 8 of Ordinance) Division 7. Commercial District ("C") (9) Sec. 2-701.1 Maximum development potential. Adds language ensuring uses and development potential within the C district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. (Page 8 of Ordinance) Division 8. Tourist District ("T") (IO) Sec. 2-801.1 (11) Table 2-802 (12) Table 2-803 Maximum development potential. Adds language ensuring uses and development potential within the C district are consistent with the Countywide Plan Rules. (Page 9 of Ordinance) Flexible Standard Development Table. Increases parking requirements for Overnight Accommodations from 1.0 space per unit to 1.2 spaces per unit in Flexible Standard Development. (Page 10 of Ordinance) Flexible Development Table. Revises parking requirements for Overnight Accommodations from 1.0 space per unit to a range of 1.0 to 1.2 spaces per unit within the parking requirements for Overnight Accommodations use. (Page 12 of Ordinance) Bold indicates major policy issues. 2 S:IPlanning DepartmentlCommunity Development Code 12009 Code Amendments\TA2009-01002 - Code V PPC ConsistencylStajJ Report\Community Development Code lssuesSummary 6-11-09.docx (13) Sec. 2-803.1 Overni2:ht accommodations. Adds flexibility criteria for off- street parking limiting the application of flexibility to overnight accommodations with more than 130 rooms and requiring the proposed development be within a certain proximity of a public parking garage. [Page 12 of Ordinance] Division 9. Downtown District ("D") (14) Sec. 2-901.1 Maximum development potential. Adds language ensuring uses and development potential within the D District are consistent with the Countywide Plan Rules. [Page 12 of Ordinance] Division 10. Office District ("0") (15) Sec. 2-1001.1 Maximum development potential. Adds language ensuring uses and development potential within the 0 district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 afOrdinance] Division 12. Institutional District ("I") (16) Sec. 2-1201.1 Maximum development potential. Adds language ensunng uses f"')-rt.r1 rl,Clo"{ralr\..,..,..r'YH:u.,,+ Y'l.A+a.......+;.,l ......~+.......~"" +ha. T r1~("d.......;.....+ r"\C" n70.11 ...,.C" .,,.........c...-,,ro-.o. u..uu UvVv.lVP1.l.1v.1H. !-,VL,"-"UUU..l VV.lU.l,U.l U.lV .J. U.1.:>U.l\.,d.., (.1.,,:) vV\..o.lJ. u...:> Uv.lv(.l5'""' and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 of Ordinance] (17) Table 2-1203 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 14 of Ordinance] (18) Sec. 2-1203.G Outdoor Recreation/Entertainment. Deletes flexibility criteria for outdoor recreation/entertainment uses for consistency with the Countywide Plan Rules. [Page 15 of Ordinance] Division 13. Industrial, Research, and Technology District ("IRT") (19) Sec. 2-1301.1. Maximum development potential. Adds language ensuring uses and development potential within the IR T district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [PagelS of Ordinance] Bold indicates major policy issues. 3 S:\Planning Department\Community Development Code 12009 Code Amendments1TA2009-01002 - Code V PPC ConsistencylStaff Report\Community Development Code lssuesSummary 6-11-09.docx (20) Table 2-1302 Minimum Standard Development Table. Adds footnotes that Offices and Vehicle Service uses in the Industrial General future land use designation are allowed only as accessory uses. Also establishes limits to the type of manufacturing allowed in the Industrial Limited future land use designation, consistent with the Countywide Plan Rules. Existing footnotes are renumbered accordingly. [Pages 16-17 of Ordinance) (21) Table 2-1303 Flexible Standard Development Table. Establishes limits to the type of manufacturing allowed in the Industrial Limited (IL) future land use designation, consistent with the Countywide Plan Rules. Amends the size limitation for Restaurants within IL, increasing it from 2 Yz acres to 5 acres. Requires future land use map amendments for UtilitylInfrastructure uses in excess of 5 acres. Requires future land use map amendments for vehicle service, vehicle sales/display, and major vehicle sales/displays uses in IL in excess of 5 acres, and limits these same uses in Industrial General (IG) future land use designation to accessory uses. [Pages 18-19 of Ordinance) (22) Sec. 2-1303.D Offices. Adds flexibility criteria limiting Office uses III IG as accessory. [Page 19 of Ordinance) Division 14. Open Space/Recreation District ("OSR") (23) Sec. 2-1401.1 Maximum development potential. Adds language ensuring uses and development potential within the OSR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page19 of Ordinance) (24) Table 2-1403 Flexible Standard Development Standards Table. Deletes Public Transportation Facilities as flexible standard use for consistency with the Countywide Plan Rules. [Page 20 of Ordinance) (25) Sec. 2-1403.B Outdoor recreation/entertainment. Adds flexibility criteria limiting Outdoor Recreation/Entertainment uses to golf courses and clubhouses for consistency with the Countywide Plan Rules. [Page 20 of Ordinance) (26) Sec. 2-1403.D Public transportation facilities. Deletes flexibility criteria for Public Transportation Facilities uses for consistency with the Countywide Plan Rules. [Page 21 of Ordinance) Bold indicates major policy issues. 4 S:\Planning Department\Community Development Code \2009 Code AmendmentslTA2009-0J002 - Code V PPC ConsistencylStaff ReportlCommunity Development Code IssuesSummary 6-11 -09.docx Division 15. Preservation District ("P") (27) Sec. 2-1501.1 Maximum development potential. Adds language ensuring uses and development potential within the P district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page2l of Ordinance) (28) Table 2-1502 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] (26) Sec. 2-1502.B Outdoor Recreation/Entertainment. Deletes flexibility criteria for Outdoor Recreation/Entertainment uses for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] ARTICLE 3. DEVELOPMENT STANDARDS Division 6. Dock/Marina Standards (27) Sec. 3-601.C.1.g Deviations. Adds restrictions for deviations to length requirements for docks that serve new single-family or two- family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. Reinforces language ensuring that docks will not create navigational conflicts through their design and placement [Page 23 of Ordinance] (28) Sec. 3-601.C.3. Commercial docks. Corrects capitalization of Community Development Board. [Page 23 of Ordinance] (29) Sec. 3-601.C.3.b Impacts on existing water recreation activities. Current use of a waterway is a consideration in the review of new commercial dock applications. Adds "tie poles" to ensure that tie poles associated with docks would not adversely impact the health, safety or well being of the use of adjacent waterways. Revises language from "hinder or discourage" to "preclude" because the existence of a dock will have some impact, but it won't necessarily prevent (preclude) the use of the waterway. [Page 23 of Ordinance] (30) Sec. 3-601.C.3.hDimensional standards. Deletes "extend" and adds "exceed" to make the language consistent with similar language in the Code. [Page 24 of Ordinance] Bold indicates major policy issues. 5 S: \Planning Department\Community Development Code \2009 Code Amendments\TA2009-01002 - Code V PPC ConsistencylStaff Report\Community Development Code IssuesSummary 6-11-09.docx (31) Sec. 3-601.C.3.h Deviations. Clarifies restrictions for deviations to all dimensional standards for new commercial docks must be considered through a Level 2 approval basis and establishes further review criteria for consideration by the Community Development Board. Further clarifies that deviations only be considered to minimize impacts for environmental, navigational or recreational area issues. Additionally, deviations are limited to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. [Page 24 of Ordinance] Division 9. General Applicability Standards (32) Sec. 3-902.G Submerged lands. Adds "FAR" and "ISR" to clarify which calculations may not use submerged lands. [Page 24 of Ordinance] (33) Sec. 3-904.A Site Visibility Triangle. Delete "distance" and add "visibility" to correct the terminology. Replace graphic with better illustration of sight visibility triangle. [Pages 24 and 25 of Ordinance] (34) Sec. 3-904.B Site Visibility Triangle. Deletes "residential" to extend the application of sight visibility triangles as described in the graphic to all waterfront properties. Replace graphic with better illustration of enhanced views restrictions. [Page 25 of Ordinance] (35) Sec. 3-907 Buffers provided for purposes other than landscaping. Adds new Section 3-907.B. creating a 10-foot buffer on land designated TransportationlUtility on the Future Land Use Map that is adjacent to all other lands other than Industrial, as required by the Countywide Plan Rules. Reconfigures existing language to allow for addition of new Section 3-907.B. and renames Section 3-907. [Page 26 of Ordinance] (36) Sec. 3-1302.A Fixture type. Replaces graphic with better illustration of illumination cut-off angle. [Page 27 of Ordinance] (37) Sec. 3-1302.B Location. Removes existing graphic that did not apply to this section. [Page 27 of Ordinance] (38) Sec. 3-1302.C Height. Replaces gr aphic with better illustration of Non-cut-off fixtures. [Page 28 of Ordinance] (39) Sec. 3-1302.D Sea turtle nestin2: areas. Replaces existing section with new language establishing lighting standards for light sources on Bold indicates major policy issues. 6 S: \Planning DepartmentlCommunity Development Codel2009 Code Amendments1TA2009-01002 - Code V PPC ConsistencylStaff ReportlC ommunity Development Code 1ssuesSummary 6-11-09. docx Clearwater Beach and Sand Key to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in PinelIas County beach communities. Adds requirements for positioning and/or shielding of lights so that there is no direct illumination on the beach. Minimizes lighting for pedestrian traffic at beach access points, dune crossovers, beach walkways, and piers. Requires compliance of standards prior to the issuance of a certificate of occupancy. Addresses existing lighting and publicly owned lighting. [Pages 28 and 29 of Ordinance] (40) Sec. 3-1402.1 Design standards for parking lots and parking garages. Replaces existing language with expanded criteria for parking garages. Establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Requires minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. Adds criteria for parking space design when columns project into a space, including new illustrations. Sets stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps [Pages 29 through 31 of Ordinance] (41) Sec. 3-l406.B Off-street loading and vehicle stacking spaces. Removes minimum distances between rights-of-way and the first parking space in a parking lot. [Page 32 afOrdinance] ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 5. Appeals (42) Sec. 4-505.A Hearing Officer Appeals. Changes the appropriate method of recording Community Development Board meetings from "board reporter's audiotape recording of the hearing before the community development board" to "streaming video of the hearing posted on the city's web site" to remove reference to outdated technology. Extends time allowed for filing a motion to supplement the record from 10 days to 30 days. [Page 33 afOrdinance] Bold indicates major policy issues. 7 s: IPlanning DepartmentlCommunity Development Code\2009 Code AmendmentsITA2009-01002 - Code V PPC ConsistencylStaff ReportlCommunity Development Code lssuesSummary 6-11-09.docx Division 14. Transfer of Development Rights (43) Sec. 4-1402.3 Allocated Development Ri2:hts are Freelv Transferrable. Adds provision to require that remaining available density/intensity be included on the special warranty deed and that available remnant use as well as density/intensity be consistent with the Comprehensive Plan, Countywide Plan Map and Rules and/or governing Special Area Plan. Adds provision that for parcels within a designated Central Business District or Community Redevelopment District, transfer of development rights may be sent from vacant and/or existing developed parcels. Establishes maximum densities/intensities of one dwelling unit per acre or five percent floor area ratio per acre to be used by the receiving parcel when transferring density from parcels designated as Preservation or Recreation/Open Space. [Pages 33 and 34 of Ordinance] (44) Sec. 4-1403.E Transfer of Development Ri2:hts. Prohibits transfers of density/intensity from outside the coastal storm area into the coastal storm area. [Page 34 of Ordinance] ARTICLE 8. DEFINITIONS AND CONSTRUCTION RULES OF (45) Sec. 8-102 Beach access point. Adds definition for beach access point as follows: Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. [Page 34 of Ordinance] Clearwater Beach. Adds definition for Clearwater Beach, including the legal description, as follows: Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. [Page 35 of Ordinance] Deflected light. Adds definition for deflected light as follows: Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. [Page 35 of Ordinance] Bold indicates major policy issues. 8 S:\Planning Department\Community Development Code \2009 Code Amendments1TA2009-01002 - Code V PPC Consistency\Staff Report\Community Development Code lssuesSummary 6-11-09.docx Floor area ration (FAR). Deletes " floor" and adds "land" to correct the method of calculating FAR. [Page 35 of Ordinance] Gross land area. Adds definition for gross land area as follows: Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. [Page 35 of Ordinance] Retail sales and servIces. Adds "bicycle stores (sales, rentals and/or repair)," as retail sales and services. [Page 35 of Ordinance] Sand Key. Adds definition for Sand Key, including the legal description, as follows: Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. [Page 34 of Ordinance] Vehicle sales/displays, limited. Deletes "bicycles". [Page 50 of Ordinance] Bold indicates major policy issues. 9 S:IPlanning DepartmentlCommunity Development Code \2009 Code Amendments1TA2009-01002 - Code V PPC ConsistencylStaff ReportlCommunity Development Code IssuesSummary 6-11-09.docx