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TA2009-03006 - ORD 8070-09 - October 20, 2009TA2009-03006 Ordinance number: 8070-09 Agenda item: E-1 CDB Meeting Date: October 20, 2009 Case Number: TA2009-03006 Ordinance Number: 8070-09 Agenda Item: E-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code and the Code of Ordinances to implement the EAR-Based Amendments to the Comprehensive Plan, to bring consistency between the Countywide Plan Rules and the Community Development Code, to increase the maximum height from 36 inches to 48 inches for non-opaque fences on waterfront lots, to specify certain adjustments to the Zoning Atlas to be made by the Community Development Coordinator, to decrease the clearance required for awnings from nine to eight feet, to eliminate sandwich board signs as signs permitted without a permit in the Downtown District, and to address other minor editorial changes. TNTTTATET/ BV; (~'itv of C"lParwater Planning T)Pnai'tmPnt BACKGROUND INFORMATION: The proposed text amendments to the Community Development Code and the Code of Ordinances are associated with and are intended to ensure consistency with the 2008 EAR-Based Atendments to the Clearwater Comprehensive Plan. ANALYSIS: The Planning Department is recommending a total of 14 amendments to the Community Development Code and 2 amendments to the Code of Ordinances. Some of the amendments are to provide consistency with the EAR-based amendments to the Clearwater Comprehensive Plan that were adopted on December 18, 2008. Others ensure consistency with the Countywide Plan Rules. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing codes. U_~EAR Based LDRs\CDB StaIT report EAR Based LDRs\TA2009-03006 StaffReport CDB 102009 F1NAL.docx Please find below a summary of the proposed amendments organized by Code Article. Attached is Ordinance No. 8070-09 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 1 -General Provisions ^ Map Adjustments (Section 1-108 and Section 1-109 of Ordinance, Pages 2-3) • Future Land Use Plan Map Adjustments -The ordinance adds the criteria for future land use map adjustments for the water/drainage feature, preservation, and recreation/open space categories. • Zoning Atlas Adjustments -This ordinance adds subsection E to Section 1-109, which allows minor zoning adjustments to be made by the Community Development Coordinator based upon information demonstrating errors or omissions, or based upon historical data. Article 2 -Zoning Districts ^ Flexible standard development uses in IRT (Pages 3-5 of Ordinance). This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) district consistent with the Countywide Plan Rules. This ordinance aiiieiidS iAT tv pro`v'ide .ii~.e iiiuitation.i ivr autviuvbiie S~,i v'iC~ Siaiivii, iiiajvr 'v'~iiiCi~. S~r`v'iC~., and retail sales and service uses and outdoor recreation/entertainment uses that are not part of a master development plan within the Industrial Limited (IL) land use category to 5 acres. If these uses exceed 5 acres, the property must be designated the appropriate future land use categories that support these uses as primary uses. Article 3 -Development Standards ^ Fence heights on waterfront lots (Pages 5-6 of Ordinance). This amendment adds new Subsection "c" to Subsection 3-804.B.1 to allow for non-opaque fences to be 48 inches rather than 36 inches in height on waterfront lots as requested by City Council. This amendment deletes Subsection 3-804.C and deletes existing graphics. ^ Fence heights in visibility triangle on waterfront lots (Page 6 of Ordinance). This amendment increases from 36 inches to 48 inches the maximum height for non-opaque fences permitted within the sight visibility triangle for waterfront lots and replaces the existing graphic. This amendment is consistent with the change outlined above. 2 S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-03006 -Ear-Based LDRs\TA2009- 03006 StaffReport CDB 102009 FINAL.docx ^ Encroachments by awnings (Pages 6-7 of Ordinance). This amendment decreases the clearance from nine to eight feet for awnings encroaching into setbacks and rights-of--way in the T, C and D Districts. This change reflects the typical clearance of many awnings. ^ Stormwater detention facilities (Page 7 of Ordinance). This amendment requires, where feasible, the use of low impact development techniques for stormwater management. This amendment is associated with Clearwater Comprehensive Plan Policy F.2.1.10 that specifies that the City will encourage the use of "Low Impact Development" techniques for Stormwater management, such as minimal land disturbance, the preservation of native vegetation, and the minimization of impervious cover, through site plan and internal review processes. ^ Landscaping (Page 7 of Ordinance). This amendment adds "Florida-friendly" plant materials to those that are to be utilized to satisfy minimum landscaping requirements. This amendment implements Clearwater Comprehensive Plan Policy F.1.1.1 that states that all new residential and non-residential development shall be required to provide a specified amount of Florida friendly shade trees based on an established desired ratio of pervious to impervious surface areas. Shade trees will serve to provide heat reduction, noise abatement, buffering, replenishment of oxygen, and aesthetic beauty. ^ Signs (Pages 7-8 of Ordinance). This amendment deletes sandwich board signs from the list of signs permitted without a permit as the provision was superseded in the Downtown Plan and by Ordinance No. 7997-08. ^ Reclaimed Water in Subdivisions (Page 8 of Ordinance). This amendment requires ucvciuj~ci~ of iicw Suuuivl~ivu~ tv pro-viuc ilitcriiai rceiauucu wdtcr SystcriiS wuci7 reclaimed water will be available within seven years from the issuance of the development order. This amendment implements Clearwater Comprehensive Plan Policy D.5.5.8 which requires this to occur. Article 4 -Development Review and Other Procedures ^ Historic Designation (Page 8 of Ordinance). This amendment allows the City in addition to property owners to initiate an application for historic designation. ^ Application and Procedures (Page 9 of Ordinance). This amendment is an editorial correction for development approval fees required by Section 4-202(F) rather than as currently incorrectly listed as Section 4-202(E). Article 8 -Definitions and Rules of Construction ^ Definitions (Page 9 of Ordinance). This amendment provides a new definition of Coastal Storm Area which incorporates and replaces the definition of Coastal High Hazard Area and is consistent with the changes made in the EAR-based Comprehensive Plan amendments. S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-03006 -Ear-Based LDRs\TA2009- 03006 StaflReport CDB 102009 FINAL.docx CODE OF ORDINANCES Chapter 24, Article III ^ Wellhead Protection -Permit-Required and Permit Requirements (Pages 9-10 of Ordinance). These amendments modify the requirements for a wellhead protection permit and aprotection-containment plan, including an increase in the distance from 500 feet to 1,000 feet from a well for potential expansion/change of an existing use with contaminating materials. These two amendments are associated with Clearwater Comprehensive Plan Policy D.5.7.3 that requires the City of Clearwater to continue to protect groundwater quality by enforcing the Wellhead Protection Ordinance within the area as specified in the plan as well as the guidelines and criteria for protection of potable water wellfields. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. Code amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: A3. GOAL -THE CITY OF CLEARWATER SHALL ENSURE THAT ALL DEVELOPMENT OR REDEVELOPMENT INITIATIVES MEET THE SAFETY, ENVIRONMENTAL, AND AESTHETIC NEEDS OF THE CITY THROUGH CONSISTENT IMPLEMENTATION OF 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. The proposed amendments include the addition of language allowing plan map boundary adjustments for Water/Drainage Feature, Preservation and Recreation/Open Space categories to be made by the Community Development Coordinator provided such map adjustments are consistent with the Countywide Plan Rules, upon a finding of appropriateness that such adjustment is minimal in extent and effect. Also, included is an 4 S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-03006 -Ear-Based LDRs\TA2009- 03006 StaffReport CDB 102009 FINAL.docx amendment that allows adjustments to the City's Zoning Atlas to be made by the Community Development Coordinator based upon information demonstrating errors or omissions or based upon historical data. These adjustments will be consistent with the Countywide Future Land Use Map and Countywide Rules. Policy F.2.1.10 The City will encourage the use of "Low Impact Development" techniques for stormwater management, such as minimal land disturbance, the preservation of native vegetation, and the minimization of impervious cover, through site plan and internal review processes. The proposed amendment to Section 3-914 adds a requirement for low impact development techniques for stormwater management. Policy F.1.1.1 Require all new residential and non-residential development to provide a specified amount of Florida friendly shade trees based on an established desired ratio of pervious to impervious surface areas. Shade trees will serve to provide heat reduction, noise abatement, buffering, replenishment of oxygen, and aesthetic beauty. The proposed amendment to Section 3-1202 includes language to include required plant materials that are considered to be Florida-friendly. Policy D.5.5.8 When new subdivisions are being developed and/or redevelopment occurs, at locations where reclaimed water will be available within seven (7) years, the developer shall provide internal reclaimed water systems that are constructed to City specifications. The proposed amendment to Section 3-1910 requires the developers of new subdivisions to provide internal reclaimed water systems for locations where reclaimed water will be available within seven (7) years. The amendments provide processes and procedures to ensure that the Community Development Code is consistent with the above goals, objectives and policies of the Clearwater Comprehensive Plan. Many of the amendments implement the EAR-based Comprehensive Plan amendments. 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 providing for limitations on uses, to standards and procedures. For example, proposed amendment (#7) to Section 3-914 creates standards for development techniques for stormwater management, while the amendment (#11) to Section 4-607 changes the way historic sites are nominated for designation. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. 5 S:\Plannin~ Department\Commnnity Development Code\2009 Code Amendments\TA2009-03006 -Ear-Based LDRs\TA2009- 03006 StaftReport CDB 102009 FINAL.docx SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and further the goals of the Clearwater Comprehensive Plan, the purposes of the Community Development Code and the Code of Ordinances. The amendments further those development goals established in the Code. Existing provisions of the Community Development Code and Code of Ordinances will be amended to better reflect City development patterns, improve internal processes and to meet the requirements of Florida Statutes by adopting code provisions that are consistent with the EAR-based amendments. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8070-09 that amends the Community Development Code and the Code of Ordinances. Prepared by Planning Department Staff: ~~~_- Sandra E. Herman, Planner III ATTACHMENT: ^ Ordinance No.8070-09 6 S:U'lanning Department\Community Development Code~2009 Code Amendments\TA2009-03006 -Ear-Based LDRs\TA2009- 03006 StaftReport CDB ]02009 FiNAL.docx RESUME SANDRA E. HERMAN Telephone: (727) 562-4586 100 South Myrtle Avenue Sandra.herman(c~mvclearwater.com Clearwater, FL 33756 PROFESSIONAL EXPERIENCE City of Clearwater -January 1986 to Present (Starting from current position) Planner III -Planning Department • Primary responsibilities: Advanced professional level planning work of a difficult and responsible nature in connection with growth and orderly development of the City in accordance with the Comprehensive Plan and other statutes, ordinances and regulations related to land use. Administrative Support Manager (previoatsly titled Special Projects Manager) -Development and Neighborhood Services Department • Primar~res~onsibilities: Annual Department Budget -research for initiatives proposals, preparation and maintenance of the Budget for the department under the approval of the department director - FY07 $4.136M Budget / 54.5 FTE's / $4.046 Revenues Projected; Primary supervision of administrative support employees and their priorities including all financial work for the department, payroll, customer service, code enforcement casework input into the Tidemark Permit Plan system, and all other administrative support functions; Backup for the director and other managers in the supervision of department employees, and attendance in city meetings; Preparation and submittal of all City Council Agenda Items for the department; and special projects such as the City's Development Guides -Residential and Commercial (initial research, meetings, preparation, distribution -hard copy books, CD's and on the Internet, and periodic updates). Planning Administrator /Assistant to the Departrraent Head - Central Permitting Department (included Planning and Development Services) • Primary responsibilities: Assistant to the Department Head: Directing and supervising planners, zoning staff, and staff assistants involved with all planning functions -current and long range, including development plans in accordance with the land development regulations and the City's Comprehensive Land Use Plan; preparation of reports and agencies including the City Commission, Planning and Zoning Board, Development Code Adjustment Board, Pinellas Planning Council, Countywide Plarming AuthorityBoard of County Commissioners, the State Department of Community Affairs and the Tampa Bay Regional Planning Council. Member of the administrative team for large redevelopments including the "Sunshine Mall" project. Coordinator for development reviews, working closely with developers, attorneys, architects, engineers and citizen groups. Permits Manager -Central Permitting Department (included Planning and Development Services) • Primary responsibilities: Supervision of permits counter staff working with occupational licenses and building permits; lead planner for the State mandated Occupational License Equity Commission project -successfully increasing occupational license fees and revenues by 10% ($140,000); supervision of planning staff and functions as listed above. Report preparation and presentation of cases to the City Commission and advisory boards. Senior Planner- Planning and Development Department • Primary responsibilities: Lead planner for the City in the 5-year Countywide Pinellas Planning Council Land Use Plan Consistency Program, and City representative and Chairperson for the Pinellas Planning Council's Planners Advisory Committee. Report preparation and presentations to the City Commission and advisory boards. Development Planner II -Planning and Urban Redevelopment Department • Primary responsibilities: Lead planner responsible for site plan reviews and subdivision plat reviews. Worked closely with applicants, attorneys, engineers and architects. Report preparation and presentation of cases to the City Commission and advisory boards. City of St. Petersburg -October 1974 -January 1986 Planner II -Planning Department • Primary responsibilities: Lead planner responsible for site plan reviews, special exceptions, and subdivision plat reviews. Worked closely with applicants, attorneys, engineers and architects. Report preparation and presentation of cases to the City's Environmental Development Commission and the City Council. Planner I -Planning Department • Primary responsibilities: Provide information and interpretation on zoning code regulations to developers, architects, attorneys, and the general public; preparation of notices for public hearings; and preparation of reports for vacations of rights-of--way and minor adjustments to cnhrlivicinn nlatc ., ~ ... .......... . r -_ _... Draftsman -Traffic Engineering Department • Primary responsibilities: Engineering drafting of street and intersection plans in coordination with state and county plans, and graphic presentations for Traffic Engineering projects. EDUCATION Bachelor of Science, Visual Arts /Communications, Florida State University, 1974 Associate of Arts, St. Petersburg Junior College, 1972 PROFESSIONAL MEMBERSHIPS Florida Planning and Zoning Association, Inc. since 1982 American Planning Association, since 1986 ORDINANCE NO. 8070-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT LAND DEVELOPMENT REGULATIONS, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", SECTION 1-108, "COUNTYWIDE CONSISTENCY", TO RENAME THE SECTION AS "FUTURE LAND USE MAP" AND TO MAKE "COUNTYWIDE CONSISTENCY" INTO A NEW SUBSECTION 1- 108.A, AND TO ADD A NEW SUBSECTION 1-108.B "MAP ADJUSTMENTS", TO PROVIDE FOR CRITERIA FOR MAP ADJUSTMENTS FOR WATER/DRAINAGE FEATURE, PRESERVATION, AND RECREATION/OPEN SPACE CATEGORIES, AND AMENDING SECTION 1-109, "ZONING ATLAS", TO ADD A NEW SUBSECTION 1-109. E, "ADJUSTMENTS TO THE ZONING ATLAS", TO SPECIFY CERTAIN ADJUSTMENTS TO THE ZONING ATLAS TO BE MADE BY THE COMMUNITY DEVELOPMENT COORDINATOR; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1303, "TABLE 2-1303", TO LIMIT AUTOMOBILE SERVICE STATION, MAJOR VEHICLE SERVICE, RETAIL SALES AND SERVICE USES AND OUTDOOR RECREATION/ENTERTAINMENT USES IN THE IRT ZONING DISTRICT; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-804, "SETBACK AND HEIGHT REQUIREMENTS", TO ADD A NEW SUBSECTION 3-804.B.1.c.,TO INCREASE THE ALLOWABLE HEIGHTS OF NON-OPAQUE .FENCES FROM 36 INCHES TO 48 INCHES ON WATERFRONT LOTS AND TO DELETE SUBSECTION 3-804.C AND TO DELETE GRAPHICS; AMENDING SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", SUBSECTION 3-904.B, TO INCREASE FROM 36 INCHES TO 48 INCHES THE MAXIMUM HEIGHT FOR NON-OPAQUE FENCES PERMITTED WITHIN THE SIGHT VISIBILITY TRIANGLE FOR WATERFRONT LOTS AND TO REPLACE THE EXISTING GRAPHIC; AMENDING SECTION 3-908, "PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER STREET RIGHTS-OF-WAY", SUBSECTION 3- 908.A.1, TO DECREASE THE CLEARANCE REQUIRED FOR AWNINGS FROM NINE FEET TO EIGHT FEET; AMENDING SECTION 3-914, "STORMWATER DETENTION FACILITIES", TO ADD A NEW SUBSECTION 3-914.C, TO ADD THE USE OF "LOW IMPACT DEVELOPMENT" TECHNIQUES FOR STORMWATER MANAGEMENT, AND AMENDING SECTION 3-1202, "GENERAL LANDSCAPING STANDARDS", SUBSECTION 3-1202.B.3, TO ADD "FLORIDA- FRIENDLY PLANT MATERIALS" TO THOSE PLANT MATERIALS THAT ARE "NATIVE TO CENTRAL FLORIDA"; AMENDING SECTION 3-1805, "SIGNS PERMITTED WITHOUT A PERMIT", TO DELETE SUBSECTION 3-1805.U, TO ELIMINATE SANDWICH BOARD SIGNS IN THE DOWNTOWN DISTRICT, AND TO RE-LETTER THE REMAINING SUBSECTIONS, AMENDING SECTION 3-1910, "SAME-WATER SUPPLY FACILITIES", TO ADD A NEW SUBSECTION 3-1910.D, TO REQUIRE DEVELOPERS OF NEW SUBDIVISIONS TO PROVIDE Ordinance No. 8070-09 INTERNAL RECLAIMED WATER SYSTEMS IF THE DEVELOPMENT IS LOCATED WHERE RECLAIMED WATER WILL BE AVAILABLE WITHIN SEVEN (7) YEARS; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-607 "HISTORIC DESIGNATION", SUBSECTION 4-607. B, TO PERMIT THE CITY TO INITIATE AN APPLICATION FOR HISTORIC DESIGNATION, AND AMENDING SECTION 4-901, "AUTHORITY AND APPL-CABILITY", SUBSECTION 4-901.C.6., TO ADD "TRANSPORTATION" TO "PUBLIC FACILITIES; BY AMENDING ARTICLE 8, "DEFINITIONS AND RULES OF CONSTRUCTION", SECTION 8-102, "DEFINITIONS", TO REPLACE THE DEFINITION FOR "COASTAL HIGH HAZARD AREA" WITH A NEW DEFINITION FOR "COASTAL STORM AREA"; AND MAKING AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 24, ARTICLE III, WELLHEAD PROTECTION, SECTION 24.63 PERMIT- REQUIRED AND SECTION 24.64 PERMIT REQUIREMENTS, TO MODIFY THE REQUIREMENTS FORA WELLHEAD PROTECTION PERMIT AND APROTECTION-CONTAINMENT PLAN, INCLUDING AN INCREASE IN THE DISTANCE FROM 500 FEET TO 1,000 FEET REQUIRED FROM A WELL FOR POTENTIAL EXPANSION/CHANGE OF AN EXISTING USE WITH CONTAMINATING MATERIALS; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the City of Clearwater, Florida, adopted the Evaluation and Appraisal Report-based amendments to the Comprehensive Plan by Clearwater Ordinance No. 7993-08, on December 18, 2008, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater recognizes the need to amend Section 24.63 and Section 24.64, Code of Ordinances, Chapter 24, Article III, by amending wellhead protection permit language; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Division 1, Section 1-108, "Countywide Consistency", of the Community Development Code, be, and the same is hereby amended to read as follows: -2- Ordinance No. 807-09 Section 1-108. Future land use map A. Countywide consisfency. Applications for development approval shal- be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by state law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted in the zoning district and that which is permitted by the land use classification, the more restrictive shall prevail. In addition, uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. B. Map adjustments. Plan map boundary adjustments for Water/Drainage Feature, Preservation and Recreation/Open Space categories may be made by the Community Development Coordinator provided that such map adjustments are consistent with a jurisdictional boundary determination under state agency rules which is consistent with such rules or are consistent with an approved site or project plan for a body of water or drainage feature or are consistent with the purpose and characteristics of the particular category being adjusted and are based upon a finding of appropriateness by the Community Development Coordinator that such adjustment is de minimis in extent and effect. Section 2. That Article 1, "General Provisions", Division 1, Section 1-109, "Zoning Atlas", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 1-109. Zoning atlas. E. Adlustments to the zoning atlas. Loning atlas adjustments may be made by the Community Development Coordinator based upon information demonstrating errors or omissions or based upon historical data. Section 3. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Table 2-1303", 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. Table 2-1303. IRT" District Flexible Standard Development Min Lot Min Lot Max Uses . Area . Width 1~lin. Setbacks . Height MIN. OFF-STREET eft) PARKING (sg. ft.) ~.) (ft~~ Side/ Front* Rear Automobile Service Stations 20,000 100 20 IS 30 4/1000 SF GFA Major Vehicle Serviced 20,000 100 20 IS 30 4/1000 SF GFA -3- Ordinance No. 8070-09 Manufacturing~(~~ 10,000 100 20 IS 50 l.~/1.000 SF GFA Offices 20,000 200 20 I> >0 3/1,000 SF GFA l -- ] 0/ 1.000 SF Land Area or as determined by the Outdoor RecreationBntertainment ~ 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage ]0,000 100 20 ]5 30 3;1,000 SFGFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 1> >0 1--2 per 1,000 GFA Public Transportation Facilities( (~} n/a n/a n/a n/a 1 U n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 IS ~0 3/1,000 SF GFA Research and Technology 10,000 100 20 1> j0 2/1.000 SF GFA Residential Shelters ~ x,000 ~0 20 1~ 30 3/1,000 SF GFA Retail Sales and Services( n/a n/a n/a n/a n/a nla Restaurants( {4j 20 15 30 7-- ] ~ spaces per 1,000 GFA ] 0 000 100 1 per 20--25 units plus 2 for Self Storage 10,000 100 20 15 ~p manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure FacilitiesL7,2 (S) n/a n/a 20 1 ~ n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 IS 30 1.~/1,000 SF Lot Sales Area Vehicle Sales/1~isnlays(Rl (~rl Vehicle Serviced (6j 10,000 100 20 1> >0 l.~/],000 SF GFA Veterinary Offices or Animal 10,000 100 20 I~ 30 ~/1,000 SF GFA Grooming Wholesale/Distribution/Warehouse 10,000 100 20 1> >0 l.~/1,000 SF GFA 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. Automobile service station major vehicle service and retail sales and service uses in the Industrial Limited (IL) future land use category that are not part of a master development plan 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 the appropriate category which shall include such uses and all contiguous like uses. (-1~ In the Industrial Limited (IL) land use category, 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, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a master developmen~lan 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 m~ amendment to the appropriate category which shall include such uses and all contiguous like uses. {2}-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. -4- Ordinance No. 8070-09 l~ {~ 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. (-4j 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 tive 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 2~ percent of the floor area of the principal use to which it is accessory. (~ Utility/infrastructure uses shall not exceed five acres. Any such use: alone or when added to contiguuus like uses which exceed tive acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. {-6~ Vehicle sales/displays, major 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 2~ 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 2~ 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. ********** Section 4. That Article 3, "Development Standards", Division 8, "Fences and Walls", Section 3-804, "Setback and height requirements", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-804. Setback and height requirements. B. Side and rear setback areas. ********** Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences grid wails may be permitted up to eight feet in height if located iri ilie industrial, Research, and Technology District ("IRT"). b. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One, (Flexible Standard Development) approval to buffer uses with drive- thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. c. On those properties adiacent to water, fences proposed to be located within 20 feet of the property line adiacent to the water or within the required setback whichever is greater, must be non-opaque and cannot exceed 48 inches in height. ,~`, I/t /~fn rFrnnf nrnnnrF~i Gvrnn} nc nrn~iir~lorl .n ~~h~n.-.F~r. ~-. ~ erT~~ eTf~~rn nn -}}Cd ~~~-YOni=rR~ ~ ~crrrrrcr }ho roni iirort co}honL nr/inininn zero}or• Delete existing graphic. Delete existing graphic. -5- Ordinance No. 8070-09 Delete existing graphic. Section 5. 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. B. To enhance views of the water from waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 ~6 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3, Division 8. Remove existing graphic and replace with the following graphic. PP.CPERTY LINE (TYPICAL] NO STRUCTURE OR LANDSCAPING M1AY BE INSTALLED. OTHER THAN NON-OPAO, UE FENCE NOT EXCEEDING 43" IN HEIGHT ~ MATER <2~> STRUCTURE 1 n 20 ,V I I --PROPERTY LtNE, SEA?"JAL! CR i~9EAN HIGH WATER LINE, `A'HICHEVER IS CLOSESTT0INARD ~- I THE INTEV7;QR CF THE PR.CPERTY f~ ',o. ;;- !Y C ~ 20' SIGHT `JISIBILITY TRIANGLE ---- _....___.._.__._...~` Enhanced Views Restrictions Section 6. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-908, "Permitted encroachments into setbacks and over street rights-of-way", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-908. Permitted encroachments into setbacks and over street rights-of-way. Certain building and other projections shall be permitted to extend into setback areas and may be permitted to encroach over street rights-of-way as follows: A. Building projections which are affixed solely to the building and not directly affixed to the ground such as building fascias, roof overhangs, eaves, canopies other than freestanding canopies, awnings, marquees, and other similar projections, shall be permitted to project into required setbacks as specified below. -6- Ordinance No. 8070-09 In the Tourist, Commercial and Downtown Districts, such projections shall be limited to ten feet and shall be permitted into any required setback and over street rights-of-way provided a clearance of eight n+ne feet over grade is maintained. In no case shall such projection be closer than five feet from the curbline or the shoulder of the roadway. Any awning with supports may be located up to the property line and any awning that projects into aright-of-way shall be cantilevered. Section 7. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-914, "Stormwater detention facilities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-914. Stormwater detention facilities. C. The use of low impact development techniques for stormwater management such as minimal land disturbance the preservation of native vegetation and the minimization of impervious cover shall be required unless determined infeasible by the Engineering Department. Section 8. ,That Article 3, "Development Standards", Division 12, "Landscaping/Tree Protection", Section 3-1202, "General landscaping standards", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1202. General landscaping standards. ********** B. Plant material specifications. Except as provided in subsection (6) below, plant materials which are utilized to satisfy the landscaping required by this development code shall comply with the following minimum standards: ********** 3. Plant materials shall be those which are native to Central Florida, considered Florida- friendly plant materials requiring minimal amounts of water fertilizers and pesticides and which are recommended in the Plant Guide of the Southwest Florida Water Management District are strongly encouraged. ********** Section 9. That Article 3, "Development Standards", Division 18, "Signs", Section 3-1805, "Signs permitted without a permit", of the Community Development Code, be, and the same is hereby amended to delete subsection 3-1805.0 and re-letter the subsequent sections as appropriate: Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: -7- Ordinance No. 5070-09 Section 10. That Article 3, "Development Standards", Division 19, "Subdivision Design Standards", Section 3-1910, "Same--Water supply facilities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1910. ~a+~e--Water supply facilities. D. When new subdivisions are being developed at locations where reclaimed water will be available within seven (7) Vears from the issuance of the development order the developer shall provide internal reclaimed water systems that are constructed to City specifications. Section 11. That Article 4, "Development Review and Other Procedures", Division 6, "Level Three Approvals", Section 4-607, "Historic designation", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-607. Historic designation. B. Application. An application for historic designation may be initiated by the Citv or a property owner based on a report which includes, at a minimum, the following: The location and boundaries of the property or district. 2. The historic, architectural, or archaeological value of the property or district, and its relationship to the history, government or culture of the city. 3. Present and projected economic trends and conditions relating to the maintenance, development or redevelopment of the property or district. 4. A list of contributing and noncontributing properties within a district. ********** Section 12. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", Section 4-901, "Authority and applicability", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-901. Authority and applicability. ********** C. Exception. No certificate of concurrency/capacity is required for the following: -8- Ordinance No. 8070-09 6. Public transportation facilities. Section 13. That Article 4, "Development Review and Other Procedures", Division 9, "Concurrency Management", Section 4-902, "Application and procedures", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-902. Application and procedures. A. An application for a certificate of Concurrency/capacity shall be filed with the community development coordinator as part of an application for development approval and shall include such fees as are required by Section 4-202 ~€-}- Section 14. 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. For the purposes of this Development Code, the following words and terms have the meanings specified herein: Coastal storm #+fll}-t~a~ard area means the area delineated in Map E-1 of the Coastal Manaqement Element of the Clearwater Comprehensive Plan, which encompasses all of the following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas, (2) all land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas that are defined by the SLOSH model to be inundated by a category two hurricane or above and that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located within the Velocity Zone as designated by the Federal Emergency Manaqement Agency °t r~oc~~nn}off ~ .~ C117A4 -~c vnno \/'1_R(l \/G nr \/ Section 15. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Section 24.63 Permit-Required, be, and the same is hereby amended to read as follows: Sec. 24.63. Permit--Required. (1) A wellhead protection permit shall be obtained from the engineering director for any new business, commercial, industrial or other activity that has the potential to store or discharge harmful quantities of known contaminating materials if any portion of the subject property is -9- Ordinance No. 8070-09 within 1 000 feet of a potable water well. 5f30-# a~rateF-we{1- A wellhead protection permit shall be obtained from the engineering director for any new residential construction on property located within the city if any portion of the subject property is within 100 feet of a potable water well. A wellhead protection permit may be issued by the engineering director after review of the application and protection-containment plan (if required) submitted by the applicant. No business tax receipt or building permit shall be issued for any activity for which a wellhead protection permit is required until such permit has been issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of each year. Applications for annual permit renewal shall be submitted no later than 30 days prior to permit expiration. Section 16. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Section 24.64 Permit Requirements, be, and the same is hereby amended to read as follows: Sec. 24.64. Permit requirements. (4) If any new activity is proposed within 1 000 feet of a potable water supply well that has the potential to store or discharge harmful quantities of known contaminating materials a protection-containment plan shall be submitted. If any contaminating material is proposed to be used or stored for residential use within 100 feet of a potable water supply well, aprotection-containment plan shall be submitted. -~- - ~----=-- ---~ -r (5) A weiihead protection permit appiication 3liaii at a -iiitliiliur~i iilciuue a iucauun iiia~ vi the potable water well and 1,000 X88 feet surrounding the well, plans for the proposed development or expansion/change of an existing use (if applicable), the location and identification of the proposed activity, a listing of any contaminating material to be used or stored on the site and aprotection-containment plan if necessary. Section 17. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended} and amendments to the Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Sections 24.63 Permit-Required and 24.64 Permit Requirements, are hereby adopted to read as set forth in this Ordinance. Section 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. - ~0- Ordinance No. 8070-09 Section 21. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -11- Ordinance No. 6070-09