TA2009-12009 - ORD 8132-10TA2009-12009
Ordinance 8132-10
Agenda Item: E-1
CDB Meeting Date
Case Number:
Ordinance Number
Agenda Item:
January 19, 2010
TA2009-12009
8132-10
E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
COMMERCIAL/MULTI-USE DOCK SETBACKS AMENDMENT
REQUEST: Amendments to the Community Development Code (Ordinance No.
8132-10) to amend side setback standards for commercial or multi-use
docks on nonresidentially zoned property adjacent to residentially
zoned property.
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
City Council requested that staff prepare a text amendment to amend the required side setbacks
for commercial docks located on non-residentially zoned property adjacent to waterfront
residentially zoned property. The proposed concept was presented to City Council for discussion
on November 30, 2009. At that time, staff was instructed to prepare an ordinance incorporating
the proposed language.
ANAi.VCiC•
This amendment proposes an additional standard addressing setbacks for commercial and/or
multi-use docks, to be applied to those properties located on non-residentially zoned property
that are adjacent to any waterfront residentially zoned property. If a commercial or multi-use
dock is constructed on such a property, the required side setback adjacent to the residentially
zoned property will be a minimum of twenty percent of the applicant's waterfront property
width. This provides for greater separation between commercial or multi-use docks and
residential properties by increasing the existing side setback provisions for this subset of
commercial docks from ten percent.
The remainder of the existing setback standards was restructured to provide additional clarity
and consistency when reviewing applications.
Community Development Board -January 19, 2010
TA2009-12009 -Page 1
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal and Policy
which will be furthered by the proposed Code amendments:
Goal A3 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.6.7.1 Encourage the preservation of recreational and commercial working
waterfronts and marinas and other water-dependent facilities.
Findings
The proposed amendments are consistent with the Comprehensive Plan. Providing additional
separation between residential and commercial dock uses ensures that safety, environmental and
aesthetic needs pertaining to waterfront property will be met. These standards will also
encourage the preservation of recreational and commercial working waterfronts and marinas and
other water-dependent facilities by minimizing conflicts between competing uses.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1-103:
• Ensuring that development and redevelopment will not have a negative impact on the
value of surrounding properties and wherever practicable promoting development and
redevelopment which will enhance the value of surrounding properties (CDC Section 1-
103. B.2).
• Protect and conserve the value of land throughout the city and the value of buildings and
improvements upon the land, and minimize the conflicts among the uses of land and
buildings (CDC Section 1-103. E.3).
• Coordinate the provisions of this Development Code with corollary provisions relating to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city (CDC Section 1-103.E.12).
Community Development Board -January 19, 2010
TA2009-12009 -Page 2
Findings
These amendments are consistent with the Community Development Code because establishing
greater separation between commercial docks and residential properties will preserve the value
of land and buildings, while the changes in language to the existing provisions will serve to
enhance the regulatory framework of the City.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are not inconsistent with the
goals of the Clearwater Comprehensive Plan and the purposes of the Community Development
Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance
No. 8132-10 that amends the Community Development Code.
Prepared by Planning Department Staff: ~,o~~~~'
Lauren Matzke, Plann II
ATTACHMENT:
^ Ordinance No. 8132-10
S: (Planning DeparlmentlCommunrty Development Code12009 Code AmendmentslTA2009-12009 -Commercial Dock SetbackslStaff
ReportslOrdinance No 8132-10 CDB Staff Report 2010 Ol -19. Doc
Community Development Board -January 19, 2010
TA2009-12009 -Page 3
Resume
Lauren Matzke
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4547
lauren.matzke(~myclearwater.com
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
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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 August 2005 to February 2007
Florida Department of Environmental Protection
Tallahassee, FL
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 (REDI) and numerous springs protection working groups.
• Planner August 2006 to December 2006
Florida Planning and Development Lab
Tallahassee, FL
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. 8132-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601. TO AMEND SIDE SETBACK STANDARDS FOR
COMMERCIAL OR MULTI-USE DOCKS ON
NONRESIDENTIALLY ZONED PROPERTY ADJACENT TO
RESIDENTIALLY ZONED PROPERTY; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; 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, the City of Clearwater desires for the Community Development
Code to function effectively and equitably throughout the City, and
WHEREAS, it has been determined that limited and reasonable restrictions on
the dimensional standards for commercial docks are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHFRFA~ the pity ~niinril hac frilly rnnciriererl the rernmmanriatinnc of tha
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-601., Community Development Code, is amended to read
as follows:
Section 3-601. Docks.
*****
C. New docks.
*****
Ordinance No. 8132-10
h. Dimensional standards.
*****
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backs for commercial and/or multi-use docks shall be as follows:
a) If the commercial or multi-use dock is located adjacent to a
waterfront property occupied by a detached dwelling or two-unit
attached dwelling use and the use of said property conforms to the
zoning district, the setback adjacent to the residential property line
as extended into the water shall be a minimum of one-third of the
applicant's waterfront property width measured from the side
property lines;
b) If a commercial or multi-use dock located on non-residential)
zoned property is adjacent to any waterfront residentially zoned
prnpcrty the Sett,`ack aul~aren+ t^ the residentially Z^ned prnpe~±Y
line as extended into the water shall be a minimum of twenty
percent of the applicant's waterfront property width measured from
the side property lines;
c) In all other circumstances, commercial and multi-use docks shall
be located so that the setback from any property line as extended
into the water shall be a minimum of ten percent of the applicant's
waterfront property width measured from the side property lines.
*****
Section 2. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 3. 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.
2 Ordinance No. 8132-10
Y
Section 4. 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 5. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 6. 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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
3 Ordinance No. 8132-10