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TA2005-10002
~. CDB Meeting Date: November 15, 2005 Case: TA2005-10002 Ordinance No.: 7449-OS ~.-~ Agenda Item: F8 `~. CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS 1 REQUEST: Amendments to the Community Development Code regarding numerous provisions including revising dimensional requirements for various land uses, limiting Comprehensive Infill Redevelopment Projects to land uses allowed within a particular zoning districts, specifying how to determine density/intensity for mixed used development, increasing parking requirements for attached dwellings, allowing parking reductions for affordable housing projects, revising design standards for surface parking lots and parking garages, restricting the location of seasonal sales, revising legal notice requirements, clarifying provisions related to nuisances, tree preservation, etc. and establishing a temporary use permit fee. INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: Since the passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and. the City process of development review applications. City of Clearwater staff has provided input toward improving the Code based on how staff has experienced the Code's application toward various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended in to better reflect City development patterns, improve internal process, and improve consistency with the Comprehensive Plan, Countywide Rules, and Florida Statutes. As part of the code update process, staff presented the proposed ordinance to the Clearwater Neighborhoods Coalition and the Chamber of Commerce Government Affairs. Suggested amendments have been collected from City of Clearwater departments including Planning, Development Services, and Engineering. Page 1 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report • ANALYSIS: The Planning Department is recommending a total of 53 amendments to the Community Development Code. Approximately nine amendments present a change in current policy or a new policy issue. Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Article. A brief summary of other amendments is provided here. Also attached is Ordinance No. 7449-OS 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 - Zoning Districts ^ Parking Requirements (Pages 29 - 30 of Ordinance) Ordinance No. 7449-OS increases the minimum parking space requirement for attached dwellings from 1.5 spaces to 2 spaces per unit in the LDR, LMDR, MDR, MHDR, HDR and T Zoning Districts. This amendment addresses concerns raised by the Planning Department, the Council, and the public regarding the need for additional parking for new development. Comprehensive Infill Redevelopment (Pages 7 - 13, 17 - 19 of Ordinance) In an attempt to address concerns raised by the City Council regarding the use of the Comprehensive Infill Redevelopment application to bypass the rezoning process, the proposed ordinance limits Comprehensive Infill uses to only those uses allowed as a Minimum Standard, Flexible Standard, and Flexible Development uses permitted by the particular zoning district. At present, the Code permits any land use allowed by the underlying Future Land Use Plan category to be processed as a Comprehensive Infill Redevelopment Project. Article 3 -Development Standards ^ Seasonal sales (Page 23 of Ordinance) In an attempt to preclude temporary seasonal businesses from negatively impacting permanent businesses, the proposed amendment requires that seasonal business be located at least 500 feet from any permanent business selling the same type of product. Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report • ^ Affordable Housing Parking Requirements (Page 20 of Ordinance) An amendment is proposed to provide flexibility with regard to parking requirements for affordable housing. The amendment will enable the applicant to request a reduction in the minimum parking requirements to one parking space per unit (this ordinance proposed to increase the minimum number of spaces to 2). T11is amendment recognizes the need to assist in the development of affordable housing by providing flexibility that is not generally afforded to market rate housing. Furthermore, it recognizes that many affordable housing developments are located along public transportation lines and a higher proportion of residents within affordable housing units rely on public transportation. ^ Design Standards for Parking Lots and Parking Garages (Page 21 of Ordinance) This amendment improves design specifications for surface parking lots and parking garages. The amendment states that parking garage structural supports camlot encroach upon the required area of parking, and their location needs to take into account vehicular passenger ingress and egress. The existing Community Development Code does not address or provide requirements for parking garages. The amendment adds a provision to clarify the placement of structural columns in relationship to the location of a parking space, providing adequate space for maneuvering vehicles and for pedestrian safety and movement. Article 4 -Development Review and Other Procedures ^ Advertising (Pages 24 - 25 of Ordinance) The amendment states that where an advertising requirement is set forth in Florida Statutes, notices shall be provided in accordance with that requirement. Where no advertising requirement is set forth in Florida Statutes, all notices shall be provided at least 10 but not more than 45 days in advance of the public hearing. This amendment would reduce the number of days notice is to be provided for cases before tl~e Development Review Committee and the Community Development Board, from 15 days to 10 days. ^ Transferable development rights (TDRs) (Pages 27 - 28 of Ordinance) The proposed ordinance eliminates the 20 percent limitation on TDRs for overnight accommodations in the Clearwater Beach Community Redevelopment District and for all property within the Central Business District (Downtown). This revision is intended to provide an incentive for hotel development on the Beach, as well as bring consistency between the Code and the Downtown Plan. Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report Article 8 -Definitions and Rules of Construction ^ Definition of "Height" (Pages 28 - 29 of Ordinance) Due to concerns about the appearance and use of rooftops, the proposed ordinance revises the definition of height to include a provision that specifies that permanent structures may not be constructed on the roof that would support rooftop occupancies. This provision would prohibit the construction of rooftop pavilions, gazebos, lattice, etc. Appendix A. Schedule of Fees, Rates and Charges ^ Fee schedule (Page 29 of Ordinance) Proposed Ordinance 7449-OS creates a new fee for temporary seasonal sales. The fee is being proposed because these business are allowed to compete with pern~anent businesses but not responsible for paying property taxes, impact fees, etc. Additionally, an amendment is proposed that eliminates the zoning verification letter fee of $11 listed under Building Fees because the Land Development fees provides fora $25 zoning verification fee (which has been implemented since at least 2000). Other Amendments Proposed Ordinance 7449-OS 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: • Reducing single-family setback requirements side and rear setbacks; • Increasing the maximum Floor Area Ratio and Impervious Surface Ratio in the Low Density Residential District to reflect the Countywide Rules provisions; • Allowing certain property locations within the High Density Residential District to exceed 80 feet in height along Old Tampa Bay; • Amending minimum lot area and width requirements for certain uses within the Commercial District; revising outdoor storage provisions in the Industrial, Research and Technology District; • Adding guidelines for "mixed use calculations" and clarifying allowable density to not include submerged lands; • Providing home occupations standards language compliant to State Law; • Clarifying certain property maintenance/nuisance standards; • Clarifying tree survey requirements; • Increasing the timeframe from one year to two years for Certificates of Occupancy issuance for Level One, Flexible Standard Development projects; and • Amending the definition of medical clinic; Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report i .i CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 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 of the Comprehensive Plan. Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: • Goal 2 -The City of Clearwater shall utilize innovative and flexible planning anal engineering practices, and urban design standards in order to protect 1listoric resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. • Policy 2.1.1 -Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plan. • Policy 2.3.3 -The City of Clearwater shall continue to implement the Design Guidelines, adopted in 1995, for all development within the Downtown District. • Policy 3.2.1 -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plan approved by the City Commission. Consequently, individual zoning district, as established in the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment. • Goal 16 - An affordable variety of .standard housing units in decent anal safe neighborhoods to meet the needs of current and future residents regardless of race, nationality, age, marital status, handicap, or religion. • Objective 16.1 Objective for Adequate Housing -Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Cleaitivater. • Policy 16.1.5 -City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, moderate, and middle income households. Page 5 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report • • • Policy 16.2.3 -Continue to review new construction techniques, materials, building codes, and housing codes in order to determine where housing costs can be reduced without sacrificing the quality of housing for very low and low income households. • Policy 16.2.5 -The City shall continue to support the addition of rental housing as needed to meet the needs of very-low, low, and moderate-income households. • Policy 22.3.9 -The City encourages the consolidation of public surface parking facilities into structure parking facilities open to the public on Clearwater Beach. • Policy 25.1.1 -Require all new residential and non-residential development to provide a specified amount of Florida native 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. • Policy 25.2.7 -Transfer of development rights should be implemented to provide alternatives to development and degradation of wetlands and other natural resources. 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, numerical standards, flexibility criteria, procedures, enforcement 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 the Clearwater Comprehensive -Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns, improve internal process, and improve consistency with the Comprehensive Plan, Countywide Rules, and Florida Statutes. The Planning Department Staff recommends APPROVAL of Ordinance No. 7449-OS which makes revisions to the Community Development Code. Prepared by Planning Department : Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7449-OS Page 6 Amendments to the Community Development Code, Proposed Ordinance No. 7449-OS Staff Report .~ ORDINANCE NO. 7449-05 -- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A, ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504. F, RESIDENTIAL INFILL PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL STANDARDS FOR fNDOOR RECREATION/ENTERTAINMENT, OFFICES, ,AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, BY. ADDING INDOOR RECREATION/ENTERTAINMENT AS A PERMITTED USE, AND AMENDING DIMENSIONAL REQUIREMENTS FOR OFFICES AND RETAIL SALES AND SERVICES; AND' AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND AMENDING .ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, MINIMUM STANDARD DEVELOPMENT, BY ADDING ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD DEVELOPMENT, BY REVISING OUTDOOR STORAGE DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN, BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-902, COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING A PROVISION REQUIRING A RECORDED DOCUMENT TO EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING, Ordinance No. 7449-05 ADDING GUIDELINES FOR MIXED USE CALCULATIONS .AND SUBMERGED LAND; AND AMENDING ARTICLE 3, DEVELOPMENT .STANDARDS, NEW SECTION 3-919, AFFORDABLE HOUSING PARKING REQUIREMENTS, BY REDUCING THE REQUIRED PARKING PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS FOR PARKING LOTS AND PROVIDING STANDARDS FOR PARKING GARAGES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502.C.3, PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED WINDOW FEATURES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES THE' PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY REVISING AND CLARIFYING PROVISIONS RELATED TO ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS, SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506, EXCEPTIONS, BY CORRECTING A CODE SECTION REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103.8, BY ADDING A PROVISION RESTRICTING THE LOCATION OF SEASONAL SALES TO PERMANENT BUSINESSES .SELLING THE SAME PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY CLARIFYING TREE SURVEY AND TREE INVENTORY REQUIREMENTS, AND CLARIFYING THE COMPLETENESS DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206.E, AMENDING THE NOTICE REQUIREMENT FOR CONTINUANCES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY CHANGING THE TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4, 2 Ordinance No. 7449-05 DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-604.6.2, ANNEXATION, TO REFERENCE. ANY NEW CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE PRESERVATION PLAN REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20% LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT ACCOMMODATIONS ON CLEARWATER BEACH; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, BY REVISING THE DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND AMENDING ZONING DISTRICT TABLES 2-104; 203, 204, 303, 304,402,403,502,503,504,802, AND 803 TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR ATTACHED DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT FEE; 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, 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 C{TY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended as follows: Ordinance No. 7449=05 i • The following uses are Level One permitted uses in the LDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-102. "LDR" District Minimum Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Community 10,OOD 100 25 1Q~5 2425 30 2/unit Residential Homes (6 or fewer residents Detached 20,ODD 100 25 1Q ~5 2025 30 2/unit Dwellin s ,r********** Section 2. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended by amending the illustrative graphic for the Low Density Residential District is amended by revising the side yard setback for detached dwellings and accessory structures from 15 feet to 10 feet. Section 3. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-201.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwellin units er acre FAR .40 :3A/ISR .65 ~0 Residential Urban 7.5 dwelling units per FAR .40/ISR.65 acre ***w******* Section 4. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended as follows: *********** The following uses are Level One permitted uses in the LMDR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 4 Ordinance No. 7449-05 Table 2-202. "LMDR" District Minimum Standard Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Community 5,000 50 25 5 1045 30 2/unit Residential Homes (up to 6 residents Detached 5,000 50 25 5 1045 30 2/unit Dwellin s Section 5. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended by amending the illustrative diagram for the Low Medium Density Residential District by revising the rear yard setback for detached dwellings (single family) and accessory structures from 15 feet to 10 feet. Section 6. Article 2, Zoning Districts, Medium Density Residential District ("MDR"), Section 2-301.1, Maximum development potential, is amended as foilows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface 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 15 dwelling units ner FAR .50/ISR .75 General acre *********** Section 7. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is amended as follows: 2. Heighf: a. The .increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; 5 Ordinance No. 7449-05 b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. *********** Section 8. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is amended as follows: Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Building height, may only exceed 80 feet, however, if the parcel proposed for development fronts on Clearwater Bays Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. Section 9. Article 2, Zoning Districts, Commercial District (`C"), Section 2-703, Flexible standard development, is amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3.. Table 2-703. "C" District Flexible Standard Develo ment Standard Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft.) (ft.)" Parking S aces Accessory n/a n/a n/a n/a n/a n/a 1 space per Dwellin s unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic 10,000 100 25 25 10 20 5 per 1,000 Beverage GFA Sales Automobile 10,000 100 25 25 10 20 5/1,000 SF Service GFA Stations Educational 40,000 200 25 25 10 20 1 per 2 Facilities students Governmental 10,000 100. . 25-50 25 10 20 4 spaces per Uses 1 1,000 GFA ti Ordinance No. 7449-05 Indoor X8;988 X88 25 25 10 20 3-5/1000 SF Recreation/En 5.000--10,000 50-100 GFA or 3- =tertainment 5/lane, 1-- 2/court or 1lmachine Medical 10,000 100 25 25 10 20 2--311,000 Clinics GFA Nightclubs 1D,000 100 25 25 10 20 10 per 1,000 GFA Offices ~-9;008 X89 25-50 25 0--10 10-20 3-4 spaces 5 000-10 000 50-100 er 1,000 GFA Off-Street 10,000 100 n!a 25 10 20 n/a Parkin Outdoor. Retail 20,000 100 25 ' 25 10 20 10 per 1,000 Sales, Display of land area and/or Stora e Overnight 20,000-- 150--200 25-50 25 0--10 10-20 1 per unit Accommodati 40,000 ons Places of 20,000-, 100--200 25-50 25 10 20 .5-1 per 2 Worshi 2 40,000 seats Public n/a n/a 10 n/a n/a n/a n/a Transportation Facilities 3 Restaurants 5,000--10,000 50-100 25-35 25 0-10 10--20 7-15 spaces er 1,000 GFA Retail Sales 3;-688-1.9-;888 388 25-35 25 0--10 10-20 4--5 spaces and Services 5 000-10 000 50-100 er 1,000 GFA Social and 3,500-10,000 35-100 25-35 25 0-10 10--20 4-5 .spaces. Community per 1,000 GFA Centers Utility/Infrastru n/a n/a 20 25 10 20 n/a cture Facilities 4 Vehicle 20,000-- 150-200 25 25 10 20 2.5 spaces per Sales/Displays 40,000 1,000 of lot sales area Veterinary 10,000 100 25 25 10 20 4 spaces per Offices or 1,000 GFA Animal Grooming and Boardin Section 10. Article 2, Zoning Districts, Section 2-704, Commercial District (`C"), Flexible development, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. ~ Ordinance No. 7449-05 Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000--10,000 50-100 25 15-25 0-10 10-20 5 per 1,000 Beverage GFA Sales Comprehensiv n/a n/a n/a n/a n/a n/a Determined by e Infill the community Redevelopme development nt Project(1) coordinator based on the specific use and/or ITE Manual standards Indoor 3.500-10,000 30-100 25-50 15-25 0-10 10-20 3-5/1000 SF Recreation/En GFA or 3-- -tertainment 5/lane. 1-- 2/court or 1lmachine Light 5,000--10,000 50-100 25 15-25 0-10 10--20 4-5 spaces Assembl er 1,000 GFA Limited 5,000-10,000 50-100 25 15-25 0-10 10--20 4-5 spaces Vehicle per 1,000 GFA Service Marina 5,000-20,000 50 25 25 10 20 1 space per 2 Facilities sli s Mixed Use 5,000-10,000 50-100 25-50 15-25 0-10 10--20 4--5 spaces er 1,000 GFA Nightclubs 5,000-10,000 50-100 25 15-25 0-10 10--20 10 per 1,000 GFA Offices b;9A9-49;090 5A-398 25-50 15-25 0-10 10-20 3--4 spaces 3500-10 000 30-100 er 1,000 GFA Off-Street 10,000 100 n/a 15-25 0--10 10-20 n/a Parkin Outdoor 20,000 100 25 15--25 10 10--20 1--10 per Recreation/En 1,000 SQ FT tertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100-200 25-50 15-25 0--10 10--20 1 per unit Accommodati 40,000 ons Problematic 5,000 50 25 15-25 10 10--20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500--10,000 35-100 25-50 15-25 0-10 10--20 7-15 spaces er 1,000 GFA Retail Sales ~99A-~~68 59- 498 25-50 15-25 0-10 10-20 4--5 spaces and Services 3 500-10 000 30-100 er 1,000 GFA RV Parks 40,000 200 25 15-25 20 10--20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10-2D 1 per 20 units plus 2 for manager's office Ordinance No. 7449-05 • Social/Public 5,000-10,000 50--100 25--50 15-25 0--10 10--20 3--4 spaces Service per 1,000 GFA A encies 2 Telecommunie 10,000 100 Refer to 25 10 20 n/a ation Towers section 3-2001 Vehicle 10,000-- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ F7 of lot area Veterinary 5,000--10,000 50--100 25 15-25 0-10 10-20 4 spaces per Offices or 1,000 GFA Grooming and Boardin (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (2) SociaUpublic service agencies shall not exceed five acres. *********** Section 11. Article 2, Zoning Districts, Office District ("O"), Section 2- 1004.F, Offices, is amended as follows: t*****sx*,rx 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. Sign_ - No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. 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. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/or rear setback does not prevent access to the rear of any building for emergency access; 9 Ordinance No. 7449-05 b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. Section 12. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1302, Minimum standard development, is amended 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. "IR T" District Minimum Standard Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft,) Max. Height (ft.) Min. Off-Sireet s . ft. ft. Parkin Front Side/ Rear .Accessory 5,000 50 20 15 50 1/unit Dwellin s Governmental 20,000 200 20 15 50 3/1,000 SF GFA Uses 1 Manufacturing 20,000 200 20 15 50 1.5!1,000 SF GFA Offices 20 000 200 20 15 50 3/1 000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and n/a n/a 25 10/20 50 1 per 20,000 SF Recreation land area or as Facilities determined by the community development coordinator .based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo . Self Storage 20,000 200 20 15 50 1 per ZO units plus 2 for mana er's office TV/Radio 20,000 200 20 15 50 4/1000 SF GFA Studios Vehicle Service 20,000 200 20 15 50 1.511,000 SF GFA Wholesale/Distri 20,000 200 20 15 50 1.511,000 SF bution/ GFA Warehouse Facilit 10 Ordinance No. 7449-05 (1) 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 4, 4-5-01) *********** ~2) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than thirty l30) 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-wav by a solid wall/fence six (6) feet in height. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of- way. Section 13. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1303, Flexile standard development, is amended as follows: Section 2-1303. Flexible standard development. Table 2-1303. "IRT" 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 Develo ment Uses Min. Lot Area s . ft. Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parkin Front" Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing , 10,000 100 20 15 50 1.511,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 11 Ordinance No. 7449-05 Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Enter Land Area or as tainment determined by the community development coordinator based on ITE Manual standards Outdoor Storage Asssssar~jjc Rl2 20 15 30 Assesser~ 10 000 100 3/1 000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1-2 per 1,000 GFA Public n/a n/a n/a n/a 10 n/a .Transportation Facilities 1 Research and 10,000 100 20 15 50 2/1,000 SF GFA Technolo Residential 5,000 50 20 15 30 :3/1,000 SF GFA Shelters 2 Retail Sales and n/a n/a n/a n/a n/a n/a Services Restaurants n/a n/a n/a nla n/a n/a Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for mana ets office TV/Radio 10,000 100 20 15 50 4/1000 SF GFA Studios Utility/Infrastruct n/a n/a 20 15 n/a Na ure Facilities 3 Vehicle 40,000 200 20 15 30 1.511,000 SF Lot Sales/Displays Sales Area and Major Vehicle Sales/Displays 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary 10,000 100 20 15 30 5/1,000 SF GFA Offices or Animal Graomin Wholesale/Distri 10,000 100 20 15 50 1.5/1,000 SF . butionM/arehous GFA e Facilit Section 14. Article 2, Zoning Districts, Section 2-1303.F, Flexible Standard development, is amended as follows: F. Outdoor storage. 12 Ordinance No. 7449-05 1. Outdoor storage within the required front yard setback shall be prohibited. 2. All outdoor storage areas shall be completely screened from view from all adiacent residential zoned properties and/or public rights- of-way by a solid wall/fence six (6) feet in height. 3. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be othenrvise visible from adiacent residentially zoned property and/or public rights-of-wad w,vrw+r,rw,r*** Section 15. Article 3, Development Standards, Section 3-502., Downtown, is amended as follows: A. The dDesign Guidelines for development in the Clearwater Downtown Btst~+Et Redevelopment Plan, as adopted on February 4, 2004 and as subsequently amended, are hereby incorporated by reference. The Design Guidelines apply to all properties within the Clearwater Downtown Redevelopment Plan Area regardless of Zoning District. Section 16. Article 3, Development Standards, Section 3-902, Comprehensive plan densities/intensities, is amended as follows: **~*~,~****x D. Any project utilizing density/intensity averaging shall require written evidence of the averaging in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same shall be filed with the City and with Pinellas Planning Council (PPC). O. E. When calculating the lot area and/or density/intensity of a property, the total of either number shall not be rounded up to the next whole number. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6926-02, § 47, 5-2-02) F. Mixed Use. A mixed use determination will allow for nonresidential and residential land use to occur on the same lot. An application for a mixed use development shall state the nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling units. The application shall also provide the land area needed to support each land use based on the Future Land Use 13 Ordinance No. 7449-05 Plan classification. The combined land area needed to support the residential and nonresidential land use components shall not exceed the total existing land area. G. Submerged Lands. The area of submerged lands cannot be used in calculating allowable density. Section 17. Article 3, Development Standards, is amended as follows: DIVISION 9. GENERAL APPLICABILITY STANDARDS Section 3-919. Affordable housing parkins requirements. The minimum off-street parkins reauirement for affordable housing units, as defined by the City of Clearwater Economic Development & Housing Department, may be reduced to one (1) parking space per unit in any zoning district where residential uses are permitted. Section 18. Article'3, Development Standards, Section 3-1102.A.10, Standards, is amended as follows: 10. No home occupation shall involve the provision ,of day care services to more than #aef five children at any one time or as otherwise permitted by Florida Statutes. Section 19. Article 3, Development Standards, Section 3-1402. Design standards for parking lots and parkins garages: A. ***x******* Remove existing Graphic and replace with the following graphic. 14 Ordinance No. 7449-05 Off-street parkins spaces A B C D E F 0 8.0 8.0 12.0 23.0 28.0 A 45 9.0 19.5 13.0 12.7 52.0 g 50 9.0 20.0 14.0 11.7 54.0 F ~ D 60 9.0 20.5 18.0 10.4 59.0 70 9.0 20.0 19.0 9.6 59.0 ~ C 80 9.0 19.5 24.0 9.1 63.0 E ~ 90 9.0 18.0 24.0 9.0 60.0 A PARKING ANGLE (DEGREES) B STALL WIDTH (FEET) C STALL TO CURB (FEET) D AISLE WIDTH (FEET) E CURB LENGTH (FEET) F ~ MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET) *********** I. Structural supports located in parking garages shall not encroach into the reauired area of a parkins space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. Section 20. Article 3, Development Standards, Section 3-1502.C.3, Property maintenance. standards, is amended as follows: 3. 6fe~d~evel-wWindows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged or broken windows shall be promptly restored, repaired or replaced. All awnings, screens or canopies facing or visible from the public.right-of-way or any 15 Ordinance No. 7449-05 • other parcel shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. Section 21. Article 3, Development Standards, Section 3-1503.6.5, Nuisances, is amended as follows: 5. Accumulation and placement of nuisances. a. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation or hazardous swimming pools, or hazardous trees upon any rivate property, or on any public property without authorization to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood- destroying insects, or otherwise threatens the public health, safety or welfare. b. The placement of trash, debris or other items on public property without authorization. Section 22. Article 3, Development Standards, Section 3-1503.6.6, Nuisances, is amended as follows: 6. Except as provided in section 3-1506, the outdoor storage of all or part of any dismantled, partially dismantled, inoperative or discarded vehicle, recreational vehicle, machinery, appliance, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or scrap metal, on any public or private property, or of any abandoned vehicle, recreational vehicle, farm equipment, aircraft, boat, personal watercraft, trailer, truck, or motorcycle on any private property, within the city limits. This provision shall not apply to any vehicle, recreational vehicle, machinery, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, or bicycle which is located on the premises of a lawfully established storage yard or which is on the premises of a lawfully established vehicle service establishment and is in the process of repair or maintenance by that establishment. Section 23. Article 3, Development Standards, Section 3-1503.6.8, Nuisances, is amended as follows: 8. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the City in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds, shrubs, vegetation, trash, or any other accumulation extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way or private accessway or roadway by more than four inches. 16 Ordinance No. 7449-05 Section 24. Article 3, Development Standards, Section 3-1506, Exceptions, is amended as follows: The provisions of section 3-15053, relating to weeds, undergrowth or similar plant, material shall not apply to the following: Section 25. Article 3, Development Standards, Section 3-1508. D.6, Noise, is amended as follows: 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are lawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; Section 26. Article 3, Development Standards, Section 3-2103. B, Standards, is amended as follows: B. The following additional requirements shall apply for specified temporary uses: 4. Seasonal sales. A 1000 foot separation shall be required between a sea_s_onal_ business and any permanent business whose primary business is selling the same product as the seasonal business. The 1000 feet shall be measured from aroperty line to property line. Section 27. Article 4, Development Review and Other Procedures, Section 4-202.A.9.f, Applications for development approval, is amended as follows: f. A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. Section 28. Article 4, Development Review and Other Procedures, Section 4-202.A.11, Applications for development approval, is amended as follows: z. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. 17 Ordinance No. 7449-05 Section 29. Article 4, Development Review and Other Procedures, Section 4-202.A.1.2, Applications for development approval, is amended as follows: *********** Section 30. Article 4, Development Review and Other Procedures, Section 4-202.C.1 Applications for development approval, is amended as follows: 1. Determination of completeness. Within seven working days after reseil~ the published application deadline, the community development coordinator shall determine whether an application is complete. Section 31. Article 4, Development Review and Other Procedures, Section 4-206.C.3, Notices and public hearings, is amended as follows: 3. , #eafi~-Where an advertising requirement is set forth in Florida Statutes. notices shall be provided in accordance with that reauirement. Where no advertising requirement is set forth in Florida Statutes, all fequ+re~ notices shall be provided at least 45 10 but not more than 45 days in advance of the public hearing. Section 32. Article 4, Development Review and Other Procedures, Section 4-206.E, Notices and public hearings, is amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place- ; in this case, the date, time and place of the rescheduled hearing must be announced prior to or at the conclusion of the advertised hearing. ~e-si~sle~ ~ ' (~} Additional notice shall not be reauired for hearings which have action deferred in this manner for a period of 45 days or less. Renotification for any subsequently scheduled public hearing dates shall be required for hearings which have action deferred for a period of more than 45 days, in accordance with the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearing may also be continued to a date uncertain; in this case, renotification for any subseauently scheduled~ublic hearing dates shall be reauired in accordance with the requirements contained in Section 4-206C. 18 Ordinance No. 7449-05 Section 33. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within erne-~1-j two l2) years of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this . extension within the one-year period of validity after the original time extension. Good causes may include; but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supersede these requirements. Section 34. Article 4, Development Review and Other Procedures, Section 4-604:B.2, Annexation, is amended as follows: 2. If development is to be initiated prior to the effective date of the annexation g; then requisite site plans, plats, and engineering plans shall be submitted together with the petition or agreement to annex. - 19 Ordinance No. 7449-05 Section 35. Article 4, Development Review and Other Procedures, Section 4-1202.A Removal permit -Application, is amended as follows: A. Requirements for multi-family and all non-residential properties, and subdivisions. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all trees four inches DBH and greater specifying the size, canopy, and condition of such trees. ~. 3. A tree preservation plan A~lae is prepared by a certified . arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture-specifying how each tree is to be protected and how site development impacts the critical root zones (drip lines) and how to address these impacts, i.e. crown elevating, root pruning and/or root aeration systems. The tree preservation plan must show the tree barricade limits (2/3 of the drip line and in the root prune lines, if any), and the tree barricade detail and other pertinent tree preservation information. +"° .,,o+"^,+ .^ "° , , ~: 4. A topographical survey of the property, if the change in elevation of the grade is greater than five feet or if the property is one acre or more in area. 4-. 5. Justification of tree removal. Section 36. Article 4, Development Review and Other Procedures, Section 4-1402.5 Allocated development rights are freely transferable, is amended as follows: 20 Ordinance No. 7449-05 ~ ~ For parcels located within an area designated Central Business District (CDB) 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 area plan district from within the plan area or district in which the site is located. 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. b. 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. c. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach the project complies with all applicable code provisions and design guidelines. d. For mixed use projects located on Clearwater Beach and aoverned 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 overniaht accommodation uses. Section 37. Article 8. Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: 21 Ordinance No. 7449-05 ~ ~ Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic. and other geometrically shaped antenna shall not be . permitted this height increase. (2) Flagpoles located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than 38 42 inches over the maximum height specified for the zoning district in which the building is located. (5) Structures permanentlx affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum allowable height. Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by erne-persee two or grs~+p-s€ more persons practicing. any health services to individuals, whether such persons be medical doctors, chiropractors, psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals. ********** 22 Ordinance No. 7449-05 • • Section 38. Article 2. Minimum Off-Street Parking for Attached Dwellings, is revised by amending Table 2-104. "LDR" District Flexible Development Standards, Table 2-203. "LMDR" District Flexible Standard Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303. "MDR" District Flexible Standard Development, Table 2-304. "MDR" District. Flexible Development, Table 4-402. "MHDR" Minimum Standard Development, Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR" Flexible Development, Table 2-502. "HDR" Minimum Standard Development, Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible Development Standards, Table 2-802. "T" District Flexible Standard Development Standards, and Table 2-803. "T" Flexible Development Standards by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2 per unit for Attached Dwellings. Section 39. Appendix A. Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations, (2) Fee schedule, is amended as follows: ********** ~. ~er}ing-;~; ifisaiien-let+~r~e,~e##~'~1~ ~- 7. Project research, per hour (not to exceed eight hours without commission approval) .....26.00 Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII. Land Development, (1) Level One, is amended as follows: w,t**,r***** Temporary use permit for seasonal sales..... 250.00 Section 41. Amendments to the Land 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 42. The City off 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. 23 Ordinance No. 7449-05 •' a • Section 43. 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 44. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 45. 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 Dougall-Sid s Assistant City Attorney November 16, 2005 December 15, 2005 - ~• nk V. Hibbard Mayor Attest: - ~~ Cynt a . Goi~dea~ r : - City Jerk ~ ~~_ ,_ _ 24 Ordinance No. 7449-05 • MOTION TO AMEND ORDINANCE N0.7449-05 ON SECOND READING On page 21, amend the ordinance as follows: In paragraph 5 change (CDB) to (CBD). Paragraph 5 is amended to read as follows: 5. For parcels located within an area designated Central Business District (CBD) 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 one receive density/intensity transferred from within the CBD CRD redevelopment plan area or special area plan district from within the plan area or district in which the site is located L/l Pamela K. Akin City Attorney December 15 , 2005 r, • • ORDINANCE NO. 7449-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A, ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT, OFFICES, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A PERMITTED USE, AND AMENDING DIMENSIONAL REQUIREMENTS FOR OFFICES AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, MINIMUM STANDARD DEVELOPMENT, BY ADDING ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD DEVELOPMENT, BY REVISING OUTDOOR STORAGE DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN, BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-902, COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING A PROVISION REQUIRING A RECORDED DOCUMENT TO EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING, Ordinance No. 7449-05 ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND SUBMERGED LAND; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, NEW SECTION 3-919, AFFORDABLE HOUSING PARKING REQUIREMENTS, BY REDUCING THE REQUIRED PARKING PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS FOR PARKING LOTS AND PROVIDING STANDARDS FOR PARKING GARAGES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502.C.3, PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED WINDOW FEATURES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY REVISING AND CLARIFYING PROVISIONS RELATED TO ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS, SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506, EXCEPTIONS, BY CORRECTING A CODE SECTION REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103.6, BY ADDING A PROVISION RESTRICTING THE LOCATION OF SEASONAL SALES TO PERMANENT BUSINESSES SELLING THE SAME PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY CLARIFYING TREE SURVEY AND TREE INVENTORY. REQUIREMENTS, AND CLARIFYING THE COMPLETENESS DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206. E, AMENDING THE NOTICE REQUIREMENT FOR CONTINUANCES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY CHANGING THE TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4, 2 Ordinance No. 7449-05 • i DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-604.8,2, ANNEXATION, TO REFERENCE ANY NEW CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE PRESERVATION PLAN REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20% LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT ACCOMMODATIONS ON CLEARWATER BEACH; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, BY REVISING THE DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303, 304,402,403,502,503,504,802, AND 803 TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR ATTACHED DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT FEE; 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, 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. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended as follows: 3 Ordinance No. 7449-05 • *********** The following uses are Level One permitted uses in the LDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-102. "LDR" District Minimum Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Community 10,000 100 25 1045 20 ~5 30 2/unit Residential Homes (6 or fewer residents Detached 20,000 100 25 10 4r5 ~ 20 ~5 30 2/unit Dwellin s *********** Section 2. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended by amending the illustrative graphic for the Low Density Residential District is amended by revising the side yard setback for detached dwellings and accessory structures from 15 feet to 10 feet. Section 3. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-201.1., Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwellin units er acre FAR .40 ~A/ISR .65 ~9 Residential Urban 7.5 dwelling units per FAR .40/ISR.65 acre *********** Section 4. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended as follows: *********** The following uses are Level One permitted uses in the LMDR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 4 Ordinance No. 7449-05 ~ ~ Table 2-202. "LMDR" District Minimum Standard Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Community 5,000 50 25 5 1045 30 2/unit Residential Homes (up to 6 residents Detached 5,000 50 25 5 1045 30 2/unit Dwellin s *********** Section 5. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended by amending the illustrative diagram for the Low Medium Density Residential District by revising the rear yard setback for detached dwellings (single family) and accessory structures from 15 feet to 10 feet. Section 6. Article 2, Zoning Districts, Medium Density Residential District ("MDR"), Section 2-301.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface 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 15 dwelling units per FAR .50/ISR .75 General acre *********** Section 7. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is amended as follows: *********** 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; 5 Ordinance No. 7449-05 b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. *********** Section 8. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is amended as follows: *********** Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Building height, may only exceed 80 feet, however, if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. Section 9. Article 2, Zoning Districts, Commercial District ('C"), Section 2-703, Flexible standard development, is amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-703. "C" District Flexible Standard Develo ment Standard Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft.) (ft.)"' Parking S aces Accessory n/a n/a n/a n/a n/a n/a 1 space per Dwellin s unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic 10,000 100 25 25 10 20 5 per 1,000 Beverage GFA Sales Automobile 10,000 100 25 25 10 20 5/1,000 SF Service GFA Stations Educational 40,000 200 25 25 10 20 1 per 2 Facilities students Governmental 10,000 100 25--50 25 10 20 4 spaces per Uses 1 1,000 GFA 6 Ordinance No. 7449-05 Indoor 48~A9 ~A9 25 25 10 20 3--5/1000 SF Recreation/En 5,000-10,000 50--100 GFA or 3-- -tertainment 5/lane, 1- 2/court or 1/machine Medical 10,000 100 25 25 10. 20 2-3/1,000 Clinics GFA Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 4&AA8 a-9a 25--50 25 0--10 10-20 3-4 spaces 5 000-10 000 50-100 er 1,000 GFA Off-Street 10,000 100 n/a 25 10 20 n/a Parkin Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000 Sales, Display of land area and/or Stora e Overnight 20,000- 150-200 25--50 25 0-10 10-20 1. per unit Accommodati 40,000 ons Places of 20,000- 100-200 25-50 25 10 20 .5-1 per 2 Worshi 2 40,000 seats Public n/a n/a 10 n/a n/a n/a n/a Transportation Facilities 3 Restaurants 5,000-10,000 50-100 25-35 25 0-10 10-20 7-15 spaces er 1,000 GFA Retail Sales 3589-a-~9A~ 35--~9~ 25-35 25 0-10 10--20 4-5 spaces and Services 5 000-10 000 50-100 er 1,000 GFA Social and 3,500-10,000 35-100 25--35 25 0-10 10--20 4--5 spaces Community per 1,000 GFA Centers Utility/Infrastru n/a n/a 20 25 10 20 n/a cture Facilities 4 Vehicle 20,000- 150-200 25 25 10 20 2.5 spaces per Sales/Displays 40,000 1,000 of lot sales area Veterinary 10,000 100 25 25 10 20 4 spaces per Offices or 1,000 GFA Animal Grooming and Boardin *********** Section 10. Article 2, Zoning Districts, Section 2-704, Commercial District (`C"), Flexible development, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. ~ Ordinance No. 7449-05 Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000--10,000 50--100 25 15--25 0-10 10--20 5 per 1,000 Beverage GFA Sales Comprehensiv n/a n/a n/a n/a n/a n/a Determined by e Infill the community Redevelopme development nt Project(1) coordinator based on the specific use and/or ITE Manual standards Indoor 3,500--10.000 30--100 25--50 15--25 0-10 10--20 3--5/1000 SF Recreation/En GFA or 3- -tertainment 5/lane, 1- 2/court or 1/machine Light 5,000-10,000 50--100 25 15-25 0-10 10-20 4-5 spaces Assembl er 1,000 GFA Limited 5,000-10,000 50-100 25 15-25 0-10 10-20 4-5 spaces Vehicle per 1,000 GFA Service Marina 5,000--20,000 50 25 25 10 20 1 space per 2 Facilities sli s Mixed Use 5,000-10,000 50-100 25-50 15-25 0-10 10-20 4-5 spaces er 1,000 GFA Nightclubs 5,000--10,000 50-100 25 15-25 0-10 10--20 10 per 1,000 GFA Offices 5;8AA-~9;9A4 SA--~80 25--50 15--25 0-10 10--20 3-4 spaces 3 500--10 000 30-100 er 1,000 GFA Off-Street 10,000 100 n/a 15--25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15-25 10 10-20 1-10 per Recreation/En 1,000 SQ FT tertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100-200 25--50 15--25 0--10 10--20 1 per unit Accommodati 40,000 ons Problematic 5,000 50 25 15-25 10 10--20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500-10,000 35--100 25--50 15--25 0-10 10--20 7-15 spaces er 1,000 GFA Retail Sales 5;9A8--1.8;AA8 SA--~89 25--50 15-25 0-10 10-20 4-5 spaces and Services 3 500--10 000 30--100 er 1,000 GFA RV Parks 40,000 200 25 15--25 20 10--20 1 space per RVs ace Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units plus 2 for manager's office Ordinance No. 7449-05 Social/Public 5,000--10,000 50--100 25--50 15--25 0--10 10-20 3-4 spaces Service per 1,000 GFA A encies 2 Telecommunic 10,000 100 Refer to 25 ~ 10 20 n/a ation Towers section 3-2001 Vehicle 10,000- 100-200 25 15-25 10 10--20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-10,000 50-100 25 15-25 0--10 10-20 4 spaces per Offices or 1,000 GFA Grooming and Boardin (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (2) Social/public service agencies shall not exceed five acres. *********** *********** Section 11. Article 2, Zoning Districts, Office District ("O"), Section 2- 1004.F, Offices, is amended as follows: *********** 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. Sign_ - No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. 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. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/or rear setback does not prevent access to the rear of any building for emergency access; 9 Ordinance No. 7449-05 b. The reduction in side and/or rear- setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. *********** Section 12. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1302, Minimum standard development, is amended 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 Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ff. ft. Parkin Front Side/ Rear Accessory 5,000 50 20 15 50 1/unit Dwellin s Governmental 20,000 200 20 15 50, 3/1,000 SF GFA Uses 1 Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and n/a n/a 25 10/20 50 1 per 20,000 SF Recreation land area or as Facilities determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mans er's office TV/Radio 20,000 200 20 15 50 4/1000 SF GFA Studios Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF bution/ GFA Warehouse Facilit 10 Ordinance No. 7449-05 • • (1) 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 4, 4-5-01) *********** 2) Outdoor storaae within the required front yard setback shall be prohibited. Such outdoor storaae areas shall be limited to not more than thirty (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 (6) feet in height. Items stored within outdoor storaae areas shall not exceed six (6) feet 'in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of- way. Section 13. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1303, Flexible standard development, is amended as follows: Section 2-1303. Flexible standard development. Table 2-1303. "IRT" 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 Develo ment Uses Min. Lot Area s . ft. Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parkin Front"" Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100_ 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 11 Ordinance No. 7449-05 Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Enter Land Area or as tainment determined by the community development coordinator based on ITE Manual standards Outdoor Storage Assessery ~Ga 20 15 30 Ascesser~c 10 000 100 3/1 000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public n/a n/a n/a n/a 10 n/a Transportation Facilities 1 Research and 10,000 100 20 15 50 2/1,000 SF GFA Technolo Residential 5,000 50 20 15 30 3/1,000 SF GFA Shelters 2 Retail Sales and n/a n/a n/a n/a n/a n/a Services Restaurants n/a n/a n/a n/a n/a n/a Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mana er's office TV/Radio 10,000 100 20 15 50 4/1000 SF GFA Studios Utility/Infrastruct n/a n/a 20 15 n/a n/a ure Facilities 3 Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot Sales/Displays Sales Area and Major Vehicle Sales/Displays 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary 10,000 100 20 15 30 5/1,000 SF GFA Offices or Animal Groomin Wholesale/Distri 10,000 100 20 15 50 1.5/1,000 SF butionNVarehous GFA e Facili Section 14. Article 2, Zoning Districts, Section 2-1303.F, Flexible Standard development, is amended as follows: F. Outdoor storage. 12 Ordinance No. 7449-05 1. Outdoor storage within the required front yard setback shall be prohibited. 2. All outdoor storage areas shall be completely screened from view from all adiacent residential zoned properties and/or public rights- of-way by a solid wall/fence six (6) feet in height. 3. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adiacent residentially zoned property and/or public rights-of-way. *********** Section 15. Article 3, Development Standards, Section 3-502., Downtown, is amended as follows: *********** A. The Design Guidelines for development in the Clearwater Downtown 1; Redevelopment Plan, as adopted on February 4, 2004 and as subsequently amended, are hereby incorporated by reference. The Design Guidelines apply to all properties within the Clearwater Downtown Redevelopment Plan Area regardless of Zoning District. *********** Section 16. Article 3, Development Standards, Section 3-902, Comprehensive plan densities/intensities, is amended as follows: *********** D. Any project utilizing density/intensity averaging shall require written evidence of the averaging in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same shall be filed with the City and with Pinellas Planning Council (PPC). ~. E. When calculating the lot area and/or density/intensity of a property, the total of either number shall not be rounded up to the next whole number. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 47, 5-2-02) F. Mixed Use. A mixed use determination will allow for nonresidential and residential land use to occur on the same lot. An application for a mixed use development shall state the nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling units. The application shall also provide the land area needed to support each land use based on the Future Land Use 13 Ordinance No. 7449-05 • C~ Plan classification. The combined land area needed to support the residential and nonresidential land use components shall not exceed the total existing land area. G. Submersed Lands. The area of submerged lands cannot be used in calculating allowable density. Section 17. Article 3, Development Standards, is amended as follows: DIVISION 9. GENERAL APPLICABILITY STANDARDS Section 3-919. Affordable housing parkins requirements. The minimum off-street parking requirement for affordable housing units, as defined by the City of Clearwater Economic Development & Housing Department, may be reduced to one (1) parking space per unit in any zoning district where residential uses are permitted. Section 18. Article 3, Development Standards, Section 3-1102.A.10, Standards, is amended as follows: 10. No home occupation shall involve the provision of day care services to more than #ebr five children at any one time or as otherwise permitted by Florida Statutes. Section 19. Article 3, Development Standards, Section 3-1402. Design standards for parking lots and parking garages: *********** A. *********** Remove existing graphic and replace with the followins graphic. 14 Ordinance No. 7449-05 • Off-street parking spaces A B C D E F 0 8.0 8.0 12.0 23.0 28.0 ' A 45 9.0 19.5 13.0 12.7 52.0 B 50 9.0 20.0 14.0 11.7 54.0 F D 60 9.0 20.5 18.0 10.4 59.0 70 9.0 20.0 19.0 9.6 59.0 G 80 9.0 19.5 24.0 9.1 63.0 E 90 9.0 18.0 24.0 9.0 60.0 A PARKING ANGLE (DEGREES) B STALL WIDTH (FEET) C STALL TO CURB (FEET) D AISLE WIDTH (FEET) E CURB LENGTH (FEET) F MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET) *********** I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. Section 20. Article 3, Development Standards, Section 3-1502.C.3, Property maintenance standards, is amended as follows: 3. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged or broken windows shall be promptly restored, repaired or replaced. All awnings, screens or canopies facing or visible from the public right-of-way or any 15 Ordinance No. 7449-05 other parcel shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. Section 21. Article 3, Development Standards, Section 3-1503.6.5, Nuisances, is amended as follows: 5. Accumulation and placement of nuisances. a. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation or hazardous swimming pools, or hazardous trees upon any rivate property, or on any public property without authorization to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a. breeding place for flies, mosquitoes, or wood- destroying insects, or otherwise threatens the public health, safety or welfare. b. The placement of trash, deibris or other items on public property without authorization. Section 22. Article 3, Development Standards, Section 3-1503.8.6, Nuisances, is amended as follows: 6. Except as provided in section 3-1506, the outdoor storage of all or part of any dismantled, partially dismantled, inoperative or discarded vehicle, recreational vehicle, machinery, appliance, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or scrap metal, on any public or private property, or of any abandoned vehicle, recreational vehicle, farm equipment, aircraft, boat, personal watercraft, trailer, truck, or motorcycle on any private property, within the city limits. This provision shall not apply to any vehicle, recreational vehicle, machinery, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, or bicycle which is located on the premises of a lawfully established storage yard or which is on the premises of a lawfully established vehicle service establishment and is in the process of repair or maintenance by that establishment. Section 23. Article 3, Development Standards, Section 3-1503.8.8, Nuisances, is amended as follows: 8. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the Coty in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds, shrubs, vegetation, trash, or any other accumulation extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way or private accessway or roadway by more than four inches. 16 Ordinance No. 7449-05 • Section 24. Article 3, Development Standards, Section 3-1506, Exceptions, is amended as follows: The provisions of section 3-150x3, relating to weeds, undergrowth or similar plant material shall not apply to the following: *********** Section 25. Article 3, Development Standards, Section 3-1508.D.6, Noise, is amended as follows: 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are lawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; Section 26. Article 3, Development Standards, Section 3-2103.8, Standards, is amended as follows: B. The following additional requirements shall apply for specified temporary uses: *********** 4. Seasonal sales. A 1000 foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal business. The 1000 feet shall be measured from property line to property line. Section 27. Article 4, Development Review and Other Procedures, Section 4-202.A.9.f, Applications for development approval, is amended as follows: f. A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. Section 28. Article 4, Development Review and Other Procedures, Section 4-202.A.11, Applications for development approval, is amended as follows: *********** z. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. 17 Ordinance No. 7449-05 • Section 29. Article 4, Development Review and Other Procedures, Section 4-202.A.12, Applications for development approval, is amended as follows: *********** . , Section 30. Article 4, Development Review and Other Procedures, Section 4-202.C.1 Applications for development approval, is amended as follows: 1. Determination of completeness. Within seven working days after ~escei•~ the published application deadline, the community development coordinator shall determine whether an application is complete. Section 31. Article 4, Development Review and Other Procedures, Section 4-206.C.3, Notices and public hearings, is amended as follows: 3. , k~ea~+ag-Where an advertising requirement is set forth in Florida Statutes, notices shall be provided in accordance with that reauirement. Where no advertising requirement is set forth in Florida Statutes, all e~ notices shall be provided at least 4a 10 but not more than 45 days in advance of the public hearing. Section 32. Article 4, Development Review and Other Procedures, Section 4-206. E, Notices and public hearings, is amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place- ; in this case, the date, time and place of the rescheduled hearing must be announced prior to or at the conclusion of the advertised hearing. ~qe-sits-Slew (~} Additional notice shall not be required for hearings which have action deferred in this manner fora period of 45 days or less. Renotification for any subsequently scheduled public hearing dates shall be required for hearings which have action deferred for a period of more than 45 days, in accordance with the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearing may also be continued to a date uncertain; in this case, renotification for any subsequently scheduled public hearing dates shall be required in accordance with the requirements contained in Section 4-206C. 18 Ordinance No. 7449-05 • Section 33. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard development) approvals and all required certificates of occupancy shall be obtained within eae-{-'I-} two 2 years of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project.. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 34. Article 4, Development Review and Other Procedures, Section 4-604.6.2, Annexation, is amended as follows: 2. If development is to be initiated prior to the effective date of the annexation then requisite site plans, plats, and engineering plans shall be submitted together with the petition or agreement to annex. 19 Ordinance No. 7449-05 C~ J r: Section 35. Article 4, Development Review and Other Procedures, Section 4-1202.A Removal permit -Application, is amended as follows: ********** A. Requirements for multi-family and all non-residential properties, and subdivisions. 1. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing -and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all trees four inches DBH and Greater specifying the size, canopy, and condition of such trees. ~. 3. A tree preservation plan A~ae is prepared by a certified arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture-specifying how each tree is to be protected and how site development impacts the critical root zones (drip lines) and how to address these impacts, i.e. crown elevating, root pruning and/or root aeration systems. The tree preservation plan must show the tree barricade limits (2/3 of the drip line and in the root prune lines, if any), and the tree barricade detail and other pertinent tree preservation information. 3- 4. A topographical survey of the property, if the change in elevation of the grade is greater than five feet or if the property is one acre or more in area. 5. Justification of tree removal. Section 36. Article 4, Development Review and Other Procedures, Section 4-1402.5 Allocated development rights are freely transferable, is amended as follows: 20 Ordinance No. 7449-05 • • For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan maip or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment elan area or special area plan district from within the plan area or district in which the site is located. 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. b. 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. c. 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 proiect complies with all applicable code provisions and design guidelines. d. 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 proiect that do not include overnight accommodation uses. ********** Section 37. Article 8. Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: 21 Ordinance No. 7449-05 • Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles .located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than ~9 42 inches over the maximum height specified for the zoning district in which the building is located. (5) Structures permanently affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum allowable height. ********** Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by e~-e--pe~se~ two or ~# more persons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals. ********** 22 Ordinance No. 7449-05 • Section 38. Article 2. Minimum Off-Street Parking for Attached Dwellings, is revised by amending Table 2-104. "LDR" District Flexible Development Standards, Table 2-203. "LMDR" District Flexible Standard Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303. "MDR" District Flexible Standard Development, Table 2-304. "MDR" District Flexible Development, Table 4-402. "MHDR" Minimum Standard Development, Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR" Flexible Development, Table 2-502. "HDR" Minimum Standard Development, Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible Development Standards, Table 2-802. "T" District Flexible Standard Development Standards, and Table 2-803. "T" Flexible Development Standards by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2 per unit for Attached Dwellings. ********** Section 39. Appendix A. Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations, (2) Fee schedule, is amended as follows: ********** T_~eninn ~i inn4i~A,{- nor In44~r _ 'I 'IMP e 1""~ 7. Project research, per hour (not to exceed eight hours without commission approval) .....26.00 Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII. Land Development, (1) Level One, is amended as follows: ********** Temporary use permit for seasonal sales..... 250.00 Section 41. Amendments to the Land 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 42. 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. 23 Ordinance No. 7449-05 Section 43. 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 44. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 45. 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 Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 24 Ordinance No. 7449-05 _-- ORDINANCE NO. 7449-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM REAR SETBACK IREQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A, ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT, OFFICES, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A PERMITTED USE, AND AMENDING DIMENSIONAL REQUIREMENTS FOR OFFICES AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION- 2-1302, MINIMUM STANDARD DEVELOPMENT, BY ADDING ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD DEVELOPMENT, BY REVISING OUTDOOR STORAGE DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303. F, BY REVISING FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN, BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-902, COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING A PROVISION REQUIRING A RECORDED DOCUMENT TO EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING, Ordinance No. 7449-05 ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND SUBMERGED LAND; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, NEW SECTION 3-919, AFFORDABLE HOUSING PARKING REQUIREMENTS, BY REDUCING THE REQUIRED PARKING PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS FOR PARKING LOTS AND PROVIDING STANDARDS FOR PARKING GARAGES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502.C.3, PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED WINDOW FEATURES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY REVISING AND CLARIFYING PROVISIONS RELATED TO ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS, SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506, EXCEPTIONS, BY CORRECTING A CODE SECTION REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103.B, BY ADDING A PROVISION RESTRICTING THE LOCATION OF SEASONAL SALES TO PERMANENT BUSINESSES SELLING THE SAME PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY CLARIFYING TREE SURVEY AND TREE INVENTORY REQUIREMENTS, AND CLARIFYING THE COMPLETENESS DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206. E, AMENDING THE NOTICE REQUIREMENT FOR CONTINUANCES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY CHANGING THE TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4, 2 Ordinance No. 7449-05 ~ ~ DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-604.B.2, ANNEXATION, TO REFERENCE ANY NEW CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE PRESERVATION PLAN REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20% LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT ACCOMMODATIONS ON CLEARWATER BEACH; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, BY REVISING THE DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303, 304,402,403,502,503,504,802, AND 803 TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR ATTACHED DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE o CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT FEE; 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, 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. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended as follows: 3 Ordinance No. 7449-05 ~ ~ *********** The following uses are Level One permitted uses in the LDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-102. "LDR" District Minimum Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Community 10,000 100 25 1045 20 25 30 2/unit Residential Homes (6 or fewer residents Detached 20,000 100 25 1045 20 ~5 30 2/unit Dwellin s *********** Section 2. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended by amending the illustrative graphic for the Low Density Residential District is amended by revising the side yard setback for detached dwellings and accessory structures from 15 feet to 10 feet. Section 3. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-201.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwellin units er acre FAR .40 ~A/ISR .65 Residential Urban 7.5 dwelling units per FAR .40/ISR.65 acre *********** Section 4. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended as follows: *********** The following uses are Level One permitted uses in the LMDR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 4 Ordinance No. 7449-05 • Table 2-202. "LMDR" District Minimum Standard Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Community 5,000 50 25 5 1045 30 2/unit Residential Homes (up to 6 residents Detached 5,000 50 25 5 1045 30 2/unit Dwellin s *********** Section 5. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended by amending the illustrative diagram for the Low Medium Density Residential District by revising the rear yard setback for detached dwellings (single family) and accessory structures from 15 feet to 10 feet. Section 6. Article 2, Zoning Districts, Medium Density Residential District ("MDR"), Section 2-301.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface 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 15 dwelling units per FAR .50/ISR .75 General acre *********** Section 7. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is amended as follows: *********** 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; 5 Ordinance No. 7449-05 b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bay, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. *********** Section 8. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is amended as follows: Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Building height, may only exceed 80 feet, however, if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bay by a public open space. Section 9. Article 2, Zoning Districts, Commercial District (`C"), Section 2-703, Flexible standard development, is amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-703. "C" District Flexible Standard Develo ment Standard Use Min. Lot Area Min. Lot Width Max. Height Min.- Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft.) (ft.)* Parking S aces Accessory n/a n/a n/a n/a n/a n/a 1 space per Dwellin s unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic 10,000 100 25 25 10 20 5 per 1,000 Beverage GFA Sales Automobile 10,000 100 25 25 10 20 5/1,000 SF Service GFA Stations Educational 40,000 200 25 25 10 20 1 per 2 Facilities students Governmental 10,000 100 25--50 25 10 20 4 spaces per Uses 1 1,000 GFA 6 Ordinance No. 7449-05 Indoor 49;A89 499 25 25 10 20 3--5/1000 SF Recreation/En 5,000-10,000 50-100 GFA or 3-- -tertainment 5/lane, 1-- 2/court or 1 /machine Medical 10,000 100 25 25 10 20 2--3/1,000 Clinics GFA Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 49;999 499 25--50 25 0--10 10-20 3--4 spaces 5 000-10 000 50--100 er 1,000 GFA Off-Street 10,000 100 n/a 25 10 20 n/a Parkin Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000 Sales, Display of land area and/or Stora e Overnight 20,000-- 150-200 25--50 25 0-10 10-20 1 per unit Accommodati 40,000 ons Places of 20,000- 100-200 25-50 25 10 20 .5-1 per 2 Worshi 2 40,000 seats Public n/a n/a 10 n/a n/a n/a n/a Transportation Facilities 3 Restaurants 5,000-10,000 50--100 25--35 25 0--10 10-20 7--15 spaces er 1,000 GFA Retail Sales X5599-49;999 35--~99 25-35 25 0--10 10-20 4--5 spaces and Services 5 000-10 000 50-100 er 1,000 GFA Social and 3,500-10,000 35-100 25-35 25 0--10 10-20 4-5 spaces Community per 1,000 GFA Centers Utility/Infrastru n/a n/a 20 25 10 20 n/a cture Facilities 4 Vehicle 20,000- 150-200 25 25 10 20 2.5 spaces per Sales/Displays 40,000 1,000 of lot sales area Veterinary 10,000 100 25 25 10 20 4 spaces per Offices or 1,000 GFA Animal Grooming and Boardin *********** Section 10. Article 2, Zoning Districts, Section 2-704, Commercial District (`C"), Flexible development, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. ~ Ordinance No. 7449-05 Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000--10,000 50-100 25 15--25 0-10 10-20 5 per 1,000 Beverage GFA Sales Comprehensiv n/a n/a n/a n/a n/a n/a Determined by e Infill the community Redevelopme development nt Project(1) coordinator based on the specific use and/or ITE Manual standards Indoor 3,500--10,000 30-100 25-50 15--25 0-10 10--20 3-5/1000 SF Recreation/En GFA or 3-- -tertainment 5/lane, 1- 2/court or 1/machine Light 5,000-10,000 50-100 25 15-25 0-10 10--20 4-5 spaces Assembl er 1,000 GFA Limited 5,000--10,000 50-100 25 15--25 0-10 10-20 4-5 spaces Vehicle per 1,000 GFA Service Marina 5,000--20,000 50 25 25 10 20 1 space per 2 Facilities sli s Mixed Use 5,000-10,000 50-100 25--50 15-25 0-10 10-20 4-5 spaces er 1,000 GFA Nightclubs 5,000--10,000 50-100 25 15--25 0-10 10--20 10 per 1,000 GFA Offices S;AAA-a-9;AA9 SA---SAO 25-50 15--25 0-10 10-20 3--4 spaces 3 500--10 000 30-100 er 1,000 GFA Off-Street 10,000 100 n/a 15-25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15--25 10 10-20 1--10 per Recreation/En 1,000 SD FT tertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100--200 25--50 15--25 0--10 10--20 1 per unit Accommodati 40,000 ons Problematic 5,000 50 25 15--25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500-10,000 35-100 25--50 15-25 0--10 10-20 7-15 spaces er 1,000 GFA Retail Sales ~;-9A8--~A;9A9 59--~98 25--50 15-25 0--10 10--20 4--5 spaces and Services 3 500--10 000 30-100 er 1,000 GFA RV Parks 40,000 200 25 15--25 20 10--20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10--20 1 per 20 units plus 2 for manager's office Ordinance No. 7449-05 Social/Public 5,000--10,000 50--100 25--50 15-25 0--10 10--20 3-4 spaces Service per 1,000 GFA A encies 2 Telecommunic 10,000 100 Refer to 25 10 20 n/a ation Towers section 3-2001 Vehicle 10,000-- 100--200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-10,000 50--100 25 15-25 0-10 10-20 4 spaces per Offices or 1,000 GFA Grooming and Boardin (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (2) Social/public service agencies shall not exceed five acres. *********** *********** Section 11. Article 2, Zoning Districts, Office District ("O"), Section 2- 1004.F, Offices, is amended as follows: *********** 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. Sign_ - No sign of any kind pis designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a .part of an approved comprehensive sign program. 3. 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. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/or rear setback does not prevent access to the rear of any building for emergency access; 9 Ordinance No. 7449-05 • b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. *********** Section 12. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1302, Minimum standard development, is amended 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 Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ff.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front Side/ Rear Accessory 5,000 50 1 20 15 50 1/unit Dwellin s Governmental 20,000 200 20 15 50 3/1,000 SF GFA Uses 1 Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and n/a n/a 25 10/20 50 1 per 20,000 SF Recreation land area or as Facilities determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office TV/Radio 20,000 200 20 15 50 4/1000 SF GFA Studios Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF bution/ GFA Warehouse Facili 10 Ordinance No. 7449-05 (1) 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 4, 4-5-01) *********** 21 Outdoor storaae within the reauired front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than thirty (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 (6) feet in height. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of- way. Section 13. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1303, Flexible standard development, is amended as follows: Section 2-1303. Flexible standard development. Table 2-1303. "IRT" 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 Develo ment Uses Min. Lot Area s . ft. Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parkin Front" Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 11 Ordinance No. 7449-05 • Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Enter Land Area or as tainment determined by the community development coordinator based on ITE Manual standards Outdoor Storage Assessery a/a 20 15 30 Assessery 10 000 100 3/1 000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public n/a n/a n/a n/a 10 n/a Transportation Facilities 1 Research and 10,000 100 20 15 50 2/1,000 SF GFA Technolo Residential 5,000 50 20 15 30 3/1,000 SF GFA Shelters 2 Retail Sales and n/a n/a n/a n/a n/a n/a Services Restaurants n/a n/a n/a n/a n/a n/a Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mana er's office TV/Radio 10,000 100 20 15 50 4/1000 SF GFA Studios Utility/Infrastruct n/a n/a 20 15 n/a n/a ure Facilities 3 Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot Sales/Displays Sales Area and Major Vehicle Sales/Displays 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary 10,000 100 20 15 30 5/1,000 SF GFA Offices or Animal Groomin Wholesale/Distri 10,000 100 20 15 50 1.5/1,000 SF bution/Warehous GFA e Facili Section 14. Article 2, Zoning Districts, Section 2-1303.F, Flexible Standard development, is amended as follows: F. Outdoor storage. 12 Ordinance No. 7449-05 1. Outdoor storage within the reauired front yard setback shall be prohibited. 2. All outdoor storage areas shall be completely screened from view from all adjacent residential zoned properties and/or public rights- of-way by a solid wall/fence six (6) feet in height. 3. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. *********** Section 15. Article 3, Development Standards, Section 3-502., Downtown, is amended as follows: *********** A. The Design Guidelines for development in the Clearwater Downtown f Redevelopment Plan, as adopted on February 4, 2004 and as subsequently amended, are hereby incorporated by reference. The Design Guidelines apply to all properties within the Clearwater Downtown Redevelopment Plan Area regardless of Zoning District. *********** Section 16. Article 3, Development Standards, Section 3-902, Comprehensive plan densities/intensities, is amended as follows: *********** D. Any project utilizing density/intensity averaging shall require written evidence of the averaging in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same shall be filed with the City and with Pinellas Planning Council (PPC). ~. E. When calculating the lot area and/or density/intensity of a property, the total of either number shall not be rounded up to the next whole number. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 47, 5-2-02) F. Mixed Use. A mixed use determination will allow for nonresidential and residential land use to occur on the same lot. An application for a mixed use development shall state the nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling units. The application shall also provide the land area needed to support each land use based on the Future Land Use 13 Ordinance No. 7449-05 ~ ~ Plan classification. The combined land area needed to support the residential and nonresidential land use components shall not exceed the total existing land area. G. Submerged Lands. The area of submerged lands cannot be used in calculating allowable density. Section 17. Article 3, Development Standards, is amended as follows: DIVISION 9. GENERAL APPLICABILITY STANDARDS Section 3-919. Affordable housing parking requirements. The minimum off-street parking requirement for affordable housing units, as defined by the City of Clearwater Economic Development & Housing Department, may be reduced to one (1) parkins space per unit in any zoning district where residential uses are permitted. Section 18. Article 3, Development Standards, Section 3-1102.A.10, Standards, is amended as follows: 10. No home occupation shall involve the provision of day care services to more than #eu~ five children at any one time or as otherwise permitted by Florida Statutes. Section 19. Article 3, Development Standards, Section 3-1402. Design standards for parking lots and parking sarages: *********** A. *********** Remove existing graphic and replace with the following graphic. 14 Ordinance No. 7449-05 • Off-street parking spaces A B C D E F 0 8.0 8.0 12.0 23.0 28.0 ' A 45 9.0 19.5 13.0 12.7 52.0 g 50 9.0 20.0 14.0 11.7 54.0 ~ F [~ 60 9.0 20.5 18.0 10.4 59.0 . :-r 70 9.0 20.0 19.0 9.6 59.0 C 80 9.0 19.5 24.0 9.1 63.0 E 90 9.0 18.0 24.0 9.0 60.0 A PARKING ANGLE (DEGREES) B STALL WIDTH (FEET) C STALL TO CURB (FEET) D AISLE WIDTH (FEET) E CURB LENGTH (FEET) F M1N. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET) *********** I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. Section 20. Article 3, Development Standards, Section 3-1502.C.3, Property maintenance standards, is amended as follows: 3. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged or broken windows shall be promptly restored, repaired or replaced. All awnings, screens or canopies facing or visible from the public right-of-way or any 15 Ordinance No. 7449-05 other parcel shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. Section 21. Article 3, Development Standards, Section 3-1503.8.5, Nuisances, is amended as follows: 5. Accumulation and placement of nuisances. a. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation or hazardous swimming pods, or hazardous trees upon any rip vate property, or on any public property without authorization to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood- destroying insects, or otherwise threatens the public health, safety or welfare. b. The placement of trash, debris or other items on public property without auth~ri~ati~n_ Section 22. Article 3, Development Standards, Section 3-1503.8.6, Nuisances, is amended as follows: 6. Except as provided in section 3-1506, the outdoor storage of all or part of any dismantled, partially dismantled, inoperative or discarded vehicle, recreational vehicle, machinery, appliance, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or scrap metal, on any public or private property, or of any abandoned vehicle, recreational vehicle, farm equipment, aircraft, boat, personal watercraft, trailer, truck, or motorcycle on any private property, within the city limits. This provision shall not apply to any vehicle, recreational vehicle, machinery, farm equipment, aircraft, construction equipment, boat, personal-watercraft, trailer, truck, motorcycle, or bicycle which is located on the premises of a lawfully established storage yard or which is on the premises of a lawfully established vehicle service establishment and is in the process of repair or maintenance by that establishment. Section 23. Article 3, Development Standards, Section 3-1503.6.8, Nuisances, is amended as follows: 8. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the City in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds, shrubs, vegetation, trash, or any other accumulation extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way or private accessway or roadway by more than four inches. 16 Ordinance No. 7449-05 • Section 24. Article 3, Development Standards, Section 3-1506, Exceptions, is amended as follows: The provisions of section 3-150x3, relating to weeds, undergrowth or similar plant material shall not apply to the following: *********** Section 25. Article 3, Development Standards, Section 3-1508.D.6, Noise, is amended as follows: 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are lawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; Section 26. Article 3, Development Standards, Section 3-2103.B, Standards, is amended as follows: B. The following additional requirements shall apply for specified temporary uses: *********** 4. Seasonal sales. A 1000 foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal business. The 1000 feet shall be measured from property line to property line. Section 27. Article 4, Development Review and Other Procedures, Section 4-202.A.9.f, Applications for development approval, is amended as follows: f. A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. Section 28. Article 4, Development Review and Other Procedures, Section 4-202.A.11, Applications for development approval, is amended as follows: *********** z. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. 17 Ordinance No. 7449-05 Section 29. Article 4, Development Review and Other Procedures, Section 4-202.A.12, Applications for development approval, is amended as follows: *********** Section 30. Article 4, Development Review and Other Procedures, Section 4-202.C.1 Applications for development approval, is amended as follows: 1. Determination of completeness. Within seven working days after ~ese~pt the published application deadline, the community development coordinator shall determine whether an application is complete. Section 31. Article 4, Development Review and Other Procedures, Section 4-206.C.3, Notices and public hearings, is amended as follows: 3. , #ea~ag-Where an advertising requirement is set forth. in Florida Statutes, notices shall be provided in accordance with that reauirement. Where no advertising requirement is set forth in Florida Statutes, all ~egeire~ notices shall be provided at least x-510 but not more than 45 days in advance of the public hearing. Section 32. Article 4, Development Review and Other Procedures, Section 4-206.E, Notices and public hearings, is amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place - ; in this case, the date, time and place of the rescheduled hearing must be announced prior to or at the conclusion of the advertised hearing. ~k-e-si#~ster~ {~} Additional notice shall not be required for hearings which have action deferred in this manner for a period of 45 days or less. Renotification for any subsequently scheduled public hearing dates shall be required for hearings which have action deferred for a period of more than 45 days, in accordance with the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearing may also be continued to a date uncertain; in this case, renotification for any subsequently scheduled public hearing dates shall be required in accordance with the requirements contained in Section 4-206C. 18 Ordinance No. 7449-05 s • Section 33. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within eae-~1~ two 2 years of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity. after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 34. Article 4, Development Review and Other Procedures, Section 4-604.B.2, Annexation, is amended as follows: 2. If development is to be initiated prior to the effective date of the annexation then requisite site plans, plats, and engineering plans shall be submitted together with the petition or agreement to annex. 19 Ordinance No. 7449-05 ~ ~ Section 35. Article 4, Development Review and Other Procedures, Section 4-1202.A Removal permit -Application, is amended as follows: ********** A. Requirements for multi-family and all non-residential properties, and subdivisions. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all trees four inches DBH and greater specifying the size, canopy, and condition of such trees. ~. 3. A tree preservation plan A~lar~ is prepared by a certified arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture-specifying how each tree is to be protected and how site development impacts the critical root zones (drip lines) and how to address these impacts, i.e. crown elevating, root pruning and/or root aeration systems. The tree preservation plan must show the tree barricade limits (2/3 of the drip line and in the root prune lines, if any), and the tree barricade detail and other pertinent tree preservation information. 4. A topographical survey of the property, if the change in elevation of the grade is greater than five feet or if the property is one acre or more in area. 4. 5. Justification of tree removal. Section 36. Article 4, Development Review and Other Procedures, Section 4-1402.5 Allocated development rights are freely transferable, is amended as follows: 20 Ordinance No. 7449-05 5. For parcels located within an area designated Central Business District (CDB) 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 clan area or special area plan district from within the plan area or district in which the site is located. 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. b: 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. c. 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. d. 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. ********** Section 37. Article 8. Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: 21 Ordinance No. 7449-05 • Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than ~ 42 inches over the maximum height specified for the zoning district in which the building is located. (5) Structures permanently affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum allowable height. ********** Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by eee-pe~se~ two or greep-e# more persons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals. ********** 22 Ordinance No. 7449-05 Section 38. Article 2. Minimum Off-Street Parking for Attached Dwellings, is revised by amending Table 2-104. "LDR" District Flexible Development Standards, Table 2-203. "LMDR" District Flexible Standard Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303. "MDR" District Flexible Standard Development, Table 2-304. "MDR" District Flexible Development, Table 4-402. "MHDR" Minimum Standard Development, Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR" Flexible Development, Table 2-502. "HDR" Minimum Standard Development, Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible Development Standards, Table 2-802. "T" District Flexible Standard Development Standards, and Table 2-803. "T" Flexible Development Standards by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2 per unit for Attached Dwellings. ********** Section 39. Appendix A. Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations, (2) Fee schedule, is amended as follows: ********** ~e~rifisatien- le~,r-peg-lefter ..... 1a-A8 8- 7. Project research, per hour (not to exceed eight hours without commission approval) .....26.00 Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII. Land Development, (1) Level One, is amended as follows: ********** (h) Temporary use permit for seasonal sales..... 250.00 Section 41. Amendments to the Land 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 42. 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. 23 Ordinance No. 7449-05 • ! Section 43. 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 44. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 45. 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 Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 24 Ordinance No. 7449-05 r ~M_~ ~ Reynolds, Mike '' From: Clayton, Gina Sent: Tuesday, March 14, 2006 8:14 AM To: Reynolds, Mike Subject: FW: Parking Standards Mike -here is some research we used in changing the parking space size in Code 1. You may want to add to the file. -----Original Message----- From: Ready, Cky Sent: Monday, August 15, 2005 12:51 PM To: Clayton, Gina Subject: Parking Standards Gina, If there is anything else that you need for this just let me know. Parking Standards.doc Cky Ready Planner II City of Clearwater 727-562-4553 ~A • Reynolds, Mike From: Brown, Steven Sent: Wednesday, December 14, 2005 9:33 AM To: Reynolds, Mike Subject: FW: Beach by Design I have asked Gina for a copy of the finding by PPC so that we can begin work on the amendment to the amendment that will be necessary. I have also asked her whether we will need a new Ordinance, or whether this can be language that is read into the record at the time of the adoption of the other amendments. I will need you to prepare this when we get clarification on this. Thanks Steven -----Original Message----- From: Clayton, Gina Sent: Wednesday, December 14, 2005 8:13 AM To: Brown, Steven Subject: Beach by Design As discussed yesterday, we need to be prepared to tell the CDB that we will be bring back an amendment to the pending BBD amendment to incorporate specific provisions regarding TDRs to deal with an inconsistency finding by the PPC with our code amendments. We will need to make these amendments and get them advertised in City Council's version of the ordinance, which is scheduled for 1st reading at the Jan. 19th meeting. We need to let the Clerk's office (Sue Diana) and Legal (Gwen Hollander) know what we are doing. Could you please coordinate to let them know so they will be prepared. Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater gina.clnyton@myclearwnter.com 727-562-4587 Reynolds, Mike From: Reynolds, Mike Sent: Wednesday, March 15, 2006 9:41 AM To: Call, Rosemarie Cc: Brown, Steven; Clayton, Gina; Delk, Michael; Pullin, Sharon Subject: Community Development Code Supplements Rosemarie, Can you confirm the last supplement number (Community Development Code)? Have you received a Municipal Code Corporation supplement for Ordinance No. 7413-05? Ordinance Number 7449-05 was passed by the City Council in December 2005. Can you tell me when we will receive the Municipal Code Corporation supplement for that ordinance? Thank you for your assistance. Mike Reynolds Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com ~o ~~ ~_ ~ ~---- ~„~ --- - ~ ~ / ~ ~ 6,~ _/~%a ~,! Sri :~ _ _ Code Tracks Ord. # Enacted Name 7605-06 04-20-06 Code 2 7489-OS 10-06-OS Public Art 7449-OS 12-15-OS Code 1 7576-06 02-02-06 Old Florida District 7630-06 Code 2.5 Supplement 14 15 /~ ~'~c f/~r ~ ,(f Z Z .~ ~ ~ ~~ ~ ~ ~"~ ~ 4~~ ~. ~ ~ 4c./TY Op/'c- v~~ ~-',Gi ~ pv1!`?~!G.~ ~/ </'~ iii ®-jam ~ a.,= d. ,~ ~`~v,0~~ ~//~ C_~ ~ l sz/TS /~iG/G / ._... ,,~ ~~ ~L~ a ~ ~~ ORDINANCE NO. 7449-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS SURFACE RATIO; -AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A, ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504. F, RESIDENTIAL INFILL PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT, OFFICES, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A PERMITTED USE, AND AMENDING DIMENSIONAL REQUIREMENTS FOR OFFICES AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, MINIMUM STANDARD DEVELOPMENT, BY ADDING ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD DEVELOPMENT, BY REVISING OUTDOOR STORAGE DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303. F, BY REVISING FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN, BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-902, COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING A PROVISION REQUIRING A RECORDED DOCUMENT TO EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING, Ordinance No. 7449-05 /~ ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND SUBMERGED LAND; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, NEW SECTION 3-919, AFFORDABLE HOUSING PARKING REQUIREMENTS, BY REDUCING THE REQUIRED PARKING PER UNIT; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS FOR PARKING LOTS AND PROVIDING STANDARDS FOR PARKING GARAGES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502.C.3, PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED WINDOW FEATURES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY REVISING AND CLARIFYING PROVISIONS RELATED TO ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS, SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506, EXCEPTIONS, BY CORRECTING A CODE SECTION REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103.8, BY ADDING A PROVISION RESTRICTING THE LOCATION OF SEASONAL SALES TO PERMANENT BUSINESSES SELLING THE SAME PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY CLARIFYING TREE SURVEY AND TREE INVENTORY REQUIREMENTS, AND CLARIFYING THE COMPLETENESS DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206. E, AMENDING THE NOTICE REQUIREMENT FOR CONTINUANCES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY CHANGING THE TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4, 2 Ordinance No. 7449-05 DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-604.8.2, ANNEXATION, TO REFERENCE ANY NEW CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE PRESERVATION PLAN REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20% LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT ACCOMMODATIONS ON CLEARWATER BEACH; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, BY REVISING THE DEFINITIONS OF HEIGHT AND. MEDICAL CLINIC; AND AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303, 304,402,403,502,503,504,802, AND 803 TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR ATTACHED DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT FEE; 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, 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 al'I 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. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended as follows: 3 Ordinance No. 7449-05 *********** The following uses are Level One permitted uses in the LDR District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-102. "LDR" District Minimum Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Community 10,000 100 25 1045 20 ~5 30 2/unit Residential Homes (6 or fewer. residents Detached 20,000 100 25 1045 20 2~ 30 2/unit Dwellin s *********** Section 2. Article 2, Zoning Districts, Low Density Residential District ("LDR"), Section 2-102, Minimum standard development, is amended by amending the illustrative graphic for the Low Density Residential District is amended by revising the side yard setback for detached dwellings and accessory structures from 15 feet to 10 feet. Section 3. District ("LMDR"), as follows: Article 2, Zoning Districts, Low Medium Density Residential Section 2-201.1, Maximum development potential, is amended *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwellin units er acre FAR .40 :59/ISR .65 :60 Residential Urban 7.5 dwelling units per FAR .40/ISR.65 acre *********** Section 4. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended as follows: *********** The following uses are Level One permitted uses in the LMDR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 4 Ordinance No. 7449-05 Table 2-202. "LMDR" District Minimum Standard Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Community 5,000 50 25 5 1045 30 2/unit Residential Homes (up to 6 residents Detached 5,000 50 25 5 1045 30 2/unit Dwellin s *********** Section 5. Article 2, Zoning Districts, Low Medium Density Residential District ("LMDR"), Section 2-202, Minimum standard development, Detached dwellings, is amended by amending the illustrative diagram for the Low Medium Density Residential District by revising the rear yard setback for detached dwellings (single family) and accessory structures from 15 feet to 10 feet. Section 6. Article 2, Zoning Districts, Medium Density Residential District ("MDR"), Section 2-301.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface 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 15 dwelling units ger FAR .50/ISR .75 General acre *********** Section 7. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is amended as follows: *********** 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; Ordinance No. 7449-05 b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. c. The height may exceed 80 feet if the parcel proposed for development fronts on Clearwater Bay, Old Tampa Bav. or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. *********** Section 8. Article 2, Zoning Districts, High Density Residential District ("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is amended as follows: Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Building height, may only exceed 80 feet, however, if the parcel proposed for development fronts on Clearwater Bays Old Tampa Bav, or is only separated from Clearwater Bay or Old Tampa Bav by a public open space. Section 9. Article 2, Zoning Districts, Commercial District (`C"), Section 2-703, Flexible standard development, is amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-703. "C" District Flexible Standard Develo ment Standard Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft.) (ft.)' Parking S aces Accessory n/a n/a n/a n/a n/a n/a 1 space per Dwellin s unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic 10,000 100 25 25 10 20 5 per 1,000 Beverage GFA Sales Automobile 10,000 100 25 25 10 20 5/1,000 SF Service GFA Stations Educational 40,000 200 25 25 10 20 1 per 2 Facilities students Governmental 10,000 100 25--50 25 10 20 4 spaces per Uses 1 1,000 GFA 6 Ordinance No. 7449-05 Indoor a-9;888 4~ 25 25 10 20 3--5/1000 SF Recreation/En 5.000-10,000 50--100 GFA or 3- -tertainment 5/lane, 1- 2/court or 1/machine Medical 10,000 100 25 25 10 20 2-3/1,000 Clinics GFA Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 48;888 488 25--50 25 0-10 10-20 3--4 spaces 5 000-10 000 50--100 er 1,000 GFA Off-Street 10,000 100 n/a 25 10 20 n/a Parkin Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000 Sales, Display of land area and/or Stora e Overnight 20,000- 150--200 25-50 25 0-10 10-20 1 per unit Accommodati 40,000 ons Places of 20,000- 100--200 25-50 25 10 20 .5-1 per 2 Worshi 2 40,000 seats Public n/a n/a 10 n/a n/a n/a n/a Transportation Facilities 3 Restaurants 5,000-10,000 50--100 25--35 25 0-10 10-20 7--15 spaces er 1,000 GFA Retail Sales 3588-48;898 35--488 25-35 25 0--10 10--20 4-5 spaces and Services 5 000-10 000 50--100 er 1,000 GFA Social and 3,500-10,000 35--100 25-35 25 0-10 10-20 4--5 spaces Community per 1,000 GFA Centers Utility/Infrastru n/a n/a 20 25 10 20 n/a cture Facilities 4 Vehicle 20,000- 150-200 25 25 10 20 2.5 spaces per Sales/Displays 40,000 1,000 of lot sales area Veterinary 10,000 100 25 25 10 20 4 spaces per Offices or 1,000 GFA Animal Grooming and Boardin *********** Section 10. Article 2, Zoning Districts, Section 2-704, Commercial District (`C"), Flexible development, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. ~ Ordinance No. 7449-05 Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000--10,000 50--100 25 15--25 0--10 10-20 5 per 1,000 Beverage GFA Sales Comprehensiv n/a - n/a n/a n/a n/a n/a Determined by e Infll the community Redevelopme development nt Project(1) coordinator based on the specific use and/or ITE Manual standards Indoor 3,500--10,000 30-100 25--50 15--25 0--10 10-20 3-5/1000 SF Recreation/En GFA or 3- -tertainment 5/lane. 1-- 2/court or 1 /machine Light 5,000-10,000 50-100 25 15-25 0-10 10-20 4-5 spaces Assembl er 1,000 GFA Limited 5,000-10,000 50-100 25 15-25 0-10 10-20 4-5 spaces Vehicle per 1,000 GFA Service Marina 5,000-20,000 50 25 25 10 20 1 space per 2 Facilities sli s Mixed Use 5,000--10,000 50--100 25--50 15--25 0-10 10--20 4-5 spaces er 1,000 GFA Nightclubs 5,000-10,000 50-100 25 15-25 0-10 10-20 10 per 1,000 GFA Offices S;AAA-49;AA9 59--~89 25-50 15-25 0-10 10--20 3-4 spaces 3 500--10 000 30-100 er 1,000 GFA Off-Street 10,000 100 n/a 15--25 0--10 10--20 n/a Parkin Outdoor 20,000 100 25 15--25 10 10-20 1-10 per Recreation/En 1,000 SQ FT tertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100-200 25--50 15--25 0-10 10-20 1 per unit Accommodati 40,000 ons Problematic 5,000 50 25 15--25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500--10,000 35-100 25--50 15--25 0--10 10--20 7-15 spaces er 1,000 GFA Retail Sales ~9A8--a-~A88 5A--1~ 25-50 15-25 0-10 10-20 4-5 spaces and Services 3 500--10 000 30--100 er 1,000 GFA RV Parks 40,000 200 25 15--25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units plus 2 for manager's office Ordinance No. 7449-05 Social/Public 5,000-10,000 50-100 25--50 15-25 0--10 10--20 3--4 spaces Service per 1,000 GFA A encies 2 Telecommunic 10,000 100 Refer to 25 10 20 n/a ation Towers section 3-2001 Vehicle 10,000- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-10,000 50--100 25 15-25 0-10 10--20 4 spaces per Offices or 1,000 GFA Grooming and Boardin (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. (2) Social/public service agencies shall not exceed five acres. *********** *********** Section 11. Article 2, Zoning Districts, Office District ("O"), Section 2- 1004.F, Offices, is amended as follows: *********** 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. Sign_ - No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. 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. 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/®r rear setback does not prevent access to the rear of any building for emergency access; 9 Ordinance No. 7449-05 b. The' reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. *********** Section 12. Article 2, Zoning districts, Industrial, Research and Technology District ("IRT"), Section 2-1302, Minimum standard development, is amended 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 Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front Side/ Rear Accessory 5,000 50 20 15 50 1/unit Dwellin s Governmental 20,000 200 20 15 50 3/1,000 SF GFA Uses 1 Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and n/a n/a 25 10/20 50 1 per 20,000 SF Recreation land area or as Facilities determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office TV/Radio 20,000 200 20 15 50 4/1000 SF GFA Studios Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF bution/ GFA Warehouse Facili 10 Ordinance No. 7449-05 (1) 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 4, 4-5-01) *********** 2) Outdoor storaae within the reauired front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than thirty (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 (6) feet in height. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of- way. Section 13. Article 2, Zoning Districts, Industrial, Research and Technology District ("IRT"), Section 2-1303, Flexible standard development, is amended as follows: Section 2-1303. Flexible standard development. Table 2-1303. "IRT" 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 Develo ment Uses Min. Lot Area s . ft. Min. Lot Width ft. Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parkin Front" Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 11 Ordinance No. 7449-05 Outdoor 40,000 200 20 15 30 1-10/1,000 SF Recreation/Enter Land Area or as tainment determined by the community development coordinator based on ITE Manual standards Outdoor Storage Assessed x~/a 20 15 30 Assessed 10 000 100 3/1 000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1-2 per 1,000 I GFA Public n/a n/a n/a n/a 10 ~ n/a Transportation Facilities 1 Research and 10,000 100 20 15 50 2/1,000 SF GFA Technolo Residential 5,000 50 20 15 30 3/1,000 SF GFA Shelters 2 Retail Sales and n/a n/a n/a n/a n/a n/a Services Restaurants n/a n/a n/a n/a n/a n/a Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mans er's office TV/Radio 10,000 100 20 15 50 4/1000 SF GFA Studios Utility/Infrastruct n/a n/a 20 15 n/a n/a ure Facilities 3 Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot Sales/Displays Sales Area and Major Vehicle Sales/Displays 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary 10,000 100 20 15 30 5/1,000 SF GFA Offices or Animal Groomin Wholesale/Distri 10,000 100 20 15 50 1.5/1,000 SF bution/Warehous GFA e Facilit Section 14. Article 2, Zoning Districts; Section 2-1303.F, Flexible Standard development, is amended as follows: Outdoor storage. 12 Ordinance No. 7449-05 1. Outdoor storage within the required front yard setback shall be prohibited. 2. All outdoor storage areas shall be completely screened from view from all adjacent residential zoned properties and/or public rights- of-way by a solid wall/fence six (6) feet in height. 3. Items stored within outdoor storage areas shall not exceed six (6) feet in height and/or shall not be otherwise visible from adjacent residentially zoned ~property and/or public rights-of-way. *********** Section 15. Article 3, Development Standards, Section 3-502., Downtown, is amended as follows: *********** A. The dDesign Guidelines for development in the Clearwater Downtown Ois#~iEt Redevelopment Plan, as adopted on February 4, 2004 and as subsequently amended, are hereby incorporated by reference. The Design Guidelines apply to all properties within the Clearwater Downtown Redevelopment Plan Area regardless of Zoning District. *********** Section 16. Article 3, Development Standards, Section 3-902, Comprehensive plan densities/intensities, is amended as follows: *********** D. Any project utilizing density/intensity averaginq shall require written evidence of the averaginq in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same shall be filed with the City and with Pinellas Planning Council (PPC). ~. E. When calculating the lot area and/or density/intensity of a property, the total of either number shall not be rounded up to the next whole-number. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 47, 5-2-02) F. Mixed Use. A mixed use determination will allow for nonresidential and residential land use to occur on the same lot. An application for a mixed use development shall state the nonresidential Gross Floor Area (GFA) and the number of proposed residential dwelling units. The application shall also provide the land area needed to support each land use based on the Future Land Use 13 Ordinance No. 7449-05 Plan classification. The combined land area needed to support the residential and nonresidential land use components shall not exceed the total existing land area. G. Submerged Lands. The area of submerged lands cannot be used in calculating allowable density. Section 17. Article 3, Development Standards, is amended as follows: DIVISION 9. GENERAL APPLICABILITY STANDARDS Section 3-919. Affordable housing parking requirements. The minimum off-street parking requirement for affordable housing units, as defined by the City of Clearwater Economic Development & Housing Department, may be reduced to one (1) parking space per unit in any zoning district where residential uses are permitted. Section 18. Article 3, Development Standards, Section 3-1102.A.10, Standards, is amended as follows: 10. No home occupation shall involve the provision of day care services to more than fetes five children at any one time or as otherwise permitted by Florida Statutes. Section 19. Article 3, Development Standards, Section 3-1402. Design standards for parking lots and parking garages: *********** A. *********** Remove existing graphic and replace with the following graphic. 14 Ordinance No. 7449-05 Off-street parking spaces A B C D E F 0 8.0 8.0 12.0 23.0 28.0 A 45 9.0 19.5 13.0 12.7 52.0 B 50 9.0 20.0 14.0 11.7 54.0 F D' ; 60 9.0 20.5 18.0 10.4 59.0 70 9.0 20.0 19.0 9.6 59.0 ~ C, 80 9.0 19.5 24.0 9.1 63.0 E 90 9.0 18.0 24.0 9.0 60.0 A PARKING ANGLE (DEGREES) B STALL WIDTH (FEET) C STALL TO CURB (FEET) D AISLE WIDTH (FEET) E CURB LENGTH (FEET) F MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET) *********** I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. Section 20. Article 3, Development Standards, Section 3-1502.C.3, Property maintenance standards, is amended as follows: 3. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged or broken windows shall be promptly restored, repaired or replaced. All awnings, screens or canopies facing or visible from the public right-of-way or any 15 Ordinance No. 7449-05 other parcel shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. Section 21. Article 3, Development Standards, Section 3-1503.6.5, Nuisances, is amended as follows: 5. Accumulation and placement of nuisances. a. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of vegetation, or undergrowth of dead or living vegetation or hazardous swimming pools, or hazardous trees upon any rip vate property, or on any public property without authorization to the extent and manner that such property contains or is likely to contain rodents, reptiles or other vermin, or furnishes a breeding place for flies, mosquitoes, or wood- destroying insects, or otherwise threatens the public health, safety or welfare. b. The placement of trash, debris or other items on public property without authorization. Section 22. Article 3, Development Standards, Section 3-1503.6.6, Nuisances, is amended as follows: 6. Except as provided in section 3-1506, the outdoor storage of all or part of any dismantled, partially dismantled, inoperative or discarded vehicle, recreational vehicle, machinery, appliance, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or scrap metal, on any public or private property, or of any abandoned vehicle, recreational vehicle, farm equipment, aircraft, boat, personal watercraft, trailer, truck, or motorcycle on any private property, within the city limits. This provision shall not apply to any vehicle, recreational vehicle, machinery, farm equipment, aircraft, construction equipment, boat, personal watercraft, trailer, truck, motorcycle, or bicycle which is located on the premises of a lawfully established storage yard or which is on the premises of a lawfully established vehicle service establishment and is in the process of repair or maintenance by that establishment. Section 23. Article 3, Development Standards, Section 3-1503.6.8, Nuisances, is amended as follows: 8. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the City in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds, shrubs, vegetation, trash, or any other accumulation extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way or private accessway or roadway by more than four inches. 16 Ordinance No. 7449-05 Section 24. Article 3, Development Standards, Section 3-1506, Exceptions, is amended as follows: The provisions of section 3-150x3, relating to weeds, undergrowth or similar plant material shall not apply to the following: *********** Section 25. Article 3, Development Standards, Section 3-1508.D.6, Noise, is amended as follows: 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are ilawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; Section 26. Article 3, Development Standards, Section 3-2103.B, Standards, is amended as follows: B. The following additional requirements shall apply for specified temporary uses: *********** 4. Seasonal sales. A 1000 foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal business. The 1000 feet shall be measured from property line to property line. Section 27. Article 4, Development Review and Other Procedures, Section 4-202.A.9.f, Applications for development approval, is amended as follows: f. A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. Section 28. Article 4, Development Review and Other Procedures, Section 4-202.A.11, Applications for development approval, is amended as follows: *********** z. Tree inventory, prepared by a certified arborist, of .all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. 17 Ordinance No. 7449-05 Section 29. Article 4, Development Review and Other Procedures, Section 4-202.A.12, Applications for development approval, is amended as follows: *********** e~ Section 30. Article 4, Development Review and Other Procedures, Section 4-202.C.1 Applications for development approval, is amended as follows: 1. Determination of completeness. Within seven working days after ~ese~~ the published application deadline, the community development coordinator shall determine whether an application is complete. Section 31. Article 4, Development Review and Other Procedures, Section 4-206.C.3, Notices and public hearings, is amended as follows: 3. , ~iea~+ag-Where an advertising requirement is set forth in Florida Statutes, notices shall be provided in accordance with that reauirement. Where no advertising requirement is set forth in Florida Statutes, all ~e~e~ notices shall be provided at least 4510 but not more than 45 days in advance of the public hearing. Section 32. Article 4, Development Review and Other Procedures, Section 4-206. E, Notices and public hearings, is amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place- ; in this case, the date, time and place of the rescheduled hearing must be announced prior to or at the conclusion of the advertised hearing. {~} Additional notice shall not be required for hearings which have action deferred in this manner for a period of 45 days or less. Renotification for any subsequently scheduled public hearing dates shall be required for hearings which have action deferred for a period of more than 45 days, in accordance with the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearing may also be continued to a date uncertain; in this case, renotification for any subsequently scheduled public hearing dates shall be required in accordance with the requirements contained in Section 4-206C. 18 Ordinance No. 7449-05 Section 33. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within eRe~-(~} two 2 years of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 34. Article 4, Development Review and Other Procedures, Section 4-604.6.2, Annexation, is amended as follows: 2. If development is to be initiated prior to the effective date of the annexation then requisite site plans, plats, and engineering plans shall be submitted together with the petition or agreement to annex. 19 Ordinance No. 7449-05 Section 35. Article 4, Development Review and Other Procedures, Section 4-1202.A Removal permit -Application, is amended as follows: ********** A. Requirements for multi-family and all non-residential properties, and subdivisions. 1. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all trees four inches DBH and greater specifying the size, canopy, and condition of such trees. ~. 3. A tree preservation plan A~r~ is prepared by a certified arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture-specifying how each tree is to be protected and how site development impacts the critical root zones (drip lines) and how to address these impacts, i.e. crown elevating, root pruning and/or root aeration systems. The tree preservation plan must show the tree barricade limits (2/3 of the drip line and in the root prune lines, if any). and the tree barricade detail and other pertinent tree preservation information. 4. A topographical survey of the property, if the change in elevation of the grade is greater than five feet or if the property is one acre or more in area. 5. Justification of tree removal. Section 36. Article 4, Development Review and Other Procedures, Section 4-1402.5 Allocated development rights are freely transferable, is amended as follows: 20 Ordinance No. 7449-05 5. For parcels located within an area designated Central Business District (CDB) 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 area plan district from within the plan area or district in which the site is located. 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. b. 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. 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 avernight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. d. 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. ********** Section 37. Article 8. Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: 21 Ordinance No. 7449-05 Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than ~ 42 inches over the maximum height specified for the zoning district in which the building is located. (5) Structures permanently affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum allowable height. ********** Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by eqe-~e~ser~ two or g~e~-ef more persons practicing any health services to individuals, whether such persons be medical doctors, chiropractors, psychologists, social workers, physical therapists, dentists or any such profession, the practice of which is lawful in the state and in the city. This definition does not include a place for the treatment of animals. ********** 22 Ordinance No. 7449-05 Section 38. Article 2. Minimum Off-Street Parking for Attached Dwellings, is revised by amending Table 2-104. "LDR" District Flexible Development Standards, Table 2-203. "LMDR" District Flexible Standard Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303. "MDR" District Flexible Standard Development, Table 2-304. "MDR" District Flexible Development, Table 4-402. "MHDR" Minimum Standard Development, Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR" Flexible Development, Table 2-502. "HDR" Minimum Standard Development, Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible Development Standards, Table 2-802. "T" District Flexible Standard Development Standards, and Table 2-803. "T" Flexible Development Standards by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2 per unit for Attached Dwellings. ********** Section 39. Appendix A. Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations, (2) Fee schedule, is amended as follows: ********** i . 7~ninrY vcrifin~~inn to#or ner 10+4 1~w 7. Project research, per hour (not to exceed eight hours without commission approval) .....26.00 Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII. Land Development, (1) Level One, is amended as follows: ********** Temporary use permit for seasonal sales..... 250.00 Section 41. Amendments to the Land 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 42. 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. 23 Ordinance No. 7449-05 a Section 43. 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 44. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 45. 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 Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 24 Ordinance No. 7449-05 ~~ Code Errors: 1. Section 2-102. (LDR) Diagram CD2:8 -Rear setback for Detached Dwelling should state " 20" r tT I~~1'~aH~ ~~IVELI~~ ,~~~ E ~~~ ~~~~ ~TRt1CT~R 5E~1~~~fi: ~E~R ~T~~,~K I MAX. o~a~~~i 3C DET~ft~ C~W~~:L~N ~~~~~ .F. 2. Section 2-202. (LMDR) Diagram CD2:13 -Rear setback for Community Residential Home should state "10" Y ~ LC~T !`~° F~~~ !}+ ~/°~f GRH 15 SETBACK: REAR BEET ACCESSORY 1 STRUCTURES ~~~.~ SETBACK: REAR ~.: ~F~c~ ~ ~T~A~~~ R~~C~ ~E E?~C~~'1' ~+/.~'~~FR~~ t~~ ~~~~~~~c~~zv ~~r~~u~~c ~~ __, .~ ,••, ~7 ~' ~ ~ ~~ '~• e ~~ ~y~ + • ~_ ~ jf~~ ~6/'~ t~V; ,('y ~/~''~,I J[°(4 ~gf~'y{ ~ tj s,+~Y'/~ rp 8, s ~i la.N"~./~M~'4.f i'4~ ~*^~M1~ .l'j{l.f{~'Sy~°+J ['/~'.'e~j~l~/ry ~il3j~~ .....,....,. .~".. ...,. ' "°r.."'_ + ~ ~~• k,~ ~~' `~~ y f ~~~ ~~ 3. Section 3-1202.E.1. (Landscape/Tree Protection) Table CD3:41 -Bottom Row should have a "<" not a ">" This copy is from www.municode.com. It shows the correct sign. The copies we received are wrong. TABLE INSET: Paved Vehicular Use Area (sq. ft.) Required Interior Island (sq. ft.) Size (sq. ft.) of Interior Island Dimension of Interior Island Required Trees/Plants in Interior Islands a. 10% of gross vehicular 1 Tree/island min. use area or 12% of gross (unless existing trees vehicular area if parking are being preserved spaces are greater than or to meet interior tree equal to 110% of required requirement) parking shall be provided 150 sq. ft. 8' greenspace 1 Tree/150 square > 4 000 in an island. minimum from back of feet of required , b. Interior islands shall be curb to back of greenspace designed so that in most curb Shrubs: 50% cases no more than 10 required greenspace parking spaces are Groundcover shall be provided in a row; staff utilized for required may permit flexibility up greenspace in lieu of to 15 spaces in a row. turf < ,000 NONE REQUIRED 4. Section 8-102. (Definitions) Height -The graphic of "height " is on sheet CD8:16 instead of CD8:15 This is a copy from www.municode.com. The "graphic link" has been moved to "highest adjacent grade." The link should be "height, building or structure." They created a new link. They should have stayed with the same graphic link. Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles located on top of buildingsshall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than 42 inches over the maximum height specified for thezoning district in which the building is located. (5) Structures permanently affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum allowable height. Highest adjacent grade means the highest natural elevation of the ground surface rior to construction, next to the proposed walls of a structure. RAPHIC LI ighest adiacent grade Poor editing choices: 1. Section 2-1202. (I) Minimum use matrix CD2:98.1 -Combine the minimum standard use matrices. There is no reason for them to be divided. I can't make a copy of this. It is shown properly on www.municode.com. § 3-1102 COMMUNITY DEVELOPMENT CODE Section 3-1102. Standards. for travel from the home occupation-site to a job location and to return, such trips A. All home occupations shall conform to the not to exceed on the average more than following standazds: two trips per day. 1. No sale of or trading in merchandise which involves on-premise visits by customers shall be carried on from the property where the home occupation is located. 2. No persons other than family members residing within the dwelling unit shall be engaged in the occupation, unless the occupation is a service conducted away from the premises of the applicant, in which case additional employees may be engaged in the occupation provided such employees meet at the site where the service is conducted and not at the home where the occupation is licensed. 3. No internal change in the structural form of the building shall be necessary to ac- commodatethe home occupation. The floor azea used by the home occupation shall not exceed 25 percent of the gross floor azea of the dwelling; all material, equip- ment or facilities shall be kept therein, except that materials, equipment or sup- plies used in the home occupation other than on the premises may be stored in a totally enclosed motor vehicle which com- plies with the terms of Article 3, Division 14. 4. No occupation shall be conducted outside the dwelling unit or in any accessory building except as such occupation may be conducted from or dependent upon the utilization of a motor vehicle. If a motor vehicle is used in conjunction with the home occupation, it shall be parked or stored consistent with all terms contained in Article 3, Division 14. 5. Traffic generated by the home occupation shall be no greater in volume than would normally be expected at a similar resi- dence where no home occupation is con- ducted. 6. The occupation shall not involve the use of a commercial vehicle for delivery of materials to or from the premises except 7. No mazked vehicle or equipment used in conjunction with the home occupation shall be pazked on the property or contiguous to the street right-of--way so as to identify, advertise or otherwise attract attention to the occupation. 8. No occupation shall be conducted or equip- ment or process associated with such oc- cupation used which creates noise, vibra- tion, glare, fumes, odors, dust, smoke or electrical interference detectable to the normal senses at the lot line or beyond the lot line if the occupation is conducted in a detached dwelling, or beyond the exterior or any common walls in an attached dwell- ing. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interfer- ence in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 9. No display of products, operations, signs or nameplates shall be visible from out- side the dwelling. 10. No home occupation shall involve the pro- vision of day care services to more than five children at any one time or as other- wise permitted by Florida Statutes. (Ord. No. 7449-05, § 18, 12-15-05) DIVISION 12. LANDSCAPING/TREE PROTECTION Section 3-1201. Purpose. It is the purpose of this division to establish minimum landscaping/tree protection standazds in order to promote the preservation of existing tree canopies, to promote the expansion of that canopy and to promote the enhancement of the quality of existing and future development in the city. Supp. No. 15 CD3:38 DEVELOPMENT STANDARDS Section 3-1202. General landscaping stan- dards. A. Applicability. 1. Ingeneral. All new landscaped areas shall be constructed in accordance with the standazds in this division. 2. New uses. Any landscaped azea serving a new use or a change of use shall satisfy the standazds of this division. 3. Existing developed lots. Existing lots not meeting the requirements contained in this section shall be brought into full compliance under one or more of the fol- lowing conditions: a. If an existing use is improved or remodeled in a value of 25 percent or § 3-1202 more of the valuation of the princi- pal structure as reflected on the prop- erty appraiser's current records. b. If an amendment, other than a mi- nor amendment, is required to an existing approved site plan. c. If a parking lot requires additional landscaping pursuant to the provi- sions of Article 3 Division 14. B. Plant material specifications. Except as pro- vided in subsection (6) below, plant materials which are utilized to satisfy the landscaping re- quired by this development code shall comply with the following minimum standards: 1. Minimum plant material starulards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMEIV7'S Shade Tree 10' hea'eht Florida a. Use of live oak (City tree) is encouraged, 2.5" caal~iiper Grade #1 however species diversity is preferred over monoculture. b. Must be planted a minimum of five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering: Accent Tree 8' height Florida 2 aocent trees = 1 shade tree; unless Overhead 2" caliper Grade #1 Lines are unavoidable; no more than 25% of re- quired trees may be accent trees. Palm Tree 10' cleaz and straight trunk. Florida Can be used to satisfy ?5% of tree requirements Grade #1 on Beach, Sand Key & Island Estates, 25% else- where in the City. Staggered clusters of 3 palm trees = 1 shade, tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. Shrubs A) 18-24" in height when used in a perimeter Florida Use of Hibiscus (City flower) is encouraged for buffer -planted every 36", (measured from the Grade #1 non-required landscape plantings, especaally for center of the shrub) providing a 100% continuous accent marking at entrances and other points of hedge which will be 36", high and 80% opaque 12 high visibility. months frrom the time a certificate of occupancy is received (excluding drives and visibility triangles where applicable) B.) 14-24" in height when used for interior - planted every 30"--36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground Cover 1 gallon minimum - planted a maximum of 24" Florida Encouraged in lieu of turf to reduce irrigation O.C. Grade #1 needs. Turf N/A Drought Turf areas should be consolidated and limited to tolerant areas of pedestrian traffic, recreation and erosion varieties control. 2. Required landscaping that incorporates credit for the use of such materials shall existing trees, in particulaz any native be given against the requirements of this plant material, is strongly. encouraged and division. Supp. No. 15 CD3:39 § 3-1202 4. 5. 6. COMMUNITY DEVELOPMENT CODE Plant materials which are native to Cen- tral Florida and which are recommended in the Plant Guide of the Southwest Flor- ida Water Management District are strongly encouraged. A minimum variety of tree species shall be provided: each species shall provide a minimum of ten percent of the total num- ber of trees. Total No. Minimum No. of Trees of Species 1-9 1 10-19 2 20-29 3 30-49 4 50-over 5 No prohibited trees shall be installed in any required landscaped areas or else- where in the city. The city manager may modify the size specifications of the trees required in this section only if the applicant for develop- ment approval demonstrates to the city manager that such size is not readily available in the market area and that the proposed landscaping treatment is equal to or superior to the landscaping which would have been provided with the larger trees. C. Irrigation. For multifamily and nonresidential prop- erties an automatic permanent irrigation system providing complete water cover- age for all required and other landscaping materials shall be provided and main- Perimeter landscaping requirements: PROPOSED USE ADJACENT USE NON-RESIDENTIAL MULTI FAMILY Single-family 12' min. wide buffer 10' min. wide buffer Single-family 1 Tree135' 1 Tree/35' 100% Shrubs 100% Shrubs (6' within 3 years) (6' within 3 years) 5'min. wide buffer 10' min. wide or 7' min. wide buffer with Nonresidential 1 Tree/35' decorative fence/wall 1009'o Shrubs 1 Tree/35' % Shrubs tained as a fully functioning system in order to preserve the landscaping in a healthy growing condition. 2. If asingle-family dwelling is required to install landscaping and an irrigation sys- tem is not installed to maintain that land- scaping, then a hose bib shall be installed a maximum of 50 feet from the required landscaping. 3. All irrigation systems connected to the public potable water supply system shall include a backflow preventer at the ser- vice connection. 4. All irrigation systems shall be installed so as to minimise spray upon any impervi- ous surface, such as sidewalks and paved areas. 5. All irrigation systems shall include a rain sensor/shut off device to avoid irrigation during periods of sufficient rainfall. 6. Underground irrigation shall not be in- stalled within the driplines of existing trees unless root protection measures are provided_ 7. If available, reclaimed water shall be used for irrigation purposes. D. Perimeter bu})`ers_ Except in the downtown or tourist districts, excluding the Old Florida District where landscaping requirements are de- fined in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors with approved spe- cial plans, landscaping shall be installed in a perimeter buffer in accordance with the stan- dards in this division and the following table: Supp. No. 15 CD3:40 DEVELOPMENT STANDARDS h~ L ~'/j § 3-1202 PROPOSED USE ADJACENT USE NON-RESIDENTIAL MULTI FAMILY Single-family 10' min. wide buffer 10' min. wide buffer Multi Family 1 Tree/35' 1 Tree/35' (= Or > Density) 100 9'o Shrubs I009io Shrubs 12' min. wide buffer 10' min. wide buffer Multi Family (Less Density) 1 Tree135' 2 Tree135' 1009:0 Shrubs 100% Shrubs 15' min. wide buffer 15' min. wide buffer Arterial Or Major Collector 1 Tree/35' 1 TreeJ35' ffight-of-Way 100% Shrubs 10035 Shrubs 10' min. wide buffer 10' min. wide buffer Local/Minor Collector Street 1 Tree/35' 1 Tree/35' Right-of-Way 10035 Shrubs 100% Shrubs 2. Front slopes of stormwater retention ar- eas may comprise up to 50 percent of any required landscape buffer width, provided that the slope is 4:1 or flatter and all required shrub plantings are not more than six inches below the top of the bank and provided that the buffer width is at least five feet in width. 3. Notwithstanding the provisions in subsec- tion (1) above, any parcel of land subject to the provisions of this division, which exceeds one acre in size, shall have a minimum perimeter buffer width of ten feet. ' 2. Foundation plantings shall be provided for 100 percent of a building facade with Supp. No. 15 CD3:41 4. Notwithstanding the provisions in subsec- tion (1) above, the required landscaping materials in a perimeter buffer may be increased if the prescribed landscaping has little buffering value for an adjacent less intensive use due to unusual topo- graphic conditions or where other unique circumstances exist, such as swales, which merit special landscaping treatments. E. Interior landscaping. 1. Minimum interior landscaping stan- daro~~-parking lots: Landscaping for the interior of parking lots shall be provided in accordance with the following table: Paced Yehicudar Use Area (sq. f t.) Required Interior Is- land (sq. ft.) Size (sq. ft.) of Interior Island Dimension of Interior Island Required 7}ees/Plants in Interior Islands > 4,000 a. 109b of gross vehic- 150 sq. ft. m;n;mum 8' greenspace from back of 1 Treefisland min. (unless ulaz use area or 1295 curb to back of curb ezasting trees are being pre- of gross vehicular served to meet interior tree area if pazking spaces requirement) are greater than or 1 Tree/150 square feet of equal to 110% of re- required greenspace quired pazking shall Shrubs: 50% required be provided in an is- greensppace land. Groundcover shall be uti- b. Interior islands lined for required shall be designed so greenspace in lieu of turf that inmost cases no ' more than 10 pazk- ing spaces aze pro- vided in a row; staff may permit fle~bil- ity up to 15 spaces in a row. > 4,000 NONE REQUIRED frontage along a street right-of--way, ex- cluding space necessary for building in- § 3-1202 COMMUNITY DEVELOPMENT CODE gress and egress, within a minimum five- foot wide landscaped area composed of at least two accent trees (or palm equiva- lents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required land- scaped area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. F. Fences and walls. If a fence or wall in the front setback for any use exceeds 36 inches, landscaping shall be provided on the right-of--way side of the fence or wall (but not within the right-of--way) or vines shall be installed at inter- vals along the entire fence or wall, appropriate to the species, sufficient to provide coverage at ma- turity. G. Comprehensive landscaping program. The landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satis- fies the following criteria: Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treat- ment proposed in the comprehensive landscape program shall be demon- strably more attractive than land- scaping otherwise permitted on the parcel proposed for development un- der the minimum landscape stan- dards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the light- ing is turned off when the business is closed. Community character. The landscapetreat- ment proposed in the comprehensive land- scape program will enhance the commu- nity character of the City of Clearwater. 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for devel- opment. 5. Special area or scenic corridor plan. The landscape treatment proposed in the com- prehensive landscape program is consis- tent with any special area or scenic corri- dor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for develop- ment is located. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 53, 54, 5-2-02; Ord. No. 7576-06, § 3, 2-2-06) Section 3-1203. Scenic corridors. A. Purpose. The purpose of designating pri- mary and secondary scenic corridors is to estab- lish areas in the -city which have particular sig- nificance, in terms of tourism, economic development or community character, and which therefore should have enhanced and differenti- ated landscaping requirements. It is anticipated that specific comdor plans will be approved by the city commission for each corridor and that when such plans are adopted, they shall consti- tute the requirements for landscaping along these corridors. B. Primary corridors. 1. Bayshore Boulevard 2. Belcher Road 3. Causeway Boulevard 4. Chestnut Street 5. Cleveland Street 6. Coronado Drive 7. Court Street 8. Courtney Campbell Causeway 9. Druid Road Supp. No. 15 CD3:42 DEVELOPMENT STANDARDS 10. East Shore Drive 11. Fort Harrison Avenue 12. Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Hamden Drive 16. Mandalay Avenue 17. Marianne Street 18. McMullen-Booth Road 19. Memorial Causeway 20. Missouri Avenue 21. Pierce Boulevard 22. Poinsetta Street 23. State Road 580 24. U.S. 19 C. Secondary corridors. 1. Bayshore Drive 2. Belleau Road 3. Countryside Boulevard 4. Curlew Road 5. Drew Street 6. East Avenue 7. Edgewater Drive 8. Enterprise Road 9. Hampton Road 10. Hercules Avenue 11. Highland Avenue 12. Keene Road 13. Lakeview Road 14. Landmark Drive 15. Myrtle Avenue 16. Northeast Coachman Road 17. Nursery Road Supp. No. 15 CD3:42.1 §. 3-1203 DEVELOPMENT STANI)AI2DS 18. Old Coachman Road 19. State Road 590 20. Sunset Point Road Section 3-1204. Installation and mainte- nance. A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy. In the event there are any changes to the approved landscape plan, such changes must be reviewed and. ap- proved and noted on the plan prior to notification for the final inspection for a certificate of occu- PancY B. All landscaped areas must be covered with shrubs, ground cover, turf, three inches, of organic mulch or other suitable material which permits percolation. Where mulch is used, it must be protected from washing out of the planting bed. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Plastic sheets shall not be installed under mulches. C. Trees which are balled and burlapped must have the burlap removed or folded down at the time of planting. All twine or rope must be re- moved. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used 'to support a tree, the wire must be covered with protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year. D. All landscaping required by. this division must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perim- eter of any landscaping which adjoins .vehicular use areas or sidewalks.- These protective devices shall have a minimum height of six inches above grade. E. Landscaping shall be installed in a manner which minimizes conflicts between the landscap- ing and signage and utilities. 3-1.104 F. No parking, display of vehicles or outdoor storage or display of merchandise is permitted in or over any required landscaped area, nor are vehicles permitted to overhang any required land- scaped area. G. Soil in which required landscaping is to be instaIIed must be generally indigenous to the locale. Soil must be loose, friable and free of limestone and other construction materials, roadbase material, rocks, weeds, grasses, hard- pan clay or other debris. pH shall be adjusted where necessary to be compatible with the plant species being installed. Soil shall be slightly swaled to retain surface stormwater. Backfill soil mate- rial shall be thoroughly watered in and around plant root balls to prevent any air pockets. The use of amended and enriched soils may be re- quired where necessary to increase the water retention capabilities of soils in order to reduce the amount of watering needed to meet the landscaping's water requirements. H. Zb min;mi~e traffic hazards, at street or driveway .intersections, all landscaping installa- tions must provide unobstructed views in accor- dance with the sight triangle requirements in Article 3, Division 9: I. The owner and tenant, if any, are jointly and severally responsible for the regular and contin- uous maintenance and protection. of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condi- tion so as to present a neat and orderly appear- ance, free from refuse, debris and weeds. J. Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited. K. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians. L. Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Sapp. No. 6 CD3:43 y J-1 ~O~t <:UhiblllNlT1' LaEVELOPMENT CODE VI. Landscapinb will be inspected pe.ric:~dically by the City, but not less frequently than every three years to ensure that proper maintenance is provided. (Ord. INTO. 6526-U0, ~ 1, 6-15-00; Ord. No_ 6928-02,, § 55, 5-2-02) Section 3-1206. Tree protection. A. Removal permit-Regr~ired. No person may remove or cause to be removed any protected tree or.. any palm with aten-foot clear and straight i-sunk without first having procured a permit as provided in Article 4, Division 12. B. Criteria for issuance of a removal permit. 1. No permit shall be granted for the re- moval of a specimen or historic tree. 2. In determining whether or not a required removal permit shall be granted, the com- . munity development coordinator shall con- sider the following: a. The condition and location of the protected tree, specimen tree stand, or palm with respect to species, tree structure, competition, disease, in- sect attack, danger of falling, prox- imity to existing or proposed struc- tures and interference with utility services. b. Protected trees, specimen tree stands, and palms shall be preserved to the maximum extent possible and rea- sonable flexibility in the .design of permitted uses shall be granted, within the parameters of the zoning district within which the .property is located, in order to ensure such pres- ervation. .. Whether protected trees or palms can be successfully relocated on-site in order to accommodate the pro- posed development. 1. If a protected tree or palm must be removed in order to permit an eco- nomicuse of the property which would otherwise he permitted, the appli- cant must give the, city a reasonable op~~ortunity to relgcate the tree to another site in accordance with the provisions of section 3-1205(C) and replace protected trees on-site in ac- cordance with the provisions of sec- tion 3-1205(D) or pay into the city's tree hank for every protected tree that . is removed in accordance with the provisions in section 3-1205(D). C. Relocation by city or county_ The applicant for a tree removal permit may authorize the city to enter upon the property and remove a tree or palm at the city's expense prior to the owner's proposed removal, if in the opinion of the city manager, such tree is of sufficient value to war- rant relocation by the city. The city manager, in deciding whether to accept or reject such a dona- tion, shall consider the tree's physical condition, health or other circumstances, such as potential damage to utility lines, that maybe anticipated to occur during such relocation as well as the city's need for the proposed donation. Such donated trees will be utilized for landscaping on public lands or as otherwise determined by the city manager. D. Replacement of protected trees and palms: The replacement of protected trees and palms shall be in compliance with Section 3-1202(Bxl) and the following: 1. Multi-family and commercial properties. The total amount of DBH removed from a multi-family or commercial site shall. be replaced on aninch-for-inch basis. 2. Single-family and two-fizmily properties. The following shall govern the m;n;mum number of trees that shall be required on a single-family or two-family lot. This does not exclude compliance with Section 3-1205(B), Criteria for issuance of a re- moval permit, which may result in the number of trees in excess of the minimiun required. Required Number o~7Yees on Single-Family and Ttuo-Family Lots Lot Size (square /'Dotage) Number of Required 7fees Less than 5,000 2 5,OOQ-10,000 _ 4 1.Q,001-15,000 G 5up~~. No. 6 CD3:~4 DEVELOPMENT STANDARDS Required Number of 7Yres on Single-Fancily and 7iuo-FamiL_v Lots Lot Size (square footage) Number of Required 7Y-ees Over 15,001 g 3. When the 'community development coor- dinator determines that there is not suf- ficient space available to replace the equiv- alent of all .protected trees on-site in accordance with these requirements, the remaining DBH deficit shall be met by paying a fee of $48.00 per inch of DBH to the tree bank. The community develop- ment coordinator may determine that cer- tain protected trees are not required to be replaced based on certain criteria, includ- ing but not limited to, species, health, hazards, or other conditions. 4. Monies paid to the tree bank in this • manner shall be used for tree planting projects on public lands within the city and for other urban forestry enhancement projects designated by the city manager. 5. Conditions and speciftcations. a. Characteristics.. The replacement trees shalhhave at least equal shade potential, screening properties and other characteristics comparable to those of the trees for . which a re- moval. request- has been submitted. The specific locations and design of required replacement trees shall be in accordance with proper urban for- estry practices and as approved by the city manager. b. Size. Replacement trees shall be a minim. um of four inches caliper pro- viding for one-inch DBH total replace- ment- for each one-inch caliper re- moved.any number. of trees may be utilized to meet the inch-for-inch re- quirement, provided that acceptable spacings and design are maintained. Replacement palms shall have a clear and straight trunk of ten feet. c. Species. The city- may require that the species of the replacement trees be the same as those for which re- § ;1-120 i moval is being requested, or may require such replacement trees to be of a species native to the West Cen- tral Florida area. Exotic, "natural- ized" trees or palms may be used to meet replacement regwirements only with the consent of the city manager. d. Native understory plant and en- hanced tree protection credit. Native vegetation such as ground cover, shrubs and small trees growing as understory plants to large shade trees aze often critical to the survival of a tree that is to remain after develop= went. Therefore, to promote the sur- vival ofprotected trees after construc- tion, the city manager may reduce the total tree replacement require- ments by ten percent if native understory vegetation is allowed to remain within allotted green areas around the subject trees and/or en- hanced tree protection methods are utilized such as chain link fence bar- ricades; root aeration systems, ca- Ming.and bracing,. mulching,.. fertili- zation and water during construction activities: The city manager may al- low such reduction only upon a de- termination that the understory veg- etation contains valuable native plants that are desirable in an urban environment, and will significantly enhance the subject trees' chance of survival. Native vegetation utilized to meet tree replacement require- . ments will be noted on an approved site plan by size, species and total area covered. In addition, the native plant material will be maintained in a healthy growing condition, and re- placed- by comparable plants ap- proved by the city manager should the plants decline. e. Credit for required landscaping. Any landscaping required to be installed by section 3-1202 or 3-1203 may be used as credit against tree replace- ment requirements. Sapp. No. G CD3:45 y :S-I'~i):~ CO~b1\TUNITY DEVELOPIvIEIv''PCODE f: (;relit for tuadeueloped nculti-Jamlly ccnd comrnercial property. Twenty- five percent of the DBH of the trees existing on an undeveloped property zoned NIHDR, HDR, or any commer- cially designated property shall be permitted to be removed with no requirements for tree replacements. This removal allowance may be used only one *ime on any particular site. g. Wainer of replacement trees' specift- ca.tions. The community . develop- ment director may waive the charac- teristics, or species, of the replacement trees only if the applicant far devel- opment approval demonstrates to the community development coordinator that such size is not readily avail- able in the market area and that the proposed landscaping treatment with replacement trees is equal to or su- perior to the landscaping which would have been. provided with the larger. trees. 2. Protective barriers are to he constructed using no less than two-inch by two-inch lumber of upright posts. Upright posts are to be at least four feet in length with a ininimuin of one foot anchored in ground and three feet aboveground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four inch lumber and shall be securely attached to the top of the upright post. The community development coordinator must approve any variation from the above requirements. 3 h. Waiver of replacement require»ients for public utilities projects. The com- munitydevelopment coordinator inay exempt the city from the tree repIace- ment requirements solely for public utilities projects. 4. E. Proteetive barrier requirements and protec- tion, during construction activities. A protective barrier shall be place around all protected trees prior to land prepara- tion or construction activities according to the following: a. At or greater than the full dripline of all species of ,aangroves ,and sabal palm trees; b. At or greater than the full dripline of all protective native pine trees and other conifer tree species; c. At or greater than two-thirds of the dripline of all other protected -spe- cies; d. At or greater than the full dripline of trees within a specimen tree Stand. Whenever a protective barrier is required, it shall remain in place until all construc- tion activity is terminated. The area within the barrier limits shall remain undis- turbed by any activity during construc- tion. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Ex- otic plant species may be removed provid- ing written consent is obtained from the community development coordinator. Plant species removed with the consent. of the coordinator may be removed only by man- ual-labor utilizing hand tools or by other approved methods. Prior to the erection of any required pro- tective barrier, all surface foreign mate- rial, trash or debris shall be removed from the area to be enclosed by the barrier, and after erection of the barrier no such ma- terial or litter shall be permitted to re- main within the protected area. No equip- ment, chemicals, soil deposits or construction materials shall` be placed within such protective barriers. Large areas on a development site, where land preparation and construction activi- ties will not occur, or where heavy machin- ery will not venture, shall not require protective barriers as otherwise required by Section 3-1205(E)(1) above. Such areas shall be delineated at the point of inter- face, using a woven fabric ribbon or other materials approved by the community de- velopment coordinator: Approved materi- s~~pl,. ~v~, ~ CD3:46 DF.VELOPM~NT STAI~IDARDS als shall be attached to two-inch by two- installed via tunneling or directional inch upright posts. Upright posts shall be boring as opposed to open trenching. made of wood or other suitable material approved by the community development b. When pruning lateral branches of coordinator, be at least four inches in protected trees, the proper pruning height and be spaced no more than 50 feet techniques as described herein, must .apart. No ropes or ribbons shall be at- be followed. Flush cuts (pruning cuts tached to any protected tree. The commu- that remove the branch collar) and pity development coordinator shall make stub cuts (cuts that leave astub -on the final determination as to the location the tree) are improper pruning tech- of the protective barrier. piques. Any tree that has been im- properly pruned will not be recog- 6. No signs, building permits, wires or other nized as a tree left on the property in attachments of any kind shall be attached a healthy growing condition; and to any protected tree or palm. Guy wires therefore will not be utilized to meet designed to protect trees are excluded, tree replacement requirements. however, from this prohibition. 2. It shall be unlawful to remove from a 7. At all times, due care shall be taken to protected tree more than 30 percent of a protect the critical root zone of trees pro- tree's foliage during a period of one year. tected by this section, and root pn,ning requirements shall apply to such trees. 3. It shall be unlawful to perform 'the tech- piques of topping or other pruning tech- F. Pro er tree care; prohibited tree runi P P ~'- piques that remove the vertical leader 1. When construction activities affect pro- stems of protected trees except to the tected trees so that the critical root zoned extent permitted. by this section. is disturbed, or when pnining must be 4. When trees must be topped, such as in performed on a tree's crown, adherence to instances where there is interference with the following arboricultural techniques is overhead wires or nearby structures, a required: tree removal permit shall first be ob- a. When the critical root zone will be tamed. The community development coor- disturbed, affected roots must be sev- dinator will determine if the tree can eyed by clean pruning cuts at the ~ tolerate the necessary pruning, or if the point where construction impacts the tree should be removed. The community roots. Roots can be pruned by utiliz- development coordinator will indicate on ing trenching equipment desigrned the permit that the removal of the tree for this purpose or by hand digging a will be permitted, or will modify the per- trench and pruning roots with a prop- mit to allow the necessary pruning, or ing saw, chain saw or other. equip- may deny the permit. went designed for tree pruning: Roots located within the. critical-root zone 5. When determining .whether more than be impacted by constrnc- _ that will the. allowed 30 percent of a tree's crown . tion must be pruned to a depth .of Z8 has been. pruned,. the community develop- inches below the existing-grade or to went coordinator shall use the following the depth of disturbance if less than information to make a decision: 18 inches from the existing grade. a. The quantity and diameter of verti- When underground utility lines are cal stems pruned; to be installed within the critical root zone, the root pruning require- b. Typical crown characteristics of the inents maybe waived if the lines are affected tree species; Sapp. No. 6 CD3:47 COiV1blUN(TY DEVELOPMENT CODE c. Aerial photographs or other recent. photographs that would indicate the tree's appearance prior to pruning; r1_ Testimonials from eyewitnesses as to the tree's former appearance; e. Remains of foliage debris on the site- 6. Based on the above information, a written report shall be prepared. citing all evi- dence used to support the claim of viola- tion. The violation shall be treated as an illegal tree removal and process accord- ingly. (~. Protection of tree trunks. It shall be unlaw- ful to use tree spikes or other devices that damage tree trunk tissue of protected trees. (Urd. No. 6417-99, § 8, 8-19-99; Ord. No. 6526-00, T , 6-15-00; Ord. No. 6928-02, §§ 56-60, 5-2-02 DIVISION 13. OiJ'I'DOOR LIGHTING Section 3-1301. Purpose. The purpose of this division is to establish n~.inimum standards for the provision and use of outdoor lighting in order to provide for the. safe and secure night time use of public and private property while at the same time protecting adja- cent land uses from intrusive light conditions. Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recre- ational facility and street lighting, shall comply with. the following requirements: A. F~:xture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illu.miilate a will and are directed away frond adjarent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. 1E illumination cut-off arc~le B. Location. AlI outdoor light fixtures shall be located so that objects or Iand which are located beyond the boundaries. of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow: outdoor light fxtures 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 s,.ipp. ^i o. 6 CD3:48 .~~usur+E DEVELOPMENT REVIEW AND OTHER PROCEDURES approval of a sign shall be treated as a level one approval in accordance with the provision of Ar- ticle 4, Division 3 and shall be ~iccompanied by plans and specifications, drawn to `scald and in- cluding the following: A. Legal de~ription of the property where tl~e ~ sign .is proposed .to be located; B. 1Vame, address and telephone number of the owner of the property where the sign is prdliosecl to be located; C. Name, addres$< and telePho~e number of the lessor of the property or<bujing upon which the.s~gn..s praposed:tq be located, if a~phcable, and: a notarized. st~-t~nent of author~,zatiom;s~ned by the ~essgr consent- ing :to tie sign :.piace~nent :and a.-copy.; of the: executed lease; D: Name; address and teie~hone number of ,. the'sign erector; E. 1~Pe:of sign proposed; F: Sur;~'ace area of the sign .proposed; G. value' of sign propinseii; H.. Locatiop ofthe sign.in relation to property lui~s, public ..rights-off way, easements, buildin.~s and :other signs on the property; I. Dimensions and elevations, including the message of the sign; J. Lot.frontage :om all street.rights-of--way; K Maximum and minimum height of the .sign; L. Dimensions of the sign's supporting struc- t~res M. For illuminated signs, the type, ~place- went, intensity and.hours of illumination; N. Construction and electrical. specifications, to allow a determination that the sign meets all applicable structural and elec- trical requirements of the building code; Section 41'004. Procedures. § 4-1101 An application for approval of:a sign shall be reviewed and approved by the community devel= oprr~ont coordi~iato= .as a level one: approval _in aceordorice with the procedureg'n Ar'tcie 4 Divi- sion 3. Upon approval of 'the sign ns Tieing in conformity with this development boas, the coor- dinator shall forward the application to the build- ing official wha shall determrris i€ the aPlSlicaton Complies with the ,provisions of the building code. Jpop :determuirig that an application conforms to the building code,'.a building permit s~ia11 .be issued. .: . Sexton 4.1005 1~~~p~nton- , , . >. Sign permYts shall be valid for a maxi~ia`tim of 180 days after issuance.. Failure to place the•sign within the allotted time period .-shall. void the ,. .. t - . permit and necessitate reappl~lcn~on. Section 4XOOG. Id. enti~tcat~oin. All signs requiring 'a peY'mit 'shall -have the perlnit~nuxiber pe~nurie~ifily mat`1Ced~on the sign in a visible'ltion. Section 4-X.007. ;Inspections. The commu~x-ity .development coordinator and the building official:sl~ll, as ea~eh;_may determine necessary, inspect the- property to: ascertain that the sign is . in accord with all . provsions of the development code and the building. code and in accord with all terms upon which-tile sign permit may have -been conditioned. DIVISION 11. LANDSCAPING PLAN Section 4-1101. 'Landscaping. required. Landscaping .shall. be required in accordance with the•provisions ofArticle 3'Dvision 12 for the following .development: A. Any'landscapeel area serving a new use or a change of use. O. Number, type, location and surface area B. If an existing use is improved or remod- of all existing signs on the same property Bled in a value of 25 percent or more of the and or building on which the sign is to be valuation of the principal structure as located. reflected on the property appraiser's cur- Sapp. No. 1 CD4:41 § 4-1101 COMMUNITY DEVELOPMENT CODE rent records or..if an amendment, other than a minor amendment, is required to an existing approved site plan. C. If a paring lot :requires additional. land- scaling pursuant to the provisions. of Ar- ticlg ~ >aivision 14. (Qrc~ No 6526-Q0, §'1, 6-15-00) >..:. ~~e~tian '#-1102. Plan xequ~rements. A " ~n apphcation for deveko~ment,. approval fot~ which "landscaping is requited by Article 3, e, , , "f r_ vision 12 or b~ any other prdvision of this development code shall be accompanied by a landscape plan which ,shall include"the following information, if not i~iei~se"'regd in cbnjune- #on .,~v~ith the application: for. development ap- p~roval: 1. ' All pro~t~sed structurds and- improve- ments, ~i~ii'tirig biit not limited to walls, fences, walks,.pools, patios, dum~ster pads,: pad mounted tran'eforriieis, fire hyd~arit§; overhead obstructions, easemen#s,. < sign locations, treatment .of ;all ground.-sur- faces, and any other features .that .may influence the proposed landscape. 2. Name of abutting sti~et rights-of--way. 3. 1Jrain~ge and retention areas, `including swales; sld+e slopes and'bottom elevations, arid' drainage structures and other drain- age improvements. 4. Delineation and; . ;dimensions of all re- quired perimeter .landscaped. buffers in- cluding sight triangles, if any. 5. Delineation of parlnng :areas and -other vehicukar use areas, including parking spaces, circulation, ,:aisles, interior land scape islands and curbing. 6. Proposed.:and required., parking spaces. . 7. Existing trees on-site and immediately adjacent to the site, by species, size and location, including dripline. . 8. Location, size, description, specifications and :quantities of all existing and pro- posed landscape materials, :including bo- tanical and common names. 9 10. 11: 1L- 13. 14. Typical planting details for trees, palms, sb~rubs, and ground cover-.plants, includ- ing planting nstru.~etions; ..soul mites, backfilling, mulching,; staking.Yand ,protec- tive measures. ,..; Interior landscape. areas hatched and/or shaded and lakeled anfd' ntei~or land- scape coverage, expressed bo~li°"ftn square feet, e~elu~ive,,.-of penm~ter ;landscaped strips, apd a.s a; •percenta~e,Qf`•tb~e paved area covexagd 4f the parlnpg;lot"and ve- hicular use areas: _. ;!~ i~rigRat~on plan `fbr all development reeluivintg:level -t'vt!o and three=a~proval. A~I`~Ytes oue acre et ` ~ ~ `size or sites " ~ .: . ~~vng 1~5flsf`dot:st fio,oi~greater 'shall ~pro~de ,a scali~il drdwig'showing the ~finialYed eivattlii ~` all ':l~dscape material - propose<'1 '~ `~ ~"plaat+~d within ,perimeter lapc~ca~euffers ~djacent;_ to street rights of-way, a dry; ,shall be an artistic rendering of the ~i oposed land- scape material as• zt :will 'appf at "the time of installatign and will ~~ovide a "sriapsliiit" of the ov~~11 t[~Pe9rance of the landscape~matgrial, Tbie d~vPing s~,all include a rendering ,of all trees, shrubs and groriridco~ers and should ~cli~tie struc- tures -`such - as <walls, ' fbnce~;" signage, benches, utility poles n~ otli~r'~ structures within the required .bui~ers .. ~ :addition, the plan shall. i-ncliisie ,dm4oypal mea- surements showing the height fi-om fin- ish~ :; gratis : of 'all lari~dscape ~ `materials utilizad in the landscape buffers.. Any conditions of development: approval. Any other information that maybe needed to show compliance with the proof sions of Article 3 Division 12. B. If a landscape ;plan is :not prepared by a landscape architect, .the: "optional :pre-application conference" provided in section 4-201 shall be required and the applicant shall be accompanied by the `preparer of the landscape: pian ` DIVISION 12. TREE REMOVAL PERMIT Section 4-1201. Permit required. No person may remove or .cause to be removed any protected tree or palm without first having Supp. No. 1 ~ . CD4:42 DEVELOPMENT REVLEw AND OTHER PR;OGEI~URES procured a permit as pravided in this division, Except for -the removal of hazardous des with ,, ... respect to ds~ese, insect attack,. dangex of}g, pt`oximity to existangk~r~~rgposed structi}re~„~nd.. interference with utt'hty serv~cee aiid'those trees on single-f~iiy an,d tavo-~~m,y:~ot~as°~p~~t~:: shall be gralait~ +ott~l~s~: xt i$ part of an appitcation for a iw,eYel 0~~ R?" I'~rci:~l~p~"o~ ~'itT `t~~ss. it ~s ~~s~.~~bbat,~th~-sa l~r~: on co~dpL~s: p~ " ti with the criteria ol'~~..iAn.~11~~205: .. - (Ord No 6526-00, § 1, 6-15-00) ., .~ , . ~ _ Secti~ri" 4 ~~02~ ,e?lu~enY~ z t ica- `~!Y r=f~a~~b~3,~<.~Qr~1~3fFt113a? ~,~, ibri..to °b ~, l~r~t #.o ~emctY~~~~! ~' ~:>~shall ..,. , . makevvtitten `app ' tton to?~3e eo~ty dievel- opment coordinator pn apphcation f :. ? ~ Ito be prmvided acCxl~d~ »y t'he l`ee ~ by Sect]bi 42tf2,`} "`. [d'~cludt~ the ~o~Qvv~~, doc- umeiTtStit~n A, ~9'l~~r~, ~;t~ f~r~.m~Itibfd~miiy~ anal rom- rizer,~.P~r~i~s, : . 1. A site lan sho p wing.the location of ,~1; ~-rote, .tt~': a~ndpa~ntah~ size; ~,~no~y_, and-.. }gpe~, -.distinguishing the tree or trees propos~ti to..be re- moved, the staled lgcatio~ . of :pro- Wised 'tree licacles, eaistm~ and p3 tpo~biri : s;~es,\ vas; di ive- ways; aiti't1 pa~~ ere~s d btl~er 'F improvements: = 2. ' A .plan ~re~ared by a .certified a'rbbr~'t;' odn~u~tntig ~bmYSt, `land- sci~pa hfelut tir o~~r spalist in the field of arboriculture specifying -thy-metT~csd ttr=be tithed try p~es~e all remaining trees including. :their.: rat 'syste'ms; mid the ;means of pro- vit~ing water acid nut~,ents .to such . j,i i'obt systems such as r0ot,:pruru~pg, applying fungicides, tree b~ncade~, . etc: 3. A topographical survey of the prop- erty, if the change in elevation of the grade is greater than five feet or if the pioperty is one acre or more in area. 4-].205 4.. J.rustxficatibr< of tree rent~iral. B. Requirements for single-family and two- famaly pr, ,: ~: ~ ~3'. Ong the location and sQ of apro'~ected gees and ~~~~~e.'t%~ pat'kJ'p~'d~serl to be re~t~et~~&~d'~h~f~'~sti~ fd`~' i~e~ovdl `, (Ord 1Yo =6fr26~~UQ; ~ 1+, 6~.~i1~~(1!b, (~rd:l~fo ~ ~JLS-02, § 108, 5-~3t}OQ)~ . _ . , . Sect~iotr 412'03, ~~~al fain d~xiial of re= k. '. ~ sass/ ~' ~' ~{~~t ~~d, of,.~ :~t'omaval 1~n~t ~Y be app~~ ~ i~t; ~~ : ~~~'~ prcty~riPxl.; :~~ Artacle ~ . Division 6 depending .on whether the applichtSot'i-. seeks: a bevel. (~n~ ors I~±~vc~'Z?iwc~ aptiii~x~lal.. Section 41204 B.emo~al hermit-Term, ex- ~: ~~ , t .. A°ti~ av~ bpgl*nut ' is~ue~ ~ ` £fie sib .shall expi xf tlfe~'wt'huttbtoi~+~dibv' ~Yie~t is not com~~eted<.~;F~ ldi~t t#f'~ k~e date '~- perc~~ le i~ '1*he l~bldpr e~c~ `°3.: ~~i~r5d pertnl3t ~~~'~ aPpl~~~~, r~'-i~s~~a~-t~ d~' the .permit' within 30 days of.such expirgtioR, end the cdt~- mun~ityr r~eyelo~~eut_ atox .may ~us_e. the per tq;.be re~is~~ted,. ~T~viing th~,~'es ~erefor. ~?:.~,~;ti'~13~ ~IR~Gafi4P~: for ~~ n~?v permit: shall be made .. , ~. Section ~=1`~115:''"l~o aree" statement; "no tree • . -=rctiftSv~1~ ,~ei-rrnt~t~`'irej~tii'red" statexn.~nt. . A -It' there are. no- p~btected tress on a site proposed for development, an applieiatt for a building permit shall..;submit .a "no: tree" State- ment. B. If protected trees east on a site proposed for .development but are .not required..to be re- moved,'fOr coirstruction purposes, an applicant for a budding permit shall submit a "no-tree removal permit 'required" statement. C. No building permit shall be issued unless a tree removal permit, a "no tree" statement, or a "no tree removal permit required" statement is approved. (Ord. No. 6526-00, $ 1, G-15-00) Su4~p. IVo. G CD4:43 § 4-131)1 COMiv1UNITY DEVEI.Op1VIlN'l' CODE DIVISION 1~. I,.~;iVD GLEA,IIING AND GRUBBING 3eetoi- 41a~1. Peet r~+~ui~ed A Isnnd, ,cle}g and gremg•:,t}tarmt is re- cluired in .4~rder;~o clear oz' ~ ary.~lax~d yin the city. No.la~d,clearing azid :grubbing peat shall be granted prior to issuance of a Leve~:~0:ne :pr Level 1~vo approval in accordance with :the .provi- sions of :Artxclg 4~ Ihvs}ores ~. i~.~ 4 ~;' po I,Q~~l; . Qne or ~.evel 'I~vo epp,~ova~,x~;;r~equired, a land clearing and grubbing permit shall be granted if the : Per'ttiit requa~ is •in..canfl33'1~a~hcL vir 'thy proYisigna of this. division ~~.tl~~ `~riiis of a =~3#~iciix approval, .. ... - -. (Ord. No.`652(r,.t~,. § 1; ~-1°~OQ, Uri: No-fi`92"8=02 109, 5-2-02) x :~ : . Section 4-I302. Applicatip~l~tp,,peal: ~A_ An application fQr a clea.;~}~ ;ar~i grubbung permit shall be subz~~tecl tq, e cgnunty, de- JelO~;?eAt ;000rdlrl,~t0~, 1~~~~''i'~~=~~,~` ~rovi ~~,.. a~o~p~~~' ~e fee °r~~ by 3ect#on 4-20~~E~, a~~. u}cluding.1~~~ fpllog 1. A legible. scaled ~zlrnwuig' dr 's~leii aefial placit.ogt~opb acX$ a trek s~tte~ -shoa-in prop batntiaf'ihs; pHy~ or` ati~Y features, and limits of the proposed wtif~: 2. Purpose of clearing and/or; grubbing. 3. T~es~ of eguip~ne;tt to: be -used. 4. General description' `of e>hsting vegeta- txon, topo~rapl~y,,and any swrface watsers: present 5. Method of debris~di§posal: ' 6. Anticipated date of commencement and completion of work, 7. Methods of soil erosion and sedimentation control t+o lie undertaker during earthwork a~tvtie~ ' ~hd the riieari5 'anal timing of soil stabilization suliset~uent to the com- pleti©n of the clearing and grubbing acty- ities. INTO tree statement, no tree removal per- mit.required or tree removal permit re- q uired. B A denial ~f ~ cl~iing sud ~rul6u~g;permt may .be ~ p~~:, in tie manner provided in Art~cl~2 ~ vi'~io1d (Ord Nb ~ltt0 .§ 1, 6 ~5-40~,r ~. , ~~: '~ ,, Sed#abiu 4lE''.iti3 ~CrY~er~a for i~,su,~, Ip . ~ete~~ ~~~er' dr• •no$ is i~ud; .~ `peg= nut toy clew o~,g~€ub .end,.the'=c~l~ntinii~ity`d~rel- op~gnent coordinatca: sl~~li =coit~der:~ ' - r; A. ~`he need for V~@ta~OII re~OV8~ OII t}~B ro for Purposes d, s~;~}'e~ P.r, . ' =~ ~i~n'~ ~ ` ~pment or other _~~.. .eco~lomc uses. B.: -,t~f=~~~f#~ `ills°`~e~~s to t~~+~~~ rut +~ - T C: W~.etl}er'ie ~ ' ~` r ..3r . g °~~ r'e~1t1Y~ p$r . , . ~~ cation" form ; .,~tig . that fliers are no protected trees .tin the sit~~:~~ l,pratI tt~'b~lt dci not need to be rem~~rd'~t~ l~~cton D. ?~p~t'h~~~h~i`~octive-bar- :, ra.ersK~rttnd~ ~ ;(pret~t,~d' `tom on the .grte~F t ' .. , . J 1 E: ~ .~ `~~* ~}~; ~aP~~t Pngvided soil ~9~~ _ ~;~_ ~ati cox~rol as re- ~~'~ l ~e~r On 7 (Ord. N'o 16, § ~, ~~5-0~) , 3 ~ ... ~.. - ..:. . ,.. Sectioni~ ~~4p~. P~pose:~~,;~authority. 3: It ~ the purpose of ~ii~ division tci establish 1 Y' proc~dfirts§ f~ •t~e t~at-s~i~'ef~ off' allt~c~ted develop- went rights ~ '~~le ~~~ ill prier t0 promote rede- velopxueit bf ,t~h'e district in a wanner which minurilS ~~ riiip~ti+ts` of sueli transfers .and protects the interests of all property owners and residents of the city. 'I~ansfer of development rights. may be used to: (1) implement the goals and policies of redevelop- ment plans and/or special area plans approved by the city, the Pinellas Planning Council and the Y `~,, ~1,. N~,. 6 CD4:44 ~- ~~ I~ / V t L,. ~ I J rrn cAee..e.x.l..TAlawnu. ~ cNa1{l anlbro TQM ALL ROIOf.AT 16! - AOWWND RNIIW ' RIAx.0eplf OM.n.Nx K4NA90Yie1 rAMl puuAraA ilpgT pAywa pyres TYfIM10111Wp ATM ~ nil ~au~•, ' CI CII.YI. NO NAMIW ayypni i ~~ .IIf\YT~ .MAT yyn ~T~yT~r aaiYO[Y-tl.lrtfLLYL xA1f /111F{Mxalp TN'iVLWIX NIR TS s - x. K .Rp: 15 r.vewce o-n ~ ~+ QV rAG IIRC! AT OO TRMK '' LNaXN'/ r A V Mm o-.TJ ~ ~ ~ /+70x Tq GCNeG11aN 11.~IdTLOW a '"" ~ ~y~y MITAIW ~Q1M /In1INW /xAOC n16N ebNe r NI4{N 1un1 uTw •IeWIN,{(M '~'' y01s Iwlw ~ / ~ . ~ ~aiD ro l~iY4Gelt .. . ( MMA4M Aw TNSV ( w'IP4 N%IIIY 11Nnuela~Mxlwe o~}~f~ '~wf` Tw eoW ewbTw wf11.a eNSlw ra PALM STAKING Auk pLsNnus ncx 916 TREE BTAkINA AND 4h ;.IN9 DE7A1,1a. -_- _ - C°"'~"~ifN!'Xr'~i~e.w'~"OYLaaw'IS`r"Sr~1'""' ~ «r+1easn/wwoiun»~laq«vw LANDS[APE INSTA .1 ATIoN NO a ALL .LAM MA700K6 b1UI.L 0e'LOxlDA a OR C6TTB3 b eiVa1 IN 88eS0Ei /lNIARY MY min0ly MLI0M9 OY TN ND GOt•INt'!b bCI.VIOp. Lounox ar.lNlif ON M RNI ARb WAeNA1+1tATw. bbi M WoKiw•b ~ ®T~ Mf~pW~yXlpy011 ~T LpI.MIOxb. M M`R IMTEW Nb LIbT If NIT eifG110/iIGY KT'6'JI.T~E 11.ANf~ LA~N~LAP6 UMM/GT014 eMOYLD nMRC BE WT Ala M RAK M /LNI lWV.L .xHJML R b M WaeOAT! GOM~KTOItf IIG1P0116mIYTY TO'M&RE THAT ALL •LAx1 BED AYGAf NAV! /ROPOI DRAONe! PON 0-IMfI eAONM Q WoFG/Ie MATbRIK lYg16IWT/{tAT1611 leM~lf. .. ~ ' ~, fli~yo~~.yp ALL' 1~WG~oM~pO~aI~KN YIKL ,My~~A~ '^m w11H p1LyM{fL OC A f011. 16X /I.AMf IIfI~MWa Y IYV.~ T~1f O~IId~tIT~{ OP M ~ R~O0~M4.~Ix9 ONb'INR NNiNlT AA PL.ANIINe Mix O0. AIixO'J60 COPAL ~PA~RII~010{ OWL T/'eL11i~f/l.N KNIT PR IRRIGATION NOTE ALL LAMCKNrC M!M b1U11 Y YMiC® YY1X /N AVbOMAT10, NamtORpbD N1WA11011 f/H?/ MRN A µ1101E0K OCVIf000NfLTCD TO M GaNTNOLLOt AEPOt lTA76Q ROIG7A l10MU.TaW. Mdt-W1f lbTMJA4BR.MG01RR0LLBl fxALL r. n7 OPOVInI p10MML1YA1MyCi MNM Io6K wAtemw xbsTRIOTOItl. ONTO MVID fI.IPMi. MWAT1011 fIVLL IIl10Va0100R 0WalAOL MxAY (W~ r MxWl 1.Lµ .ep ~~ RMIlNIf fO1L NlYneb bIAMR f01~ Or.4rV11f PLANT MATP_RI AI I I4T exn~NicAL MAMe ca+•aN.MA1a bveuriunaNs N. M f M .IYdxLUfrIY1DlIA IMMM/IeIM xPLKA MaiROAyMIM Ax/1/RMAV YLIbM1 KNCYR t r o flw4IIN~IM' ~ lI aNM.1rMwMeaols .. .. e:l .. Y.YMIIMKIII. U.r6LM lIYK NSNN. NL I PITCIIOfIRM6YH1f NItViEl114x YOVeWLIIbI1M, iNPlb 111 9 11tlNxllfxfYR' IIWRMAIII{M YOTGWLMIYxY, COIMb fll { fAwfAxwAlaulA I`MATM i1C10 CNIx1'MO. f•aNrCA MMLLgi n: f n'MIM.NTI~pNINA' lrrlanrns li'MIx1'..e. f•aAyrR NI/{4a1 M • NMTI ({Wql rNlawtxll' YxlxY ro.MAmm{YIf Y • SNMN/.MALfA WIir01i9M{M 1VMxW.1'V,b OI11A1 .A 'a 111/MffN1.OtATA Y1f 1Y.i1C SK •TxaY r0. •eII1M' WI A ALINWpA N6010.M MMNaN1VY.. - WMxW..q .IILLOA M 7! 1f•~ pAty~bpalleN WM x M•r0~ p~/llal At + b ~ flb . MNM/•..~I YNWATN .IM~IA..W Wr NYIi.ACIIaI IMIR MIO~iI JM YrM x WMq fMLL.i1l • Lr r L.xr/w McMtNErei. . rI HIRIIANTAy1 . 11T x 1]• W. I .Nldl x+• Nr x lo• erv.' 1 eAUC1l rA M ixt~,craw NlyAlx,1M MNrwduM Wfn, Mol • Tvr,1 e.Wax S~o'_ CL7TUBbIR~ ~n .w ^` Q W~ i .. 1 SECtlnia ]` TOWPISFIIP 1~ Ri.Mf,E ~l`iE. 1=q`:EO E`IS nNC NNI iF. STgI'rE Y P,iIED ~H(1UlPFR 0 3a 60' I za Scale I "= 30'-0" ~ aZt.2 Y - ens sP'PwNOanoN Pwfnxc ~ ts2 s a sn s a' ae sr . t,~sa sr E (v) ALLEY y _Plant M~fAr•rela: S~In e.e de Lr~IVUJl,I1rC NU I C~ I • M pod matmab llul be fbWa 11 a bc[ta and ae4YCd k 4ghest maawy l4roxdl. Ranb shaA be healtly, Hu d pet and dneale. 2. N Pl+nts shad be rnrdanv groan aaapt a! nded rn plm. 3. N palm! and trees sbal hsve atrxght 4wlq wN ro twnb, 10104x5 a other ddecdve chuackrobcs. 1. Mulch lhal be 10096 Pyle 9f M1. mktled k f mnmum tMdnei! d 2'. 5. god skid be 95i weed Tree St. Ia9usbna'Rantam', aetaMl wN hghepnb. 6: M dtmensae sha7 be lldd dmctrd by Ue larowpe Cnnyekr pm k rroe4ucbon wth any deaepfroln rcpakd k tlr: kroxspa Mdatect. 7. NI natereb shat ba ,, spea6ed on tha plaro. II matmab. Wor a nsbllabrn tedlmque d0 not adhere eo Nx lpeehe,mle, the wd x n pnw ey ene tawxpe wdrrtect wrtn epennm marents me «.lkuatan eawee eue by 4e tawsrape Contracor at m addlboW co,t. 0. Na slblh4tlw! d matenNs or change k be downy! a lpeuhobans lhaA be made. 9. N rcquved permts ara k ba pro Wed by qa rokA.y cmUactor uses speulr~ly f44d o4erwx m the lper+kanoln. I o. Cadractar IdeMhcatron slgro lhd rot ba afowee rn the prged. 11. LrnUactor lhW be respaelbb far A Rrae n drown or dexnbdd rn the pan and lpca6atnm. 12. N prapeed M~ pa aM !ad area eodamuy tNl w rv-0! !NA ba Crated wN'NOUndyp• per mamdxturr/s lpealrsbans. ! eaheddwpa Contractor ahsN pa Wa al meassxy slk prapxatron rcywad k raadp tha alk for plxlaag as P 14. Tha Iwdscape Cantraeta shat wxrmty aro guxwtaa>0 m+tenab and hbar for a penal d 90 days Ia Illg b!~ gowdcoao. Pim! aM tree. Wa^anH W gufrades pared lhatl bagn upm dak of eompletwn. r V'n soda rffiiCtwtnt! fhtll be mWa by tha Iarolraps CrnUacta wdlw I O waking days upon nabMatan d xxy dehampe by tM aww w then rnprcaextaUro. I G. M quetlaro rcgxdmg qa kndaeape Pons aro 9peaMaeas ahaN ba daactad k tha 4roxape udutea at ozTl TeT-za~a. FERTILIZATION Shtvbs and Trees M Gees aro Yaaba shill be IaTWed w4'Agnbmr 20-1 s-5 pbduy 4tMts at Una d plmbng and pea k msk4Mn d pWR plt buklAl. Tablab sbA k pltad uMarMy sound the rant baY at a dnp4 that a between the mdEb aro bottom d Oro root baA. APPIIabOn Rate: 1 GAlon Crntaror: I - 2I gram 4bkt 3 Galbn Contxror: 2 - 21 gem tabkb S GaAon Lrnkror: 9 - 21 gem taUety 7 Gdbn Contamp: ~ - 21 gem bbkb Trcea: 7 4bIL4 per aadl I l2' afpa d tny0 G(WndLOVCr APCaS M graWnnw xea!lhaA ruewe Ienh4atron wth'Oalacde' taro «letx IeR14ar per mmdac4ralf apacdroatlrna. ~ ~ Nti. rWxl n'' tlxr awaa Iaaa a~tax a se.va ra r r krytl Na rrr.. rawaW n.w ta. IM R sow sal a~"'^+ xma swx TREE PLANTING DETAIL Set aavb a W ivetlMl I'~ bam Inml, rww anY a •~Yrla ' now YM ~4~rp rtrya Wow act ~ NCw _L1 SHRUB PLANTING DETAIL -~_ C7 _Z J_ m W 7 V" C O C ~ N 'L O W ~ ~ N ~ d m ~ U ~ c av E ~ a~ ~-°a D ,ANDSCAPE tACHITECT; INa Gory ado adw NMw, r1eriN ]afal saws tt11111laa r« nneaan t~or ~~ alu rl~l.. ~} Page 1 of 1 ~;r Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 2:01 PM To: Reynolds, Mike Subject: FW: TDRs For the file. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Tuesday, December 20, 2005 9:35 AM To: Clayton, Gina Subject: TDRs Gina I'm not sure what you expect to gain by calling and barraging me with your comments immediately after I told you that I haven't completed my research on the subject to date. I told you I was not prepared to answer your questions (if I was you would have heard from me), but you continued to aggressively argue your points. Your email was received at the end of the day Friday. I told you I haven't been able to get with Dave on the subject. If you want a thorough and accurate answer I would expect that you could provide me with the appropriate time to respond to your email, giving me what other pages you were citing in our "conversation." In fact, why don't you put all your thoughts on the subject down in writing and forward them to me (email is fine) so I can respond. Michael 3/7/2006 Page 1 of 4 Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 1:58 PM To: Reynolds, Mike Subject: FW: Revised Final Ordinance 7449-05, Inconsistency with the Countywide Rules For the Code 1 file. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Tuesday, December 20, 2005 3:51 PM To: Clayton, Gina Cc: Healey, David P Subject: RE: Revised Final Ordinance 7449-05, Inconsistency with the Countywide Rules I have researched the subject again and talked with Dave. We still see an inconsistency in the amendment. Essentially, the City is asking for an exemption from the 20% limitation otherwise found in the Countywide Rules and your LDC. Yes, I agree that TDRs were contemplated in Beach by Design (page 48 and 57), but at the time they would have only contemplated 20% max. because that's all the LDC provided for. Now that you are asking for "unlimited" transfer of transient accommodation units Beach by Design must specifically provide for that. The Countywide Rules state that TDRs "shall be in accordance with the terms for transfer and permitted maximum density/intensity of the approved special area plan." 4.2.7.2.1.C.1. Further, they state that the 20% may be exceeded "provided that the special area plan makes specific provision for such transfer, has been determined consistent with the Countywide Plan and Rules, and has been approved by the PPC and CPA." 4.2.7.2.1.C.3. We.can talk tomorrow afternoon about what the impact that the potentially infinite number of units might have and how your special area plan needs to be amended to allow for such exemption. This is fundamental to the plan and the criteria and analysis must be included in the plan -not just an exemption added to your LDC. Additionally, there should be specific language relative to the use of TDRs and the density "pool" that exists in the plan. Also, your LDC doesn't have a limitation on developed sending parcels (which it needs in order to be consistent with the Countywide Rules). ,However, the City may allow units transferred from developed parcels in the special area plan -again, if specific and planned for/approved. am available between 2:00 and 3:00 tomorrow, or anytime Tuesday through Friday of next week. Mike Crawford, AICP Planning Manager Pinellas Planning Council From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, December 16, 2005 3:51 PM To: Crawford, Michael C Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules thanks -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, December 16, 2005 2:55 PM To: Clayton, Gina Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules 3/7/2006 • Page 2 of 4 I'll look into it and get back with you. Mike From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, December 16, 2005 2:44 PM To: Crawford, Michael C Cc: Healey, David P; Schoderbock, Michael D; michael.delk@MyClearwater.com Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Mike - in reviewing Beach by Design, I would like to point out a provision on page 48. The Plan states that "In addition, Beach by Design recommends that the use of TDRs under the provision of the city's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC designation." I believe that our code amendment regarding TDRs is consistent with this provision. I would appreciate it if you would reconsider your original finding based on this provision. Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater ginn.claytonC~myclearwater.com 727-562-4587 -Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Thursday, November 17, 2005 7:56 AM To: Clayton, Gina Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Understanding that the overall "existing development rights" will not change in the total of Beach by Design, relative to infrastructure we would need at least a discussion of the non-impact to the overall area. Also, we would need a discussion of the potential impact to a particular character district. The original submission discussed water, sewer, and traffic (with a study) and was more specific than just the overall impact. That is, would the infrastructure in one area now be compromised with what you would expect after the transfer. Of course, to start the discussion would be what you expect to be received (# of units) and where it will likely come from. Just so that we don't have any confusion in the future it would also be good to reference your TDR section in the LDRs and so that it is clear that the other limitations and allowances are understood (e.g., no development rights can be transferred from already developed parcels or from outside the CHHA into the Beach by Design area). If we need to dig into this further I'd be glad to if it helps. Mike From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, November 16, 2005 4:58 PM To: Crawford, Michael C; michael.delk@MyClearwater.com Cc: Healey, David P; Schoderbock, Michael D; Pam.Akin@myClearwater.com 3/7/2006 Page 3 of 4 Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Mike -The development rights already exist within the area of Beach by Design. We are just moving where these can be built -not the amount of development potential . What kind of density/infrastructure analysis would be needed? -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, November 16, 2005 4:02 PM To: Clayton, Gina; Delk, Michael Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Gina: As promised I am getting back with you on Ordinance 7449-OS on your agenda and its consistency with the Countywide Rules. As you know, we had a letter prepared earlier on, but I wanted to discuss the issue with you before we said that it was inconsistent. After talking with you, reviewing Beach by Design, the proposed ordinance, the existing ordinance, the Downtown Redevelopment Plan, and the Countywide Rules we have deterrnined that the amendment in Section 49 of the ordinance is inconsistent with the Countywide Rules. Specifically: "Forparcels 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. " Beach by Design, the "governing plan" in this case does not make specific reference to the provision for the use of TDRs. It does say (on page 57) that TDRs are available, but does not go into specifics concerning what a parcel would be allowed to receive. In contrast (and I might add consistently) the Downtown Redevelopment Plan is very specific.relative to the 20% limitation, or lack thereof (Policy 7, page 52 and Strategy 5, page 217). In order for this to be considered consistent with the Countywide Rules, Beach by Design would require specific provisions for exceeding the 20% receiving parcel limit, and would need to analyze the impact this would have relative to density, infrastructure and the other items that are discussed in a special area plan such as Beach by Design. Please let me know if you'd like to discuss this item further. I will follow this email up with a letter. Thank you. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton(a~myClearwater.com] Sent: Monday, November 07, 2005 4:06 PM To: Crawford, Michael C Cc: Mike.Reynolds@myClearwater.com Subject: Revised Final Ordinance Importance: High Here is the latest ordinance. Thanks.! 3/7/2006 Page 4 of 4 «FINAL ORDINANCE NO. 7449-05, WITH TITLE EDIT in aerial font.doc» Gina L. Clayton Assistant Planning Director City of Clearwater gina. cayton@myclearwater. com 727-562-4587 3/7/2006 _ Page 1 of 3 Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 2:00 PM To: Reynolds, Mike Subject: FW: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules For the file -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, December 16, 2005 2:55 PM To: Clayton, Gina Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules I'll look into it and get back with you. Mike From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Friday, December 16, 2005 2:44 PM To: Crawford, Michael C Cc: Healey, David P; Schoderbock, Michael D; michael.delk@MyClearwater.com Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Mike - in reviewing Beach by Design, I would like to point out a provision on page 48. The Plan states that "In addition, Beach by Design recommends that the use of TDRs under the provision of the city's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC designation." I believe that our code amendment regarding TDRs is consistent with this provision. I would appreciate it if you would reconsider your original finding based on this provision. Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater gina.claytonC~myclearwnter.com 727-562-4587 -Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Thursday, November 17, 2005 7:56 AM To: Clayton, Gina Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Understanding that the overall "existing development rights" will not change in the total of Beach by Design, relative to infrastructure we would need at least a discussion of the non-impact to the overall area. Also, we would need a discussion of the potential impact to a particular character district. The original submission discussed water, sewer, and traffic (with a study) and was more specific than just the overall impact. That is, would the infrastructure in one area now be compromised with what you would expect after the transfer. 3/7/2006 Page 2 of 3 r Of course, to start the discussion would be what you expect to be received (# of units) and where it will likely come from. Just so that we don't have any confusion in the future it would also be good to reference your TDR section in the LDRs and so that it is clear that the other limitations and allowances are understood (e.g., no development rights can be transferred from already developed parcels or from outside the CHHA into the Beach by Design area). If we need to dig into this further I'd be glad to if it helps Mike From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, November 16, 2005 4:58 PM To: Crawford, Michael C; michael.delk@MyClearwater.com Cc: Healey, David P; Schoderbock, Michael D; Pam.Akin@myClearwater.com Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Mike -The development rights already exist within the area of Beach by Design. We are just moving where these can be built -not the amount of development potential . What kind of density/infrastructure analysis would be needed? -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, November 16, 2005 4:02 PM To: Clayton, Gina; Delk, Michael Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Gina: As promised I am getting back with you on Ordinance 7449-OS on your agenda and its consistency with the Countywide Rules As you know, we had a letter prepared earlier on, but I wanted to discuss the issue with you before we said that it was inconsistent. After talking with you, reviewing Beach by Design, the proposed ordinance, the existing ordinance, the Downtown Redevelopment Plan, and the Countywide Rules we have determined that the amendment in Section 49 of the ordinance is inconsistent with the Countywide Rules. Specifically: "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. " Beach by Design, the "governing plan" in this case does not make specific reference to the provision for the use of TDRs. It does say (on page 57) that TDRs are available, but does not go into specifics concerning what a parcel would be allowed to receive. In contrast (and I might add consistently) the Downtown Redevelopment Plan is very specific.relative to the 20% limitation, or lack thereof (Policy 7, page 52 and Strategy 5, page 217). In order for this to be considered consistent with the Countywide Rules, Beach by Design would require specific provisions for exceeding the 20% receiving parcel limit, and would need to analyze the impact this would have relative to density, infrastructure and the other items that are discussed in a special area plan such as Beach by Design. Please let me know if you'd like to discuss this item further. I will follow this email up with a letter. Thank you. Mike Crawford, AICP Planning Manager 3/7/2006 Page 3 of 3 Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton(cmyClearwater.corn] Sent: Monday, November 07, 2005 4:06 PM To: Crawford, Michael C Cc: Mike.Reynolds@myClearwater.com Subject: Revised Final Ordinance Importance: High Here is the latest ordinance. Thanks.! «FINAL ORDINANCE NO. 7449-05, WITH TITLE EDIT in aerial font.doc» Gina L. Clayton Assistant Planning Director City of Clearwater gina. cayton@myc learwater. com 727-562-4587 3/7/2006 ~. ~ • Page 1 of 2 c.' Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 2:01 PM To: Reynolds, Mike Subject: FW: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules this may be contained in another a-mail I sent you - if you don't have -its for the Code 1 file. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Thursday, November 17, 2005 7:56 AM To: Clayton, Gina Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Understanding that the overall "existing development rights" will not change in the total of Beach by Design, relative to infrastructure we would need at least a discussion of the non-impact to the overall area. Also, we would need a discussion of the potential impact to a particular character district. The original submission discussed water, sewer, and traffic (with a study) and was more specific than just the overall impact. That is, would the infrastructure in one area now be compromised with what you would expect after the transfer. Of course, to start the discussion would be what you expect to be received (# of units) and where it will likely come from. Just so that we don't have any confusion in the future it would also be good to reference your TDR section in the LDRs and so that it is clear that the other limitations and allowances are understood (e.g., no development rights can be transferred from already developed parcels or from outside the CHHA into the Beach by Design area). If we need to dig into this further I'd be glad to if it helps. Mike From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, November 16, 2005 4:58 PM To: Crawford, Michael C; michael.delk@MyClearwater.com Cc: Healey, David P; Schoderbock, Michael D; Pam.Akin@myClearwater.com Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Mike -The development rights already exist within the area of Beach by Design. We are just moving where these can be built - not the amount of development potential . What kind of density/infrastructure analysis would be needed? -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, November 16, 2005 4:02 PM To: Clayton, Gina; Delk, Michael Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Gina: As promised I am getting back with you on Ordinance 7449-OS on your agenda and its consistency with the Countywide Rules. As you know, we had a letter prepared earlier on, but I wanted to discuss the issue with you before we said that it was inconsistent. After talking with you, reviewing Beach by Design, the proposed ordinance, the existing ordinance, the Downtown Redevelopment 3/7/2006 Page 2 of 2 L~ Plan, and the Countywide Rules we have determined that the amendment in Section 49 of the ordinance is inconsistent with the Countywide Rules. Specifically: "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. " Beach by Design, the "governing plan" in this case does not make specific reference to the provision for the use of TDRs. It does say (on page 57) that TDRs are available, but does not go into specifics concerning what a parcel would be allowed to receive. In contrast (and I might add consistently) the Downtown Redevelopment Plan is very specific.relative to the 20% limitation, or lack thereof (Policy 7, page 52 and Strategy 5, page 217). In order for this to be considered consistent with the Countywide Rules, Beach by Design would require specific provisions for exceeding the 20% receiving parcel limit, and would need to analyze the impact this would have relative to density, infrastructure and the other items that are discussed in a special area plan such as Beach by Design. Please let me know if you'd like to discuss this item further. I will follow this email up with a letter. Thank you. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Cla on m~Clearwater.com] Sent: Monday, November 07, 2005 4:06 PM To: Crawford, Michael C Cc: Mike.Reynolds@myClearwater.com Subject: Revised Final Ordinance Importance: High Here is the latest ordinance. Thanks.! «FINAL ORDINANCE NO. 7449-05, WITH TITLE EDIT in aerial font.doc» Gina L. Clayton Assistant Planning Director City of Clearwater gina. Clayton@myclearwater. com 727-562-4587 3/7/2006 • ~ Page 1 of 2 Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 2:03 PM To: Reynolds, Mike Subject: FW: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules For the File if this is not contained in other a-mails I sent you. Thanks. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, November 16, 2005 4:02 PM To: Clayton, Gina; Delk, Michael Cc: Healey, David P; Schoderbock, Michael D Subject: RE: Revised Final Ordinance 7449-05, Consistency with the Countywide Rules Gina: As promised I am getting back with you on Ordinance 7449-OS on your agenda and its consistency with the Countywide Rules. As you know, we had a letter prepared earlier on, but I wanted to discuss the issue with you before we said that it was inconsistent. After talking with you, reviewing Beach by Design, the proposed ordinance, the existing ordinance, the Downtown Redevelopment Plan, and the Countywide Rules we have determined that the amendment in Section 49 of the ordinance is inconsistent with the Countywide Rules. Specifically: "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. " Beach by Design, the "governing plan" in this case does not make specific reference to the provision for the use of TDRs. It does say (on page 57) that TDRs are available, but does not go into specifics concerning what a parcel would be allowed to receive. In contrast (and I might add consistently) the Downtown Redevelopment Plan is very specific.relative to the 20% limitation, or lack thereof (Policy 7, page 52 and Strategy 5, page 217). In order for this to be considered consistent with the Countywide Rules, Beach by Design would require specific provisions for exceeding the 20% receiving parcel limit, and would need to analyze the impact this would have relative to density, infrastructure and the other items that are discussed in a special area plan such as Beach by Design. ' Please let me know if you'd like to discuss this item further. I will follow this email up with a letter. Thank you. Mike Crawford, AICP Planning Manager Pinellas Planning Council -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton a~myClearwater.coml Sent: Monday, November 07, 2005 4:06 PM To: Crawford, Michael C Cc: Mike.Reynolds@myClearwater.com Subject: Revised Final Ordinance Importance: High Here is the latest ordinance. Thanks.! 3/7/2006 Page 2 of 2 ~:! «FINAL ORDINANCE NO. 7449-05, WITH TITLE EDIT in aerial font.doc» Gina L. Clayton Assistant Planning Director City of Clearwater gina. Clayton@myclearwater. com 727-562-4587 3/7/2006 \~ Reynolds, Mike From: Clayton, Gina Sent: Tuesday, March 07, 2006 2:03 PM To: Reynolds, Mike Subject: FW: Revised Final Ordinance Code 1 . -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, November 09, 2005 2:22 PM To: Clayton, Gina. Subject: RE: Revised Final Ordinance ' Thanks for the attachment - it reads much better than the first. We will review it for consistency with the Countywide Rules and get back to you ASAP. Mike Crawford -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Monday, November 07, 2005 4:06 PM To: Crawford, Michael C Cc: Mike.Reynolds@myClearwater.com Subject: Revised Final Ordinance Importance: High Here is the latest ordinance. Thanks.! « FINAL ORDINANCE N0. 7449-05, WITH TITLE EDIT in aerial font.doc » Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclearwater.com 727-562-4587 1 ~PWELLA•S l PLANNING v COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160--- --- Telephone 727.464.8250 • Fax 727:464.8212 • www.co.pinellas.fl.us/ppc November 18, 2005 Ms. Gina Clayton, Assistant Planning Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 RE: Review of Proposed Community Development Code Amendments (Ordinance No. 7449-OS) for Consistency with the Countywide Rules Dear Ms. Clayton: David P. Healey, AICP Executive Director We are in receipt of your letter dated October 25, 2005, regarding the proposed amendments to the City's Community Development Code referenced above. As per our conversation and pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed amendments for consistency with the Countywide Rules as follows: • The proposed amendment of the ISR/FAR for the Residential Low Future Land Use category under the LMDR Zoning District is consistent with the Countywide Rules, specifically Section 4.2.3 Density/Intensity Standards. • The proposed amendment of the ISR for the Commercial General Future Land Use category under the C Zoning District is consistent with the Countywide Rules, specifically Section 4.2.3 Density/Intensity Standards. • The proposed amendment to add the ResidentiaUOffice General Future Land Use category as a consistent category with the MDR Zoning District is consistent with the Countywide Rules, specifically Section 4.2.3 Density/Intensity Standards and Section 4.2.4 Use/Locational Characteristics. • The proposed amendment regarding exceeding the 20% limit on Transferable Development Rights (TDRs) in the area controlled by Beach by Design is inconsistent with the Countywide Rules. After talking with you, reviewing Beach by Design, the proposed ordinance, the existing ordinance, the Downtown Redevelopment Plan, and the Countywide Rules we have determined that the ..,. ~ ~~ "~ ~ !~ ; ~~ a ~s' (~01~! 2 3 200 T,.~ ~, .r.,~, PLANNIN~:a F. DEVELOPPAENT SERVICES UNCIL MEMBERS ounziimemb~er'bavid W. "Bill" Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra L. Bradbury, Treasurer Mayor Jerry Beverland, Secretary Mayor Beverley Billiris Commissioner Bob Hackworth Mayor Dick Holmes Mayor Robert E. Jackson, Ph.D. Vice-Mayor Jerry Knight School Board Member Linda S. Lerner Vice-Mayor Deborah L. Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson PLANNING FOR THE P[NELLAS COMMUNITY ,~: - ! ~ .,_? "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. " Beach by Design, the "governing plan" in this case does not make specific reference to the provision for the use of TDRs. It does say (on page 57) that TDRs are available, but does not contain specific language concerning what a parcel would be allowed to receive or where the density would be derived. In contrast (and I might add as consistently provided for) the Downtown Redevelopment Plan is very specific relative to the 20% limitation, or lack thereof (Policy 7, page 52 and Strategy 5, page 217). In order for this to be considered consistent with the Countywide Rules, Beach by Design would- require specific provisions for exceeding the 20% receiving . parcel limit, and would need to analyze the impact this would have relative to amount of density from both sending and receiving parcels, infrastructure and the other items that are discussed in the Beach by Design special area plan and required by the Countywide Rules, especially with regard to specific impacts in the smaller area attributable to each "Character District." Further, any changes to the CRD special area plan must be submitted to the PPC for review and may either be reviewed as substantive, requiring public hearings, or as anon-substantive review requiring only receipt and acceptance by the PPC and Countywide Planning Authority. • The additional amendments to the City's Community Development Code, changing setbacks, lot area, and lot widths, and other minor changes to development standards, are not governed by the consistency criteria of the Countywide Rules and therefore not subject to the consistency provisions. Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, Michael C. Crawfor AIC Planning Manager cc: Councilmember Hoyt Hamilton, PPC Representative ,~~~-~~~ -, . ~ , ~ ~~OV 2 3 2005 ' L~ ~ . l_.._... --l PLANNING & DEVELOPMENT SERVICES C<-~ Off' CLEARWATER ` H:\USERS\WPDOCSUtULES\Consistency Detemtinations\CLEARWA'I~CD053.clw.doc