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TA2007-09002 ?rrs 41 PLANNING DEPARTMENT September 25, 2007 CITY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 Mr. David Healey, AICP Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, F133755 Re: Draft Ordinance No. 7884-07 (ITEM NO.: TA2007-09002) Dear Mr. Healey: Pursuant to Div.3.2 CONSISTENCY REQUIREMENT of The Countywide Plan Rules, the City of Clearwater is submitting a set of proposed amendments to the City of Clearwater Community Development Code for your receipt and for consistency review. These proposed amendments are scheduled for a public hearing by the local planning agency on October 16, 2007. The City Council first reading date is October 17, 2007, and second reading date is November 1, 2007. Yours truly, Catherine W. Porter, AICP Long Range Planning Manager cc: Gina Clayton, Assistant Planning Director S: (Planning DepartmentlCommunity Development Code12007 Code AmendmentslT42007-09002Fractional OwnershiplTA2008-09002Letter to PPC.doc FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" N c 1 O t 1 i • ORDINANCE NO. 7884-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF "FRACTIONAL OWNERSHIP" AND REVISING FOR CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING UNIT", "INTERVAL OWNERSHIP/TIMESHARING UNIT", AND "RESIDENTIAL USE" AS RELATES TO THE USE OR OCCUPANCY OF DWELLING UNITS LOCATED ON RESIDENTIALLY ZONED PROPERTY FOR USE AS FRACTIONAL OWNERSHIP, INTERVAL OWNERSHIP OR TIMESHARING UNITS; AMENDING THE DEFINITION OF "OVERNIGHT ACCOMMODATIONS" TO ADDRESS MEMBERSHIP GROUPS AND MEMBERS OF ASSOCIATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a purpose of the City of Clearwater Community Development Code is to preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102 and provisions of Article 2, Zoning Districts, regarding the intent and purpose of the residential zoning districts; and WHEREAS, historically, the City of Clearwater Code of Ordinances has not permitted the interval ownership, fractional ownership, or timeshare use of dwelling units in traditional residential neighborhoods; and WHEREAS, conflict occurs when such uses, which are not traditional residential uses, operate in residential neighborhoods; and WHEREAS, the peace, safety and welfare of residents and owners in residential zoning districts may be detrimentally affected by such uses and negative community impacts can be generated by such uses; and WHEREAS, the Clearwater Comprehensive Plan generally separates non- residential from residential uses in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and Ordinance No. 7884-07 J q 0 0 WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 8-102, Code of Ordinances, is amended to read as follows: Sec. 8-102. Definitions. For the purposes of this Development Code, the following words and terms have the meanings specified herein: Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, and complete kitchen facilities. A dwelling unit located ' on residentially zoned property shall be used only for a residential use, unless otherwise specified and shall not be used or occupied in interval ownership, in fractional ownership, or as a timesharing unit. Fractional ownership means the ownership in fee simple of a portion of a unit where title to the unit is divided by time interval, whether or not the unit is occupied by the fractional owner or by the public, by members of a membership group, or by members or an association. No dwelling unit located on residentially zoned property shall be used or occupied in fractional ownership. Interval ownership/timesharing unit means an overnight accommodation, the ownership or contractual use of which is for a specified period of time, designed to be utilized as a temporary place of residence and counted as a hotel room for the purpose of applying the density standards of this development code. No dwelling unit located on residentially zoned _property_shall be_used _or occupied in interval ownership or as a timesharing unit. Overnight accommodations means any use that provides transient lodging accommodations to the public, a membership group, or members of an association, including interval ownership. Allowable accessory uses shall be integral to the principal use and may include, but shall not be limited to, offices, restaurants and retail provided such uses are integral to the primary use. 2 Ordinance No. 7884-07 Residential use means a permanent place of residence for a family. A residential use located ' on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less. A residential use located on residentially zoned property shall not include an interval ownership, a fractional ownerhip, or a timesharing unit. Section 2. 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 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 17, 2007 November 1, 2007 r Frank V. Hibbard . Mayor Approved as to form: Leslie K. Dougall-Si Assistant City Attorne Attest: LA& Cy is E. Goudeau City lerk 3 Ordinance No. 7884-07 1 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 8-102 relating to fractional ownership and similar uses of residentially zoned property and overnight accommodations and pass Ordinance No. 7884-07 on first reading. SUMMARY: This Ordinance amends the Definitions Section of the Community Development Code, Section 8-102, by adding a definition of "fractional ownership" and revising certain other definitions to clarify that fractional ownership, interval ownership, and timesharing units are not permitted uses for residentially zoned property, and to clarify that "overnight accommodations" includes lodging offered to membership groups and members of associations in addition to the public at large. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Bid Required?: C Other Bid / Contract: No to 1101 Annual Operating Cost: Total Cost: Bid Number: Bid Exceptions None Review Approval: 1) Clerk Z:x CDB Meeting Date: Case Number: Agenda Item: CITY OF CLEARWATER STAFF REPORT TEXT AMENDMENT REQUEST: i October 16, 2007 TA2007-09002 FF=2 0 Amendments to the Community Development Code - Ordinance No. 7884-07 INITIATED BY: City of Clearwater, City Attorney's Office BACKGROUND INFORMATION: This Ordinance adds a definition of "Fractional Ownership" and amends several existing definitions contained in the Definitions Section, 8-102, of the Community Development Code. It has become necessary to clarify that such uses as fractional ownership, interval ownership, and timeshare units are not appropriate or permitted on residentially zoned property. ANALYSIS: Proposed Amendments: Proposed Ordinance No. 7884-07 includes the following amendments: 1. Adds definition of "fractional ownership". 2. Amends definition of "dwelling unit" to clarify that dwelling units located on residentially zoned property shall not be used or occupied in fractional ownership, interval ownership, or as timesharing units. 3. Amends definition of "interval ownership/timesharing unit" to clarify that dwelling units located on residentially zoned property shall not be used or occupied in interval ownership or as a timesharing unit. 4. Amends definition of "residential use" to clarify that a residential use located on residentially zoned property shall not be used or occupied in fractional ownership, interval ownership, or as timesharing units. 5. Amends definition of "overnight accommodations" to include transient lodging accommodations offered to a membership group or members of an association as well as to the public. Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 1 4 . • J 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, Objectives and policies of the Comprehensive Plan. The proposed amendments are consistent with and further the following Goals, Objectives, and Policies contained within the Comprehensive Plan: Goal 2-- The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective 2.3-- The City shall encourage the implementation of historic overlay districts, the maintenance of existing historic properties, and the preservation of existing neighborhoods through the use of design guidelines and the implementation of the City's Community Development Code. Objective 3.2-- Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Map categories are further defined in Policy 3.2.1. Policy 3.2.1-- Land uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in a Table following the Policy. Residential Plan Classifications are listed on the Table as having Primary Uses of various types of Residential. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. These proposed amendments further the following purposes of the Code: Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: ... 2.Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 2 i?tl . • i7promoting development and redevelopment which will enhance the value of surrounding properties.... E. - It is the further purpose of this Development Code to:... 2. - Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city.... See also Sections 2-101, 2-201, 2-301, 2-401, and 2-501, Intent and Purpose Sections for Residential Zoning Districts, and Chart 2-100. 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. The Planning Department and City Attorney's Office recommend APPROVAL of Ordinance No. 7884-07 amending the Community Development Code in the manner described above. ATTACHMENT: Proposed Ordinance No. 7884-07 PREPARED BY: Office of the City Attorney Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 3 ? PINELLAS PLANNING COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida Telephone 727.464.8250 • Fax 727.464.8212 • ww? October 10, 2007 Ms. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 _ Vice-Mayor Sandra L. Bradbury, Chairman I S I Mayor Bob Hackworth, Vice-Chairman Mayor Beverley , Treasurer Vice-Mayor Jerry Knight, Secretary Vice-Mayor John Doran Councilmember David W. "Bill" Foster Mayor Pat Gerard a l s Mayor Dick Holmes School Board Member Linda S. Lerner Mayor Mary H. Maloof Commissioner John Morroni PLANNING $ DEVELOPMENT Mayor Jim Ronecker Mayor Andy Steingold sERVICEs CITY OF David P. Healey, AICP CLEARy?A7?EFf Executive Director RE: Review of Proposed Community Development Code Amendments (Ordinance No. 7884-07) for Consistency with the Countywide Rules Dear Ms. Porter: We are in receipt of your letter dated September 25, 2007, regarding the proposed amendments to the City's Community Development Code referenced above. 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 amendments to the Community Development Code, Article 8, Definitions and Rules of Construction, adding a definition of "fractional ownership" and revising the definitions of "dwelling unit," "interval ownership/timesharing unit," "overnight accommodations," and "residential use" serve to prohibit interval ownership, fractional ownership, and timesharing activity in residential dwelling units and are consistent with the Countywide Rules. Amendment of the Countywide Rules is in process and is intended to account for modern trends affecting transient accommodation uses. Upon adoption, local standards for transient accommodations can be amended to allow higher transient accommodation density, but then must also be made consistent with the new provisions in the Countywide Rules. At two public hearings scheduled for October 2"d and 16th, the Countywide Planning Authority will consider proposed changes including changing the term "transient accommodation" to "temporary lodging" and adding provisions which require local governments wishing to take advantage of the proposed higher temporary lodging use densities to provide for a development agreement that addresses design considerations, concurrency management including MPO transportation methodology, and operational characteristics, including maximum length of stay. PLANNING FOR THE PINELLAS COMMUNITY • • Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, C'L ??? Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director H:\USERS\WPDOCS\RULES\Consistency Determinations\CLEARWATI CD07-2.clw.doc PINELLAS Y 016H16503794 PLANNING in U) COUNCIL TEMP--RETURN SERVICE ?V $00.37-3 ,- R 10/111/2007 600 Cleveland Street, Suite 850 a "led From 33756 Clearwater, Florida 33755-4160 Ll Ms. Catherine Porter, AICP Long Range Planning Manager j Off 1 + :. City of Clearwater 100 S. Myrtle Ave. PLANNI.v;. , DEVELOPMENT Clearwater, FL 33756 _ SE '!ICES FY OF Ci EARWAIFER 101 %la-MC-1 1toll 11111111111fill 1111111}111111111111111111111111111111till t • l ' A lC,l I(o Ib LC 0 0 A share obligation to the adjacent local government has been satisfied. The City may lace as a condition of a roval that the adjacent local government declare in a resolution, ordinance, or ecivalent document, its intent for the use of the conc6rrency funds to be paid by the applicant. i Areas EA's Trans ortatio Co 'currenc Management Areas TCMA's and Mul6moda/ Trans ortatio D'stricts MMTD's . Within the local TCMA's MTD's and/or T E 's the City hereby establishes a ro ortiona a fair-share asses meoit based on the expected costs and trans ortatio benefits of all the ro rammed improvements within that District and ased on the x cted trip, generation of the proposed development. M. Method for cost scalation. his Section contains a method to estimate rowth in costs th u h the cord utation of a three-year average of the actual cost growth rtes. T Ws will provide a growth rate that should be smoothed to avoid ov co ensatin for maior fluctuations in costs that have occurred due to sh erm material shortages. n Costn = [(1 + 0 x (Costo 1 Cost rowth3?LX Where: Cost = The cost of the im rD) /by ement in ear n, n t = Contin enc factor -/Will onl be a lied to ro'ects that have nc ad'usted for resent da costs usin a co arable contingency factor Cost 0 = The cost of th improvement in the c rrent ear Cost growth T growth rate of costs tl?e last three ears; n = The number f ears until the improvement is co structed. The three- r rowth rate is determined b the followin ormula: Cost ro = [Cost growth + Cost growth + Cost growth 3 1 -2 -3 -yr Where: Cost rowth The growth rate of costs over the last three years; C 4t growth i = The growth rate of costs in the previous year; 13 Ordinance No. 7718-06 0 `Clearwater CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, October 16, 2007 Time: 1:00 p.m. Place: 112 South Osceola Street, 3`d Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Revised 10/15/2007 Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). 'Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. * Make Us Your Favorite! -www.myclearwater.com/gov/depts/planning Community Development Board Consent Agenda - October 16, 2007 - Page 1 of 3 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Milam, Members Behar, Coates, Dame, Tallman, DiPolito, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 18, 2007 D. REQUEST FOR CONTINUANCE (Items 1-2): 1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade Level Two Application (Request for continuance to November 20, 2007) Owner/Applicant: Peter Pan Developments, LLC, Petrit Meroli, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. Representative: Sherry Bagley and/or Bill Woods, Woods Consulting (1714 County Road 1, Suite 22, Dunedin, FL 34698; phone: 727-786-5747; fax 727-786-7479; e-mail: sbagley_(a),woodsconsulting_org). Location: 0.618 acres located at the northeast and southeast corner of the intersection of Bay Esplanade and Somerset Street. Atlas Page: 258A. Zoning District: Tourist (T) District - Old Florida. Request: Flexible Development approval to construct a 4,062 square foot multi-use dock facility to provide 16 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75 percent of the lot width (93.75 feet) to 111 percent of the lot width (139 feet) under the provisions of Section 3-601.C.3. Proposed Use: Multi-use dock of 4,062 square feet for 16 slips, in conjunction with a 16-unit attached dwelling (condominium). Neighborhood Association: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphy@aol.com); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. 2. Case: TA2007-01001 Amendments to the Community Development Code Level Three Application (Request for continuance to November 20, 2007) Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site features, revising tree protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, providing for the layout of streets to be in a grid system, improving site plan review submittal requirements, making the Code consistent with Federal, State, and County law or rules, establishing a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. Community Development Board Consent Agenda - October 16, 2007 - Page 2 of 3 E. CONSENT AGEND,&he following cases are not contee'd by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1- 2): 1. Case: FLD2007-07026 - 809 Palm Bluff Street Level Two Application Owner: Cheryl Trueblood. Applicant/Representative: Warren S. Williams (14683 Pine Glen Circle, Lutz, FL 33559; phone: 813-977-6067). Location: 0.115-acre parcel on the south side of Palm Bluff Street approximately 400 feet east of the intersection of North Myrtle Avenue and Palm Bluff Street. Atlas Page: 269A. Zoning District: Medium Density Residential (MDR) District. Request: Flexible Development approval to permit the construction of a detached dwelling in the Medium Density Residential, (MDR) District with a reduction to the front (north) setback from 25 feet to 14.49 feet, as a Residential Infill Project, under the provisions of Section 2-304.G. Proposed Use: Detached Dwelling. Neighborhood Associations: Clearwater Neighborhoods. Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood Association (Kathy Milam, President, 1828 Venetian Point Drive, Clearwater, FL 33755). Presenter: A. Scott Kurleman, Planner II. 2. Case: TA2007-09002 Amendments to the Community Development Code Level Three Application Applicant: City of .Clearwater, Planning Department. Request: Amendments to the Community Development Code adding a definition of fractional ownership and revising for clarification purposes the definitions of dwelling unit, interval ownership/timesharing unit, overnight accommodations and residential use. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Leslie Dougall-Sides, Assistant City Attorney F. DIRECTOR'S ITEM (Item 1): 1. Holiday Luncheon G. ADJOURNMENT S:• Planning DepartmentlCD BUgendas DRC & CDBICDB12007110 October 16, 20071CDB Consent Agenda October 16, 2007.doc Community Development Board Consent Agenda - October 16, 2007 - Page 3 of 3 LL 0 } earwa er Revised 10/11/2007 0 AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, October 16, 2007 Time: 1:00 p.m. Place: 112 South Osceola Street, 3`d Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be, administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. Make Us Your Favorite! www.myclearwater.com/ og v/depts/planning Community Development Board Agenda - October 16, 2007 - Page 1 of 3 0 • A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Milam, Members Behar, Coates, Dame, Tallman, DiPolito, Alternate Member Dennehy, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 18, 2007 D. REQUEST FOR CONTINUANCE (Item 1): 1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade Level Two Application (Request for continuance to November 20, 2007) Owner/Applicant: Peter Pan Developments, LLC, Pettit Meroli, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. Representative: Sherry Bagley and/or Bill Woods, Woods Consulting (1714 County Road 1, Suite 22, Dunedin, FL 34698; phone: 727-786-5747; fax 727-786-7479; e-mail: sbagleyna woodsconsulting.org). Location: 0.618 acres located at the northeast and southeast corner of the intersection of Bay Esplanade and Somerset Street. Atlas Page: 258A. Zoning District: Tourist (T) District - Old Florida. Request: Flexible Development approval to construct a 4,062 square foot multi-use dock facility to provide 16 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75 percent of the lot width (93.75 feet) to 111 percent of the lot width (139 feet) under the provisions of Section 3-601.C.3. Proposed Use: Multi-use dock of 4,062 square feet for 16 slips, in conjunction with a 16-unit attached dwelling (condominium). Neighborhood Association: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphyna,aol.com); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. E. LEVEL TWO APPLICATION (Item 1): Case: FLD2007-07026 - 809 Palm Bluff Street Level Two Application Owner: Cheryl Trueblood. Applicant/Representative: Warren S. Williams (14683 Pine Glen Circle, Lutz, FL 33559; phone: 813-977-6067). Location: 0.115-acre parcel on the south side of Palm Bluff Street approximately 400 feet east of the intersection of North Myrtle Avenue and Palm Bluff Street. Atlas Page: 269A. Zoning District: Medium Density Residential (MDR) District. Request: Flexible Development approval to permit the construction of a detached dwelling in the Medium Density Residential, (MDR) District with a reduction to the front (north) setback from 25 feet to 14.49 feet, as a Residential Infill Project, under the provisions of Section 2-304.G. Proposed Use: Detached Dwelling. Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood Association (Kathy Milam, President, 1828 Venetian Point Drive, Clearwater, FL 33755). Presenter: A. Scott Kurleman, Planner II. Community Development Board Agenda - October 16, 2007 - Page 2 of 3 + F. LEVEL THREE APPLRTIONS (Items 1-2): is 1. Case: TA2007-01001 Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site features, revising tree protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, providing for the layout of streets to be in a grid system, improving site plan review submittal requirements, making the Code consistent with Federal, State, and County law or rules, establishing a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. 2. Case: TA2007-09002 Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code adding a definition of fractional ownership and revising for clarification purposes the definitions of dwelling unit, interval ownership/timesharing unit, overnight accommodations and residential use. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Leslie Dougall-Sides, Assistant City Attorney G. DIRECTOR'S ITEM (Item 1): 1. Holiday Luncheon H. ADJOURNMENT S: (Planning Department)C D BlAgendas DRC & CDBICDM2007M September 18, 20071CDB Agenda October 16, 2007.doc Community Development Board Agenda - October 16, 2007 - Page 3 of 3 • op "Clearwater U Interdepartmental Correspondence Sheet TO: FROM: Community Development Board Members Neil Thompson, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist; Sue Diana, Assistant City Clerk; Brenda Moses/Pat Sullivan, Board Reporters SUBJECT: Agenda Items for October 16, 2007 DATE: October 11, 2007 CDB packets being distributed on contain the following items: Agenda Site investigation form Unapproved minutes of previous meeting September 18, 2007 CONTINUED ITEM (Item 1): 1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade Level Two Application (Item 1) 1. Case: FLD2007-07026 - 809 Palm Bluff Street Level Three Applications (Items 1-2) 1. Case: TA2007-01001 Amendments to the Community Development Code 2. Case: TA2007-09002 Amendments to the Community Development Code DIRECTOR'S ITEM (Item 1) 1. Holiday Luncheon S:IPlanningDepartment)CD BlAgendas DRC & CDBICDBI2007110 October 16,200M Cover MM010.16.2007.doe • NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7884-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF "FRACTIONAL OWNERSHIP" AND REVISING FOR CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING UNIT", "INTERVAL OWNERSHIP/TIMESHARING UNIT", "OVERNIGHT ACCOMMODATIONS", AND "RESIDENTIAL USE" AS RELATES TO THE USE OR OCCUPANCY OF DWELLING UNITS LOCATED ON RESIDENTIALLY ZONED PROPERTY FOR USE AS INTERVAL OWNERSHIP OR TIMESHARING UNITS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, October 16, 2007 before the Community Development Board, at 1:00 p.m. Thursday, November 15, 2007 before the City Council (1st Reading), at 6:00 p.m. Thursday, December 6, 2007 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA2007-09002 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. City of Clearwater Cynthia E. Goudeau, MMC P.O. Box 4748 City Clerk Clearwater, FI 33758-4748 To learn more about presenting to Clearwater boards and City Council, go to htto://clearwater.ciranicus.com/ViewPubiisher.i)hr)?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 10/4/07 & 11123/07 Porter, Catherine From: Clayton, Gina Sent: Wednesday, September 26, 2007 12:01 PM To: Dougall-Sides, Leslie Cc: Porter, Catherine Subject: RE: Text Amendment Ads for Review That date is great. The CDB packets don't go out until around Oct. 8th. Thanks. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, September 26, 2007 11:50 AM To: Clayton, Gina Subject: RE: Text Amendment Ads for Review Yes; what is the deadline to get it to you? I will also be putting 7884-07 into MuniAgenda by Monday, Oct. 1. -----Original Message----- From: Clayton, Gina Sent: Wednesday, September 26, 2007 11:10 AM To: Dougall-Sides, Leslie Subject: FW: Text Amendment Ads for Review Are you preparing a staff report for the fractional ownership ordinance? Thanks. -----Original Message----- From: Sprague, Nicole Sent: Wednesday, September 26, 2007 11:08 AM To: Call, Rosemarie; Clayton, Gina; Dougall-Sides, Leslie; Harriger, Sandy; Hollander, Gwen; Matthews, Douglas E.; Phillips, Sue; Porter, Catherine; Thompson, Neil; Watkins, Sherry Cc: Call, Rosemarie; Gilmore, Stephanie Subject: Text Amendment Ads for Review Attached please find the two Text Amendment Ads for the upcoming CDB meeting on October 16. Please review and let me know of any changes or corrections by tomorrow at 10:00 a.m. Please note, the same map applies to both ads. Thanks. << File: TA2007-01001, Ord 7835-07.doc >> << File: TA2007-09002, Ord 7884-07.doc >> << File: Clearwater City Boundary Map.pdf >> Nicole Sprague City Clerk Specialist Office of Official Records & Legislative Services 562-4097