TA2011-10003 - AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE �,
,,
Case: TA2011-10003— Amendments to
the Community Development Code
Item : E-1
Planner: Cate Lee, Planner III
Community Development Board – January 17, 2012
TA2011-10003 – Page 1
CDB Meeting Date: January 17, 2012
Case Number: TA2011-10003
Ordinance Number: 8311-12
Agenda Item: E.2 (Related to E.1)
CITY OF CLEARWATER
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code – Ordinance No.
8311-12
INITIATED BY: Inland Southeast Clearwater Development, LLC
BACKGROUND:
At the July 19, 2011 Community Development Board meeting, the Board denied a Flexible
Development application (FLD2011-04017) involving a proposed charter school to be located on
a property, 21810 US Highway 19 North, classified as Commercial General (CG) on the Future
Land Use Map and in the Commercial (C) Zoning District. The primary reason for this denial
was that the Community Development Code does not list schools as a permitted use in the
Commercial (C) District (Article 2, Division 7) and the Clearwater Comprehensive Plan does
not permit schools in the Commercial General (CG) Future Land Use Map classification.
After discussions with the applicant’s representatives, Planning and Development Department
staff agreed to support an application for a text amendment to the Community Development
Code which adds schools as an allowable use in the Commercial (C) District, provided certain
criteria are met at the flexible standard development or flexible development approval levels. On
November 1, 2011 Inland Southeast Clearwater Development, LLC submitted applications for a
text amendment to the Community Development Code and a Comprehensive Plan amendment,
which is being processed concurrently with this case (see CPA2011-10002).
ANALYSIS:
Proposed Ordinance No. 8311-12 includes the following amendments:
1. Adds schools to the list of permitted uses in the Commercial (C) District (Chart 2-100,
Permitted Uses).
2. Adds the schools use to the Commercial (C) District as a flexible standard development
use, and adds flexibility criteria addressing side and rear setbacks, location, compatibility
and traffic circulation (e.g., drop-off areas and site access) (see pages 4-5 of proposed
ordinance).
Community Development Board – January 17, 2012
TA2011-10003 – Page 2
3. Adds the schools use to the Commercial (C) District as a flexible development use, and
adds flexibility criteria addressing lot size and area, setbacks, location, compatibility and
traffic circulation (see page 7 of proposed ordinance).
4. Amends the definition of school to include charter schools approved by the Pinellas
County School Board pursuant to 1002.33 Florida Statutes.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and
Policy which will be furthered by the proposed Code amendments:
Goal A.2 A sufficient variety and amount of future land use categories shall be
provided to accommodate public demand and promote infill development.
Allowing schools in the Commercial (C) District will accommodate the exhibited public
demand for charter schools in commercial categories. This may also promote infill
development, as it expands allowable uses.
Objective A.2.2 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 #A.2.2.1 below.
The proposed text amendment will create implementation criteria for schools in the
Commercial (C) District in new future land use classifications being proposed through
CPA2011-10002.
Policy J.1.2.7 Consistent with Sections 1002.33(1) and 1002.33(2), F.S., the City and the
School District shall recognize charter schools as public school facilities.
Such facilities shall serve to expand the school capacity of the School
District and are a potential option for mitigating the impact that new
Residential Approvals may have on public school facilities.
Allowing schools in the Commercial (C) District will provide more choice for charter
schools, which are recognized as public school facilities, to locate. Charter schools generally
have different operating characteristics, such as smaller student enrollment and targeted
disciplines, which may mean that smaller buildings and campuses are needed, atypical of the
large acreage requirements of traditional public schools and properties typical of the
Institutional (I) Zoning District.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the Community Development
Code in that it will be consistent with the following purposes set forth in Section 1 -103.
• It is further the purpose of this Development Code to 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
(CDC Section 1- I03.E.2).
The amendment will allow schools within the Commercial (C) District, but in such a way
that establishes reasonable standards, while lending the potential for economic stability of
properties that may otherwise remain vacant.
• It is further the purpose of this Development Code to establish permitted uses
corresponding with the purpose and character of the respective zoning districts and limit
uses within each district to those uses specifically authorized (CDC Section 1 -103. E. 9).
• It is further the purpose of this Development Code to establish use limitations for
specified uses consistent with the zoning district in which they are allowed and the
particular characteristics of such specified uses (CDC Section 1- 103.E.10).
A lthn,ialti thic nrnnnewr1 amPnrlrnnnt nCtnhltchPC crhnnlS nc nn nllnwnble. nse in the
Commercial (C) District, it also establishes limitations on that use as it will only be allowed
as a flexible standard development or flexible development approval that meets certain
criteria.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8311 -12 that amends the Community Development
Code.
Prepared by Plannin and Development Department Staff:
Ir -
Catherine Lee, Planner III
ATTACHMENT:
❑ ordinance No. 8311 -12
S.1Alanrzing Departtprent'Commzandt?r Development Code'Q011 Code .4mendpnents4T42 011 -10003 Charter 5chools'Staf%ReporhTA2011- 10003
Staff Report.doc
Community Development Board -- January 17, 2012
TA2011 -10003 s Page 3
Ordinance No. 8311-12
ORDINANCE NO. 8311-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY ADDING SCHOOLS
TO CHART 2-100 PERMITTED USES IN THE COMMERCIAL
DISTRICT; BY AMENDING TABLES 2-703 AND 2-704 AND SECTIONS
2-703.Q AND 2-704.Q, BY ADDING FLEXIBILITY CRITERIA RELATING
TO SCHOOLS IN THE COMMERCIAL DISTRICT; BY AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION,
SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITION OF
SCHOOLS TO PROVIDE CONSISTENCY WITH STATE REGULATIONS
REGARDING CHARTER SCHOOLS; CERTIFYING CONSISTENCY
WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes 1002.33 recognizes all charter schools in Florida as public
schools; and
WHEREAS, it is desirable to allow schools in the Commercial zoning district and to set
forth criteria for said schools; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X
Community residential homes X X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and or boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Cemeteries X
2 Ordinance No. 8311-12
Comprehensive infill
redevelopment project (CIRP) X X X X X X X
Congregate care X X X X
Convention center X
Educational facilities X X X X
Governmental uses X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X
Light assembly X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X
Medical clinic X X X X
Mixed use X X X X
Nightclubs, taverns and bars X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
storage X X
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X
Self-storage warehouse X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
3 Ordinance No. 8311-12
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
facility X
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-703, Table 2-703 and Section 2-703.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
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 Development Standards
Use
Min. Lot Area
(sq. ft.)
Min. Lot
Width (ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)*
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off-Street
Parking Spaces
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000
GFA
Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF
GFA
Educational Facilities 40,000 200 25 25 10 20 1 per 2 students
Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per
1,000 GFA
Indoor Recreation/Entertainment 5,000—10,000 50—100 25 25 10 20 3—5/1000 SF
GFA or 3—
5/lane, 1—
2/court or
1/machine
Medical Clinics 10,000 100 25 25 10 20 2—3/1,000
GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices 5,000—10,000 50—100 25—50 25 0—10 10—20 3—4 spaces
per 1,000
GFA>
Off-Street Parking 10,000 100 n/a 25 10 20 n/a
Outdoor Retail Sales, Display and/or 20,000 100 25 25 10 20 5 per 1,000 SF
4 Ordinance No. 8311-12
***********
Flexibility criteria:
***********
Q. Social and community centers.
Q. Schools.
1. The parcel proposed for development fronts on a major arterial street;
2. All off-street parking is located at least 200 feet from any property
designated as residential in the Zoning Atlas;
3. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise required;
4. Compatibility: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain adult uses, alcohol
beverage sales (package), nightclubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses,
alcohol beverage sales (package), nightclubs or problematic uses;
5. All outdoor lighting is designed and located so that no light fixture is within
200 feet from the nearest existing building used for residential purposes
and so that no light falls on residential property;
6. A drop-off area shall be provided that can accommodate a vehicle
stacking area adequate to meet the demand, based on the number of
Storage of outdoor
display area
Overnight Accommodations 20,000—
40,000
150—200 25—50 25 0—10 10—20 1 per unit
Places of Worship(2) 20,000—
40,000
100—200 25—50 25 10 20 .5-1 per 2 seats
Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a
Restaurants 5,000—10,000 50—100 25—35 25 0—10 10—20 7—15 spaces
per 1,000 GFA
Retail Sales and Services 5,000—10,000 50—100 25-35 25 0—10 10—20 4—5 spaces per
1,000 GFA
Schools 40,000 200 25 25 0-10 10-20 1 per 3 students
Social and Community Centers 3,500—10,000 35—100 25—35 25 0—10 10—20 4—5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a
Vehicle Sales/Displays 20,000—
40,000
150—200 25 25 10 20 2.5 spaces per
1,000 of lot
sales area
Veterinary Offices or Animal
Grooming and Boarding
10,000 100 25 25 10 20 4 spaces per
1,000 GFA
5 Ordinance No. 8311-12
students, the grade levels, and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adjacent
to a sidewalk or landing area which connects to the main entrance of the
school;
7. A circulation plan shall be submitted by the applicant that demonstrates
how students will access the site from adjacent roadways and once on
site, ensures a safe flow of traffic that does not create conflicts between
student drop-off area, potential van and bus drop-off area, parking,
access driveway, pedestrian and bicycle paths on the site.
R. Social and community centers.
***********
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-704, Table 2-704 and Section 2-704.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
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.
Table 2-704. "C" District Flexible Development Standards
Use
Min. Lot Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height
(ft.)
Min.
Front
(ft.)
Min. Side
(ft.)
Min. Rear
(ft.)
Min. Off-Street
Parking
Alcoholic Beverage Sales 5,000—10,000 50—100 25 15—25 0—10 10—20 5 per 1,000 GFA
Comprehensive Infill
Redevelopment Project
n/a n/a n/a n/a n/a n/a Determined by the
community
development
coordinator based
on the specific use
and/or ITE
Manual standards
Indoor Recreation/Entertainment 3,500—10,000 30—100 25—50 15—25 0—10 10—20 3—5/1000 SF
GFA or 3—5/lane,
1—2/court or
1/machine
Light Assembly 5,000—10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
Limited Vehicle Service 5,000—10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
Marinas and Marina Facilities 5,000—20,000 50 25 25 10 20 1 space per 2 slips
Mixed Use 5,000—10,000 50—100 25—50 15—25 0—10 10—20 4—5 spaces per
1,000 GFA and 2
spaces per
residential unit
Nightclubs 5,000—10,000 50—100 25 15—25 0—10 10—20 10 per 1,000 GFA
Offices 3,500—10,000 30—100 25—50 15—25 0—10 10—20 3—4 spaces per
6 Ordinance No. 8311-12
1,000 GFA
Off-Street Parking 10,000 100 n/a 15—25 0—10 10—20 n/a
Outdoor Recreation/Entertainment 20,000 100 25 15—25 10 10—20 1—10 per 1,000
SQ FT of land
area or as
determined by the
community
development
coordinator based
on ITE Manual
standards
Overnight Accommodations 20,000—
40,000
100—200 25—50 15—25 0—10 10—20 1 per unit
Problematic Uses 5,000 50 25 15—25 10 10—20 5 spaces per 1,000
SF GFA
Restaurants 3,500—10,000 35—100 25—50 15—25 0—10 10—20 7—15 spaces per
1,000 GFA
Retail Sales and Services 3,500—10,000 30—100 25—50 15—25 0—10 10—20 4—5 spaces per
1,000 GFA
RV Parks 40,000 200 25 15—25 20 10—20 1 space per RV
space
Schools 30,000-40,000 100-200 25-50 15-25 0-10 10-20 1 per 3 students
Self Storage 20,000 100 25 15—25 10 10—20 1 per 20 units plus
2 for manager's
office
Social/Public Service Agencies(1) 5,000—10,000 50—100 25—50 15—25 0—10 10—20 3—4 spaces per
1,000 GFA
Telecommunication Towers 10,000 100 Refer to
section 3-
2001
25 10 20 n/a
Vehicle Sales/Displays 10,000—
40,000
100—200 25 15—25 10 10—20 2.5 spaces per
1,000 SQ FT of
lot area
Veterinary Offices or Grooming
and Boarding
5,000—10,000 50—100 25 15—25 0—10 10—20 4 spaces per 1,000
GFA
***********
Flexibility criteria:
***********
Q. Self Storage.
Q. Schools.
1. The parcel proposed for development fronts on a major arterial street;
2. All off-street parking is located at least 200 feet from any property
designated as residential in the Zoning Atlas;
3. Lot area and/or lot width: The reduction shall not result in a building which
is out of scale with existing buildings in the immediate vicinity;
4. Height.
7 Ordinance No. 8311-12
a. The increased height results in an improved site plan, landscaping
area in excess of the required minimum and/or improved design
and appearance;
b. The increased height will not materially reduce the vertical
component of view from a parcel of land which is designated as
low density residential in the Zoning Atlas;
5. Front setback: The reduction in front setback results in an improved site
plan or improved design and appearance;
6. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of any building by emergency vehicles;
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved design and appearance;
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise required;
7. Compatibility: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain adult uses, alcohol
beverage sales (package), nightclubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses,
alcohol beverage sales (package), nightclubs or problematic uses;
8. All outdoor lighting is designed and located so that no light fixture is within
200 feet from the nearest existing building used for residential purposes
and so that no light falls on residential property;
9. A drop-off area shall be provided that can accommodate a vehicle
stacking area adequate to meet the demand, based on the number of
students, the grade levels, and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adjacent
to a sidewalk or landing area which connects to the main entrance of the
school;
10. A circulation plan shall be submitted by the applicant that demonstrates
how students will access the site from adjacent roadways and once on
site, ensures a safe flow of traffic that does not create conflicts between
student drop-off area, potential van and bus drop-off area, parking,
access driveway, pedestrian and bicycle paths on the site.
R. Self storage.
***********
Section 4. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Community Development Code, is hereby amended as follows:
Section 8-102. Definitions.
***********
School means an elementary, middle, or high school, and exceptional learning center
and also includes charter schools approved by the Pinellas County School Board
pursuant to 1002.33 Florida Statutes.
***********
8 Ordinance No. 8311-12
Section 5. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 7. 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 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
.
S,�A�ai� C:11�Y U�'� I�LL-'�AKWA�1't',K
y`� ��� ��'� APPLICATION FOR A TEXT AMENDMENT TO �'HE
� — ¢ LAND DEVELOPMENT CODE
���',qrEp��'�� �NNICIPAL E RVICrES BUI DINE, OOOOUTHNMYRTLE AVENUE, 2"d FLOOR
PHONE(727) 562-4567 FAX (727)562-9576
All applicafions for text amendments to the land development code must be consistent wlth and further the goals,objectives and policies
of the Comprehensive Plan and further the purposes of the Community Development Code and other City ordinances and actlons deslgned
to lmplement the Plan.
APPLICANT, PROPERTY OWNERS,AND AGENT INFORMATION:
APPLICANT NAME Iniand Southeast Clearwater Development, LLC
MAI�ING ADDRESS 3300 Enterprise Parkway, Beachwood, OH 44122
PHONE NUMBER 2�6-755-6490 Fnx NuMBER ; 216-755-3490
PROPERTY OWNERS �nland Southeast Clearwater Development, LLC _
(List all owners)
AGENT NAME E.D.Armstrong, Esquire, Johnson, Pope, Bokor, Ruppel & Burns
MAILING ADDRESS 911 Chestnut Street, Clearwater, FL 33757
727-461-1818 727-441-8617
PHONE NUMBER FAX NUMBER :
TEXT AND DEVELOPMENT INFORMATION;
PROPOSED TEXT See attached Exhibit A
AMENDMENT:(use
addillonal paper ff necessary)
If thls appllcaUon is in conjunction wilh a development applicatlon,please provlde the following InformaUon:
'J9Rl1(1 I I C Ninh�ni��i 9Q Nnrfh
STREETADDRESS: `��"��" `�.". "'�"..�'� �v �.v,.�.
See attached Exhibit B
LEGAL DESCRIPTION:
7-29-16-16442-000-0020/7-29-16-16442-000-0030/7-29-16-16442-000-0040
PARCEL NUMBER:
SIZE OF SITE: �4.z aCl"@S
Shopping Center/Charter School
PROPOSED DEVELOPMENT:
_-. n .r(�
I/we, the undersigned,acknowledge that all STATE OF FL-BR�DA,COUNTY OF-PiNf-�-�A-S✓
representations made in this application Swom to and subscribed before me this �-S�� day of
are true and accurate fo the best of my �C�'e'�'�-r ,A.D.;�,�vi I fo me and/or
I<nowledge. by _ w-�—i 4�-�-�i ,who is personsily
� known has produced as
���_��� idenfification.
���� '
ignalu e o(applic I
��14',l� � l/4�-i�'`-�.�
Signature of applicanl or represenlative No(ary pubiic,
my commission explr s (p _�—�Z
5:appllcation forms/development review/text amendmenLdoc
k:\Drew Shopping CenterlPermitstiP.pplica(ion for Text Amendment to fhe Land Development Code.pd(
�5��;�T CITY OF CLEARi1VATER
�..�i- � AFFIDAVIT TO AUTHORIZE AGENT
9 � oe° PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
9�t'qT�RF�' �NNICIPAL SERVICES BLTILDING, 100 SOUTH ivIYRTLE AVENUE, 2nd FLOOR
PH01VE(727)-562-4567 FAX(727) 5G2-9576
Inland Southeast Clearwater Development, LLC
(Name of all property owners)
1. That(I am/we are)the owner(s)and record fitle holder(s)of the following described property:
Clearwater Collection Shopping Center located at 21800 U.S. Highway 19 North, Clearwater, Florida
(Address or General Locatlon)
2. That this property constitutes the property for which a request for a:
Comprehensive Plan Text Amendment and Revisions to the Community Development Code
(Nature o(requesl)
3. That the undersigned (has/have) appointed and (does/do)appoint E,D. Armstrong and Cynthia Tarapani
as(his/lheir)agenl(s)lo execu�e any petitions or ofher documents necessary lo affecl such petilion;
4. That this affidavit has been executed to induce the Cify of Clearwater, Florida to consider and act
�h„ „1.,, .-7.. riF,.,.-I nrt�
UII ll IG QVV,VG VGJl.II1JOU �IV��.1iy�
5. That(I/we), the undersigned authority, hereb certify th #�CFie f �egojng` e and correct.
�_ �s j9`�
/
�ropeff ner
Pr erty Owner
0��
STATE OF F�ORiDA,
COUNTY OF PINE�L-A-S- LJ'��``'�`-�`�C=`
c/
,�Before me lhe undersigned,an officer duly commissioned by tl��IaWG nf ihe State of�Iof1�on this �S fi-� d2y of
�'L��r.�� ZD I r personaliy appeared ``}o--��`4� �� ��-d�`��l who having been first duly s�rorr
deposes and says Ihaf he/she fully understands the conlen�s of the afridavit lhat he/she signed.
a,
/ ` i� �]
C,�-'�-�'Lc.l�, y ,t,�—
� Notary Public
My Commission Expires:
, r-
S:application formsldevzlopmenl reviewiAHidavif(o Aulhorize Agenl ��;,,jF���S�"���t�.��s.�-`'''�F�'
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EXHIBIT A
INLAND SOUTHEAST CLEARWATER DEVELOPMENT,LLC
COMMiTNITY DEVELOPMENT CODE TEXT AMENDMENT
Note: Additions to the Community Development Code are shown underlined; deletions axe
shown in * ''- +�,,.,,,,,,�, +ov+
ARTICLE 2. ZONING DISTRICTS
A. To Chart 2-100, Permitted Uses, add "Schools" as a permitted use in the Commercial, "C"
Zoning district.
B. To Section 2-703, Table 2-703, Flexible Standard Development Standards, add"Schoois" as
a Flexible Standard use with the following development standards:
Use Min. Lot Min. Lot Max. Min. Min. Side Min. Rear Min. Off-
Area Width Height Front (ft.) (ft.) Street
(sq. ft.) (ft.) (ft. (ft.) Parking
Spaces
Schools 40,000 200 30-40 25 0-10 10-20 1/3
students
C. Add the following Flexibility Criteria for "Schools"to Section 2-703 as new Item Q
Schools and re-letter the remaining criteria accordingly:
Q. Schools
1. The parcel proposed for development fronts on a maior arterial street;
2. All off=stree�arkin� is located at least 200 feet from any property desi�nated as
residential in the Zoning Atlas.
3 Hei�ht: the increased height results in an improved site plan, landscapin� areas in
excess of the minimum required and/or improved desi�n and appearance;
4. Side and rear setback:
a. The reduction in side and relr setback does not prevent access to the rear of any
buildin�bv emer�ency vehicles;
b. The reduction in side and rear setback results in an improved site plan, mare
efficient parking or improved desi n and appearance;
c. The reduction in side and rear setback does not reduce the amount of landscaped
area otherwise required.
5. All outdoor lightin�is designed and located so that no light fixture is within 200
feet from the nearest existina buildin�used for residential purposes and so that no
light falls on residential prope�-t�
October 28, 2011
6. Compatibility: if located within a mixed-use site the school is compatible with
the othe�ermitted uses on the site. If the school is a single use of the site the
school is com�atible with the adjacent uses.
7. The �roposed school does not result in conflicts in parking and circulation within
the overall site.
D. To Section 2-704, Table 2-704, Flexile Development Standards, add "Schools" as a Flexible
use with the following development standards:
Use Min. Lot Min. Lot Max. Min. Min. Side Min. Rear Min. Off-
Area Width Height Front (ft.) (ft.) Street
(sq. ft.) (ft.) (ft. (ft.) Parking
Spaces
Schools 30,000- 200 30-40 15-25 0-10 10-20 1/3
40,000 students
E. Add the following Flexibility Criteria for "Schools"to Section 2-704 as new Item Q
Schools and re-letter the remaining criteria accordingly:
. Schools
1. The�arcel�roposed for developinent fronts on a major arterial street;
2. Hei�ht: the increased height results in an improved site plan, landscapin� areas in
excess of the minimum required and/or improved desi�and appearance;
3 All outdoor li�htin�is desi�ned and located so that no li�ht fixture is within 200 feet
from the nearest existin� buildin�used for residential purposes and so that no li�ht falls
on residential property;
4. Front Setback: The reduced setback shall result in an improved site plan throu�h the
provision of a more efficient off-street parking area and/or improved buildin� design and
appearance;
S. Side and rear setbacks:
a. The reduction in side and rear setback does not prevent access to the rear of
any building by emer�ency vehicles;
b. The reduction in side and rear setback results in an improved site plan, more
efficient parkin or improved desi ng and appearance;
c. The reduction in side and rear setback does not reduce the amount of
landscaped area otherwise required;
6. Compatibility: if located witlun a mixed- use site, the school is compatible with
the other permitted uses on the site. If the school is a sin�le use of the site, the
school is compatible with the adjacent uses.
7. The school does not result in conflicts in parking and circulation within the
overall site.
October 28, 2011
ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION
Section 8-102-Definitions is amended by amending the definition of School as stated
below:
School means an elementary,middle, or high school, and exceptional learning center and also
includes those elementary middle or high schools which have been approved as charter schools
by the Pinellas County School Board pursuant to Florida Statutes 1002.33.
October 28, 2011
EXHIBIT B
INLAND SOUTHEAST CLEARWATER DEVELOPMENT,LLC
LEGAL DESCi2IPTION
.
-_. —- ------.-;-- ----_ , - - ----- ---
- ---- .
-- - ------�-----, ------ . -
• ,<�,' ,�, '--
Parcel 1 ' -
, , .
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` �1�,TER COLLECTION SECOND REPLAT,accordin8 tO P�
I,ots 2 and 3,TI�C,F.�'AR ,
��g recorded inpint$eok Y.U�,Pages 24 and 25,of the public records of Pindlas Coimty,
Florida,LESS Al�F����a riSht-of-way for U.S.High�vay 19,abutting said Pamtil on the
East. ---� ` `
-- ���
,'.' �� `,`,
, , ����� .,
Parccl2; � ' �
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Togct�,witli f�or's rights in those certain non-exclusive eascmtnts as reserval in D� i
�3ee�rd��Qfftcial Rocoids Book 1479,PaBe 95,and as created by that certain Easemant
�`�grxme�►i d�tod Novembcr 19, 1986 which.is attached as Eahfbit"A"to Assignment rocorded in
�'.�\,O�cial Re�ords Book 73 i9,pagc 993,of tho public records of Pincllas CuuntY,Florida,as
,, ,�catod by said assignmcIIt,for the gurposes sct forth thcrcin,ovcr and across the lands sd forth
,` ��
, .
__�ars�l 3
Togeth�r with Grantor's rights in those eettain non-exclusive�ts as created by that eertain
Draivag6 g,aseme�t Agr�ment recorded in Official Records Book 6618,gage 2I90,as affeetcd
by��nt�rec�orded in pfficiat Records Book 8629,page 152 and in Official Rocorcis Book
8681,page 394,of th�public records of Pinellas County,Florida,for tho pluposes s�t forth
therein,over and acxnss the lands set forth thercin,lcss and cxcept those portians convey�d,takcn
ar uscd for U.S.Highway 19.
TPA:353140:4
;
EXHIBIT C
INLAND SOUTHEAST CLEARWATER DEVELOPMENT,LLC
COMMUNITY DEVELOPMENT CODE AMENDMENT
STANDARDS FOR REVIEW
Compliance with Section 4-601.F
I. CONSISTENCY WITH COMPREHENSIVE PLAN
In accordance with the City of Clearwater's Community Development Code Section 4-
601.F, the proposed text amendment to the Development Code is evaluated for whether it
is consistent with and furthers the goals, policies and objectives of the Comprehensive
Plan.
The accompanying Comprehensive Plan text amendment to the Public School Facilities
Element revises Policy J2.1.3 by adding the Commercial General Plan Category as a
category in which Schools are an allowable use. This companion Development Code
amendment adds Schools to the Commercial zoning district which is the district
consistent with the Commercial General Plan Category. In addition, this Development
Code amendment establishes Schools as a Flexible Standard use under specific flexibility
criteria and as a Flexible Use under specific flexibility criteria in the Commercial zoning
district. The flexibility criteria of both types of development approval are consistent with
and fiirkher the locational criteria stated in Policies J.2.1.5 and J.2.1.6 of the Public
School Facilities Element. In summary, the proposed Development Code text
amendment is consistent with the City's Comprehensive Plan, specifically the Public
School Facilities Element.
II. FURTHERS THE COMMUNITY DEVELOPMENT CODE
In accordance with the City of Clearwater's Community Development Code Section 4-
601.F, the proposed text amendment to the Development Code is evaluated for whether it
furthers the purposes of this Development Code and other City ordinances and actions
designed to implement the Plan.
The proposed text amendment establishes Schools as a Flexible Standard and Flexible
use in the Commercial zoning district with specific Flexibility criteria. The amendment
specifically does not allow Schools as a Minimum Standard use in the Commercial
district reflecting the City's goal to maintain Commercially-zoned property principally
for commercial uses. In addition, the Flexible criteria for both levels of review are
consistent with the development standards in the Commercial district with new criteria
added to require a compatibility review and to allow a review of whether or not the
school results in parking or circulation conflicts within the overall site. It should also be
noted that the minimum lot size for Schools as Flexible Standard and Flexible uses in the
October 28, 2011
.
Commercial district is established as 40,000 square feet, which is the same minimum lot
size for Schools in other City zoning districts. This significant lot size of almost one acre
will require that schools be located on sites with an adequate size to minimize any off-site
impacts and to control any potential issues within the properiy. This amendment does not
allow for a reduction in the minimum lot size for Schools from the 40,000 square feet
size. In stuninary, with the specific Flexibility criteria for Schools in the Commercial
district, the proposed Development Code text amendment furthers the purposes of this
Code and other City ordinances which implement the Comprehensive Plan.
October 28, 2011