5597-94 ORDINANCE PMWa ;:`'5`97-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA$
RELATING T THE LAND DEVELOPMENT CODE; AMFNDI: C
SECTIONS 40.487 AND 40.488, CODE, OF ORDINANCES, TO
ESTABLISH NEW PARKING REQUIREMENTS FOR THE I3AYFRONT,
CORE, ,AND EASTERN CORRIDOR SUBDISTRICTS OF THE URBAN
CENTER DISTRICT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Lity Commission of the City of Clearwater has examined the
avaiiabil2ty ot .oni-°site parking to serve properties in the downtown areal`of theii
City and finds a� lick of sufficient available parking which adversely affe�ts the
economic well-t�eirg of the downtown area, and
WHEREAS, the! City Commission ss ion' f i nds that the parking standards set forth in !
the Code bf Ordinances for the Urban Center ;District are inadequate and i�equ ire .
amendment as set forth herein; now, therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWFATER, FLORIDA:
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Section 1 ;Sections 40.487 and 40.488, Code of Ordinances, are amended to
read
Sec. 40.487. Development requirements far 'the Bayfr nt subdistr°ic ,
(1) Dimensional and numerical requirements. The following dimensional and
numerical 'requirem!ents shall apply to development within the Hayfront subd-'strict
of the urban center, district:
(a) Maximum floor area ratio.- 2.0.
(b) Maximum density: 42 dwelling or hotel units per gross acre. l
(c)' Maximum height: 50 feet.
(d) 11z,nlmum setbacks from ri hts cf wa y �
1 . For buildings having' a height in excess of 30 feet': 1 feet.
2. !For buildings having a height of 30 feet or less: 10', feet,
3. As an alternative to subsections 1. and 2. above, for
buildings which either do not provide` surface parking or
setback surface parking a minimum of 2O feet from any street
right-of-way: gone
(e) Minimum setbacks from side and rear property lines: None.
(f) Off-street parking: Off-street parking and loading requirements
within the Baytront 'subdistrict shall be the same as within the Core subdistrict.
These requirements are set forth in section 40.488 subsections -&n fir—1 jr-;
ia� (2) through (6) .
Sec. 40.488.` Development require eats for the Core subdistrict.
(1) There shall be no floor area ratio, density, ; height or other
development require Tents in the Core subdistrict, except for parking as rovided
in this section.
(2 Offs .reet parking and loading re uirements 'shall be as set forth in
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section 42.34 i 0� for any new, altered or expanded use except as follows:
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(a) Existing uses nonconforming with respect to parking shall be + ntitled
to be reestablished if damaged or destroyed, irrespective' of the exterL7f such
damage or destru�°tion, to the extent of the use existing prior to damage or
destruction without providing any additional parking, based on' the requirements
of the sectio6 beyond that which ,existed previously.
(b) 1f___��a ,b��i lding exist ids onust 30 1994rt is conformind or awfu) l
nonconforming wiO resdect to parking, no 'additiona'l oarking_shal l be aired
for 'any ehanae of;use associated with such bui ldino. � eG—f
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(c) Patk rg requireme,,cs' shall be rained fo� resew' or expanded F
uses Whose parking requirement is ten or fewer spaces.
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(3) Required offstreet parking shall be provided accordingi to the
following schedule-
(a) Retail saps, offices, services, manufacturing, and otherl similar
uses shall be provided with a minimum of one parking space per 400 square feet
of gross f lour: area.
(b) Recta€ rant and entertainment uses shall be provided with aminimum
of one parking space per each 200 square feet of gross floor area
(c) Motels, motels and bed anti breakfast inns shall be provided with a
minimum of one 'parkiing space;per unit or guest bedroom, plus any required parking
for other associated uses.
(d) Residential uses shall be provided with a minimum of on: ell parking
space per unit.
,Lej Community service uses and places of assembl, `miscellaneous
public/semipublic lases and warehousing uses shall comply with the . Oarkino
schedule' groyvided in section 42.34(6) .
For ariv unlisted use, the development code administrator shall
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t d tj:a a axisx"; z a wgich of the Nom_e _'di Late °_fi e #
rails or, if no category s ,avai fables the cone admi-istrator shall determine
formula that reason�blv applies to the specific use.
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(4) 11t is hef°eby declared to be the intent of this section to provjide for
sufficient e ib i I i ty in the parking requirement formula so as to allow f @��°
consideration 0f individual 'Situations and more innovative solut or;s to the
provision Of O-tjstreet parking. Consistent with this intent, once the number of
spaces required;Loi serve a given use is identified, the city, inconjunction with
the applicant, W ill review the existing or proposed public] parking available to
serve the proposed! use, such unusual or'special conditions or provisions as might
be un°ique' to the use , and the desire and ability of the city to participate in
any joint undertaking to provide parking. space. in determining compliance with
the above offstreet parking requirements, the following specific factorsi may be
taken into account and applied toward the number of required parking sp ces; '
(a) The# number of available ' offst.reet public parking spaces that
typically record Bess than a 90-percent utilization rate, as determined by the
traffic engineer, within 600' feet for long-term (over` three hours) and 4100 feet
for short-term (three hours or less) parking.
(b) The number o f spaces that can be provided within o00 :feet for
employees and 430, feet for visitors based upon shared use of existing arking
spaces, public or, private,� due to variation in typical hours of operation. If
shared use of exi st�i ng parking is proposed, a letter of no ob;ect i'cin from the
owner of the parking area to be shared shall be provided.
(c) The S; nu'mber of available offstreet parking spaces within 600 feet for
employee park!inig and 400 feet for visitor parking, owned or leased iby the
applicant for offsite parking space,; provided such site is under the same
ownership or. there is provided evidence satisfactory to the city of a binding
commitment of `sati�sfacto'ry duration to the use of such parking for the prncipal
use in question , during its normal ` hours of operation. Offsite arking
arrangements may include private and/or public parking spaces and shall rovide
for the city to`b notified 60 days prior to the termination or cancel la' ion of
any such arrangement.
(d) Th`einumber of parking spaces that should be added or subtracted based
upon ' unusual or special conditions unique to a particular use or based upon
specialized programs such as car,pocling or public transit opportunities and
requirements for emipioye.es or visitors.
(. The amount of money offered as payment in lieu of providing required
offstreet parking i,space, such payment to be based upon an `estimated initial per
space or annual operating and maintenance cost set by resolution of the city
commission and subject to review' at intervals of not more than two years. In
establishing the process for payment in lieu of parking, the city commission
shall designate the responsible department or authority charged with re'llceiving
moneys and establishing a fund to be utilized exclusively for the provision of
capital improve;inents to and operation and maintenance of parking faci1i'ties in
the urban' centei, district.
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7Yw :L 3'3 i 3rir;?i C nL3 't 7 +ti s irfa;d iP f as1D € qty of
acquisition, construction` and/or operation of new or expanded parking °aci 0ties
In conjunction witn 'the proposed use.
All n
e altered,r r ; 'rk`�,
� v�, e ed, o expanded uses requiring more than ten p� � g
spaces shall su'omi t a parking plan to the traffic engineer which shall do{�umert
the following:
(a), Location of property, type of use`, required number of parking spaces
for each use and composition of required parking, i .e. , ;ongterm; ard short-term;
(b) Proposed provision for parking onsite and/or offsite„
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(c) Available public parking and proposed use thereof, by looaticn, if,
proposed to be counted;
(d) Alternative financial contribution in lieu of parking, if any, and
the basis therefor;
e then rc
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0 proposed arrangements designed reed to meet, or i n Ti e�u of
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parking requirements.
(6) All determinations made pursuant to the provisions of this section
shall be approved 'by the city manager. Appeals of any decision of the city
manager relating to the application of the previsions of this section may be made
to the city commission. :Determination as to the ;required number of space's antl
the number and basis of establishing any addition to or subtraction from this
number by the city manager or city commission shall be noted and made a part of
the building permit record of the city. The city commission may provide for lease
payments to the public parking system or payments in ` lieu' of parking oq such
installment or increimental basis as is deemed sinancially equitable and �Iaaund.
(7) Amenity. areas. Properties shall be prodded with around ', level
amenities which positively contribute to the ambience and aesthetics afforded the
Urban Center District, in accordance with the following schedule$
Minimum Amenit,� Area
Floor ;,rea Ratio . (Percentage of Lot', Area)
0.5 - 1 .0 5
Greater than 1 .0 1
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All amenity areas shall be designed to be used by the public and shall be located
adjacent to street rights-of--way or shall be directly accessible from street
rights-of-way. $uc''improvements may include pedestrian plazas, seating a§reas,
fountains, sculptures, and landscaped areas and gardens. All outdoor amenity,
areas shall be provided with -illumination devices.
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Section 2 e TIRi s ordinance s ha take, effect retr oactiv elv from Ju.i,llv I
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PASSED ON FIRST READING August 1 8� 1!P94
PASSED ON SECOND AND FINAL l
READING AN ADOPTED Se a F
Rita Grve
Mayor-Commissioner
Attest. Approved as to fora and correctness: '
orrect ess n
Cy hia E. Gcudeau M. A. GarVa ith ,fir.
Ci Clerk Senior As stan City Attorney% '
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