5963-96ORDINANCES
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ORDINANCE NO. _5963 -96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 42.06, CODE OF
ORDINANCES, TO PROVIDE FOR REVISED
REQUIREMENTS FOR TRANSFERS OF DEVELOPMENT
RIGHTS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 42.06, Code of Ordinances, is amended to read: &
Sec. 42.06. Transfer of development rights.
(1) Purpose. It is the purpose of this section to establish a procedure and guidelines by
which the city commission may authorize the transfer of development rights as ' ereinaftef set
few in a manner that recognizes unique situations and encourages the protection of valuable
environmental and open space areas consistent with the public health, safety and welfare.
(2) Applicability. This section shall apply to properties which are to be developed
utilizing a transfer of development rights,
— the usual review and permWAng pfeeedures. The merit
of any proposed transfer of development rights as provided in this section shall be judged by the
city commission . Except as noted above,
a request for a transfer of development rights in any one or more of the following categories
shall be subject to the provisions of this section:
(a) A transfer of development rights across a public street right -of -way or right -of-
way easement which is identified on the official city street atlas;
(b) A transfer of development rights across the coastal construction control line as
;
(c) A transfer of development rights across a land use plan classification boundary
line;
(d) A transfer of development rights across a zoning district boundary line;
(e) A transfer of development rights to a noncontiguous parcel under the same
ownership that has not been devfted to the mayAfnuta usage pennifted under- th
assigned land use phm elassifieatiett.
Ordinance No. 5963 -96
(3) Eligibility. The owner of a property identified in any one or a combination of the
following categories, except one to be developed with one single- family dwelling, shall be
eligible to request a transfer of development rights as follows in e fd with this seetie -:
(a) Property in a single location under one ownership, otherwise contiguous and
divided only by a public street right -of -way or right -of -way easement;
(b) Property in a single location under one ownership, otherwise contiguous and
divided only by the coastal construction control line as established by F.S. §
161.053;
(c) Property in a single location under one ownership, otherwise contiguous and
divided only by a land use plan classification boundary line;
(d) Property in a single location under one ownership, otherwise contiguous and
divided only by a zoning district boundary line;
(e) Properties not in a single location or contiguous, yet under the same ownership,
fnwdfnufa use penrAtted under the assigned Jand use plan elassifleatien.
(4) Procedure. Any proposed transfer of development rights as identified in subsection
(2) shall be processed as follows in
(a) Only the city commission may authorize the transfer of development rights and
consistent with the guidelines of
this section
seetien.
(be) Upon receiving a request for a transfer of development rights and -aprel ay
, the city commission mays -fer -the
authorize, authorize with conditions, or deny the
transfer and-consistent with the on -review
guidelines idenli€ied -in-of this section and-ehaptef43.
(c) al
in , Any action by the
commission to approve the requested transfer shall be so noted on the certified
site plan and building pgrmit, as applicable, together with any conditions of
approval.
FA
Ordinance No. 5963 -96
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(de) Any pro wity owner who has had such transfer authorized by the city commission
shall record a covenant, unity of title or other appropriate legal instrument with
the clerk of the circuit court so as to constitute a public record, setting forth the
details and the conditions of any transfer of development rights.
(5) Guidelines for review. In reviewing any request for transfer of development rights,
the city commission shall take into account the following:
(a) The unique limitations and conditions characterizing and affecting the property
from which and to which the development rights are proposed to be transferred.
Such unique limitations and conditions may include but are not limited to
characteristics of the property such as: lot size, location, configuration and
access; physical characteristics such as topography, soils, vegetative cover,
environmental sensitivity, wildlife habitat and water bodies; and regulatory
measures and restraints as they relate to the characteristics of the property and its
ability to be used in a reasonable manner.
(b) The ramifications to the site pimt as a result of the transfer relative to open space,
building bulk, height and setbacks, as well as related site improvements, such as
parking, recreation and service areas.
development fthts-. The city commission shall evaluate and make a finding of
fact as to the extent of departure from any applicable standard that is necessitated
by such transfer, the acceptability or unacceptability of such departure as it relates
to the site plan in question and the reasons therefor.
(c) The public interest and benefit, if any, as such interest and benefit may be
affected impaeted by the proposed transfer. Such public interest and benefit may
include but is not limited to_ preservation or enhancement of significant
environmental features, open space, recreational opportunities, community
appearance, aesthetics, views, traffic flow or control; beneficial relationship to
adjoining uses, specific target neighborhood or redevelopment objectives, resource
and energy conservation; and dimWshed requirements for public services and
utilities.
(d) In reviewing a request to transfer development rights across land use plan
boundary lines, the city commission shall be guided by those policies 22.2.7 an
24.4.2 of the comprehensive p ,
rights --te that protect wetlands and other natural resources-; promote infill
development and discourage urban sprawl, and encourage the creative use of open
space and development practices to provide visual relief from urban monotony.
The city commission shall not approve any transfer of development rights where a finding has
been made by the commission that such transfer would be detrimental to the public interest based
on safety, economic, environmental, recreational or community appearance considerations, and
the commission shall not approve any transfer of development rights to a noncontiguous property
3 Ordinance No. 5963 -96
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which would establish a use that is not consistent with the applicable zoning district or land use
plan.
(6) Density/intensity.
(a) For parcels receiving density/intensity transferred from seaward of the coastal
construction control line, the density or intensity of uses available for transfer
shall not exceed the maximum allowed on the adjoining property.
(b) For other parcels, as approved by the city commission in authorizing the transfer,
consistent with the density/intensity standards of the applicable zoning districts
and comprehensive land use plan classifications.
. pment fights. The eivy eemwAssien shall feseEve aH fights with fespeet te
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan.
Ordinance No. 5963 -96
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. pment fights. The eivy eemwAssien shall feseEve aH fights with fespeet te
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan.
Ordinance No. 5963 -96
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING March 7, 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED March 21, 1996
Rita Garvey
Mayor: Commissioner
Approved as to form and
legal sufficiency:
LE, —
Pamela Akin
City Attorney
Attest:
Chia E. Goudeau
City Clerk'
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