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TA00-06-04 T A 00-06-04 Deferred Amendments . . ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3-1503(B)(12) REGARDING NEWSRACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2102(A), PERMITTED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103, STANDARDS, BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, SECTION 7-102(A)(2), MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER HEARING PROCEDURES FOR NUISANCE CASES BY REDUCING THE REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS AFTER THE POSTING DATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, Ordinance No. 6573-00 . . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows: M. Publiclv owned facilities.. Roofed structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. Section 2. Article 3, Development Standards, Section 3-1503, Nuisances, is hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines as follows: (12) Newsracks and vending machines. Any newsrack on public property not in compliance with the provisions of Section 3-909. other than subsection 3- 909(A)(5), or A~ny newsrack or vending machine installed, used or maintained at a location which constitutes an imminent danger or safety hazard to pedestrians or vehicles or otherwise unreasonably interferes with the safe use of any public right-of-way. Section 3. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(C) as follows: G-:- Temporary Signs. Tompor3!)' eigne of no moro th3n 12 8qu3ro foot in tot31 eign boe 3ro3 'Nhioh 3ro robtod to 3 gr3nd oponing or a poriodio ovont occurring no moro frequontly th3n one timo por Y03r 3nd 'Nhioh ovont ie oonduotod in conjunotion with tho princip31 ueo of tho parcol propm:od for devolopmont and whioh eigne 3ro dispbyod no moro th3n 30 d3ye in 3dv3nco of tho ovon 3nd no more th3n five days 3ftor oomplotion of the c'.'ont. Othcr spooial ovont and/or publio purpoeo eigm: of 3 tompor3ry n3turo m3Y bo 3pprovod on 3 038e by oaco b3cic. Tho typo of eign, eizo, deeign 3nd longth of dieplay will bo dotormined by tho oommunity dovolopmont coordin3tor. 1. One temporary qrand openinq sign shall be permitted for thirty (30) days after the issuance of an occupational license for any new business, new owner of an existinq business. or business name chanqe. Such sign shall not exceed twelve (12) square feet in total siqn face area or such siqn may be a temporary coverinq, such as a toaster cover, siqn boot. or siqn sock, which covers an existinq permitted attached or freestanding siqn. 2. Other temporary special event and/or public purpose sions of a temporary nature may be approved on a case by case basis. The type of siqn. size. 2 Ordinance No. 6573-00 . . desian and lenath of display shall be determined by the Community Development Coordinator. Section 4. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(Q) as follows: fQl Window signs whioh oooupy loss th::m 20 porcent of tho tot:) I ore:) of tho window whore the sign iG loc:)tod or four squ:)ro foot, whiohevor is loce !!Q to eight (8) square feet in area may be located on any window area provided such sign does not exceed twenty-five percent (25%) of the total area of the window where the sian is located. In no case shall the cumulative area of all window siqns erected exceed twenty-four (24) square feet in area. Section 5. Article 3, Development Standards, Section 3-2102(A), is hereby amended by revising subsection (4) and by adding a new subsection (13) as follows: A. The following temporary uses are permitted subject to obtaining a level one approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Opon lot G Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 3 Ordinance No. 6573-00 . . 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storaqe units. Section 6. Article 3, Development Standards, Section 3-2103 Standards, is hereby amended by revising the subsection as follows: Section 3-2103 Standards. * * * * * * * * * * 6. All temporary uses shall comply with the following additional conditions or requirements: ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Temporary Use Maximum Cumulative Permitted Districts Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as applicable) Block and neighborhood 2 days All residential districts parties Circuses or carnivals 14 days C, IRT and I Contractors office and/or During construction period All districts construction sheds only while building permit is valid Evangelical and religious 7 days C, 0, T and IRT revivals or assemblies Garage, yard or estate No more than 2 times per All residential districts sales property within one year; no longer than 3 days each Sales for: Christmas tree 45 days All non-residential zoning and pumpkin sales and districts other seasonal sales 4 Ordinance No. 6573-00 . . Other temporary 7 days, except 14 days for All nonresidential districts recreational or annual events approved entertainment events by the special events committee Outdoor bazaars, 2 days C, I and 0 cookouts, special fund raising sales and/or similar activities Sidewalk sales 7 days in conjunction with T and 0 a special event Temporary commercial The period of time during All districts parking lots which the temporary use the parking serves is authorized Temporary relocation tents 18 months (unless Within a designated area or mobile homes for authorized longer by displaced persons commission resolution) Temporary real estate 24 months All districts sales office or model home Temporary retail sales and 7 days (not more than 4 T, C and 0 displays times per year) Portable storage units 96 hours (not more th:m 4 All districts times per YS3r) unless 3ssoci3tod v:ith permitted oonstruotion. Residentially zoned property: 4 days. not more than 4 times a year. Non-residentially zoned property: 30 days. not more than 4 times a year or for the duration of an active construction permit. Refer to Sections 3- 2103(B)(3) and 21 03(C)(2) for additional requirements. * * * * * * * * * B. The following additional requirements shall apply for specified temporary uses: 3. Portable storage units, not exceeding eight (8) feet in height, eight (8) feet in width, and sixteen (16) feet in length may be permitted on 3 sito with 3n 5 Ordinance No. 6573-00 . . 3ctivo building permit for tho Stor3g0 of itoms from tho sito. Tho port3ble ctor3go unit m3Y rom3in on tho site for tho longth of tho 3otivo pormit. provided such Port3blo stor3go units sRaU comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a single family dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator; f. GHe Two sign face~, no more than 12" x 18" each, shall be permitted on a portable storage unit; and g. A sticker shall be affixed to all portable storage units indicating the date on which the portable storage unit is delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. 6 Ordinance No. 6573-00 . . J. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk * * * * * * * * * * * C. The following temporary uses are permitted without a permit, provided that the standards and criteria of this division are met: ~ Portable storage units for a period not exceeding 96 hours four (4) days no more than four (4) times a year.,. on residentially zoned property and thirty (30) days on non-residentially zoned property no more than four (4) times a year. /\ sticker sh311 be 3ffixed to the unit indio3ting the d3te on 'l.'hich it is delivered to the property. One sign f3oe~, not more than 12" x 1 a" in 3re3, sh311 be permitted on 3 port3ble stor3ge unit. The ramo':31 provisions of Seotion 3 2103(8)(3)(1) above sh311 31so 3pply. Section 7. Article 6, Nonconformity Provisions, Section 6-101, Purpose/ Applicability is hereby amended by revising the purpose/applicability provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code. but which would be prohibited, regulated. or restricted under the terms established herein. effeotive d3te of this development code th3t do not conform to this oode. \'Vhile nonconformities m3Y oontinue, the provicions of thic 3rtiole 3ra designed to enoour3ge the improvement or elimin3tion of nonconformities in order to better aohieve tho purposec of this development code. While nonconformities may continue, it is the intent of this development code to brinq nonconforming properties into compliance with the provisions of this code in coniunction with a change of use. redevelopment. or any other chanqe of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming status. Section 8. Article 7, Enforcement Proceedings and Penalties, Section 7- 1 02(A)(2) , Municipal Code Enforcement Board/special Master Hearing Procedures, Notification of violations is hereby amended by revising nuisance cases procedures as follows: 7 Ordinance No. 6573-00 . . . . Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within taR five days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such taR five day period. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; the code enforcement officer may additionally attempt to obtain personal service upon and/or mail notice to the property owner within the taR five day period. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING July 20, 2000 PASSED ON SECOND AND FINAL READING AND ADOPTED August 3,2000 t- .JA --- Brian J. A~gst Mayor-Commissioner Approved as to form: Attest: ~~~ 12<<:c~ 0uA:.- CynthicVE. oudeau ' r City Clerk Leslie K. Dougall-Sid s Assistant City Attorney 8 Ordinance No. 6573-00 ~learwater City Commission Agenda Cover Memorandum . W orksession Item # Final Agenda Item # Meeting Date July 20. 2000 SUBJECTIRECOMMENDA TION: Amendments to the Community Development Code. MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6573-00 on first reading. o and that the appropriate officials be authorized to execute same. SUMMARY: When considering Ordinance No. 6526-00 at the June meetings, the City Commission deferred action on several issues. Attached please find Ordinance No. 6573-00 which proposes amendments to the Community Development Code addressing the following issues as requested by the Commission: · Regulations restricting the renting of residential property; · Regulations regarding the permitted duration of portable storage units on residential and non-residential property; · Increased amount of permitted window signage; · Regulation of temporary sign coverings; · Allowance of two signs instead of one on portable storage units; and · Prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is also requesting that four additional amendments not previously discussed by the Commission be considered: · Allowance of roof structures on publicly owned boardwalks and observation platforms; · Expansion of nuisance provisions regarding newsracks; · Refinement of the nonconforming purpose provisions; and · Reduction in amount of time given to correct a nuisance violation. Reviewed by: Legal Budget Purchasi ng Risk Mgmt. IS ACM Other ~i~~=i:iL Costs: Total Comnis5ion Action: o Approved o Approved with Conditions o Denied o Continued to: Current Rs::al Year Funding Source: o Capitallmprovement o Operating: o Other: Attactments: 9.Jbmitted by: o Not Required Affected Parties o Notified o Not Required Code City Manager o None .,. "-I Printed on recycled paper . . At the July 17th workshop, staff will address issues that were raised by the Clearwater Coalition of Homeowner's Association and the request to amend the sign ordinance presented by Mr. Rapp. Staff is not supporting amendments in regard to these issues. The Community Development Board will review the proposed amendments at meeting on July 18, 2000 and make a recommendation to the Commission. recommendation at the City Commission meeting. its regularly scheduled Staff will report the 2 . . CDB Meeting Date: Case: Agenda Item: July 18.2000 T AOO-06-04 C2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6573-00 INITIA TED BY: City of Clearwater City Commission and Planning Department BACKGROUND INFORMATION: When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance No. 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20th Commission meeting: · Regulations restricting the renting of residential property; · Regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; . The amount of permitted window signage; . The regulation of temporary sign coverings; and · The prohibition of parking on landscaped areas In front setbacks in residentially zoned districts. Staff is also requesting that four other amendments not discussed at either June meeting be considered. The first issue is whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails. The second is to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance. The third is to revise the purpose statement of the nonconforming provisions; and the fourth is to reduce the amount of time allotted for compliance for nuisance violations from ten days to five days. 1 Revised 07 -14-00 . . The Community Development Board discussed and made a recommendation on several of the issues found in this proposed Ordinance No. 6573-00 at its workshop and public hearing earlier this year on the six month code update. Those issues included portable storage units, the prohibition of parking on landscaped areas in the front setback on residentially zoned property and the rental of residentially zoned property. It is in the Board's discretion whether to discuss and entertain comment on these issues again. Alternatively, the Board may hear comments and discuss only the new issues in this proposal. At second reading of the code update ordinance, a representative of the Clearwater Coalition of Homeowner Associations submitted a list of recommendations on the following seven issues for consideration by the Commission: Portable storage units - concern about such units being permitted during the duration of a construction permit in residential areas; Temporary yard signs - concern that this permits commercial signs in residential areas for up to 90 days; Supporting the addition of First Amendment protection language In the SIgn provIsions; Supporting the prohibition of parking on the grass; Temporary signs - concern about ability to enforce existing code provisions; Opposed to an increased height for telecommunication towers; and Support further restriction on transfer of development rights. Staff was directed to review these and make a recommendation on each. Of these seven issues, staff has drafted amendments to the portable storage unit provisions, added the prohibition of parking on landscaped areas in residential areas, and revised the temporary sign requirements. Of the remaining issues, staff's position remains unchanged with no revisions proposed in these four areas. The Planning Department is also evaluating the amendment to the sign code proposed by developer Jim Rapp that would give the Community Development Board authority to approve signs larger than permitted. Research on this issue is underway and staff will be prepared to discuss this with the Community Development Board at the meeting. Below please find a description of the amendments proposed in Ordinance No. 6573-00, as well as a discussion of the issues raised by the Coalition, which are not included in the proposed ordinance. 2 Revised 07-14-00 . . ANALYSIS: Proposed Ordinance No. 6573-00 includes amendments addressing nme Issues. A description of the amendments regarding each issue follows. 1. Renting of Residential Dwellings (Pages 2 and 8 of proposed ordinance.) Staff is proposing an amendment to address the length of time residential units may be rented before being considered a transient accommodation use. A new section 3- 918, entitled Renting of Residential Dwellings, is being proposed to the General Applicability provisions found in Article 3 which would permit the renting or leasing of dwelling units in residential zoning districts for periods no less than thirty-one days. Any property rented for less than thirty-one days would be considered a transient accommodation and would not be permitted in a residential zoning district. This proposed amendment is consistent with the current requirements of the Pinellas Planning Council's Rules Concerning the Administration of the Countywide Land Use Plan. The other proposed amendment revises the definition of overnight accommodations in Section 8-102 to be consistent with the State of Florida's definition of public lodging establishment. Another option to consider would be a regulation that permits a minimum number of short-term rentals per year. Florida Statutes provides two thresholds for determining if a property is operated as a public lodging establishment. The Board could consider regulations that mirror Florida Statute by prohibiting dwelling units from being advertised or held out to the public as a place regularly rented to guests or rented or leased more than three times in a calendar year for periods of less than thirty days or one calendar month at a time. Staff has met with representatives of the Bay Area Apartment Association, Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of Homeowner Associations to discuss these proposed amendments. Staff has also discussed them with the Pinellas Planning Council. At this point, the Council is deferring action until after the Clearwater public hearing on this issue. 2. Parking on Landscaped Areas (Page 2 of the proposed ordinance.) Staff is proposing to add a new subsection (4) to Section 3-1407(A) that would prohibit the parking of vehicles and/or boats on landscaped areas in a required front setback where parking is available on a paved driveway or existing designated non- paved driveway, paved street or other paved area. The provision allows parking in the setback on landscaped areas if no alternative paved area is available. Established neighborhoods developed with no driveways could have vehicles parked on landscaped areas if no other paved alternative exists. 3 Revised 07-14-00 . . 3. Temporary Sign Coverings/Grand Opening Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1 st meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision was also added which imposes a time restriction of thirty days after the issuance of an occupational license. Staff is also proposing to eliminate the temporary sign that is permitted once a year for "periodic events." The Coalition is concerned that the existing provisions are too difficult to enforce. By eliminating periodic event signs and by relating grand opening signs to the issuance of an occupational license, sign enforcement concerns are greatly minimized. In order to accommodate the loss of one periodic event sign per year, staff is also proposing increases in the amount of allowable window signage that is discussed in the next issue below. 4. Window Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to eight (8) square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The amendment also imposes a maximum amount of window signage of twenty-four (24) square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage should also accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). 5. Portable Storage Units (pages 4 - 7 of proposed ordinance.) Staff is proposing several amendments to the portable storage unit provisions in Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2). The current regulations permit portable storage units for 96 hours or for the duration of a construction permit on all property and permits one sign face, not exceeding 12" x 18" to be located on portable storage units. The City Commission directed staff to provide different regulations for residential and non-residential property and to reduce the amount of time a portable storage unit may be located on a residential property with a valid construction permit. 4 Revised 07-14-00 . . Staff is proposing the following changes to the current code requirements: · Eliminate the provision allowing a portable storage unit on residentially zoned property for the duration of an active construction permit (up to six months duration). Permit a portable storage unit on residential property for no more than four (4) days only and no more than four (4) times a year; · Permit a portable storage unit on non-residential property for thirty (30) days or for the duration of an active construction permit; · Increase the number of permitted sign faces from one to two provided such faces do not exceed 12" x 18" each; and · Add portable storage unit to permitted temporary use list (ministerial amendment). The elimination of portable storage units permitted in conjunction with and for the duration of a construction permit in residential areas is consistent with the Coalition's recommendations. 6. Publicly Owned Boardwalks/Observation Platforms (Page 2 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to add a new subsection (M) to Section 3-601. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. 7. N ewsracks (Page 3 of proposed ordinance. The Community Development Board did not review this particular issue regarding newsracks.) Staff is proposing to expand the existing nuisance provisions regarding newsracks in Section 3-1503(B)(12). The current code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove non-compliant racks after sufficient notice is given to the owner and it is not removed. 5 Revised 07-14-00 . . 8. Nonconformity Provisions (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the code to bring nonconforming properties into compliance through a change of use, redevelopment or other change of condition. 9. Enforcement Proceedings (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from ten days to five days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings; accumulations of weeds, debris, etc.; grass/weeds exceeding twelve inches; and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted, however, that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the code not deemed a nuisance would be treated through the existing code enforcement board process. Outstandin2 Issues Presented bv the Clearwater Coalition of Homeowner Associations/Jim RaPD Shma2e In response to the issues presented by the Coalition to the Commission at the June 15th meeting and attached for your review, staff is not recommending any changes to the following issues. Temporary Yard Signs - The Coalition's concern is that the current definition of temporary yard signs permits commercial speech in residential areas. Staff is not recommending changing the temporary yard sign regulations. The basis for this opinion is that cities are generally prohibited from regulating content on a sign and may only regulate other physical characteristics of a sign. First Amendment Protection Language - Staff is not recommending adding this language to the code. Telecommunication Tower Height - The amendment approved by the Commission to the telecommunication tower regulations provides the Community Development Board the authority to approve an additional twenty-five (25) feet of height, if such height can eliminate the need for an additional tower. This provision permits the maximum height of a tower to be increased from 160 feet to a maximum of 185 feet. 6 Revised 07-14-00 . . The increase would have minimal impacts on surrounding property. From the ground, the height difference would be very difficult to discern. Staff supports maintaining the provision that was approved by the Commission since additional height may only be approved upon a finding that the increased height will reduce the need for a new tower. Staff believes that the provision is fair and necessary. Transfers of Development Rights - Significant amendments were made to the transfer of development rights provisions which imposed strict limitations on the use of this redevelopment tool. The new provision limits the amount of transfers that can be sent and received, prohibits transfers from occurring from and to single family zoning districts, and review criteria was added for the Community Development Board to use when review applications for transfer of development rights. Staff supports maintaining the regulations as approved by the City Commission. Jim Rapp Signage - Mr. Rapp has proposed an amendment to the sign code which allows attached signs to increase in size as the buildings are setback farther from the property line. Staff has researched other jurisdictions and has not found any examples of this type of allowance. Staff has also found that this technique is difficult to apply uniformly due to wide variations in rights-of-way and street widths. Staff also believes that the allowances for freestanding signs allow for ample business identification. These signs can be placed as close as five feet from the front property line, therefore staff is not recommending this amendment. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of built-up neighborhoods, and infill development to encourage economic vitality and counteract the scarcity of vacant land." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, the limitations for portable storage units in residential areas, and the ability to require rapid abatement of nuisance violations will further the goal of renewing declining areas and stabilizing built-up neighborhood by imposing restrictions which promote stability, heightened property maintenance standards, and aesthetics. 7 Revised 07-14-00 . . · Policy 2.4.2 - "Neighborhood preservation and infill development shall be encouraged by maintenance and upgrading of public and private property." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, newsracks enforcement provisions, and limitations on portable storage units in residential areas shall further neighborhood preservation by encouraging property maintenance and upgrading of both public and private property. · Goal 3 - "The character of Clearwater as a high quality, attractive environment for resort, residential, and business activities shall be enhanced and encouraged through implementation of Clearwater's Comprehensive plan." The provisions permitting roof structures on publicly owned observation platforms, etc, the restriction on renting residential property, and the ability to require rapid abatement of nuisance violations will work toward enhancing the City's residential and resort character. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise development standards found in Article 3, the purpose/applicability provisions for nonconformities in Article 6, enforcement procedures in Article 7, and a definition in Article 8 of the Community Development Code. The proposed amendments are consistent with 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 procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality oflife of all residents and property owners of the city; · Section 1-103 (E)(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; and · Section 1-103(E)(3) - Protect and conserve the value ofland throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. 8 Revised 07-14-00 . . SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments require high standards for improvements on public property, provide businesses with reasonable opportunities for temporary and window signage, impose high standards for property maintenance and temporary uses, and permits the rapid enforcement of nuisance violations. The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 that makes revisions to the Community Development Code. Prepared by: Gina L. Clayton ATT ACHMENTS: Proposed Ordinance No. 6573-00. Open Issues List by the Clearwater Coalition of Homeowner' s Association Letter from Nicholas Fritsch and Joe Calio 9 Revised 07 -14-00 . . ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 3-918 ENTITLED RENTING OF RESIDENTIAL DWELLINGS AND RESTRICTING THE RENTAL PERIOD OF DWELLING UNITS IN THE RESIDENTIAL ZONING DISTRICTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS IN RESIDENTIAL AREAS, BY ADDING A NEW SUBSECTION TO SECTION 3- 1407(A) PROHIBITING THE PARKING OF MOTOR VEHICLES ON GRASS IN A REQUIRED FRONT SETBACK; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3- 1503(B)(12) REGARDING NEWSRACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2102(A), PERMITTED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103, STANDARDS, BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, SECTION 7 -1 02(A)(2), MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER HEARING PROCEDURES FOR NUISANCE CASES BY REDUCING THE REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS AFTER THE POSTING DATE; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 DEFINITIONS, BY REVISING AND EXPANDING THE DEFINITION OF OVERNIGHT ACCOMMODATIONS TO INCLUDE CERTAIN SHORT TERM RENTALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and Ordinance No. 6573-00 . . WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows: M. Publiclv owned facilities.. Roofed structures shall be permitted on publicly owned boardwalks. observation platforms. elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. Section 2. Article 3, Development Standards is hereby amended by adding a new section 3-918 entitled Renting of Residential Dwellings as follows: Section 3-918. RentinQ of residential dwellinQs. No dwellina unit located in a zonina district desianated as residential in the Zonina Atlas shall be rented or leased for a period of less than thirty-one (31) days, except as permitted as an accessory overniaht accommodation use. Section 3. Article 3, Development Standards, Section 3-1407, Parking restriction in residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407 (A) as follows: 4. No parkina, displayina or storina of motor vehicles and/or boats shall be permitted on arass or any other landscaped area in a required front setback on any residentially zoned property where parkina on a paved driveway or existina desianated non-paved driveway, paved street or other paved area is available. Section 4. Article 3, Development Standards, Section 3-1503, Nuisances, is hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines as follows: 2 Ordinance No. 6573-00 . . (12) Newsracks and vending machines. Any newsrack on public property not in compliance with the provisions of Section 3-909, other than subsection 3- 909(A)(5), or Asny newsrack or vending machine installed, used or maintained at a location which constitutes an imminent danger or safety hazard to pedestrians or vehicles or otherwise unreasonably interferes with the safe use of any public right-of-way. Section 5. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(C) as follows: G:- Temporary Sians. Temporary signs of no more than 12 square feot in total sign face area '.vhich are related to a grand opening or a periodic e'./ent occurring no more frequently than one time per year and '.vhich event is conducted in conjunction with the principal use of tho parcel proposed for development and which signs are displayed no more than 30 days in advance of the even and no more than five days after completion of the event. Other special event and/or public purpose signs of a temporary nature may be approved on a caso by case basis. The type of sign, size, design and length of display will be determined by tho community development coordinator. 1. One temporary arand openinq sian shall be permitted for thirty (30) days after the issuance of an occupational license for any new business, new owner of an existina business, or business name chanae. Such sian shall not exceed twelve (12) square feet in total sian face area or such sian may be a temporary coverina, such as a toaster cover, sian boot. or sian sock, which covers an existina permitted attached or freestandina sian. 2. Other temporary special event and/or public purpose sians of a temporary nature may be approved on a case by case basis. The type of sian, size, desian and lenath of display shall be determined by the Community Development Coordinator. Section 6. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(Q) as follows: .ill.} Window signs which occupy less than 20 percent of the total area of the window where the sign is located or four square feet, whichever is loss !dQ to eiaht (8) square feet in area may be located on any window area provided such sian does not exceed twenty-five percent (25%) of the total area of the window where the sian is located. In no case shall the cumulative area of all window sians erected exceed twenty-four (24) square feet in area. 3 Ordinance No. 6573-00 . . Section 7. Article 3, Development Standards, Section 3-2102(A), is hereby amended by revising subsection (4) and by adding a new subsection (13) as follows: A. The following temporary uses are permitted subject to obtaining a level one approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Open lot 8 Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales andlor similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storaae units. Section 8. Article 3, Development Standards, Section 3-2103 Standards, IS hereby amended by revising the subsection as follows: Section 3-2103 Standards. * * * * * * * * * * 4 Ordinance No. 6573-00 . . 6. All temporary uses shall comply with the following additional conditions or requirements: ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Temporary Use Maximum Cumulative Permitted Districts Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as applicable) Block and neighborhood 2 days All residential districts parties Circuses or carnivals 14 days C, IRT and I Contractors office and/or During construction period All districts construction sheds only while building permit is valid Evangelical and religious 7 days C, D, T and IRT revivals or assemblies Garage, yard or estate No more than 2 times per All residential districts sales property within one year; no longer than 3 days each Sales for: Christmas tree 45 days All non-residential zoning and pumpkin sales and districts other seasonal sales Other temporary 7 days, except 14 days for All nonresidential districts recreational or annual events approved entertainment events by the special events committee Outdoor bazaars, 2 days C, I and D cookouts, special fund raising sales andlor similar activities Sidewalk sales 7 days in conjunction with T and D a special event Temporary commercial The period of time during All districts parking lots which the temporary use the parking serves is authorized Temporary relocation tents 18 months (unless Within a designated area or mobile homes for authorized longer by displaced persons commission resolution) 5 Ordinance No. 6573-00 . . Temporary real estate 24 months All districts sales office or model home Temporary retail sales and 7 days (not more than 4 T, C and D displays times per year) Portable storage units 96 hours (not more th3n '1 All districts times per year) unless 3ssociated with permitted construction. Residentially zoned property: 4 days, not more than 4 times a year. Non-residentially zoned property: 30 days, not more than 4 times a year or for the duration of an active construction permit. Refer to Sections 3- 2103(B)(3) and 21 03(C)(2) for additional requirements. * * * * * * * * * B. The following additional requirements shall apply for specified temporary uses: 3. Portable storage units, not exceeding eight (8) feet in height, eight (8) feet in width, and sixteen (16) feet in length may be permitted on 3 site with 3n active building permit for the storage of items from the site. The portable storage unit m3Y remain on the site for the length of the 3ctivo permit. provided such Portable stor3ge units sRaU comply with the following provIsions: a. One portable storage unit may be located on any lot occupied by a single family dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; 6 Ordinance No. 6573-00 . . d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator; f. GAe Two sign face~, no more than 12" x 18" each, shall be permitted on a portable storage unit; and g. A sticker shall be affixed to all portable storage units indicating the date on which the portable storage unit is delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. I. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk * * * * * * * * * * * C. The following temporary uses are permitted without a permit, provided that the standards and criteria of this division are met: 2:- Portable storage units for a period not exceeding 96 hours four (4) days no more than four (4) times a year.,. on residentially zoned property and thirty (30) days on non-residentially zoned property no more than four (4) times a year. ^ sticker shall be 3ffixed to the unit indicating the date on 'Nhich it is 7 Ordinance No. 6573-00 . . delivered to the property. One sign f3ce~, not more th3n 12" x 18" in 3re3, shall be permitted on 3 portable stor3ge unit. The removal provisions of Section 3 2103(8)(3)(1) 3boV8 sh311 also 3pply. Section 9. Article 6, Nonconformity Provisions, Section 6-101, Purpose/ Applicability is hereby amended by revising the purpose/applicability provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code, but which would be prohibited. reaulated, or restricted under the terms established herein. effective date of this development code that do not conform to this code. 'Nhile nonconformities m3Y continue, the provisions of this article are designed to encourage the improvement or elimin3tion of nonconformities in order to better 3chieve the purposes of this development code. While nonconformities may continue, it is the intent of this development code to brina nonconformina properties into compliance with the provisions of this code in coniunction with a chanae of use, redevelopment, or any other chanae of condition of the property in order to eliminate the nonconformity or to brina the nonconformity as practical as possible to a conformina status. Section 10. Article 7, Enforcement Proceedings and Penalties, Section 7- 102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures, Notification of violations is hereby amended by revising nuisance cases procedures as follows: Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within teA five days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such teA five day period. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; the code enforcement officer may additionally attempt to obtain personal service upon andlor mail notice to the property owner within the teA five day period. Section 11. Article 8, Definitions and Rules for Construction, Section 8-102, Definitions is hereby amended by revising the definition of overnight accommodations as follows: Overnight accommodations means any unit. aroup of units, dwellina, buildina or Qroup of buildinas within a sinale complex of buildinas, which is rented to auest more than three (3) times in a calendar year for a period of less than thirt~ (30) days or 1 month at a time, whichever is less, or which is advertised or held out to the public as a place reaularly rented to auests. a building or portion thereof 8 Ordinance No. 6573-00 . . designed and used primarily to provide sleeping accommodations for tr~nsient guests for a d~ily or '.veekly rental charge and including interval such office, meeting, restaurant facilities ~s are integral to its primary function. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor -Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney 9 Ordinance No. 6573-00 . . ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 3-918 ENTITLED RENTING OF RESIDENTIAL DWELLINGS AND RESTRICTING THE RENTAL PERIOD OF DWELLING UNITS IN THE RESIDENTIAL ZONING DISTRICTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS IN RESIDENTIAL AREAS, BY ADDING A NEW SUBSECTION TO SECTION 3- 1407(A) PROHIBITING THE PARKING OF MOTOR VEHICLES ON GRASS IN A REQUIRED FRONT SETBACK; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3- 1503(B)(12) REGARDING NEWSRACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2102(A), PERMITTED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103, STANDARDS, BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, SECTION 7-102(A)(2), MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER HEARING PROCEDURES FOR NUISANCE CASES BY REDUCING THE REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS AFTER THE POSTING DATE; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 DEFINITIONS, BY REVISING AND EXPANDING THE DEFINITION OF OVERNIGHT ACCOMMODATIONS TO INCLUDE CERTAIN SHORT TERM RENTALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Ordinance No. 6573-00 I . . Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows: M. Publiclv owned facilities.. Roofed structures shall be permitted on publicly owned boardwalks. observation platforms. elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. Section 2. Article 3, Development Standards is hereby amended by adding a new section 3-918 entitled Renting of Residential Dwellings as follows: Section 3-918. Renting of residential dwellings. No dwelling unit located in a zoning district designated as residential in the Zoning Atlas shall be rented or leased for a period of less than thirty-one (31) days, except as permitted as an accessory overnight accommodation use. Section 3. Article 3, Development Standards, Section 3-1407, Parking restriction in residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407(A) as follows: 4. No parking, displaying or storing of motor vehicles and/or boats shall be permitted on grass or any other landscaped area in a required front setback on any residentially zoned property where parking on a paved driveway or existing designated non-paved driveway. paved street or other paved area is available. Section 4. Article 3, Development Standards, Section 3-1503, Nuisances, is hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines as follows: 2 Ordinance No. 6573-00 . . (12) Newsracks and vending machines. Any newsrack on public property not in compliance with the provisions of Section 3-909. other than subsection 3- 909(A)(5). or Af!ny newsrack or vending machine installed, used or maintained at a location which constitutes an imminent danger or safety hazard to pedestrians or vehicles or otherwise unreasonably interferes with the safe use of any public right-of-way. Section 5. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(C) as follows: G:- Temporary Signs. T omporary signe of no moro than 12 square foot in total sign fuco area which aro rolatod to a grand oponing or a poriodic ovont occurring no moro frequontly than one timo por yoar and ,,:hich ovont is conductod in conjunction 'Nith tho principal uso of tho parcol propoaod for dovolopmont and which eigns aro dieplayod no moro than 30 days in advanco of tho O'lon and no moro than fivo days aftor complotion of tho ovont. Othor apocial ovont and/or public purposo eigne of a tomporary naturo may bo approvod on a caso by caeo basis. Tho typo of sign, sizo, dosign and longth of dieplay 'NiII bo dotorminod by tho community do'.'olopmont coordinator. 1. One temporary grand opening sign shall be permitted for thirty (30) days after the issuance of an occupational license for any new business. new owner of an existing business. or business name change. Such sign shall not exceed twelve (12) square feet in total sign face area or such sign may be a temporary covering. such as a toaster cover. sign boot. or sign sock, which covers an existing permitted attached or freestanding sign. 2. Other temporary special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign. size. design and length of display shall be determined by the Community Development Coordinator. Section 6. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(Q) as follows: !ill Window signs whioh occupy loss than 20 porcont of tho total oroa of tho 'Nindow whoro tho sign is locatod or four square foot, whichovor is loss !!Q to eight (8) square feet in area may be located on any window area provided such sign does not exceed twenty-five percent (25%) of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed twenty-four (24) square feet in area. Section 7. Article 3, Development Standards, Section 3-2102(A), is hereby amended by revising subsection (4) and by adding a new subsection (13) as follows: 3 Ordinance No. 6573-00 . . A. The following temporary uses are permitted subject to obtaining a level one approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses andlor carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Opon lot s Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storage units. Section 8. Article 3, Development Standards, Section 3-2103 Standards, is hereby amended by revising the subsection as follows: Section 3-2103 Standards. * * * * * * * * * * 6. All temporary uses shall comply with the following additional conditions or requirements: 4 Ordinance No. 6573-00 . . ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Temporary Use Maximum Cumulative Permitted Districts Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as applicable) Block and neighborhood 2 days All residential districts parties Circuses or carnivals 14 days C, IRT and I Contractors office and/or During construction period All districts construction sheds only while building permit is valid Evangelical and religious 7 days C, D, T and IRT revivals or assemblies Garage, yard or estate No more than 2 times per All residential districts sales property within one year; no longer than 3 days each Sales for: Christmas tree 45 days All non-residential zoning and pumpkin sales and districts other seasonal sales Other temporary 7 days, except 14 days for All nonresidential districts recreational or annual events approved entertainment events by the special events committee Outdoor bazaars, 2 days C, I and D cookouts, special fund raising sales and/or similar activities Sidewalk sales 7 days in conjunction with T and D a special event Temporary commercial The period of time during All districts parking lots which the temporary use the parking serves is authorized Temporary relocation tents 18 months (unless Within a designated area or mobile homes for authorized longer by displaced persons commission resolution) Temporary real estate 24 months All districts sales office or model home Temporary retail sales and 7 days (not more than 4 T, C and D displays times per year) 5 Ordinance No. 6573-00 . . Portable storage units 96 hours (not more th~n 4 All districts times per ye~r) unlesc ~ssociated with permitted conctruction. Residentially zoned property: 4 days. not more than 4 times a year. Non-residentially zoned property: 30 days. not more than 4 times a year or for the duration of an active construction permit. Refer to Sections 3- 21 03(B)(3) and 21 03(C)(2) for additional requirements. * * * * * * * * * B. The following additional requirements shall apply for specified temporary uses: 3. Portable storage units, not exceeding eight (8) feet in height, eight (8) feet in width, and sixteen (16) feet in length may be permitted on ~ site with an ~ctive building permit for the stor~ge of items from the site. The portable storage unit m~y remain on the site for the length of the ~ctive permit. provided such Port~ble storage units sflaU comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a single family dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator; 6 Ordinance No. 6573-00 . . f. Goo Two sign face2, no more than 12" x 18" each, shall be permitted on a portable storage unit; and g. A sticker shall be affixed to all portable storage units indicating the date on which the portable storage unit is delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. I. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk * * * * * * * * * * * C. The following temporary uses are permitted without a permit, provided that the standards and criteria of this division are met: 2. Portable storage units for a period not exceeding 06 hours four (4) days no more than four (4) times a year';" on residentially zoned property and thirty (30) days on non-residentially zoned property no more than four (4) times a year. A stickor shall bo affixod to tho unit indicating tho dato on '",hich it in dolivorod to tho proporty. Ono sign facoli, not moro than 12" x 18" in moo, shall bo pormittod on a portablo E:torago unit. Tho removal proviE:ions of Soction 3 2103(B)(3)(I) abovo E:hall also apply. 7 Ordinance No. 6573-00 . . Section 9. Article 6, Nonconformity Provisions, Section 6-101, Purpose/ Applicability is hereby amended by revising the purpose/applicability provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code. but which would be prohibited. regulated. or restricted under the terms established herein. effective date of this development code that do not conform to this code. \^/hile nonconformities may continue, the provisions of this article 8re designed to encourage the improvement or elimin8tion of nonconformities in order to better achieve the purposes of this development code. While nonconformities may continue. it is the intent of this development code to bring nonconforming properties into compliance with the provisions of this code in coniunction with a change of use. redevelopment. or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming status. Section 10. Article 7, Enforcement Proceedings and Penalties, Section 7- 102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures, Notification of violations is hereby amended by revising nuisance cases procedures as follows: Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within ten five days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such ten five day period. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; the code enforcement officer may additionally attempt to obtain personal service upon andlor mail notice to the property owner within the ten five day period. Section 11. Article 8, Definitions and Rules for Construction, Section 8-102, Definitions is hereby amended by revising the definition of overnight accommodations as follows: Overnight accommodations means any unit. group of units. dwelling. building or group of buildings within a single complex of buildings. which is rented to guest more than three (3) times in a calendar year for a period of less than thirty (30) days or 1 month at a time. whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. 8 building or portion thereof designed and used prim8rily to provide sleeping 8ccommodations for transient guests for a d8ily or weekly rental charge 8nd including interval such office, meeting, restaur8nt facilities 8S 8re integr81 to its primary function. 8 Ordinance No. 6573-00 . . Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 9 Ordinance No. 6573-00 . . :)" .... ' , '.'~'"'''~''''' \ i....". -""" '-- ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 3-918 ENTITLED RENTING OF RESIDENTIAL DWELLINGS AND RESTRICTING THE RENTAL PERIOD OF DWELLING UNITS IN THE RESIDENTIAL ZONING DISTRICTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS IN RESIDENTIAL AREAS, BY ADDING A NEW SUBSECTION TO SECTION 3- 1407(A) PROHIBITING THE PARKING OF MOTOR VEHICLES ON GRASS IN A REQUIRED FRONT SETBACK; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3- 1503(B)(12) REGARDING NEWSRACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2102(A), PERMITTED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103, STANDARDS, BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, SECTION 7-102(A)(2), MUNICIPAL CODE ENFORCEMENT BOARD/SPECIAL MASTER HEARING PROCEDURES FOR NUISANCE CASES BY REDUCING THE REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS AFTER THE POSTING DATE; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8- 102 DEFINITIONS, BY REVISING AND EXPANDING THE DEFINITION OF OVERNIGHT ACCOMMODATIONS TO INCLUDE CERTAIN SHORT TERM RENTALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has identified development standards which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the City of Clearwater has conducted an in-depth review of the Ordinance No. 6573-00 . . Community Development Code and has identified development standards which need amendment; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows: M. Publiclv owned facilities.. Roofed structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical walls shall not be allowed. Section 2. Article 3, Development Standards is hereby amended by adding a new section 3-918 entitled Renting of Residential Dwellings as follows: Section 3-918. Renting of residential dwellings. No dwelling unit located in a zoning district designated as residential in the Zoning Atlas shall be rented or leased for a period of less than thirty-one (31) days, except as permitted as an accessory overnight accommodation use. Section 3. Article 3, Development Standards, Section 3-1407, Parking restriction in residential areas, is hereby amended by adding a new subsection (4) to Section 3-1407(A) as follows: 4. No parking, displaying or storing of motor vehicles shall be permitted on grass or any other landscaped area in a required front setback on any residentially zoned property where parking on a paved driveway. paved street or other paved area is available. Section 4. Article 3, Development Standards, Section 3-1503, Nuisances, is hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines as follows: (12) Newsracks and vending machines. Any newsrack on public property not in compliance with the provisions of Section 3-909. other than subsection 3- 2 Ordinance No. 6573-00 . . 909(A)(5). or Aflny newsrack or vending machine installed, used or maintained at a location which constitutes an imminent danger or safety hazard to pedestrians or vehicles or otherwise unreasonably interferes with the safe use of any public right-of-way. Section 5. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(C) as follows: G:- Temporary Signs. Temporary signs of no more th~n 12 square foet in total sign fuce ~rea '.vhioh ~re related to 0 gr~nd opening or 0 periodic event ooourring no more frequently than one time per year and whioh e'/ent is conducted in conjunction ':lith the princip~1 use of the parcel proposed for de'/elopment ~nd which signs ~re displ~yed no more th~n 30 days in ~dvance of the even ~nd no more than five days after oompletion of the event. Other speci~1 event ~nd/or public purpose signs of ~ temporary nature m~y be approved on ~ case by c~se basis. The type of sign, size, design ~nd length of displ~y will be determined by the community development coordin~tor. 1. One temporary grand opening sign shall be permitted for thirty (30) days after the issuance of an occupational license for any new business. new owner of an existing business. or business name change. Such sign shall not exceed twelve (12) square feet in total sign face area or such sign may be a temporary covering. such as a toaster cover. sign boot. or sign sock. which covers an existing permitted attached or freestanding sign. 2. Other temporary special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign. size. design and length of display shall be determined by the Community Development Coordinator. Section 6. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is hereby amended by revising Section 3-1805(Q) as follows: (Q) Window signs which occupy less than 20 percent of the total area of the windov.' where the sign is loc~ted or four square foet, whichever is less .YQ to eight (8) square feet in area may be located on any window area provided such sign does not exceed twenty-five percent (25%) of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed twenty-four (24) square feet in area. Section 7. Article 3, Development Standards, Section 3-2102(A), is hereby amended by revising subsection (4) and by adding a new subsection (13) as follows: A. The following temporary uses are permitted subject to obtaining a level one approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 3 Ordinance No. 6573-00 . . 1. Circuses and/or carnivals. 2. Contractors offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Opon lot G Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales. 8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a result of natural or man made disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood parties. 13. Portable storage units. Section 8. Article 3, Development Standards, Section 3-2103 Standards, is hereby amended by revising the subsection as follows: Section 3-2103 Standards. * * * * * * * * * * 6. All temporary uses shall comply with the following additional conditions or requirements: ADDITIONAL REQUIREMENTS FOR TEMPORARY USES 4 Ordinance No. 6573-00 . . Temporary Use Maximum Cumulative Permitted Districts Allowable Time Period for Each Separate Use (per site per calendar year or absolute time limitation, as applicable) Block and neighborhood 2 days All residential districts parties Circuses or carnivals 14 days C, IRT and I Contractors office and/or During construction period All districts construction sheds only while building permit is valid Evangelical and religious 7 days C, D, T and IRT revivals or assemblies Garage, yard or estate No more than 2 times per All residential districts sales property within one year; no longer than 3 days each Sales for: Christmas tree 45 days All non-residential zoning and pumpkin sales and districts other seasonal sales Other temporary 7 days, except 14 days for All nonresidential districts recreational or annual events approved entertainment events by the special events committee Outdoor bazaars, 2 days C, I and D cookouts, special fund raising sales and/or similar activities Sidewalk sales 7 days in conjunction with T and D a special event Temporary commercial The period of time during All districts parking lots which the temporary use the parking serves is authorized Temporary relocation tents 18 months (unless Within a designated area or mobile homes for authorized longer by displaced persons commission resolution) Temporary real estate 24 months All districts sales office or model home Temporary retail sales and 7 days (not more than 4 T, C and D displays times per year) 5 Ordinance No. 6573-00 . . Portable storage units 06 hours (not more th::m -1 All districts times per ye:Jr) unless :Jssoci:Jted INith permitted construction. Residentially zoned property: 4 days. not more than 4 times a year. Non-residentially zoned property: 30 days, not more than 4 times a year or for the duration of an active construction permit. Refer to Sections 3- 21 03(B)(3) and 21 03(C)(2) for additional requirements. * * * * * * * * * 3. Portable storage units, not exceeding eight (8) feet in height, eight (8) feet in width, and sixteen (16) feet in length may be permitted on a site '.vith an active building permit for the storage of items from the site. The port:Jble ctor:Jge unit m:JY remain on the site fDr the length of the active permit. provided such Portable storage units sflaU comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a single family dwelling. The number of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator; 6 Ordinance No. 6573-00 . . f. Gfle Two sign face~, no more than 12" x 18" each, shall be permitted on a portable storage unit; and g. A sticker shall be affixed to all portable storage units indicating the date on which the portable storage unit is delivered to a property. h. If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least twenty-four (24) hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the Building Official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner. I. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk * * * * * * * * * * * 6 Portable storage units for a period not exceeding 06 hours four (4) days no more than four (4) times a year-:- on residentially zoned property and thirty (30) days on non-residentially zoned property no more than four (4) times a year. 1\ sticker shall be affixed to the unit indicating the date on which it is delivered to the property. One sign fnceQ, not more than 12" x 18" in area, shall be permitted on a portable storage unit. The removal provisions of Section 3 21 03(B)(3)(I) above shall also apply. Section 9. Article 6, Nonconformity Provisions, Section 6-101, Purpose/ Applicability is hereby amended by revising the purpose/applicability provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date 7 Ordinance No. 6573-00 . . of the adoption of this Code. but which would be prohibited. regulated. or restricted under the terms established herein. eff-ootive date of thiE: development code that do not oonform to thiE: code. 'Nhile nonoonformities may continue, the provisions of this artiole are designed to encourage the improvement or elimination of nonconformitieE: in order to better aohieve the purposes of this dovelopment code. While nonconformities may continue, it is the intent of this development code to bring nonconforming properties into compliance with the provisions of this code in coniunction with a change of use. redevelopment. or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical as possible to a conforming status. Section 10. Article 7, Enforcement Proceedings and Penalties, Section 7- 102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures, Notification of violations is hereby amended by revising nuisance cases procedures as follows: Nuisance cases. Upon completion of a field investigation by a code enforcement officer and determination that a nuisance exists under Code of Ordinances Section 3-1503, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within taR five days after the date of posting or the filing of a notice of appeal to the municipal code enforcement board during such taR five day period. In nuisance cases only, posting of notice shall be deemed legally sufficient to provide notice; the code enforcement officer may additionally attempt to obtain personal service upon and/or mail notice to the property owner within the taR five day period. Section 11. Article 8, Definitions and Rules for Construction, Section 8-102, Definitions is hereby amended by revising the definition of overnight accommodations as follows: Overnight accommodations means any unit. group of units, dwelling. building or group of buildings within a single complex of buildings. which is rented to guest more than three (3) times in a calendar year for a period of less than thirty (30) days or 1 month at a time, whichever is less. or which is advertised or held out to the public as a place regularly rented to guests. a building or portion thereof designed and uE:ed primarily to provide sleeping aocommodationE: for transient guests for a daily or weekly rental charge and including interval E:uch office, meeting, restaurant faoilities aE: are integral to its primary funotion. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 8 Ordinance No. 6573-00 Approved as to form: . Leslie K. Dougall-Sides Assistant City Attorney . Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 9 Ordinance No. 6573-00 . . NOTICE OF COMMUNITY DEVELOPMENT CODE TEXT AMENDMENT The City of Clearwater, Florida, proposed to adopt the following ordinance: ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 3- 918 ENTITLED RENTING OF RESIDENTIAL DWELLINGS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS IN RESIDENTIAL AREAS, BY ADDING A NEW SUBSECTION TO SECTION 3-1407(A) PROHIBITING THE PARKING OF MOTOR VEHICLES ON GRASS IN A REQUIRED FRONT SETBACK; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3-1503(B)(l2) REGARDING NEWSRACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2102(A), PERMITIED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2103(A)(6), ADDITIONAL REQUIREMENTS FOR TEMPORARY USES BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103(B)(3) BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2103(C)(2) BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, SECTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 DEFINITIONS, BY REVISING THE DEFINITION OF OVERNIGHT ACCOMMODATIONS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS ON THIS MATTER: Communi tv Development Board Meeting Tuesday, July 18,2000, at 1:00 p.m. AND City Commission Meeting Thursday, July 20, 2000 (at 6:00 p.m. or as soon thereafter as the matter can be heard) CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S. Osceola Avenue, Clearwater, Florida Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle A venue, 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 taking 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 and Development Services Director or the City Clerk prior to or during the public hearing. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 Cynthia E. Goudeau, CMC/ AAE City Clerk Ad: 07/01100 . . NOTICE OF COMMUNITY DEVELOPMESQRY TEXT AMENDMENT The City of Clearwater, Florida, proposed to adopt the following ordinance: ORDINANCE NO. 6573-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 601, DOCKS, BY ADDING A NEW SUBSECTION ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 3- 918 ENTITLED RENTING OF RESIDENTIAL DWELLINGS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS IN RESIDENTIAL AREAS, BY ADDING A NEW SUBSECTION TO SECTION 3-1407(A) PROHIBITING THE PARKING OF MOTOR VEHICLES ON GRASS IN A REQUIRED FRONT SETBACK; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503 NUISANCES, BY REVISING SECTION 3-1503(B)(l2) REGARDING NEWS RACKS AND VENDING MACHINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(C) BY REVISING TEMPORARY SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW SIGN REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2102(A), PERMITTED TEMPORARY USES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2103(A)(6), ADDITIONAL REQUIREMENTS FOR TEMPORARY USES BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2103(B)(3) BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3- 2103(C)(2) BY REVISING PORTABLE STORAGE UNIT REQUIREMENTS; AND AMENDING ARTICLE 6, SE<lTION 6-101 BY REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 DEFINITIONS, BY REViSING THE DEFINITION OF OVERNIGHT ACCOMMODATIONS; AND PROVIDING AN EFFECTIVE DATE. '. ... PUBLIC HEARINGS ON THIS MATTER: Community Development Board Meeting Tuesday, July 18,2000, at 1:00 p.m. AND City Commission Meeting Thursday, July 20, 2000 (at 6:00 p.m. or as soon thereafter as the matter can be heard) CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S: Osceola Avenue, Clearwater, Florida Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle Avenue, 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 taking 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 and Development Services Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, CMC/AAE City Clerk Ad: 07/01100 . . Clearwater City Commission Agenda Cover Memorandum W orksession Item # Pinal Agenda Item # Meeting Date Julv 20. 2000 SUBJECT/RECOMMENDATION: Amendments to the Community Development Code. MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6573-00 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: When considering Ordinance No. 6526-00 at the June meetings, the City Commission deferred action on several issues. Attached please find Ordinance No. 6573-00 which proposes amendments to the Community Development Code addressing the following issues as requested by the Commission: . Regulations restricting the renting of residential property; . Regulations regarding the permitted duration of portable storage units on residential and non-residential property; . Increased amount of permitted window signage; . Regulation of temporary sign coverings; . Allowance of two signs instead of one on portable storage units; and . Prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is also requesting that four additional amendments not previously discussed by the Commission be considered: . Allowance of roof structures on publicly owned boardwalks and observation platforms; . Expansion of nuisance provisions regarding newsracks; . Refinement of the nonconforming purpose provisions; and . Reduction in amount oftime given to correct a nuisance violation. Reviewed by: Originating Department: Costs: Commission Action: Legal Planning and Development 0 Approved Budget N/A Total 0 Approved with Conditions Purchasing N/A User Department: 0 Denied Risk Mgmt. N/A Current Fiscal Year 0 Continued to: IS N/A Funding Source: ACM N/A 0 Capital Improvement: Other N/A Advertised: 0 Operating: Date: 0 Other: Attachments: Paper: Submitted by: 0 Not Required Appropriation Code Affected Parties 0 Notified 0 None City Manager 0 Not Required n \'l' Printed on recycled paper . . At the July 17th workshop, staff will address issues that were raised by the Clearwater Coalition of Homeowner's Association and the request to amend the sign ordinance presented by Mr. Rapp. Staff is not supporting amendments in regard to these issues. The Community Development Board will review the proposed amendments at its regularly scheduled meeting on July 18, 2000 and make a recommendation to the Commission. Staff will report the recommendation at the City Commission meeting. 2 . . CDB Meeting Date: July 18. 2000 Case: T AOO-06-04 Agenda Item: C 2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION ST AFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6573-00 INITIATED BY: City of Clearwater City Commission and Planning Department BACKGROUND INFORMATION: When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance No. 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20th Commission meeting: . Regulations restricting the renting of residential property; . Regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; . The amount of permitted window signage; . The regulation of temporary sign coverings; and . The prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is also requesting that four other amendments not discussed at either June meeting be considered. The first issue is whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails. The second is to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance. The third is to revise the purpose statement of the nonconforming provisions; and the fourth is to reduce the amount of time allotted for compliance for nuisance violations from ten days to five days. 1 Revised 07-14-00 e . The Community Development Board discussed and made a recommendation on several of the issues found in this proposed Ordinance No. 6573-00 at its workshop and public hearing earlier this year on the six month code update. Those issues included portable storage units, the prohibition of parking on landscaped areas in the front setback on residentially zoned property and the rental of residentially zoned property. It is in the Board's discretion whether to discuss and entertain comment on these issues again. Alternatively, the Board may hear comments and discuss only the new issues in this proposal. At second reading of the code update ordinance, a representative of the Clearwater Coalition of Homeowner Associations submitted a list of recommendations on the following seven issues for consideration by the Commission: Portable storage units - concern about such units being permitted during the duration of a construction permit in residential areas; Temporary yard signs - concern that this permits commercial signs in residential areas for up to 90 days; Supporting the addition of First Amendment protection language III the sIgn provIsIOns; Supporting the prohibition of parking on the grass; Temporary signs - concern about ability to enforce existing code provisions; Opposed to an increased height for telecommunication towers; and Support further restriction on transfer of development rights. Staff was directed to review these and make a recommendation on each. Of these seven issues, staff has drafted amendments to the portable storage unit provisions, added the prohibition of parking on landscaped areas in residential areas, and revised the temporary sign requirements. Of the remaining issues, staff s position remains unchanged with no revisions proposed in these four areas. The Planning Department is also evaluating the amendment to the sign code proposed by developer Jim Rapp that would give the Community Development Board authority to approve signs larger than permitted. Research on this issue is underway and staff will be prepared to discuss this with the Community Development Board at the meeting. Below please find a description of the amendments proposed in Ordinance No. 6573-00, as well as a discussion of the issues raised by the Coalition, which are not included in the proposed ordinance. 2 Revised 07-14-00 . . ANAL YSIS: Proposed Ordinance No. 6573-00 includes amendments addressing nme Issues. A description of the amendments regarding each issue follows. 1. Renting of Residential Dwellings (Pages 2 and 8 of proposed ordinance,) Staff is proposing an amendment to address the length of time residential units may be rented before being considered a transient accommodation use. A new section 3- 918, entitled Renting of Residential Dwellings, is being proposed to the General Applicability provisions found in Article 3 which would permit the renting or leasing of dwelling units in residential zoning districts for periods no less than thirty-one days. Any property rented for less than thirty-one days would be considered a transient accommodation and would not be permitted in a residential zoning district. This proposed amendment is consistent with the current requirements of the Pinellas Planning Council's Rules Concerning the Administration of the Countywide Land Use Plan. The other proposed amendment revises the definition of overnight accommodations in Section 8-102 to be consistent with the State of Florida's definition of public lodging establishment. Another option to consider would be a regulation that permits a minimum number of short-term rentals per year. Florida Statutes provides two thresholds for determining if a property is operated as a public lodging establishment. The Board could consider regulations that mirror Florida Statute by prohibiting dwelling units from being advertised or held out to the public as a place regularly rented to guests or rented or leased more than three times in a calendar year for periods of less than thirty days or one calendar month at a time. Staff has met with representatives of the Bay Area Apartment Association, Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of Homeowner Associations to discuss these proposed amendments. Staff has also discussed them with the Pinellas Planning Council. At this point, the Council is deferring action until after the Clearwater public hearing on this issue. 2. Parking on Landscaped Areas (Page 2 ofthe proposed ordinance.) Staff is proposing to add a new subsection (4) to Section 3-1407(A) that would prohibit the parking of vehicles and/or boats on landscaped areas in a required front setback where parking is available on a paved driveway or existing designated non- paved driveway, paved street or other paved area. The provision allows parking in the setback on landscaped areas if no alternative paved area is available. Established neighborhoods developed with no driveways could have vehicles parked on landscaped areas if no other paved alternative exists. 3 Revised 07-14-00 . . 3. Temporary Sign Coverings/Grand Opening Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1 st meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision was also added which imposes a time restriction of thirty days after the issuance of an occupational license. Staff is also proposing to eliminate the temporary sign that is permitted once a year for "periodic events." The Coalition is concerned that the existing provisions are too difficult to enforce. By eliminating periodic event signs and by relating grand opening signs to the issuance of an occupational license, sign enforcement concerns are greatly minimized. In order to accommodate the loss of one periodic event sign per year, staff is also proposing increases in the amount of allowable window signage that is discussed in the next issue below. 4. Window Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to eight (8) square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The amendment also imposes a maximum amount of window signage of twenty-four (24) square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage should also accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). 5. Portable Storage Units (Pages 4 -7 of proposed ordinance.) Staff is proposing several amendments to the portable storage unit provisions in Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2). The current regulations permit portable storage units for 96 hours or for the duration of a construction permit on all property and permits one sign face, not exceeding 12" x 18" to be located on portable storage units. The City Commission directed staff to provide different regulations for residential and non-residential property and to reduce the amount of time a portable storage unit may be located on a residential property with a valid construction permit. 4 Revised 07-14-00 . . Staff is proposing the following changes to the current code requirements: . Eliminate the provision allowing a portable storage unit on residentially zoned property for the duration of an active construction permit (up to six months duration). Permit a portable storage unit on residential property for no more than four (4) days only and no more than four (4) times a year; . Permit a portable storage unit on non-residential property for thirty (30) days or for the duration of an active construction permit; . Increase the number of permitted sign faces from one to two provided such faces do not exceed 12" x 18" each; and . Add portable storage unit to permitted temporary use list (ministerial amendment). The elimination of portable storage units permitted in conjunction with and for the duration of a construction permit in residential areas is consistent with the Coalition's recommendations. 6. Publicly Owned Boardwalks/Observation Platforms (Page 2 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to add a new subsection (M) to Section 3-601. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. 7. Newsracks (Page 3 of proposed ordinance. The Community Development Board did not review this particular issue regarding newsracks.) Staff is proposing to expand the existing nuisance provisions regarding newsracks in Section 3-1503(B)(l2). The current code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove non-compliant racks after sufficient notice is given to the owner and it is not removed. 5 Revised 07 -14-00 . . 8. Nonconformity Provisions (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the code to bring nonconforming properties into compliance through a change of use, redevelopment or other change of condition. 9. Enforcement Proceedings (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from ten days to five days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings; accumulations of weeds, debris, etc.; grass/weeds exceeding twelve inches; and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted, however, that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the code not deemed a nuisance would be treated through the existing code enforcement board process. Outstandine Issues Presented by the Clearwater Coalition of Homeowner Associations/Jim Rapp Sienaee In response to the issues presented by the Coalition to the Commission at the June 15th meeting and attached for your review, staff is not recommending any changes to the following issues. Temporary Yard Signs - The Coalition's concern is that the current definition of temporary yard signs permits commercial speech in residential areas. Staff is not recommending changing the temporary yard sign regulations. The basis for this opinion is that cities are generally prohibited from regulating content on a sign and may only regulate other physical characteristics of a sign. First Amendment Protection Language - Staff is not recommending adding this language to the code. Telecommunication Tower Height - The amendment approved by the Commission to the telecommunication tower regulations provides the Community Development Board the authority to approve an additional twenty-five (25) feet of height, if such height can eliminate the need for an additional tower. This provision permits the maximum height of a tower to be increased from 160 feet to a maximum of 185 feet. 6 Revised 07 -14-00 . . The increase would have minimal impacts on surrounding property. From the ground, the height difference would be very difficult to discern. Staff supports maintaining the provision that was approved by the Commission since additional height may only be approved upon a finding that the increased height will reduce the need for a new tower. Staff believes that the provision is fair and necessary. Transfers of Development Rights - Significant amendments were made to the transfer of development rights provisions which imposed strict limitations on the use of this redevelopment tool. The new provision limits the amount of transfers that can be sent and received, prohibits transfers from occurring from and to single family zoning districts, and review criteria was added for the Community Development Board to use when review applications for transfer of development rights. Staff supports maintaining the regulations as approved by the City Commission. Jim Rapp Sign age - Mr. Rapp has proposed an amendment to the sign code which allows attached signs to increase in size as the buildings are setback farther from the property line. Staff has researched other jurisdictions and has not found any examples of this type of allowance. Staff has also found that this technique is difficult to apply uniformly due to wide variations in rights-of-way and street widths. Staff also believes that the allowances for freestanding signs allow for ample business identification. These signs can be placed as close as five feet from the front property line, therefore staff is not recommending this amendment. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of built-up neighborhoods, and infill development to encourage economic vitality and counteract the scarcity of vacant land." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, the limitations for portable storage units in residential areas, and the ability to require rapid abatement of nuisance violations will further the goal of renewing declining areas and stabilizing built-up neighborhood by imposing restrictions which promote stability, heightened property maintenance standards, and aesthetics. 7 Revised 07 -14-00 . . . Policy 2.4.2 - "Neighborhood preservation and infill development shall be encouraged by maintenance and upgrading of public and private property." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, newsracks enforcement provisions, and limitations on portable storage units in residential areas shall further neighborhood preservation by encouraging property maintenance and upgrading of both public and private property. . Goal 3 - "The character of Clearwater as a high quality, attractive environment for resort, residential, and business activities shall be enhanced and encouraged through implementation of Clearwater's Comprehensive plan." The provisions permitting roof structures on publicly owned observation platforms, etc, the restriction on renting residential property, and the ability to require rapid abatement of nuisance violations will work toward enhancing the City's residential and resort character. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise development standards found in Article 3, the purpose/applicability provisions for nonconformities in Article 6, enforcement procedures in Article 7, and a definition in Article 8 of the Community Development Code. The proposed amendments are consistent with the following purposes of the Code. . Section l-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 procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality oflife of all residents and property owners of the city; . Section 1-103(E)(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; and . Section 1-103(E)(3) - Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. 8 Revised 07-14-00 . . SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments require high standards for improvements on public property, provide businesses with reasonable opportunities for temporary and window signage, impose high standards for property maintenance and temporary uses, and permits the rapid enforcement of nuisance violations. The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 that makes revisions to the Community Development Code. Prepared by: Gina L. Clayton ATTACHMENTS: Proposed Ordinance No. 6573-00. Open Issues List by the Clearwater Coalition of Homeowner's Association Letter from Nicholas Fritsch and Joe Calio 9 Revised 07-14-00 . . CDB Meeting Date: July 18. 2000 Case: T AOO-06-04 Agenda Item: C 2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION ST AFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6573-00 INITIATED BY: City of Clearwater City Commission and Planning Department BACKGROUND INFORMATION: When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance No. 6526-00 or brought forward by citizens. Based on discussions at the first reading of Ordinance No. 6526-00 the following issues were deferred or recommended for further review until the July 20th Commission meeting: . Regulations restricting the renting of residential property; . Regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property; . The amount of permitted window signage; and . The regulation of temporary sign coverings. At the second reading of Ordinance No. 6526-00 on June 15th, the City Commission directed staff to also include the following issues in an ordinance to be considered at the July 20th meeting: . The allowance of two signs instead of one on portable storage units; and . The prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. 1 Revised 6-29-00 . . Staff is also requesting that the Commission consider four other amendments that were not discussed at either June meeting. The first issue is whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails. The second is to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance. The third is to revise the purpose statement of the nonconforming provisions; and the fourth is to reduce the amount of time allotted for compliance for nuisance violations from ten days to five days. A representative of the Clearwater Coalition of Homeowner Associations also submitted a list of recommendations on the following issues: Portable storage units - concern about such units being permitted during the duration of a construction permit in residential areas; Temporary yard signs - concern that this permits commercial signs in residential areas for up to 90 days; Supporting the addition of First Amendment protection language III the sIgn prOVIsIOns; Supporting the prohibition of parking on the grass; Temporary signs - concern about ability to enforce existing code provisions; Opposed to an increased height for telecommunication towers; and Support further restriction on transfer of development rights. Of these seven issues, staff is proposing to amend the portable storage unit provisions, add the prohibition of parking on landscaped areas in residential areas, and revise the temporary sign requirements. Of the remaining issues, staff position remains unchanged with no revision proposed in these four areas. The Planning Department is evaluating the amendment to the sign code proposed by Mr. Rapp which would give the Community Development Board authority to approve signs larger than permitted. Staff will be prepared to discuss this with the Commission at the July 20th meeting. Below please find a description of the amendments proposed in Ordinance No. 6573-00, as well as a discussion of the issues raised by the Coalition which are not included in the proposed ordinance. 2 Revised 6-29-00 . . ANALYSIS: Proposed Ordinance No. 6573-00 includes amendments addressing mne Issues. A description of the amendments regarding each issue follows. 1. Renting of Residential Dwellings Staff is proposing an amendment to address the length of time residential units may be rented before being considered a transient accommodation use. A new section 3- 918, entitled Renting of Residential Dwellings, is being proposed to the General Applicability provisions found in Article 3 which would permit the renting or leasing of dwelling units in residential zoning districts for periods no less than thirty-one days. Any property rented for less than thirty-one days would be considered a transient accommodation and would not be permitted in a residential zoning district. This proposed amendment is consistent with the current requirements of the Pinellas Planning Council's Rules Concerning the Administration of the Countywide Land Use Plan. The other proposed amendment revises the definition of overnight accommodations in Section 8-102 to be consistent with the State of Florida's definition of public lodging establishment. Another option to consider would be a regulation that permits a minimum number of short term rentals per year. Florida Statutes provides two thresholds for determining if a property is operated as a public lodging establishment. The Board could consider regulations that prohibit dwelling units from being advertised or held out to the public as a place regularly rented to guests or rented or leased more than three times in a calendar year for periods of less than thirty days or one calendar month at a time. Staff has met with representatives of the Bay Area Apartment Association, Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of Homeowner Associations to discuss these proposed amendments. Staff has also discussed them with the Pinellas Planning Council. At this point, the Council is deferring action until after the Clearwater public hearing on this issue. 2. Parking on Landscaped Areas Staff is proposing to add a new subsection (4) to Section 3-1407(A) which would prohibit the parking of vehicles on landscaped areas in a required front setback where parking is available on a paved driveway, paved street or other paved area. The provision allows parking in the setback on landscaped areas if no alternative paved area is available. Established neighborhoods developed with no driveways could have vehicles parked on landscaped areas if no other paved alternative exists. 3 Revised 6-29-00 . . 3. Temporary Sign Coverings/Grand Opening Signs In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers. At the June 1 sl meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision was also added which imposes a time restriction of thirty days after the issuance of an occupational license. Staff is also proposing to eliminate the temporary sign that is permitted once a year for "periodic events." The Coalition is concerned that the existing provisions are too difficult to enforce. By eliminating periodic event signs and by relating grand opening signs to the issuance of an occupational license, sign enforcement concerns are greatly minimized. In order to accommodate the loss of one periodic event sign per year, staff is also proposing increases in the amount of allowable window signage which is discussed in the next issue below. 4. Window Signs Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to eight (8) square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The proposed increase in permitted window signage should also accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). 5. Portable Storage Units Staff is proposing several amendments to the portable storage unit provisions in Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2). The current regulations permit portable storage units for 96 hours or for the duration of a construction permit on all property and permits one sign face, not exceeding 12" x 18" to be located on portable storage units. The City Commission directed staff to provide different regulations for residential and non-residential property and to reduce the amount of time a portable storage unit may be located on a residential property with a valid construction permit. Staff is proposing the following changes to the current code requirements: 4 Revised 6-29-00 . . . Eliminate the provision allowing a portable storage unit on residentially zoned property for the duration of a construction permit (up to six months duration). Permit a portable storage unit on residential property for seven (7) days only; . Permit a portable storage unit on non-residential property for thirty (30) days or for the duration of an active construction permit; . Increase the number of permitted sign faces from one to two provided such faces do not exceed 12" x 18" each; and . Add portable storage unit to permitted temporary use list (ministerial amendment). The elimination of portable storage units permitted in conjunction with and for the duration of a construction permit in residential areas is consistent with the Coalition's recommendations. 6. Publicly Owned Boardwalks/Observation Platforms Staff is proposing to add a new subsection (M) to Section 3-601. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purposed of this amendment is give flexibility to the City when erecting or retrofitting such facilities. 7. N ewsracks Staff is proposing to expand the existing nuisance provisions regarding newsracks in Section 3-1503(B)(l2). The current code requirement declares newsracks and vending machines located in a manner that causes imminent danger or is otherwise unsafe to be a nuisance. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove non-compliant racks after sufficient notice is given to the owner and it is not removed. 8. Nonconformity Provisions Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the code to bring nonconforming properties into compliance through a change of use, redevelopment or any other change of condition. 5 Revised 6-29-00 . . Outstanding Issues Presented by the Clearwater Coalition of Homeowner Associations In response to the issues presented by the Coalition to the Commission at the June 15th meeting and attached for your review, staff is not recommending any changes to the following issues. Temporary Yard Signs - The Coalition's concern is that the current definition of temporary yard signs permits commercial speech in residential areas. The City Attorney's office does not recommend changing the temporary yard sign regulations and is in the process of preparing a legal opinion on this issue. The basis for this opinion is that cities are generally prohibited from regulating content on a sign and may only regulate other physical characteristics of a sign. First Amendment Protection Language - The City Attorney's office does not recommend adding this language to the code and is in the process of preparing a legal opinion on this issue. Telecommunication Tower Height - The amendment approved by the Commission to the telecommunication tower regulations provides the Community Development Board the authority to approve an additional twenty-five (25) feet of height, if such height can eliminate the need for an additional tower. This provision permits the maximum height of a tower to be increased from 160 feet to a maximum of 185 feet. The increase would have minimal impacts on surrounding property. From the ground, the height difference would be very difficult to discern. Staff supports maintaining the provision that was approved by the Commission since additional height may only be approved upon a finding that the increased height will reduce the need for a new tower. Staff believes that the provision is fair and necessary. Transfer of Development Rights - Significant amendments were made to the transfer of development rights provisions which imposed strict limitations on the use of this redevelopment tool. The new provision limits the amount of transfers that can be sent and received, it prohibits transfers from occurring from and to single family zoning districts, and review criteria was added for the Community Development Board to use when review applications for transfer of development rights. Staff supports maintaining the regulations as approved by the City Commission. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. 6 Revised 6-29-00 . . Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of built-up neighborhoods, and infill development to encourage economic vitality and counteract the scarcity of vacant land." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback and the limitations for portable storage units in residential areas will further the goal of renewing declining areas and stabilizing built-up neighborhood by imposing restrictions which promote stability, heightened property maintenance standards, and aesthetics. . Policy 2.4.2 - "Neighborhood preservation and infill development shall be encouraged by maintenance and upgrading of public and private property." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, newsracks enforcement provisions, and limitations on portable storage units in residential areas shall further neighborhood preservation by encouraging property maintenance and upgrading of both public and private property. . Goal 3 - "The character of Clearwater as a high quality, attractive environment for resort, residential, and business activities shall be enhanced and encouraged through implementation of Clearwater's Comprehensive plan." The provisions permitting roof structures on publicly owned observation platforms, etc, the restriction on renting residential property, and the ability to require rapid abatement of nuisance violations will work toward enhancing the City's residential and resort character. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise development standards found in Article 3 of the Community Development Code. The proposed amendments are consistent with 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 procedures 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; 7 Revised 6-29-00 . . . Section 1-103(E)(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; and . Section 1-103(E)(3) - Protect and conserve the value ofland throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments require high standards for improvements on public property, provide businesses with reasonable opportunities for temporary signage and impose high standards for property maintenance and temporary uses. The Community Development Board will review proposed Ordinance No. 6573-00 on July 18, 2000. Staff will report the Board's recommendation at the July 20th Commission meeting. The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 which makes revisions to the Community Development Code. Prepared by: Gina L. Clayton ATTACHMENT: Proposed Ordinance No. 6573-00. Open Issues List by the Clearwater Coalition of Homeowner's Association 8 Revised 6-29-00 . . CDB Meeting Date: July 18.2000 Case: T AOO-06-04 Agenda Item: C 2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6573-00 INITIA TED BY: City of Clearwater City Commission and Planning Department BACKGROUND INFORMATION: When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance No. 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20th Commission meeting: . Regulations restricting the renting of residential property; . Regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; . The amount of permitted window signage; . The regulation of temporary sign coverings; and . The prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is also requesting that four other amendments not discussed at either June meeting be considered. The first issue is whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails. The second is to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance. The third is to revise the purpose statement of the nonconforming provisions; and the fourth is to reduce the amount of time allotted for compliance for nuisance violations from ten days to five days. 1 . . The Community Development Board discussed and made a recommendation on several of the issues found in this proposed Ordinance No. 6573-00 at its workshop and public hearing earlier this year on the six month code update. Those issues included portable storage units, the prohibition of parking on landscaped areas in the front setback on residentially zoned property and the rental of residentially zoned property. It is in the Board's discretion whether to discuss and entertain comment on these issues again. Alternatively, the Board may hear comments and discuss only the new issues in this proposal. At second reading of the code update ordinance, a representative of the Clearwater Coalition of Homeowner Associations submitted a list of recommendations on the following seven issues for consideration by the Commission: Portable storage units - concern about such units being permitted during the duration of a construction permit in residential areas; Temporary yard signs - concern that this permits commercial sIgns in residential areas for up to 90 days; Supporting the addition of First Amendment protection language In the sIgn prOVIsIons; Supporting the prohibition of parking on the grass; Temporary signs - concern about ability to enforce existing code provisions; Opposed to an increased height for telecommunication towers; and Support further restriction on transfer of development rights. Staff was directed to review these and make a recommendation on each. Of these seven issues, staff has drafted amendments to the portable storage unit provisions, added the prohibition of parking on landscaped areas in residential areas, and revised the temporary sign requirements. Of the remaining issues, staff's position remains unchanged with no revisions proposed in these four areas. The Planning Department is also evaluating the amendment to the sign code proposed by developer Jim Rapp that would give the Community Development Board authority to approve signs larger than permitted. Research on this issue is underway and staff will be prepared to discuss this with the Community Development Board at the meeting. Below please find a description of the amendments proposed in Ordinance No. 6573-00, as well as a discussion of the issues raised by the Coalition, which are not included in the proposed ordinance. 2 . . ANALYSIS: Proposed Ordinance No. 6573-00 includes amendments addressing nIne Issues. A description of the amendments regarding each issue follows. 1. Renting of Residential Dwellings (Pages 2 and 8 of proposed ordinance.) Staff is proposing an amendment to address the length of time residential units may be rented before being considered a transient accommodation use. A new section 3- 918, entitled Renting of Residential Dwellings, is being proposed to the General Applicability provisions found in Article 3 which would permit the renting or leasing of dwelling units in residential zoning districts for periods no less than thirty-one days. Any property rented for less than thirty-one days would be considered a transient accommodation and would not be permitted in a residential zoning district. This proposed amendment is consistent with the current requirements of the Pinellas Planning Council's Rules Concerning the Administration of the Countywide Land Use Plan. The other proposed amendment revises the definition of overnight accommodations in Section 8-102 to be consistent with the State of Florida's definition of public lodging establishment. Another option to consider would be a regulation that permits a minimum number of short-term rentals per year. Florida Statutes provides two thresholds for determining if a property is operated as a public lodging establishment. The Board could consider regulations that mirror Florida Statute by prohibiting dwelling units from being advertised or held out to the public as a place regularly rented to guests or rented or leased more than three times in a calendar year for periods of less than thirty days or one calendar month at a time. Staff has met with representatives of the Bay Area Apartment Association, Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of Homeowner Associations to discuss these proposed amendments. Staff has also discussed them with the Pinellas Planning Council. At this point, the Council is deferring action until after the Clearwater public hearing on this issue. 2. Parking on Landscaped Areas (Page 2 of the proposed ordinance.) Staff is proposing to add a new subsection (4) to Section 3-1407(A) that would prohibit the parking of vehicles on landscaped areas in a required front setback where parking is available on a paved driveway, paved street or other paved area. The provision allows parking in the setback on landscaped areas if no alternative paved area is available. Established neighborhoods developed with no driveways could have vehicles parked on landscaped areas if no other paved alternative exists. 3 . . 3. Temporary Sign Coverings/Grand Opening Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1 st meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision was also added which imposes a time restriction of thirty days after the issuance of an occupational license. Staff is also proposing to eliminate the temporary sign that is permitted once a year for "periodic events." The Coalition is concerned that the existing provisions are too difficult to enforce. By eliminating periodic event signs and by relating grand opening signs to the issuance of an occupational license, sign enforcement concerns are greatly minimized. In order to accommodate the loss of one periodic event sign per year, staff is also proposing increases in the amount of allowable window signage that is discussed in the next issue below. 4. Window Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to eight (8) square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The amendment also imposes a maximum amount of window signage of twenty-four (24) square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage should also accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). 5. Portable Storage Units (Pages 4 - 7 of proposed ordinance.) Staff is proposing several amendments to the portable storage unit provISIOns 10 Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2). The current regulations permit portable storage units for 96 hours or for the duration of a construction permit on all property and permits one sign face, not exceeding 12" x 18" to be located on portable storage units. The City Commission directed staff to provide different regulations for residential and non-residential property and to reduce the amount of time a portable storage unit may be located on a residential property with a valid construction permit. 4 . . Staff is proposing the following changes to the current code requirements: · Eliminate the provision allowing a portable storage unit on residentially zoned property for the duration of an active construction permit (up to six months duration). Permit a portable storage unit on residential property for no more than four (4) days only and no more than four (4) times a year; . Permit a portable storage unit on non-residential property for thirty (30) days or for the duration of an active construction permit; . Increase the number of permitted sign faces from one to two provided such faces do not exceed 12" x 18" each; and . Add portable storage unit to permitted temporary use list (ministerial amendment). The elimination of portable storage units permitted in conjunction with and for the duration of a construction permit in residential areas is consistent with the Coalition's recommendations. 6. Publicly Owned Boardwalks/Observation Platforms (Page 2 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to add a new subsection (M) to Section 3-601. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. 7. Newsracks (Page 3 of proposed ordinance. The Community Development Board did not review this particular issue regarding newsracks.) Staff is proposing to expand the existing nuisance provisions regarding newsracks in Section 3-1503(B)(12). The current code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove non-compliant racks after sufficient notice is given to the owner and it is not removed. 5 . . 8. Nonconformity Provisions (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the code to bring nonconforming properties into compliance through a change of use, redevelopment or other change of condition. 9. Enforcement Proceedings (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from ten days to five days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings; accumulations of weeds, debris, etc.; grass/weeds exceeding twelve inches; and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted, however, that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the code not deemed a nuisance would be treated through the existing code enforcement board process. Outstandin2 Issues Presented bv the Clearwater Coalition of Homeowner Associations In response to the issues presented by the Coalition to the Commission at the June 15th meeting and attached for your review, staff is not recommending any changes to the following issues. Temporary Yard Signs - The Coalition's concern is that the current definition of temporary yard signs permits commercial speech in residential areas. The City Attorney's office does not recommend changing the temporary yard sign regulations. The basis for this opinion is that cities are generally prohibited from regulating content on a sign and may only regulate other physical characteristics of a sign. First Amendment Protection Language - The City Attorney's office does not recommend adding this language to the code. Telecommunication Tower Height - The amendment approved by the Commission to the telecommunication tower regulations provides the Community Development Board the authority to approve an additional twenty-five (25) feet of height, if such height can eliminate the need for an additional tower. This provision permits the maximum height of a tower to be increased from 160 feet to a maximum of 185 feet. 6 . . The increase would have minimal impacts on surrounding property. From the ground, the height difference would be very difficult to discern. Staff supports maintaining the provision that was approved by the Commission since additional height may only be approved upon a finding that the increased height will reduce the need for a new tower. Staff believes that the provision is fair and necessary. Transfers of Development Rights - Significant amendments were made to the transfer of development rights provisions which imposed strict limitations on the use of this redevelopment tool. The new provision limits the amount of transfers that can be sent and received, it prohibits transfers from occurring from and to single family zoning districts, and review criteria was added for the Community Development Board to use when review applications for transfer of development rights. Staff supports maintaining the regulations as approved by the City Commission. Additional Amendments Proposed By Plannin2 Staff 1. Residential Infill Projects - Based on one of the review criteria for residential infill projects which addresses flexibility with regard to development standards, the Code permits flexibility in development standards that may be reduced beyond what is listed in the use charts. This flexibility requires the review and approval of the Community Development Board. To more clearly identify this flexibility, staff is proposing to add a footnote to each flexible development use chart in the residential zoning districts specifying that the development standards enumerated for residential infill projects are guidelines and may be varied depending on each site plan. 2. Fences - Staff added a provision in the code update regarding corner lot fences, however, it does not adequately address differing corner lot configurations and needs to be more specific. Staff is proposing that if a corner lot has a rear yard that abuts the rear yard of another corner lot, a six-foot high fence would be permitted in the yard abutting the side street. Staff is also proposing that if a rear yard of a corner lot abuts a front yard of another lot that only a three-foot high fence be permitted in front of the setback line of the principal building on the adjacent lot. This provision will protect the view of an adjacent property owner. 3. Comprehensive Sign Program - Staff added provisions for monument signs in the nonresidential zoning districts in the code update. It was never contemplated, however, that such signs be subject to the comprehensive sign program which allows an increase of up to 100% in sign size. Staff is proposing that an amendment clarifying this be made to the comprehensive sign program provisions. 4. Temporary Yard Signs - Staff has determined there are no regulations that permit political speech in the nonresidential zoning districts, therefore, staff is proposing that the current temporary yard sign be expanded to include a sign, not exceeding thirty- two (32) square feet, in the nonresidential zoning districts. 7 . . Staff will provide the Board with draft ordinance language reflecting these proposed changes at the meeting. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: · Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of built-up neighborhoods, and infill development to encourage economic vitality and counteract the scarcity of vacant land." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, the limitations for portable storage units in residential areas, and the ability to require rapid abatement of nuisance violations will further the goal of renewing declining areas and stabilizing built-up neighborhood by imposing restrictions which promote stability, heightened property maintenance standards, and aesthetics. · Policy 2.4.2 - "Neighborhood preservation and infill development shall be encouraged by maintenance and upgrading of public and private property." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, newsracks enforcement provisions, and limitations on portable storage units in residential areas shall further neighborhood preservation by encouraging property maintenance and upgrading of both public and private property. · Goal 3 - "The character of Clearwater as a high quality, attractive environment for resort, residential, and business activities shall be enhanced and encouraged through implementation of Clearwater' s Comprehensive plan." The provisions permitting roof structures on publicly owned observation platforms, etc, the restriction on renting residential property, and the ability to require rapid abatement of nuisance violations will work toward enhancing the City's residential and resort character. 8 . . 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise development standards found 10 Article 3, the purpose/applicability provisions for nonconformities in Article 6, enforcement procedures in Article 7, and a definition in Article 8 of the Community Development Code. The proposed amendments are consistent with 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 procedures 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; · Section 1-103 (E)(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; and · Section 1-103(E)(3) - Protect and conserve the value ofland throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments require high standards for improvements on public property, provide businesses with reasonable opportunities for temporary and window signage, impose high standards for property maintenance and temporary uses, and permits the rapid enforcement of nuisance violations. The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 that makes revisions to the Community Development Code. Prepared by: Gina L. ClaytonQ(j ATTACHMENTS: . Proposed Ordinance No. 6573-00. Open Issues List by the Clearwater Coalition of Homeowner's Association Letter from Nicholas Fritsch and Joe Calio 9 . . CDB Meeting Date: July 18. 2000 Case: T AOO-06-04 Agenda Item: C 2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6573-00 INITIA TED BY: City of Clearwater City Commission and Planning Department BACKGROUND INFORMATION: When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance No. 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20th Commission meeting: . Regulations restricting the renting of residential property; · Regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; . The amount of permitted window signage; . The regulation of temporary sign coverings; and · The prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is also requesting that four other amendments not discussed at either June meeting be considered. The first issue is whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails. The second is to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance. The third is to revise the purpose statement of the nonconforming provisions; and the fourth is to reduce the amount of time allotted for compliance for nuisance violations from ten days to five days. 1 . . The Community Development Board discussed and made a recommendation on several of the issues found in this proposed Ordinance No. 6573-00 at its workshop and public hearing earlier this year on the six month code update. Those issues included portable storage units, the prohibition of parking on landscaped areas in the front setback on residentially zoned property and the rental of residentially zoned property. It is in the Board's discretion whether to discuss and entertain comment on these issues again. Alternatively, the Board may hear comments and discuss only the new issues in this proposal. At second reading of the code update ordinance, a representative of the Clearwater Coalition of Homeowner Associations submitted a list of recommendations on the following seven issues for consideration by the Commission: Portable storage units - concern about such units being permitted during the duration of a construction permit in residential areas; Temporary yard signs - concern that this permits commercial SIgns in residential areas for up to 90 days; Supporting the addition of First Amendment protection language 10 the SIgn proVIsIons; Supporting the prohibition of parking on the grass; Temporary signs - concern about ability to enforce existing code provisions; Opposed to an increased height for telecommunication towers; and Support further restriction on transfer of development rights. Staff was directed to review these and make a recommendation on each. Of these seven issues, staff has drafted amendments to the portable storage unit provisions, added the prohibition of parking on landscaped areas in residential areas, and revised the temporary sign requirements. Of the remaining issues, staff s position remains unchanged with no revisions proposed in these four areas. The Planning Department is also evaluating the amendment to the sign code proposed by developer Jim Rapp that would give the Community Development Board authority to approve signs larger than permitted. Research on this issue is underway and staff will be prepared to discuss this with the Community Development Board at the meeting. Below please find a description of the amendments proposed in Ordinance No. 6573-00, as well as a discussion of the issues raised by the Coalition, which are not included in the proposed ordinance. 2 . . ANALYSIS: Proposed Ordinance No. 6573-00 includes amendments addressing nIne Issues. A description of the amendments regarding each issue follows. 1. Renting of Residential Dwellings (Pages 2 and 8 of proposed ordinance.) Staff is proposing an amendment to address the length of time residential units may be rented before being considered a transient accommodation use. A new section 3- 918, entitled Renting of Residential Dwellings, is being proposed to the General Applicability provisions found in Article 3 which would permit the renting or leasing of dwelling units in residential zoning districts for periods no less than thirty-one days. Any property rented for less than thirty-one days would be considered a transient accommodation and would not be permitted in a residential zoning district. This proposed amendment is consistent with the current requirements of the Pinellas Planning Council's Rules Concerning the Administration of the Countywide Land Use Plan. The other proposed amendment revises the definition of overnight accommodations in Section 8-102 to be consistent with the State of Florida's definition of public lodging establishment. Another option to consider would be a regulation that permits a minimum number of short-term rentals per year. Florida Statutes provides two thresholds for determining if a property is operated as a public lodging establishment. The Board could consider regulations that mirror Florida Statute by prohibiting dwelling units from being advertised or held out to the public as a place regularly rented to guests or rented or leased more than three times in a calendar year for periods of less than thirty days or one calendar month at a time. Staff has met with representatives of the Bay Area Apartment Association, Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of Homeowner Associations to discuss these proposed amendments. Staff has also discussed them with the Pinellas Planning Council. At this point, the Council is deferring action until after the Clearwater public hearing on this issue. 2. Parking on Landscaped Areas (Page 2 of the proposed ordinance.) Staff is proposing to add a new subsection (4) to Section 3-1407(A) that would prohibit the parking of vehicles on landscaped areas in a required front setback where parking is available on a paved driveway, paved street or other paved area. The provision allows parking in the setback on landscaped areas if no alternative paved area is available. Established neighborhoods developed with no driveways could have vehicles parked on landscaped areas if no other paved alternative exists. 3 . . 3. Temporary Sign Coverings/Grand Opening Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1 st meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision was also added which imposes a time restriction of thirty days after the issuance of an occupational license. Staff is also proposing to eliminate the temporary sign that is permitted once a year for "periodic events." The Coalition is concerned that the existing provisions are too difficult to enforce. By eliminating periodic event signs and by relating grand opening signs to the issuance of an occupational license, sign enforcement concerns are greatly minimized. In order to accommodate the loss of one periodic event sign per year, staff is also proposing increases in the amount of allowable window signage that is discussed in the next issue below. 4. Window Signs (Page 3 of the proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to eight (8) square feet in area provided that 25% of the window area on which the sign is located is not exceeded. The amendment also imposes a maximum amount of window signage of twenty-four (24) square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage should also accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). 5. Portable Storage Units (pages 4 - 7 of proposed ordinance.) Staff is proposing several amendments to the portable storage unit provISIons In Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2). The current regulations permit portable storage units for 96 hours or for the duration of a construction permit on all property and permits one sign face, not exceeding 12" x 18" to be located on portable storage units. The City Commission directed staff to provide different regulations for residential and non-residential property and to reduce the amount of time a portable storage unit may be located on a residential property with a valid construction permit. 4 . . Staff is proposing the following changes to the current code requirements: · Eliminate the provision allowing a portable storage unit on residentially zoned property for the duration of an active construction permit (up to six months duration). Permit a portable storage unit on residential property for no more than four (4) days only and no more than four (4) times a year; · Permit a portable storage unit on non-residential property for thirty (30) days or for the duration of an active construction permit; · Increase the number of permitted sign faces from one to two provided such faces do not exceed 12" x 18" each; and · Add portable storage unit to permitted temporary use list (ministerial amendment). The elimination of portable storage units permitted in conjunction with and for the duration of a construction permit in residential areas is consistent with the Coalition's recommendations. 6. Publicly Owned Boardwalks/Observation Platforms (Page 2 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to add a new subsection (M) to Section 3-601. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. 7. Newsracks (Page 3 of proposed ordinance. The Community Development Board did not review this particular issue regarding newsracks.) Staff is proposing to expand the existing nuisance provisions regarding newsracks in Section 3-1503(B)(12). The current code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove non-compliant racks after sufficient notice is given to the owner and it is not removed. 5 . . 8. Nonconformity Provisions (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to revise the purpose/applicability section of the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the code to bring nonconforming properties into compliance through a change of use, redevelopment or other change of condition. 9. Enforcement Proceedings (Page 8 of proposed ordinance. Not previously reviewed by the Community Development Board.) Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from ten days to five days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings; accumulations of weeds, debris, etc.; grass/weeds exceeding twelve inches; and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted, however, that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the code not deemed a nuisance would be treated through the existing code enforcement board process. Outstandin2 Issues Presented by the Clearwater Coalition of Homeowner Associations In response to the issues presented by the Coalition to the Commission at the June 15th meeting and attached for your review, staff is not recommending any changes to the following issues. Temporary Yard Signs - The Coalition's concern is that the current definition of temporary yard signs permits commercial speech in residential areas. The City Attorney's office does not recommend changing the temporary yard sign regulations. The basis for this opinion is that cities are generally prohibited from regulating content on a sign and may only regulate other physical characteristics of a sign. First Amendment Protection Language - The City Attorney's office does not recommend adding this language to the code. Telecommunication Tower Height - The amendment approved by the Commission to the telecommunication tower regulations provides the Community Development Board the authority to approve an additional twenty-five (25) feet of height, if such height can eliminate the need for an additional tower. This provision permits the maximum height of a tower to be increased from 160 feet to a maximum of 185 feet. 6 . . The increase would have minimal impacts on surrounding property. From the ground, the height difference would be very difficult to discern. Staff supports maintaining the provision that was approved by the Commission since additional height may only be approved upon a finding that the increased height will reduce the need for a new tower. Staff believes that the provision is fair and necessary. Transfers of Development Rights - Significant amendments were made to the transfer of development rights provisions which imposed strict limitations on the use of this redevelopment tool. The new provision limits the amount of transfers that can be sent and received, it prohibits transfers from occurring from and to single family zoning districts, and review criteria was added for the Community Development Board to use when review applications for transfer of development rights. Staff supports maintaining the regulations as approved by the City Commission. Additional Amendments Proposed By Plannin2 Staff 1. Residential Infill Projects - Based on one of the review criteria for residential infill projects which addresses flexibility with regard to development standards, the Code permits flexibility in development standards that may be reduced beyond what is listed in the use charts. This flexibility requires the review and approval of the Community Development Board. To more clearly identify this flexibility, staff is proposing to add a footnote to each flexible development use chart in the residential zoning districts specifying that the development standards enumerated for residential infill projects are guidelines and may be varied depending on each site plan. 2. Fences - Staff added a provision in the code update regarding corner lot fences, however, it does not adequately address differing corner lot configurations and needs to be more specific. Staff is proposing that if a corner lot has a rear yard that abuts the rear yard of another corner lot, a six-foot high fence would be permitted in the yard abutting the side street. Staff is also proposing that if a rear yard of a corner lot abuts a front yard of another lot that only a three-foot high fence be permitted in front of the setback line of the principal building on the adjacent lot. This provision will protect the view of an adjacent property owner. 3. Comprehensive Sign Program - Staff added provisions for monument signs in the nonresidential zoning districts in the code update. It was never contemplated, however, that such signs be subject to the comprehensive sign program which allows an increase of up to 100% in sign size. Staff is proposing that an amendment clarifying this be made to the comprehensive sign program provisions. 4. Temporary Yard Signs - Staff has determined there are no regulations that permit political speech in the nonresidential zoning districts, therefore, staff is proposing that the current temporary yard sign be expanded to include a sign, not exceeding thirty- two (32) square feet, in the nonresidential zoning districts. 7 . . Staff will provide the Board with draft ordinance language reflecting these proposed changes at the meeting. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: · Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of built-up neighborhoods, and infill development to encourage economic vitality and counteract the scarcity of vacant land." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, the limitations for portable storage units in residential areas, and the ability to require rapid abatement of nuisance violations will further the goal of renewing declining areas and stabilizing built-up neighborhood by imposing restrictions which promote stability, heightened property maintenance standards, and aesthetics. · Policy 2.4.2 - "Neighborhood preservation and infill development shall be encouraged by maintenance and upgrading of public and private property." The provisions restricting the renting of residential property, the prohibition of parking on landscaped areas in the front setback, newsracks enforcement provisions, and limitations on portable storage units in residential areas shall further neighborhood preservation by encouraging property maintenance and upgrading of both public and private property. · Goal 3 - "The character of Clearwater as a high quality, attractive environment for resort, residential, and business activities shall be enhanced and encouraged through implementation of Clearwater's Comprehensive plan." The provisions permitting roof structures on publicly owned observation platforms, etc, the restriction on renting residential property, and the ability to require rapid abatement of nuisance violations will work toward enhancing the City's residential and resort character. 8 . . 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise development standards found in Article 3, the purpose/applicability provisions for nonconformities in Article 6, enforcement procedures in Article 7, and a definition in Article 8 of the Community Development Code. The proposed amendments are consistent with 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 procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality oflife of all residents and property owners of the city; · Section 1-1 03 (E)(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; and · Section 1-103(E)(3) - Protect and conserve the value ofland throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments require high standards for improvements on public property, provide businesses with reasonable opportunities for temporary and window signage, impose high standards for property maintenance and temporary uses, and permits the rapid enforcement of nuisance violations. The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 that makes revisions to the Community Development Code. 0" Prepared by: Gina L. Clayton +f j ATTACHMENTS: . Proposed Ordinance No. 6573-00. Open Issues List by the Clearwater Coalition of Homeowner's Association Letter from Nicholas Fritsch and Joe Calio 9 . . March 6, 2000 Ralph Stone, Director of Planning City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 Dear Mr. Stone: Thank you for taking the time to present the proposed changes to the city's Community Development Code. The effort the city has taken in revising this code reflects the commitment to making it easier to do business in the city of Clearwater. The Board of Directors reviewed the attached revisions and supports the noted revisions with the exception of requiring permits for the painting of commercial structures. This additional permit will cause time delays and inconvenience for businesses trying to upgrade their properties. Thank you again for sharing this process with the Chamber. Sincerely, Ed Armstrong Chairman of the Board Partner, Johnson, Blakely, Pope, Ruppel & Burns, P A Enc. . . Clearwater Code Amendments As presented to Clearwater Regional Chamber Board of Directors 1. Permit density/intensity averaging on site having two different land use categories provided the use is permitted in both categories. 2. Permit light assembly type uses that have no external impacts in the Commercial District (e.g. dentallabs, pill assembly, etc.) 3. Permit "limited vehicle service" uses as a flexible development use in the Commercial District subject to design criteria (e.g. car wash, oil change, etc). 4. Permit shared parking options, including payment in "lieu of' in the Tourist District. 5. Prohibit the renting of any dwelling for less than 30 days, unless located in the Tourist, Commercial or Downtown Districts. 6. Require permit for painting commercial structures. 7. Amend newsrack regulations based on task force and commission direction. 8. Clarify what triggers compliance with new code provisions for landscaping, parking, and signage. (proposed: renovations costing up to 25% of assessed value of property will be allowed without triggering retroaction) 9. Measure sign height of freestanding signs above the crown of the road so that signs for business at US 19 overpasses will be visible. 10. Eliminate cap on maximum amount of parking that can be provided on a site. Control only through the site plan review approval process. 11. Revise the distance requirements for Transfer of Development Rights (TDR) so that if a property is located on the barrier islands the TDR can go anywhere on the islands. If the site is on the mainland, the transfer can go anywhere on the mainland. Prohibit the transfer of any development rights to the Low Density Residential and Low Medium Density Residential Districts. Commissioner Hart is proposing four regions: mainland, Island Estates, Beach, Sand Key. 12. When terminating a property status as nonconformity, residential and transient uses may be exchanged and/or reconstructed subject to meeting parking, landscaping and sign requirements. '" . . ... . April 27, 2000 Commissioner J.B. Johnson 112 S. Osceola Ave. Clearwater, FL 33756 Dear Commissioner Johnson: The Board of Directors of the Clearwater Regional Chamber of Commerce would like to express its concern regarding two proposed Land Development Code revisions, specifically those requiring permits to the paint commercial structures and to mandate a 3 I-day minimum stay for overnight accommodations. The ban on short-term rentals of certain properties located throughout the city and beaches has a detrimental impact upon property owners, entrepreneurs, and our vital tourism industry. The Chamber is opposed to this proposed code change as we feel this is not a city government issue, but one that should be addressed by individual homeowners and condominium associations. In addition, intervention on the part of a governmental entity constitutes a violation of a citizen's private property rights. The Board would like to again express its objection to further complicating the permitting process by requiring a permit for the painting of commercial structures. This additional permit will cause time delays and inconvenience for businesses trying to upgrade their properties and will serve as a disincentive for those business people striving to make their properties better. We urge you to consider these matters when the code revisions are presented to you in the coming weeks. Sincerely, Ed Armstrong, Chairman of the Board Partner, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. . . '.. Section 14, Countywide Rules Amendment, Article 7. Division 7.2, as to " Definitions", is hereby amended to revise the definitions for "Coastal Construction CGntrol Line" and "Coastal High Hazard Area, and to add a definition for" Religious Institution Use", in their respective alphabetical order, to read as follows: . . Coastal Construction Control Line - The most recently adopted line established by the Florida Department of Environmental Protection, pursuant to Section 161 ,053, Florida Statutes, for Pinellas County, .. Coastal High Hazard Area - Any area. which lies w,ithin a category 1 hurricane evacuation zone, as currently delineated by the Pinellas County Emergency Management Department. Religious Institution Use - A site, premise, or location that is used principally, primarily, or exclusivelv for the purpose of religious exercise as protected. by the First Amendmen't to the U.S, Constitution, .. Transient Accommodation Use - A facility offering temporary lodging accommodations: such as hotels, motels, inns, resort condominiums, resort dwellings and recreational vehicle parks, where such temporary lodging accommodation is offered, or advertised as being available, at intervals of thirty (30) days or less, and which are rented more than three times per calendar year. Section 15, Severability. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this ordinance, Section 16, Filing of Ordinance; Effective Date, Pursuant to Section 125.66, Fla, Stat" a certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This ordinance shall become effective on September 30, 2000. I:... \ wpdocs\rules\Streom.ord.word 13 . . . --.. ". BA Y AREA APARTMENT ASSOCIAl I July 14,2000 The Honorable Brian Aungst, Sr. Office of the Mayor & City Commission POBox 4748 Clearwater FL 33758-4748 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWA TEA Re: Proposed Code Change, Section 3-917, "Renting of Residential Dwellings" Dear Mayor Aungst: The Bay Area Apartment Association encourages you to vote against the proposed city code change addressing the "Renting of Residential Dwellings." Ralph Stone and Gina Clayton of Planning and Development Services have been generous with their time, met with representatives of our industry, and listened to our concerns. However, the language of the code change you will consider next week has not changed since May and remains far too broad and all-encompassing. We appreciate the intention of the code change - to address perceived problems in condominiums and planned unit developments. However, we are concerned the code change could restrict the rights of apartment communities which are licensed to provide rental units through the Hotel- Motel Division of the Florida Department of Business & Professional Regulation. It may seem like an insignificant issue, but we ask you to consider the "VIP suites" or "guest suites" offered by many large apartment communities. Two or three apartments are reserved for the exclusive use of current community residents on a short-term basis. Typicaily, the "suites" are rented by the residents of one-bedroom apartments during a visit by family members. In such transactions, the apartment managers collect the appropriate sales and bed taxes. We are fearful the proposed code change would eliminate this amenity utilized by apartment residents. The Bay Area Apartment Association represents the owners and managers of apartment communities as well as associated professionals and suppliers. Our members own or manage more than 80,000 units in the Tampa Bay area. 4509 George Road Tampa, Florida 33634 Tampa (813) 882-0222 Toll Free (800) 344-9373 . . ~;.n. page 2 - Proposed Code Change We are prepared to provide more information about our industry and answer any questions for you. We ask you to vote against this proposed code change, Section 3-917, "Renting of Residential Dwellings." Thank you for your consideration. Sincerely, Allan Stowell Member, Board of Directors (Stowell Properties, Clearwater) Jeff Rogo Executive Director, Government Affairs cc. C1~ater City Commission Members ..M"s. Gina Clayton, City of Clearwater Mr. Mike Mayo, Greater Clearwater Association of Realtors o ~(C~~W~ -.0'."1 4173lD PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER . . 5. Case LUZ 00-05-05 - 110 McMullen Booth Road. First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder, Administrator/Representative. Request: 1) Land Use Plan amendment from RU, Residential Urban Category (County) to I, Institutional Category (Clearwater), and 2) rezoning from AE, Agriculture/Estate District (County) to I, Institutional District (Clearwater) ACTION: Approved. 6. Case LUZ 00-05-06 - 19034 US 19N. Bradford-Scott Corp. .of Florida, Owner/Applicant. Jason Lesser, Coastal Builders, Inc., Representative. Request: 1) Land Use Plan amendment from CG, Commercial General Category to RH, Residential High Category, and 2) rezoning from C, Commercial District to MHDR, Medium High Density Residential District ACTION: Approved. 7. Case: Text Amendment TA 00-06-04. Request: Amendments to the Community Development Code regarding residential rental property, signage, publicly-owned facilities, parking in residential areas, news racks, and portable storage units ACTION: Approved, except for fence amendment. 8. Case ANX 00-05-10 - 2755 Daniel Street. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: Annexation of 0.18 acres into the City ACTION: Approved. 9. Case LUZ 00-05-07 - 2755 Daniel Street. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Land Use plan amendment from RU, Residential Urban Category (County) to R/OG, Residential/Office General Category (Clearwater), and 2) rezoning from R-3District (County) to 0, Office District (Clearwater) ACTION: Approved. ITEM 4 - LEVEL TWO APPLICATIONS 1. Case FL 00-05-17 - 2750 McMullen Booth Road. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Flexible Development approval 1) to reduce the front setback from 25 to 10 feet (Charles Avenue); 2) reduce the front setback from 25 to 7 feet (McMullen Booth Road); 3) reduce the front setback from 25 to 24 feet (Daniel Street); 4) reduce the side setbacks from 20 to 5 feet; and 5) reduce the required number of parking spaces from 24 to 22 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: An 8,000 square foot office building ACTION: Approved, with conditions: 1) The landscape plan be further revised to include a tiered effect along McMullen Booth Road, as provided through a landscape easement within the right-of-way, and that the agreement with Pinellas County for same be finalized prior to the issuance of a building pennit; 2) if the agreement to landscape the right-of- way is not secured, the landscape plan be amended to exceed Code requirements, to the satisfaction of staff, in an equal monetary equivalent as if the landscaping easement had been Mcd0700.ag 2 07/18/00 . . IA ()O-O~-o'1 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER July 18, 2000 Present: Edward Mazur, Jr. David Gildersleeve William Johnson Shirley Moran Carlen A. Petersen Alex Plisko Absent: Gerald Figurski Also Present: Leslie Dougall-Sides Ralph Stone Lisa Fierce Brenda Moses Etim Udoh Gary Jones Gina Clayton Ryan Givens Mark Parry Acting Chair/Board Member Board Member Board Member Board Member Board Member Board Member Chair Assistant City Attorney Planning Director Development Review Manager Board Reporter Senior Planner Senior Planner Senior Planner Planner Planner The Acting Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM A - REQUESTS FOR CONTINUANCES/RECONSIDERATION - None. ITEM B - CONTINUED ITEMS Item B1 -18524 US 19 North Brad Baldwin, Owner; Parsley Baldwin Realty, Applicant; Bryan L. Zarlenga, Representative. Request: Flexible Development approval of a self- storage establishment with a reduction in the required number of parking spaces from 135 to 40 spaces, as a Comprehensive Infill Redevelopment Project. Proposed Use: A 71,250 square foot mini-storage development. FL 00-03-09 This case was continued by the COB (Community Development Board) at the May 16, 2000, meeting to enable the applicant to address issues related to the sanitary sewer, building elevations, and parking as it relates to the adjacent Le Cher office complex. The site is generally undeveloped, although there is an existing 24-foot asphalt driveway along the west and south property lines that provides access to adjacent properties. The 3.11- acre site is L-shaped with 200 feet of frontage on Nursery Road and 122 feet of frontage on US 19 North. It includes two separate parcels that will be combined through Unity of mcd0700 07/1 8/00 . . Title. The site includes both Office and Commercial zoning districts. Staff and the applicant met with representatives from the neighboring Le Cher office complex on numerous occasions. The applicant addressed concerns raised regarding the sewer, building architecture and parking to the satisfaction of staff. The proposal includes the development of a self-storage business with five buildings. The applicant submitted revised plans including a relocated sanitary sewer easement with gravity sewer, revised landscape plan, and conceptual building elevation along the west property line. To accommodate the relocated sewer easement, a portion of the south western most building (building #3) has been reduced by 2,650 square feet. Building #1, at the US 19 entrance, has been increased in area by the same square footage. The revised the site plan also will: 1) provide a 10-foot buffer area within which new oak trees will be planted; 2) include a mansard roof to Buildings #3 and #5; and 3) incorporate a stucco finish exterior with neutral colors on both buildings. Based on research of the adjacent office complex, removal of the nearly 16 parking spaces on this site will not result in a parking deficit for the Le Cher development. The proposal is in compliance with the standards and criteria for Flexible Development approval for a self-storage establishment, and with all applicable standards of the Community Development Code. Staff recommends approval of the proposed project with conditions: 1) Proof of Unity of Title be submitted prior to the issuance of any permits; 2) the final design and color of the buildings be consistent with the plans as submitted; 3) signage comply with Code; 4) oak trees, crepe myrtles, and viburnum hedge be planted along the west side of buildings #3 and #5, as shown on the landscape plan; and 5) the design of the south side of building #3 and north side of building #5 be consistent with the west elevations of those buildings. Roger Larson, representative, said as the property is L-shaped, limited uses can be applied to this property. The applicant is proposing a reduction of parking spaces from the 135 minimum to 40 spaces. One entrance to the site is at Nursery Road and the other is on US19N. The parcel is 3.11 acres, of which .5 acres is zoned Office and the balance is Commercial. The passive portion of the property includes the retention area and offices. The applicant requests to construct two one-story buildings, two two-story buildings, and one building that is partially one and two-stories, totally 71,250 square feet. There will be approximately 600 storage units, 400 of which will be air-conditioned. The project is aesthetically and architecturally pleasing to the surrounding community, particularly to the office complexes to the west and south. Thirty-eight (38) additional trees will be planted. The project meets or exceeds all the standards in the Code that pertain to self-storage use under the flexibility criteria sections, except for parking requirements. An easement exists which was granted by the applicant years ago to allow ingress and egress to the existing offices along the west and south sides of the site abutting the existing offices. The applicant does not propose to change that easement. Maintenance, repair, and replacement of the easement is the obligation of the office condominium association or those using the property. The easement is in common with the applicant's property and can be used by him. The Comprehensive Infill requirement in the Code requires a minimum of one space per 1,000 square feet. The applicant is requesting 40 parking spaces. The Institute of Transportation Engineers statistics indicate that 178 trips per day is consistent with a project of this size. The applicant anticipates that between 7 - 8 cars will be on the property at any given time. Therefore, the 40 spaces, including the mcd0700 2 07/18/00 . . handicapped space, is more than ample to avoid off-street parking. The applicant concurs with staff's recommendations. In response to a question, Bryan Zarlenga, Tampa Bay Engineering, said the retention pond is sized to handle this project plus runoff to the west. Mary Ellen Wilson, partial owner, said she owns the property facing US 19N. She said although other interest in the property has been expressed, this project is the first that is compatible with the surrounding area. This project is important to her as her husband's office is part of this project. She referred to current photographs of the site. One resident spoke in opposition of the project. In response to concerns from a resident, it was noted that the exterior finish of the buildings will be stucco, not metal, as indicated in the applicant's application. Planning Director Ralph Stone said the setback requirements for the easement differs from right-of- way setbacks. The new Code does not reference setback from the right-of-way line. Code defines the "setback" as follows: "setback means required horizontal distance between a property line and a structure". He said the resident is characterizing. the private easement as a right-of-way. He disagreed with the resident's interpretation of a private easement being the same as a road right-of-way. Mr. Stone said private easements could take many forms and function as a driveway. The general characterization of "right-of- way" is one that is for the benefit of the public, regardless of its form. In this case, staff feels the driveway exists for the benefit of the owners of the office condominium association as an access easement, and does not meet the definition of a public right-of- way. Assistant City Attorney Leslie Dougall-Sides said the CDB (Community Development Board) must refer to current Code when deciding a case. Max Battle stated he was not in favor or against the application. He was a former Public Works Director and City Engineer. He questioned the definition of a private road versus a driveway. He said at the time the easement was granted, it was called a private roadway. The reason it was not called a private right-of-way was because a right-of-way infers it is for the general public to use. He feels this is an access easement for a private roadway which gives the owners the right to close the road off at any time. A right-of- way cannot be closed at will. He said at the time the easement was granted, the County would not grant the owner a building permit unless he had road frontage. Frank Kunnen, former developer of the property, agreed with Mr. Battle's interpretation of the easement language referencing the use of the roadway. The County required the original site plan for the development have a roadway prior to annexation. He said the owners in this development have a public sewer easement with a sewer line, not a private one. This property was originally one ownership with a roadway. Upon acquisition, other owners were assured by the owner, County, and City that the easement was to be kept as a road right-of-way easement. He stated he was required as a developer to set back the office buildings on either side of the road from the right-of-way easement. mcd0700 3 07/18/00 . . Mr. Larson confirmed that the exterior of the buildings will include a stucco finish, with earth-tone colors, and false windows. He said there is sufficient space between the proposed buildings and the current ones. The two easements recorded in the public records are private and designed exclusively for internal traffic and for ingress and egress. The land can be used as the owners see fit as long as it does not impede the ingress and egress. He felt a right-of-way and a property line have specific meanings. He said a setback is the horizontal distance between the property line and a structure. He agrees with staff's interpretation of the Code. He said under the Comprehensive Infill Redevelopment Project category none of the rights-of-way and setbacks are applicable. He said traffic generated by the nearby McDonalds is much greater than the proposed project will generate. The self-storage establishment will be open from 8:00 a.m. to 5:00 p.m. Between 5:00 p.m. and 9:00 p.m. a card access is required and patrons cannot access the gates after 9:00 p.m. The applicant is basically proposing a reduction in the number of parking spaces. In response to a question, Mr. Larson said if the easement is deemed a private roadway and setbacks are required, the site becomes undevelopable. Member Johnson moved to approve the Flexible Development application for a self- storage establishment within the Commercial District, with a reduction in the required number of parking spaces, from 135 spaces to 40 spaces, as a Comprehensive Infill Redevelopment Project, for the site at 18524 US 19 North, subject to the following conditions: 1) Proof of Unity of Title be submitted prior to the issuance of any permits; 2) the final design and color of the buildings be consistent with the plans as submitted including the use of an exterior stucco finish; 3) signage comply with Code; 4) oak trees, crepe myrtles, and viburnum hedge be planted along the west side of buildings #3 and #5, as shown on the landscape plan; and 5) the design of the south side of building #3 and north side of building #5 be consistent with the west elevations of those buildings. The motion was duly seconded and carried unanimously. ITEM C - LEVEL THREE APPLICATIONS Item C1 - 1765 Saint Croix Drive, approximately 600 feet north of Saint John Drive. Jeanette Elaine Harvey-Evans, Owner/Applicant. Request: 1) Annexation of 0.17 acres to the City; 2) Land Use Plan amendment from RU, Residential Urban Classification (County) to RU, Residential Urban Classification (Clearwater); and 3) rezoning from R-3, Residential, Single-Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). ANX 00-05-08 The property owner has requested this annexation in order to receive sewer service. The property will have a land use plan designation of Residential Urban and is proposed to be zoned Low Medium Density Residential (LMDR) District. The subject site is a single-family residential home. The annexation of the property will eliminate an existing enclave in this subdivision. The applicant is currently receiving water from Pinellas County and will continue to do so. Sewer service will be provided by the City and capacity for the project is available for this utility. The applicant has paid the applicable sewer impact fee and is aware of the additional cost to extend sewer service to the property. Collection of solid waste will be provided by the City. The proposed annexation mcd0700 4 07/18/00 . . will have no adverse effect on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, and with Florida law. Staff recommends approval. Member Petersen moved for the COB to recommend approval of 1) The annexation; 2) the Residential Urban Plan category pursuant to the City's Comprehensive Plan; and 3) of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code for property at 1765 Saint Croix Drive. The motion was duly seconded and carried unanimously. Item C2 - 1590 Gulf Boulevard, generally located on the west side of Gulf Boulevard, approximately 300 feet south of Marina Del Ray. Legally described as a portion of the South 474.02 feet of Government lot 2, lying within Section 19, Township 29 South, Range 15 East, Pinellas County, Florida. (MB 34/011) - Belleview Biltmore Properties, Inc., Owner/Applicant; Harry Cline, Esquire, Representative. Request: 1) Land Use Plan amendment from CG, Commercial General Category to RH, Residential High Category; and 2) rezoning from C, Commercial District to HDR, High Density Residential District. LUZ 00-05-08 Member Mazur declared a conflict of interest and did not participate in discussions or the vote. Member Gildersleeve served as Acting Chair. The owner/applicant requests to amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and to rezone from the Commercial (C) district to the High-Density Residential (HDR) district. This plan amendment and rezoning application are requested by the property owner to build a multifamily residential development which is not permitted except as a component of a mixed-use development in the Commercial Zoning District. The subject site involves 41,838 square feet, or .96 acres, and includes a vacant restaurant. The vacant Cabana Club Restaurant is located immediately adjacent to the Cabana Club Condominium development and was constructed in the early 1980's. The restaurant was constructed initially as a clubhouse and "members only" restaurant for the condominiums, but was sold in the early 1990's and operated as a public restaurant. The restaurant has declined to a substandard condition and is not operational. This parcel historically has been designated commercial by the City. The Countywide Future Plan Rules allow residential development of 24 units per acre and 38 transient units such as hotel rooms or timeshares in the Commercial General Future Land Use category. There are 23 dwelling units allowed on the subject site through the Commercial General Land Use category. However, the Clearwater Community Development Code does not allow dwelling units outside of a mixed-use development in the Commercial Zoning District. The net difference or gain of units by amending the Future Land Use Plan from the Commercial General to Residential High classification is 5 units, and will be an insignificant increase in potential density. The subject site is located within a Coastal High Hazard Area which is defined as evacuation areas for a Category 1 hurricane. However, the Plan Amendment will not require additional infrastructure to accommodate the development. The parcel has already been developed and cleared of vegetation. The subject site is the only parcel on Sand Key mcd0700 5 07/18/00 . . with a Commercial General Future Land Use classification and Commercial Zoning. Residential High is the predominate Future Land Use Plan (FLUP) designation on private property on Sand Key. The proposed amendment for multifamily use is in keeping with the overall character of Sand Key and adjacent parcels. The proposed land use amendment is compatible with surrounding uses. The proposal is consistent with the City and Countywide Comprehensive plans and will not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Commercial General to Residential High, and 2) amending the zoning district designation from Commercial (C) to High Density Residential (HDR) at1590 Gulf Boulevard (MB 34/011). In response to a question, Senior Planner Gary Jones said the owner can build 28 units on this site. He said there will be no impact on fire and police services. Harry Cline, representative, said the applicant proposed to eliminate commercial zoning and commercial land use and replace it with High Density Residential zoning which is consistent with the surrounding area. In response to a question, Mr. Cline said the applicant could build 50 timeshare units with an accessory restaurant on the site. Mr. Stone said the maximum square footage the site would support is 23,000 square feet, subject to site considerations. A fast-food restaurant would support 3,000 square feet. Other uses that might be permitted on this commercially zoned site include government uses, indoor and outdoor recreation, marinas, offices, hotels, motels, churches, restaurants, alcoholic beverage sales, etc. Timothy Johnson stated he represents an unincorporated association known as SOB (Save our Beach) on Sand Key, comprised of residents of Dan's Island Condominium, the Harbour, and Isle of Sand Key Condominium and requested party status under Code Section 4-206(d). Ms. Dougall-Sides said Code provides for granting of party status if the individual demonstrates he/she is a substantially affected person by the application. The party could cross-examine witnesses and present exhibits versus just making comments. It was remarked that the CDB prefers to hear comments from residents first. The CDB reserved a ruling on the party status request. Mr. Johnson said the applicant's request will result in diminished quality of life and devalued property values for surrounding residents. He said the proposal fails to meet several Code requirements and requested the CDB deny the request. Nineteen (19) persons spoke in opposition of the application, including Mr. Johnson. In response to a question, one person said he did not know how the majority of people residing in the Cabana Club felt about the application. In response to a question, another person said their Realtor, not the City, told them that the 70-foot view corridor for their building would never be removed. mcd0700 6 07/18/00 . . Ms. Dougall-Sides said as testimony has been heard from Save our Beach on Sand Key members indicating how they were substantially affected by the application, the CDB could rule on Mr. Johnson's request for party status. Member Petersen moved to recognize Timothy Johnson as the representative for the Save Our Beach on Sand Key. The motion was duly seconded and upon the vote being taken Members Plisko, Gildersleeve, Johnson, Moran, and Petersen voted "aye"; Member Mazur abstained. Motion carried. Ms. Dougall-Sides reminded the CDB that its rules require that the concurring vote of at least 4 members is required to take any action on an application and if a decision results in a 3:2 vote, the case will automatically be continued to the next meeting for a decision. Mr. Stone said staff must give the applicant and the public objective recommendations regardless of the interest in the application. He said the comment about the height between commercial and high-density residential structures was incorrect. In a standard Commercial (C) district, 25 feet is permitted and High-Density Residential permits 30 feet, a difference of 5 feet. At the upper end, HDR permits up to 80 feet in height; and Commercial permits 50 feet, a difference of 30 feet. Staff feels decisions about changes and land use and zoning are needed to ensure compatibility with uses in the High Density Residential District. He felt that a Commercial zoning in this area of Sand Key is a mistake. Staff feels this change is appropriate for the area. Staff's recommendation is not based on what might be done, but what the potential for districts might allow. The issue of a view corridor to surrounding residents is always a predominant issue that staff understands, but that is not part of the application. In response to a question, Mr. Stone said staff does not know how the properties and development potentials were divided, however it appears development rights exist on the portion zoned Commercial that are independent of the rest of the project. In response to a question, Mr. Stone said he thought although Sand Key has no fire station, fire service is stationed on Sand Key. In any city there are always limitations on how high fire service personnel can reach on a tall building. Normally, that issue is dealt with in terms of building codes and sprinkler systems. Density of the project proposed is dealt with through land use category and zoning districts which in this case permits 28 units. Mr. Cline said the applicant is constructing a project of "like kind and quality" although the heights may be different than surrounding properties. Dan's Island has 11 stories, the Cabana Club has 9 stories, and Isle of Sand Key has 17 stories. He said if the logic of protecting the view over someone else's land was followed, there would be only one building on Sand Key. He said there is no vested right in zoning. He felt the applicant's request is fair and reasonable. In response to a question, Tim Johnson said a maximum of 50 feet in height in Commercial and a maximum of 130 feet in High Density Residential is permitted. The Save our Beach on Sand Key does not feel the applicant can meet the criteria for an infill on a commercial development to increase the height to 50 feet. mcd0700 7 07/18/00 . . Discussion ensued and it was remarked that homeowners purchased their condominiums knowing the subject property was commercially zoned. It was remarked that a restaurant in this location will greatly affect the traffic. It was commented that based on the testimony heard, the project would negatively impact the community. Member Petersen moved that based on the testimony and staff report at this public hearing for the COB to recommend denial of the request to amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH) and to rezoned from the Commercial (C) district to the High Density Residential (HDR) district for property at 1590 Gulf Boulevard. The motion was duly seconded. Upon the vote being taken, Members Johnson, Moran, Plisko, and Petersen voted "aye"; Member Gildersleeve voted "nay"; Member Mazur abstained. Motion carried. The meeting recessed from 3:42 to 3:52 p.m. Item C3 - Kings Highway and Sunset Point Road, generally located on the southeast corner of Kings Highway and Sunset Point Road. Legally described as Lots Band C, Brentwood Estates Subdivision. Highpoint Investments, Inc., Owner/Applicant. Donald McFarland, Representative. Request: 1) Land Use Plan amendment from R/OG, Residential/Office General Category to RH, Residential High Category; and 2) rezoning from 0, Office District to MHDR, Medium Density Residential District. LUZ 00-05-04 This plan amendment and rezoning application are requested by the property owner to build apartments since infill development is not allowed in the Office zoning District. The subject site involves two lots totaling 39,000 square feet or .89 acres which currently is vacant. The proposed use is an apartment complex. The proposed use is consistent with the City and Countywide Comprehensive plans, is compatible with the surrounding area, does not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of 1) Amending the Future Land Use Plan designation from Residential/Office General to Residential High; and 2) amending the Zoning District designation of 1871 Kings Highway (Lots Band C, Brentwood Estates Subdivision) from Office (0) to Medium High Density Residential (MHDR). Donald McFarland, representative, said the applicant agrees with the staff report. He plans to construct a small apartment complex on the site. Member Johnson moved that based on the testimony heard and staff report for the COB to recommend approval of the request to 1) Amend the Future Land Use Plan designation from Residential/Office General to Residential High; and 2) amend the Zoning District designation from Office (0) to Medium High Density Residential (MHDR) for property at 1871 Kings Highway (Lots Band C, Brentwood Estates Subdivision). The motion was duly seconded and carried unanimously. mcd0700 8 07/18/00 . . Item C4 - 110 McMullen Booth Road, generally located on the southwest corner of McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the north one-half of the N.W. % of the N.W. % of Section 16, Township 29 South, Range 16 East. (MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder, Administrator/Representative. Request: Annexation of 11.81 acres into the City. ANX 00-05-09 AND Item C5 -110 McMullen Booth Road, generally located on the southwest corner of McMullen Booth Road and Drew Street. Legally described as the north three-fourths of the north one-half of the N.W. % of the N.W. % of Section 16, Township 29 South, Range 16 East. (MB 22/01). First Baptist Church of Clearwater, Inc., Owner/Applicant; Larry Ponder, Administrator/Representative. Request: 1) Land Use Plan amendment from RU, Residential Urban Category (County) to I, Institutional Category (Clearwater), and 2) rezoning from AE, Agriculture/Estate District (County) to I, Institutional District (Clearwater) . The property owner requests annexation of the property at 110 McMullen Booth Road. This property has a pending case being processed concurrently that proposes to change the Future Land Use Plan category to Institutional and zoning district to Institutional. This annexation involves one lot approximately 514,444 square feet or 11.81 acres which is currently vacant. A church and support facilities have been proposed for this site. The proposed annexation will not adversely effect City services. The applicants are aware of the required impact fees and other additional costs associated with the extension of sewer service to the site. The proposed annexation is consistent with Florida Law, he Community Development Code, and City regulations. Staff recommends approval of the annexation. Member Gildersleeve stated he and Mr. Ponder have discussed this matter as he is a member of the Church. He indicated he has no personal interest in the project. mcd0700 9 07/18/00 . . The plan amendment and rezoning application are requested by the property owner to redesignate property currently vacant to allow construction of a church and support facilities. Site plan considerations will be addressed in more detail during the development review process. The Pinellas Planning Council and Florida Department of Community Affairs will review this case which is a threshold amendment for both agencies. The proposed use is along the McMullen Booth scenic corridor which is designed residential which allows Institutional uses. The proposed Institutional Future land use category and Institutional Zoning District is consistent with the City and Countywide Comprehensive plans, compatible with the surrounding area, does not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Institutional (I), and 2) amending the zoning district designation from County zoning to Institutional (I) for property at 110 McMullen Booth Road (MB 22/01). In response to a question, Mr. Jones said during peak hours traffic could impact the surrounding area. Larry Ponder, Administrator of First Baptist Church of Clearwater, Inc., said the church intends to relocate from downtown to the new site at 110 McMullen Booth Road. He feels the site will provide sufficient parking. The church will hire off-duty police officers to control traffic. Member Gildersleeve moved to recommend approval of Case ANX 00-05-09. The motion was duly seconded and carried unanimously. Member Gildersleeve moved to recommend approval of Case LUZ 00-05-05. The motion was duly seconded and carried unanimously. Item C6 - 19034 US 19N, generally located on the west side of U.S. Highway 19 North, 440 feet south of the Ham Boulevard intersection. Legally described as Lot 1, Bradford Court Subdivision. Bradford-Scott Corp. of Florida, Owner/Applicant. Jason Lesser, Coastal Builders, Inc., Representative. Request: 1) Land Use Plan amendment from CG, Commercial General Category to RH, Residential High Category, and 2) rezoning from C, Commercial District to MHDR, Medium High Density Residential District. lUZ 00-05-06 The applicant requests to amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and to rezone from the Commercial (C) district to the Medium High-Density Residential (MHDR) district. The property owner plans to build multifamily residential since the Commercial Zoning District does not permit multifamily residential development outside of a mixed-use development. The subject site involves 187,744 square feet or 4.31 acres which currently is vacant. The Pinellas Planning Council will review this case and Florida Department of Community Affairs as a threshold case. The proposed use is consistent with the City and Countywide Comprehensive plans, is compatible with the surrounding area, will not adversely affect public services, is compatible with the natural environment, and is consistent with the mcd0700 10 07/1 8/00 . . development regulations of the City. The level of service for US 19 will not be degraded. Staff recommends approval of 1) Amending the Future Land Use Plan designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial General to Residential High, and 2) amending the Zoning District designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial (C) to Medium High Density Residential (MHDR). Jason Lesser, applicant's partner, said the applicant agrees with the staff report. Member Johnson moved for the COB to recommend approval of the request to 1) Amend the Future Land Use Plan designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial General to Residential High, and 2) amend the Zoning District designation of 19034 U.S. Highway 19 (Lot 1, Bradford Court Subdivision) from Commercial (C) to Medium High Density Residential (MHDR). The motion was duly seconded and carried unanimously. ITEM C7 - Text Amendment Request: Amendments to the Community Development Code regarding residential rental property, signage, publicly-owned facilities, parking in residential areas, newsracks, and portable storage units. TA 00-06-04 When reviewing Ordinance Number 6526-00, Comprehensive Amendments to the Community Development Code, the City Commission deferred action on several issues that were either proposed in Ordinance Number 6526-00 or brought forward by citizens. The following issues were deferred or recommended for further review until the July 20, 2000, Commission meeting: 1) Regulations restricting the renting of residential property; 2) regulations regarding the permitted duration of portable storage units on property and the need to provide different regulations for residential and non-residential property, and the allowance of two signs instead of one on portable storage units; 3) the amount of permitted window signage; 4) the regulation of temporary sign coverings; and 5) the prohibition of parking on landscaped areas in front setbacks in residentially zoned districts. Staff is requesting that four other amendments not discussed at either June meeting be considered: 1) Whether to permit roofed structures on publicly owned boardwalks, observation platforms, and elevated nature trails; 2) to establish newsracks on publicly owned property not in compliance with Code requirements as a nuisance; 3) to revise the purpose statement of the nonconforming provisions; and 4) to reduce the amount of time allotted for compliance for nuisance violations from ten to five days. The COB discussed and made a recommendation at its workshop and public hearing earlier this year on the six month Code update regarding amendments related to renting residential property, portable storage units, and parking on the grass. It is in the Board's discretion whether to discuss and entertain comment on these issues again. The Commission deferred the renting of residential property to allow staff more time to work with stakeholders, initially took out the prohibition of parking in landscaped areas in front yards then put it back in, and passed the amendment regarding portable storage units but asked staff to research it further and propose further revisions. It was remarked that although staff has further reviewed the items previously reviewed by the COB, no changes were mcd0700 11 07/18/00 . . made, except for allowing for additional on-site time for storage on commercial properties in the portable storage units amendment. One member requested the record reflect that although in the minority vote, she is still opposed to the amendment to the renting of residential property. Staff is requesting the COB's input regarding other amendments: 1) Window signs; 2) temporary sign coverings/grand opening signs; 3) publicly owned boardwalks/observation platforms; 4) newsracks; 5) nonconformity provisions; and 6) enforcement proceedings. Staff is proposing to amend the existing window sign provision that restricts window signage to 20% of the window area on which the sign is located, or 4 square feet, whichever is less. Staff is proposing that window signage be permitted up to 8 square feet in area provided that 25 % of the window area on which the sign is located is not exceeded. The amendment also imposed a maximum amount of window signage of 24 square feet so that window signage does not exceed the amount of attached signage that is allowed. The proposed increase in permitted window signage also should accommodate the periodic event sign (i.e. for special sales) which was deleted from Section 3-1805(C). In response to the recent increased use of temporary sign coverings such as toaster covers, sign socks, and sign boots, staff is proposing to address this issue in Section 3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit toaster covers to encourage a business to install a new sign. At the June 1, 2000, meeting, the Commission directed staff to permit temporary coverings for grand openings for new businesses or for business name changes and this has been added to the ordinance. A provision also was added which imposes a time restriction of 30 days after the issuance of an occupational license. Staff also is proposing to eliminate the temporary sign that is permitted once a year for "periodic events". In response to a question, Senior Planner Gina Clayton said staff did not talk to the business community, but spoke to neighborhood advocates. Staff is proposing to add a new subsection (M) to Section 3-601 of the ordinance. This amendment would permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails, and other such structures not intended for use as a dock facility. The proposed provision also prohibits the use of vertical walls. The purpose of this amendment is to give flexibility to the City when erecting or retrofitting such facilities. Staff is proposing to expand the nuisance provisions regarding newsracks in Section 3-1503(B)(12). The current Code requirement declares newsracks and vending machines a nuisance if located in a manner that causes imminent danger or is otherwise unsafe. Staff is proposing to expand this to include any newsrack on public property not in compliance with the newsrack requirements to be a nuisance. The proposed amendment would provide code enforcement officers the ability to remove noncompliant racks after sufficient notice is given to the owner and it is not removed. mcd0700 12 07/18/00 . . Staff is proposing to revise the purpose/applicability section o'! the nonconformity provisions. The proposed amendment clarifies that structures, uses and lots that were lawful on the date of the adoption of the Code, but not under the new Code, are considered nonconforming. It also further clarifies the intent of the Code to bring nonconforming properties into compliance through a change of use, redevelopment, or other change of condition. Staff is proposing to reduce the amount of time given to a property owner to correct a nuisance violation. The proposed amendment reduces the required compliance time from 10 to 5 days. This would provide the Community Response Team with the means to require rapid resolution of nuisance situations. Examples of nuisances include abandoned buildings, accumulations of weeds, debris, etc.; grass/weeds exceeding 12 inches, and outdoor storage of dismantled or inoperative vehicles, equipment, etc. It should be noted that Community Response Team deals with violations on a case-by-case basis and where circumstances dictate more time for compliance, such flexibility would still exist. In addition, any violation of the Code not deemed a nuisance would be treated through the existing Code enforcement board process. In response to a question, Ms. Dougall-Sides said it is clear in the Code that the compliance time refers to calendar days. Four additional provisions proposed by staff that have surfaced are: 1) Residential Infill Projects; 2) fences; 3) Comprehensive Sign Program; and 4) temporary yard signs. Criteria for residential infill projects provides flexibility to vary development standards permits flexibility in development standards that may be reduced beyond what is listed in use charts. Staff is proposing to more clearly identify this flexibility by adding a footnote to each flexible development use chart in the residential zoning districts specifying that the development standards enumerated for residential infill projects are guidelines and may be varied depending on each site plan. Staff added a provision in the Code update regarding corner lot fence, however it does not adequately address differing corner lot configurations and needs to be more specific. Staff is proposing that if a corner lot has a rear yard that abuts the rear yard of another corner lot, a six-foot high fence would be permitted in the yard abutting the side street. Consensus of the COB was not to recommend this amendment to the Commission. Staff also is proposing that if a rear yard of a corner lot abuts a front yard of another lot that only a three-foot high fence be permitted in front of the setback line of the principal building on the adjacent lot. This provision will protect the view of an adjacent property owner. In response to a question, Ms. Clayton said the setback a six- foot high fence would be based on the neighbor's property line, not the street setback. Mr. Stone said this amendment was derived from applications on major corridors where owners with side yards and corner lots want more privacy from the street. Consensus of the COB was not to recommend this amendment to the Commission. Staff has determined there are no regulations that permit political speech in the nonresidential zoning districts. Staff is proposing that the current temporary yard sign be mcd0700 13 07/1 8/00 . . expanded to include a sign not exceeding 32 square feet in the nonresidential zoning districts. Staff added provisions for monument signs in the nonresidential zoning districts in the Code update. It was never contemplated, however, that such signs be subject to the Comprehensive Sign Program which allows an increase of up to 100% in sign size. Staff is proposing that an amendment clarifying this be made to the Comprehensive Sign Program provisions. In response to a question, Mr. Stone said staff anticipates that amendment proposals will be brought before the CDB no more than once a year hereafter. It was remarked that signs for refurbished movie theaters was not addressed in the Code. Mr. Stone said unless an applicant brought the issue forward, that amendment would not be discussed. A procedure in the Code allows applicants to suggest amendments upon payment of an application fee. A representative from PODS (Portable On Demand Storage) requested that staff and the CDB revisit the section of Code referencing portable storage units. She thought the POD would be permitted on the property as long as the permit is active. It appears the PODS will be restricted to only 4 days on location during an active permit. She feels the PODS should be permitted on the site during the entire remodeling process. Mr. Stone said staff feels PODS are intended to be brought to the property as a portable means of storage versus long-term storage units. In response to a question, the PODS representative said PODS can easily be deposited in a side or rear yard, although from a collection standpoint, they are easier to remove if in a driveway. Mr. Stone said the Commission will consider this issue on Thursday. One resident spoke in opposition to PODS on a site for a long period of time and in rear or side yards. In response to a concern from an attorney, Mr. Stone said a section of the Code provides for construction-related storage units not related to PODS. Member Johnson moved that the CDB concurs with staff's recommendations for the amendments presented today, with the exception of the two fence amendments. The motion was duly seconded and carried unanimously. Item C8 - 2755 Daniel Street, generally located on the south side of Daniel Street 200 feet west of McMullen Booth Road. Legally described as Lot 4, Block 3, Acker's Subdivision. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: Annexation of 0.18 acres into the City. ANX 00-05-10 AND Item C9 - 2755 Daniel Street, generally located on the south side of Daniel Street 200 feet west of McMullen Booth Road. Legally described as Lot 4, Block 3, Acker's mcd0700 14 07/18/00 . . Subdivision. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Land Use plan amendment from RU, Residential Urban Category (County) to R/OG, Residential/Office General Category (Clearwater), and 2) rezoning from R-3District (County) to 0, Office District (Clearwater). LUZ 00-05-07 The owner is requesting to annex property at 2755 Daniel Street. The property has a pending case being processed concurrently that proposes to change the Future Land Use Plan category to Residential/Office General and zoning district to Office. This annexation involves one lot of 8,276 square feet or .19 acres which currently has a single-family residence. An office development has been proposed for the annexed site and adjacent .55 acres presently in the City and is being processed in case FL 00-05-07. The proposed annexation will not adversely affect public services, is consistent with Florida law, the Community Development Code, and City regulations. Staff recommends approval of the annexation of the property at 2755 Daniel Street. (LUZ 00-05-10) The property owner also has submitted a plan amendment and rezoning application to redevelop this lot, designated Residential Urban, in conjunction with adjacent lots designated Residential/Office General. Currently, a single-family house is located on the subject lot (.19 acres) and with surrounding property is proposed to be redeveloped with an office (total site - .74 acres). The site plan is being reviewed concurrently with this application. The proposed Residential/Office General Future Land Use and Office Zoning District does not adversely affect public services, is compatible with the natural environment, and is consistent with the development regulations of the City. Staff recommends approval of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Residential/Office General (R/OG), and 2) amending the zoning district designation of 2755 Daniel Street from County zoning to Office (0). Marcus Vernon, representative, said he had no objection to the CDB hearing both cases concurrently. He thanked staff for their assistance. Member Petersen moved, based on the staff report at this public hearing, that the CDB recommend approval to the Commission of the annexation request for property at 2755 Daniel Street. (ANX 00-05-10). The motion was duly seconded and carried unanimously. Member Petersen moved, based on the staff report at this public hearing, that the CDB recommend approval to the Commission of: 1) Amending the Future Land Use Plan designation from Residential Urban (RU) to Residential/Office General (R/OG), and 2) amending the zoning district designation of 2755 Daniel Street from County zoning to Office (0). (LUZ 00-05-07). The motion was duly seconded and carried unanimously. ITEM 0 - LEVEL TWO APPLICATIONS Item 01 - 2750 McMullen Booth Road. Barry J. Vogel, Owner/applicant. Marcus Vernon, Representative. Request: 1) Flexible Development approval 1) to reduce the front setback from 25 to 10 feet (Charles Avenue); 2) reduce the front setback from 25 to 7 feet med0700 15 07/18/00 . . (McMullen Booth Road); 3) reduce the front setback from 25 to 24 feet (Daniel Street); 4) reduce the side setbacks from 20 to 5 feet; and 5) reduce the required number of parking spaces from 24 to 22 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: An 8,000 square foot office building. FL 00-05-17 The applicant is proposing to develop an 8,000 square feet office building as part of a Comprehensive Infill Redevelopment Project. The project includes the demolition of the existing single-family home, reduction of front setback from 25 to 10 feet along Charles Avenue, reduction of front setback from 25 to 7 feet along McMullen Booth Road, reduction of front setback from 25 to 24 feet along Daniel Street, reduction of side setbacks from 20 to 5 feet, and reduction in parking requirement from 24 to 22 spaces. The new office building will have a dark green colored pitched asphalt shingle roof, 15 feet in height as measured to the midpoint of the roof. The building will be pale yellow stucco and buff color brick. The colors are subject to change. Staff believes any changes should be consistent with those on the plan. Windows will be incorporated on all elevations and shutters are included on the north and east (front) elevations. The proposal includes ingress along Charles Avenue to a one-way (northbound) driving aisle and parking lot. The 22 parking spaces are shown at a 75-degree angle. Egress is provided at the north end of the parking lot at Daniel Street. The site plan provides no direct access to McMullen Booth Road. The 0.74-acre site is irregularly shaped with 355 feet of frontage on McMullen Booth Road, 244 feet of frontage on Daniel Street and just over 50 feet of frontage on Charles Avenue. A portion of the site, 0.19 acres, is the subject of pending annexation, land use plan amendment and rezoning cases (ANX 00-05-10 and LUZ 00-05- 07). That portion contains an existing single-family residence. The area facing McMullen Booth Road is undeveloped. The majority of the site has overgrown shrubbery and contains several mature oak trees. McMullen Booth Road is classified as a major arterial and is a designated scenic corridor. Proposed landscaping exceeds Code requirements. The applicant is pursuing a permit with Pinellas County to landscape the right-of-way. Staff recommends approval, subject to conditions: 1) The landscape plan be further revised to include a tiered effect along McMullen Booth Road, as provided through a landscape easement within the right-of-way, and that the agreement with Pinellas County for same be finalized prior to the issuance of a building permit; 2) if the agreement to landscape the right-of-way is not secured, the landscape plan be amended to exceed Code requirements, to the satisfaction of staff; 3) the landscape plan exceeds the intent of the Code including perimeter landscaping along all property lines; 4) the final design and color of the building be consistent with the plans as submitted; and 5) signage comply with Code. Discussion ensued and it was felt that staff's Condition #3 is similar to Condition #2. Marcus Vernon, representative, said a system is in place for a landscaping easement in Pinellas County, but getting it is another story. He said the issue regarding Condition #2 is economic stability. The applicant has agreed to forego the entrance on McMullen Booth Road, forego a parking configuration that allowed for 2 more spaces, and mcd0700 16 07/1 8/00 . . forego a retention pond in proximity to McMullen Booth Road. The applicant has indicated he will make a concerted effort to obtain a landscape easement. Mr. Vernon said Condition #2 was added after he met with staff. In the event the applicant does not obtain the landscape easement, he feels the applicant should be permitted to proceed with the site plan as submitted. Discussion ensued and Mr. Vernon was agreeable to providing the same amount of landscaping dollar for dollar elsewhere on the site. He said tiering landscaping on an alternate location has not been discussed with staff. Mr. Stone stated that staff can work with Mr. Vernon and the applicant regarding the landscaping issue. Member Johnson moved that the COB approve Case FL 00-05-17 for Flexible Development approval at 2750 McMullen Booth Road, subject to staff conditions, amending Condition #2 to read "if agreement to landscape the right-of-way is not secured, the landscape plan be amended to exceed landscape Code requirements, in an equal monetary equivalent as if the landscaping easement had been obtained. The motion died for lack of a second. Discussion ensued regarding the redundancy of Condition #3. Member Johnson moved that the COB approve Case FL 00-05-17 for Flexible Development approval at 2750 McMullen Booth Road, subject to staff conditions, amending Condition #2 to read "if agreement to landscape the right-of-way is not secured, the landscape plan be amended to exceed landscape Code requirements, to the satisfaction of staff, in an equal monetary equivalent as if the landscaping easement had been obtained", and delete Condition #3. The motion was duly seconded and carried unanimously. Item 02 - 850 Eldorado Avenue. Thomas & Kathleen Sherman, Owners/applicants. Request: Flexible Development approval to reduce the front setback from 25 to 12 feet, and increase the maximum impervious surface ratio from 0.65 to 0.75, as part of a Residential Infill Project. Proposed Use: An addition to an existing single-family residence. FL 00-05-15 The applicant is requesting Flexible Development approval to reduce the front setback from 25 to 12 feet and increase the maximum impervious surface ratio for the site from 0.65 to 0.75, as a Residentiallnfill Project. The site is 0.15 acres located on the northwest corner of Gardenia Street and Eldorado Avenue. The site is located in an area of the beach for which redevelopment requests are common. Eldorado Avenue is a two- lane residential street with a 50-foot right-of-way. Gardenia Street is an unimproved public right-of-way from which public access is provided to the beach. The site contains an existing 3,000 square foot single-family dwelling with an attached, two-car garage, built in 1968. The house is currently setback 10 feet from Eldorado Avenue and is five feet from the north (side) property line. The applicants are proposing to add 89 square feet to an existing master bedroom and 26 square feet to the entryway, totaling 115 square feet. The master bedroom addition will be 12 feet from the front setback on Eldorado Avenue. The required front setback along Eldorado Avenue is 25 feet, which appears extraordinary given the narrow width of the road, however, the request to reduce mcd0700 17 07/1 8/00 . . the front setback (Eldorado Avenue) from 25 to 12 feet is in keeping with the established character of the area. A majority of the houses in the area have been built at approximately this setback. The proposed addition will not encroach any farther into the front setback than currently exists. The request also includes an increase in the maximum impervious surface ratio (ISR) is from 65 to 75 percent. The existing ratio already exceeds Code requirements by eight- percent (0.73). Staff recommends approval of the request. Chuck Retch/ess, representative, concurred with staff's recommendations. Member Petersen moved that the CDB approve the Flexible Development request to reduce the front setback from 25 to 12 feet along Eldorado Avenue and increase the maximum impervious surface ratio from 0.65 to 0.75, as part of a Residentiallnfill Project, for the site at 850 Eldorado Avenue. The motion was duly seconded and carried unanimously. Item 03 - 3219 San Bernadino Street. David & Beth Philion, Owners/Applicants. Request: Flexible Development approval to reduce the side setback from 15 to 7.5 feet as part of a Residential Infill Project. Proposed Use: A master bedroom addition to an existing single-family residence. Fl 00-05-16 The applicants are requesting Flexible Development approval to reduce the side setback from 15 to 7.5 feet, as part of a Residentiallnfill Project. The site is approximately 0.23 acres located on the south side of San Bernadino Street, approximately 240 feet east of Monterey Avenue. The site contains an existing 1,931 square foot single-family dwelling built in 1958. The dwelling encroaches into the required side setbacks along the east and west property lines. The east side setback is 11.5 feet and the west side setback is 10.5 feet. All other setbacks comply with Code requirements for the Low Density Residential District. The applicants are proposing to construct a 365-square foot master bedroom addition to the rear of the home. The proposal will result in an encroachment into the east side setback. The request is a reduction in the (east) side setback from 15 to 7.5 feet. The proposed addition will be constructed to match the architectural style of the existing house. It will be constructed with an exterior finish and roof materials that will blend into the house. The house is located in the Del Oro Groves neighborhood in eastern Clearwater. Staff recommends approval. David Philion, owner, said he wishes to add a room onto his house. Member Gildersleeve moved that the CDB approve the Flexible Development request to reduce the side setback from 15 to 7.5 feet, as part of a Residential Infill Project. The motion was duly seconded and carried unanimously. Item D4 - 3273, 3281 landmark Drive. Dr. Douglas Weiland, Owner/applicant. Request: Flexible Development approval to install a six-foot fence within the required 25-foot front setback, as part of a Residential Infill Project. Proposed Use: A 6-foot fence with brick columns along the frontage of two single-family lots. FL 00-05-22 mcd0700 18 07/1 8/00 . . The applicant is requesting Flexible Development approval to construct a brick and metal fence at a height of 6 feet within the front setback of 3273 and 3281 Landmark Drive and to construct a black vinyl-clad chain link fence along the southern property of 3273 Landmark Drive within the front setback, as part of a Residentiallnfill Project. The site is 2 parcels, held in common ownership, totaling 2.09 acres. The parcels are on the east side of Landmark Drive, approximately 450 feet north of Geiger Court. The site contains 2 single-family dwellings. The site at 3273 Landmark Drive contains a 6-foot aluminum, picket fence with masonry columns along a portion of the front (west) property line. The applicant is proposing to continue the fence, north along the front (west) of property at 3281 Landmark Drive. The aluminum, picket fence also will continue at the southwest corner of the property at 3273 and run east for 20 feet. The proposal also includes the installation of a 6-foot, black vinyl-clad chain link fence to be located along the side (south) property line of the property at 3273 Landmark Drive. The chain link fence will begin 20 feet east of the southwest corner of the site joining the proposed 6- foot aluminum, picket fence and will run east to meet with an existing 6-foot wood fence. The site is in a desirable part of the City that has maintained a significantly high quality of architecture. The request is to reduce the front setback (west) from 25 to zero feet for a 6-foot aluminum, picket fence with masonry columns and a chain link fence. The proposed picket fence will match the architectural style and materials of the existing structures. The proposed chain link fence will begin 20 feet from the front setback and will be clad in black vinyl and heavily landscaped. Staff recommends approval. Roberto Klar, architect, said the applicant wishes to extend his fence to include his entire property. Member Petersen moved that the COB approve the Flexible Development request to construct a brick and metal fence at a height of 6 feet within the front setback of 3273 and 3281 Landmark Drive, and to construct a black-vinyl clad chain link fence along the southern property of 3273 Landmark Drive within the front setback, as part of a Residential Infill Project at the sites at 3273 and 3281 Landmark Drive. The motion was duly seconded and carried unanimously. Item 05 - 800 Eldorado Avenue. Thomas & Pauline Deal. Request; Flexible Development approval 1) to reduce the front setback from 25 to 7 feet on Mango Street; 2) reduce the front setback from 25 to 15 feet on Eldorado Avenue, and 3) increase the height of the dwelling from 30 to 32 feet as part of a Residential Infill Project. Proposed Use: Single- family residence. FL 00-05-20 Member Plisko declared a conflict of interest and excused himself from the discussion and vote. The owners are requesting Flexible Development approval to reduce the front setback from 25 to 7 feet on Mango Street, reduce the front setback from 25 to 15 feet on Eldorado Avenue, and increase the height of the dwelling from 30 to 32 feet, as part of a Residentiallnfill Project. The site is 0.15 acres on the northwest corner of Eldorado mcd0700 19 07/18/00 . . Avenue and Mango Streets. Eldorado Avenue is a 2-lane, residential street with a 60~foot right-of-way. Mango Street, although platted as a public street with 60 feet of right-of- way, has been improved with a pedestrian access-only to the beach. It will continue to be used as public access to the Gulf. The site is in a desirable part of the beach that is undergoing redevelopment. The site includes a 1,472 square foot single-family dwelling. The house is set back approximately 9 feet from the front property line on Eldorado Avenue and ,approximately 7 feet from the front property line on Mango Street. As a corner lot, the site has 2 front setbacks. The applicant is proposing to demolish the existing house and construct a new 3,600 square foot, single-family dwelling. The required front setback along Eldorado Avenue is 25 feet, which seems extensive given the narrow width of the road. The request to reduce the front setback (east property line) from 25 to 15 feet is in keeping with the established character of the area and would otherwise be a Flexible Standard request requiring a staff-level, administrative review. The proposed dwelling will sit farther from the east property line than currently exists. The request for the second front setback reduction on Mango Street from 25 to 7 feet requires this case be reviewed as a Flexible Development request. The request to reduce the front setback along Mango Street is in keeping with other sites in the area that adjoins public access to the beach. The owner seeks to maintain a consistency in the streetscape of the neighborhood. The applicant also is requesting a height increase from 30 to 32 feet. This will bring the house into visual conformance with the rest of the neighborhood and maximize the potential of the site. The houses will have three stories. A two-bay garage will be located on the lower level with 2 levels of living space above, which is consistent with the neighborhood. Staff recommends approval. Thomas Deal, owner, said he was present to answer questions. Member Petersen moved that the CDB approve the Flexible Development application for a reduction in the front setback from 25 to 7 feet on Mango Street, a reduction of the front setback from 25 to 15 feet on Eldorado Avenue, and an increase in height from 30 to 32 feet as a Residential Infill Project, for the site at 800 Eldorado Avenue. The motion was duly seconded and upon the vote being taken Members Mazur, Gildersleeve, Johnson, Moran, and Petersen voted "aye"; Member Plisko abstained. Motion carried. Item 06 - 2853 Foxwood Drive. Bradley W. Mitchell, Owner/Applicant. Request: Flexible Development approval 1) to reduce the rear setback from 25 to 17 feet, and 2) reduce the side setback from 15 to 7.66 feet, as part of a Residentiallnfill Project. Proposed Use; A 673 square-foot addition to an existing single-family residence. Fl 00-04-11 The owners are requesting Flexible Development approval to reduce the rear setback from 25 to 17 feet and reduce the side setback from 15 to 7.66 feet, as part of a Residentiallnfill Project. The site is 0.39 acres on the south side of Foxwood Court, approximately 150 feet west of Landmark Drive. The lot is an irregular rectangle shape that is wider at the street than along the rear property line. The neighborhood has numerous homes that continue to be well maintained. The site contains a 3,697 square foot single-family dwelling built in 1978. The dwelling contains an attached garage and mcd0700 20 07/18/00 . e open porch, as do most of the surrounding homes. The house encroaches on the required 15-foot side setback (east property line) by nearly 4 feet. All other setbacks comply with Code requirements for the Low Density Residential District. The applicants wish to construct a 673-square foot addition to the rear of the home. The addition will encroach into the side and rear setbacks resulting in an 8-foot (east) side setback and a 17-foot rear setback. The proposed addition will not protrude past the existing side walls and will not be seen from Foxwood Court. Existing vegetation and an existing 6- foot wood privacy fence surrounding the back yard will help screen the addition from surrounding properties. Staff recommends approval. Tom Drunasky, representative, was present for questions. Member Petersen moved that the COB approve the Flexible Development request to reduce the rear setback from 25 to 17 feet and reduce the side setback from 15 to 7.66 feet, as part of a Residential Infill Project. The motion was duly seconded and carried unanimously. Item 07- 1400 Garden Avenue. Religious Community Services, Owner/Applicant. Request: Flexible Development approval of an expansion of a residential shelter with a request to: 1) reduce the front setback from 25 to 11 feet (Garden Avenue); 2) reduce the side setback from 10 to 4 feet along the south property line (starting at the southwest corner of the site running to the west); 3) reduce the side setback from 10 to 3 feet along the south property line (starting the southwest corner of the site running to the east); and 4) reduce the number of required parking spaces from 26 to 24, as a Comprehensive Infill Redevelopment Project. Proposed Use: A 6,980 square-foot expansion of an existing 7,149 square-foot residential shelter. FL 00-05-18 Member Plisko declared a conflict of interest and excused himself from discussion and the vote. The applicant requests Flexible Development approval to reduce the front setback from 25 to 11 feet (Garden Avenue), reduce the side setback from 10 to 4 feet along the south property line (from the southwest corner of the site to the west), reduce the side setback from 10 to 3 feet along the south property line (from the southwest corner of the site to the east), reduce the number of required parking spaces from 26 to 24 spaces, and approve an expansion of a residential shelter, as a Comprehensive lnfill Redevelopment Project. The 0.80-acre site is irregularly shaped with 210 feet of frontage on Garden Avenue and 162 feet of frontage on N. Fort Harrison Avenue. It includes 8 lots (Lots 1, 3, 4, 5, 10, 18, 19, and 20) that have been combined through Unity of Title. The site is the current location of the Haven House that includes 3 existing structures totaling 7,149 square feet. The existing structures include a 4,915 square foot two-story, masonry building (located on Lot 4 at the northwest corner of the site), a 1,202 square foot two- story, masonry building (located on Lot 10 at the northeast corner of the site) and a 1,032 square foot single-story masonry structure (located on Lot 1 at the southwest corner of the site). The Haven House has been located at this site since 1983. It provides shelter to victims of domestic violence and their children and currently operates with 20 beds mcd0700 21 07/18/00 . . with 15 staff members. The proposal includes converting the existing structures to offices, an addition to the smaller 2-story structure, and increasing the number of beds to a total of 34. There will be no increase to the number of staff. The proposal includes the expansion of the existing structure on Lot 10 with a 6,980 square foot addition. The addition will be setback 20.35 feet from the east (front) property line. A new porch will be added to the existing 2-story structure on Lot 1. It will extend 8 feet to the east in line with the existing building. Five new parking spaces will be added to Lot 18 (southeast portion of the site) with a side (south) setback of 4 feet. There are 3 existing access points on the site, 2 from N. Ft. Harrison Avenue (1 each for Lots 1 and 5) and 1 from N. Garden Avenue (Lot 10). A fourth access point will be added for the proposed parking spaces on Lot 18. The proposal incorporates the use of a 6-foot masonry wall (for security purposes) along eastern portion of the site with landscaping on the exterior side. The landscape plan provided exceeds the intent of the Code. Staff recommends approval. Linda Amidi, representative, was present for questions. She commended staff for their assistance. Member Gildersleeve moved that the CDB approve the Flexible Development application to reduce the front setback from 25 to 11 feet (Garden Avenue), reduce the side setback from 10 to 4 feet along the south property line (from the southwest corner of the site to the west), reduce the side setback from 10 to 3 feet along the south property line (from the southwest corner of the site to the east), reduce the number of required parking spaces from 26 to 24 spaces, and approve an expansion of a residential shelter, as a Comprehensive Infill Redevelopment Project, for the site at 1400 North Garden Avenue. The motion was duly seconded. Upon the vote being taken Members Mazur, Gildersleeve, Johnson, Moran, and Petersen voted "aye"; Member Plisko abstained. Motion carried. Item D8- 333 Chestnut Street. Pinellas County/Thomas Borawski, Owner/applicant. Request: Flexible Development approval 1) to reduce the front setback from 25 to 8 feet (Palm Avenue); 2) reduce the front setback from 25 to 9 feet (Oak Avenue); 3) reduction in side yard from 10 to 3 feet; and 4) reduction in required number of parking spaces from 121 to 61 spaces ( 6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. Proposed Use: A 22,000 square foot television studio in association with an existing 8,235 square foot facilities maintenance building. FL 00-05-21 Member Gildersleeve declared a conflict of interest and excused himself from the discussion and vote. The applicant requests Flexible Development approval to reduce the front setback from 25 to 8 feet (Palm Avenue), reduce the front setback from 25 to 9 feet (Oak Avenue), reduce the side yard from 10 to 3 feet, and reduce the required number of parking spaces from 121 to 61 spaces (6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program. The 1 .06-acre site is at the southeast corner of Chestnut Street and Oak Avenue, west of mcd0700 22 07/18/00 . . Palm Avenue. It is part of a larger Pinellas County government campus just south of downtown Clearwater. The site recently contained a 1,104 square feet 2-story wood building and a 656 square feet single-story building that operated as a production studio. Those structures were razed as part of this redevelopment proposal. It also contains an 8,235 square foot facilities maintenance building that will be maintained as part of this application. There were 52 legal parking spaces on site that served the existing use and the larger government campus; 50 were reassigned to other parking lots and 2 will remain as part of the new site plan. Redevelopment of the site includes the replacement of the former television studio with a new 22,000 square foot building. The building will be 32 feet in height with a flat roof. The building materials will include brown brick and yellow stucco. Although the architectural style is modern, the building will fit the scale of surrounding buildings. The fa9ade along Palm Avenue will contain numerous windows. The Chestnut Street elevation features a large circular window. The Oak Avenue elevation depicts a stucco fa9ade and large doors for studio use. The use of stucco and brick add interest to the exterior walls. The landscape plan includes a mixture of shade and ornamental trees, shrubs, palms and ground cover. Revisions need to be made to the perimeter landscaping including additional plantings around the detention basin and supplemental periphery trees and shrubs. The proposal includes a reduction in the front setback along Oak Avenue from 25 to 9 feet, a reduction in front setback from 25 to 8 feet along Palm Avenue and a side setback reduction from 10 to 3 feet. The reduction in setbacks will help ensure that the building is in harmony with the immediate vicinity. There are existing 4-foot sidewalks along Oak Avenue and Chestnut Street. A 5-foot sidewalk will be provided along Palm Avenue. The proposal also includes a reduction in the required number of on-site parking spaces from 121 to 6 spaces. The television studio is part of a large County Government campus that has multiple parking lots in the immediate area. The total number of employees will be 30 with up to 20 visitors. The applicant has indicated that 50 spaces will be needed for the proposed building. Code requires that parking be based on the gross floor area, however, the size of the proposed building reflects space needed for equipment rather than people. The applicant's calculation for parking is a better indication of need than current Code requirements. The same rationale is used for the existing facilities management building. Code requires 33 parking spaces based on the building size, yet, the applicant has shown there is a need for only 11 spaces based on the number of employees that work at the facility. The proposed building will displace 50 parking spaces of the 52 spaces that were recently removed on the property. These 50 spaces were reassigned to other lots throughout downtown (28 spaces were assigned to the Methodist Church to the south, 16 spaces were assigned to the First Christian Scientist Church, and 6 spaces were assigned to the City parking lot located on the northeast corner of Ft. Harrison Avenue and Court Street). Based on the applicant's need, 61 parking spaces are required for the new and existing buildings. The plan includes 6 parking spaces to be provided on-site. The remaining 55 parking spaces are to be provided elsewhere within the larger campus. Staff agrees the parking demand for this project is 61 spaces and the applicant has agreed to provide a total of 61 spaces (6 spaces on-site and 55 spaces off-site). Staff recommends approval, subject to conditions: 1) The temporary off-site parking (northeast corner of Turner Street and Ft. Harrison Avenue) be permitted until the provision of adequate alternate or permanent parking is provided to the satisfaction of staff, whichever occurs first; 2) mcd0700 23 07/18/00 . . should parking arrangements at this lot change and/or be unavailable to the site, the City will be notified immediately to establish a mutually acceptable alternate parking area; 3) a revised master parking plan with all parking assignments be provided to staff, prior to issuance of Certificate of Occupancy for this facility; 4) all parking areas required for this project (on and off-site) be of hard surface material, striped and include required handicap spaces; and 5) the landscape plan be revised to include additional plantings around the detention basin and supplemental periphery trees/shrubs. Concern was expressed that so many contingency plans are being considered. In response to a question, Planner Ryan Givens said the site plan will include handicapped parking spaces. He said staff did not perform an analysis regarding the number of parking spaces the County claims will meet the needs of employees and visitors. Staff is relying on the number of County-leased spaces and their representation sufficient parking spaces are in place. Thomas Borawski, representative, concurred with staff's recommendations. He submitted a map of the downtown and referred to parking lots leased by the County. Some spaces are metered to accommodate the public, and others are not. Some lots are leased for County staff and others are for visitor use. Mr. Borawski said although the building will fill the site and 50 parking spaces have been removed, spaces are available in other nearby lots. Visitors are mostly County staff. The building will be used to film park films and County Commission meetings. Many staff will walk to the building. As volunteers arrive after normal business hours, they will have sufficient parking. In response to a question, Mr. Borawski said the existing parking garage at Osceola Avenue/Court Street will be expanded. He said the City Engineering Department has information regarding parking issues as changes are being made due to the proposed Memorial Causeway Bridge project. Carl Barron, Director of General Services for the County, said the County is in the process of reviewing the proposed plan and road improvements for Chestnut and Court Streets. Parking spaces will be gained in the parking lot west of 31 5 Court Street, at the Courthouse. Overall parking will increase. He felt comfortable that the County meets parking requirements. Mr. Barron said the City entered into an interlocal agreement with the Board of County Commissioners that states that as the County transfers $10 million to the County's portion out of the Penny for Pinellas to contribute to this project, the City has specific commitments to ensure their design process makes the County whole with regard to parking. Planning Director Ralph Stone said staff feels the 5 recommended staff conditions cover all contingencies. Member Petersen moved that the CDB approve the Flexible Development request to reduce the front setback from 25 to 8 feet (Palm Avenue), reduce the front setback from 25 to 9 feet (Oak Avenue), reduce the side yard from 10 to 3 feet, and reduce the required number of parking spaces from 121 to 61 spaces (6 spaces on-site and 55 spaces off-site), as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 333 Chestnut Street, subject to conditions: 1) The temporary off-site parking (northeast corner of Turner Street and Ft. Harrison Avenue) be mcd0700 24 07/18/00 . . permitted until the provision of adequate alternate or permanent parking is provided to the satisfaction of staff, whichever occurs first; 2) should parking arrangements at this lot change and/or be unavailable to the site, the City will be notified immediately to establish a mutually acceptable alternate parking area; 3) a revised master parking plan with all parking assignments be provided to staff, prior to issuance of Certificate of Occupancy for this facility; 4) all parking areas required for this project (on and off-site) be of hard surface material, striped and include required handicap spaces; and 5) the landscape plan be revised to include additional plantings around the detention basin and supplemental periphery trees/shrubs. The motion was duly seconded. Upon the vote being taken Members Mazur, Plisko, Johnson, Moran, and Petersen voted "aye"; Member Gildersleeve abstained. Motion carried. ITEM E - APPROVAL OF MINUTES OF PREVOIUS MEETING: June 20, 2000 Member Moran moved to approve the minutes of the regular meeting of June 20, 2000, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. ITEM F - DIRECTOR'S ITEMS - None. Other Business It was requested staff recommend to the Commission that consideration be given to replacement/updating of the microphones in Chambers. It was requested staff ensure that all surveys submitted with cases be current. The Assistant City Attorney said an administrative hearing was held on June 29, 2000, regarding the cellular telecommunication tower issue. She said parties are submitting proposed order and a ruling should be given within 45 days of the hearing. A companion federal case is in mediation. Staff was complimented for working with applicants to resolve issues. ITEM G - ADJOURNMENT The meeting adjourned at 6: 16 p.m. Chair Community Development Board Attest: mcd0700 25 07!1 8/00 . . NOTICE OF COMMUNITY DEVELOPMENT CODE TEXT AMENDMENT The City of Clearwater, Florida, proposed to adopt the following ordinance: ORDINANCE NO. 6595-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS BY CLARIFYING THAT DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS IN THE RESIDENTIAL ZONING DISTRICTS ARE GUIDELINES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS BY ADDING A NEW SUBSECTION TO SECTION 3-1407(A) PARKING RESTRICTIONS IN RESIDENTIAL AREAS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 SIGNS PERMITTED WITHOUT A PERMIT, BY REVISING SECTION 3-1805(N) TEMPORARY YARD SIGNS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1807(B) BY PROHIBITING MONUMENT SIGNS TO BE ELIGIBLE FOR COMPREHENSIVE SIGN PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS ON THIS MATTER: City Commission Meeting Thursday, August 17, 2000 (at 6:00 p.m. or as soon thereafter as the matter can be heard) CITY COMMISSION CHAMBERS, City Hall, 3rd Floor 112 S. Osceola Avenue, Clearwater, Florida Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle A venue, 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 taking 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 and Development Services Director or the City Clerk prior to or during the public hearing. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 Cynthia E. Goudeau, CMC/ ME City Clerk Ad: 08/05/00