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TA01-07-03 TA 01-07-03 Neighborhood Overlay District Amendment WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the samo no less than seven days prior to such hearinq and in the manner as specified in sections -1 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 Revised for COB 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conseNation district or even eliminate a neighborhood conseNation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho samo no less than seven days prior to such hearinq and in the manner as specified in sections '1 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood ConseNation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 Revised for CDS 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho same no less than seven days prior to such hearinq and in the manner as specified in sections '1 206(C) 4-206(C)(2)(b). (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 Revised for CDS 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the S3mo no less than seven days prior to such hearinq and in the manner as specified in sections '1 206(C) 4-206(C)(2)(b). (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 Revised for COB 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho same no less than seven days prior to such hearinq and in the manner as specified in sections -1 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 Revised for COB 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho S::lme no less than seven days prior to such hearinq and in the manner as specified in sections '1 206(C) 4-206(C)(2)(b). (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. 1 . The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 Revised for COB 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho same no less than seven days prior to such hearinq and in the manner as specified in sections 1 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 Revised for CDS 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho S3me no less than seven days prior to such hearinq and in the manner as specified in sections 4 206(C) 4-206(C)(2)(b). (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. ************ D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 Revised for COB 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho S3mo no less than seven days prior to such hearinq and in the manner as specified in sections -1 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 Revised for CDS 8-21-01 e e ; Clearwater u Interoffice Correspondence Sheet TO: BILL HORNE, INTERIM CITY MANAGER FROM: CYNDI T ARAP J\NI, ASSIST ANT PLANNING DIRECTOR RE: NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DA TE: MAY 30,2001 During the discussion of initiating the Island Estates Neighborhood Conservation Overlay District, the City Commission directed the Planning Department to develop a code amendment regarding the final review of the overlay district provisions. Specifically, the code provision would require every property owner in a proposed overlay district to vote individually on each new local zoning regulation. To begin the development of this code provision, I met with City Clerk Cyndie Goudeau and City Attorney Pam Akin. There are several issues regarding this proposal that warrant further discussion and direction from the City Commission. I have outlined the major issues below and request that this issue be scheduled for discussion at the City Commission work session on Monday, June 4,2001. 1. Binding Vote vs. Straw Vote Generally, zoning issues are not decided by referendum but rather are a power reserved to the local government. If the vote by the property owners is considered a binding vote, it has the effect of delegating zoning powers to a group other than the City Commission. It may be more advantageous to consider the results of the vote as the recommendation from the neighborhood to be considered by the City Commission when deciding on the overlay district. 2. Type and Cost of Election There are concerns about the type and cost of holding this election due to the fairly large number of voting property owners who will vote on multiple ballot issues. Based on the previous Commission direction, we expect that each new zoning regulation unique to Island Estates would be a separate ballot issue. As a point of comparison" the proposed Coachman Ridge Overlay District has ten individual regulations. Due to the variety in the Island Estates neighborhood, it is expected that this neighborhood would have at least as many zoning regulations as Coachman Ridge and possibly more provi'sio!1s: {,(ilD pa~/6 ? tfltD '1b (/Yi(Ji~ ::-d I J B? . . 3. Eligibility for voting Unlike political elections where every adult in a household is eligible to vote, Planning proposes that voting would be limited to only one vote per household. This recommendation is based on the fact that the zoning regulations would impact properties rather than individuals. Further, Planning proposes that a condominium would be limited to one vote per condominium association. This provision is intended to reflect the impact of multiple condominium voters in their relative proportion to the total property owners throughout the neighborhood. 4. Determination of Results In a local election, the winner is determined by a plurality of the total votes cast (i.e., 50% plus one vote). The current direction from the City Commission suggests that the decision will be based on a specific percentage of total property owners in the neighborhood. Based on historical voter turnout, it may be difficult to obtain a percentage of the total property owners on any issue. As you are aware, the Planning Department is waiting to start organizational meetings with the Island Estates neighborhood until these issues are resolved. I look forward to this discussion with the City Commission. cc: Garry Brumback Ralph Stone Pam Akin Cyndie Goudeau e tt -fA O\-o~-o3 ORDINANCE NO. 6835-01 Uo~~ ~ 1:; rl >l~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the neighborhood conservation overlay district and determined that the existing requirements need to be amended; and WHEREAS it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and WHEREAS it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, Ordinance No. 6835 -01 CDS Meeting 8-21-01 e e BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve 2 Ordinance No. 6835-01 CDS Meeting 8-21-01 e e a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neiQhborhood conservation district shall vote on each development standard proposed to be included in the neiQhborhood conservation district. The format of the ballot and method of votinQ shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the City Commission to be considered when reviewinQ the proposed development standards. Any costs associated with the conduct of such election shall be paid by the neiQhborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neiQhborhood wants to amend the development standards established in a neiQhborhood conservation district or eliminate the neighborhood conservation district. a petition signed by the owners of sixty (60) percent of the real property within the neighborhood conservation district shall be submitted to the Community Development Coordinator. The purpose of the amendment(s) or reason(s) why a neighborhood conservation district should be eliminated shall accompany the petition. Within 30 days after receipt of such petition and explanation. the city manaQer shall submit a written recommendation to the commission as to whether the neighborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manaQer. the city commission shall consider the petition at a public meetinQ and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the oriainal adoption. 3 Ordinance No. 6835-01 CDS Meeting 8-21-01 . e e * * * * * * * * * * Section 2. 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 Assistant City Attorney City Clerk 4 Ordinance No. 6835-01 CDS Meeting 8-21-01 ",~ -,5-01 ; 12: 36PM; CITy CLERWEPT. ;727 562 4086 e # l' 15 ORDINANCE NO. 6835-01 -----\ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements. the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearvvater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and "~' Ordinance No. 6835 -01 "2- 5-01; 12:36PM;CITy C_ERV DEcT, ,,' ,- ; 727 E.62 4086 e # 12,' 'E WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development :ights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances, A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing iR tho fJGffiO no less than seven days prior to such hearing and in the manner as specified in sections 4 206(-C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4. Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * w w * * w * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the oity-olerk communitv development coordinator. 2 Ordinance No. 6835-01 ,-,~ -~-,' - ~._-- .-..". . -..".,....... --........,..-..,...,,-........ .. "2- 5-01; 12:36PM;CITY C_EqK DEPT. .e e ,_...'-...., -"\ , i -~-- ;727 562 4086 # 13 15 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed to be included in the neighborhood conservation district. The format of the ballot and method of votinq shall be al2Proved by the Community Development Coordinator. The results of the vote shall be p'rovided to the Community Development Board and the City Commission to be considered when reviewing the orooosed development standards. Each development standard forwarded for consideration shall have the support of at least fifty-one (51) percent of 3 Ordinance No. 6835-01 '2- 3-01; 12:36PM;CITY CLERK DEPT. . ,e ;727 562 4086 e # 14 15 /,....., the votes cast. Any costs associated with the conduct of such election shall be paid bv the neighborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neighborhood wants to amend the development standards established in a neighborhood conservation district or eliminate the neighborhood conservation district. a oetition signed by the owners of sixtv (60) percent of the real property within the neighborhood conservation district shall be submitted to the Community Development Coordinator. Along with the petitions. the neighborhood shall also submit the purpose of the amendment(s) and reason(s) whY a neiQhborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation. the cit'l manager shall submit a written recommendation to the commission as to whether the neiohborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manaoer. the city commission shall consider the petition at a oublic meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the original adoption. "'********* Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: No more th:lf'l 20 percent of tho aDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity .J of the receiving site is not exceeded by 20 percent of the development potential of the 4 Ordinance No. 6835-01 'J .', >,5-81; 12;36PM,;CITY CLER.EPT. ; 727 562 4086 e # 15 15 site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING September 6, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED September 20, 2001 Approved as to form: Attest: .--" I ../ ~ ~ .IJ ~",,'r,~ (1.eul. .J!J Cyn a . Goudeau o City Clerk Dougall Assistant City Attorney 5 Ordinance No. 6835-01 . ,,-- . .- .._..,. ...n ......_.........__.._ _. .__.. ___.._._...._.."...._._ .... ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements, the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and Ordinance No. 6835 -01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the S3mo no less than seven days prior to such hearinq and in the manner as specified in sections 'I 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neiqhborhood conservation district shall vote on each development standard proposed to be included in the neiqhborhood conservation district. The format of the ballot and method of votinq shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the Community Development Board and the City Commission to be considered when reviewinq the proposed development standards. Each development standard forwarded for consideration shall have the support of at least fifty-one (51) percent of the votes cast. Any costs associated with the conduct of such election shall be paid bv the neiqhborhood. 3 Ordinance No. 6835-01 . 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neiqhborhood wants to amend the development standards established in a nei~hborhood conservation district or eliminate the neiqhborhood conservation district, a petition siqned by the owners of sixty (60) percent of the real property within the neiqhborhood conservation district shall be submitted to the Community Development Coordinator. Alonq with the petitions. the neiqhborhood shall also submit the purpose of the amendment(s) and reason(s) why a neiqhborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation. the city manaqer shall submit a written recommendation to the commission as to whether the neiqhborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manaqer, the city commission shall consider the petition at a public meetinq and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the oriqinal adoption. * * * * * * * * * * Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: No more th3n 20 percent of the dDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The 4 Ordinance No. 6835-01 . special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4. 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 Assistant City Attorney City Clerk 5 Ordinance No. 6835-01 Clearwater City Commission Agenda Cover Memorandum Worksession Item # Final Agenda Item # Meeting Date 9-06-01 SUBJECT/RECOMMENDA TION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6835-01 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: In June 2001, the City Commission directed the Planning Department to make recommendations to the Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD requirements: . Require NCOD petition to be submitted to the Community Development Coordinator instead of the City Clerk; . Allow the study committee to include four alternate members; . Require a vote of the neighborhood on each development standard proposed to be included in the NCOD; . Require the NCOD code amendments to be considered in accordance with the section of the code governing text amendments; and . Specify procedures for making amendments to the NCOD and eliminating the NCOD. Reviewed Originating Department: Costs: Commission Action: by: Legal Planning o Approved Budget N/A Gina L. Clayton Total o Approved with Conditions Purchasing N/A User Department: 0 Denied Risk Mgmt. N/A Planning 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: Planning Dept. Staff Report Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01 by: Affected Parties 0 Notified City Manager 0 Not Required 0 None o Printed on recycled paper The Planning Department is also recommending the following two amendments: . Notice Requirements. Revise the notice requirements for continued public hearings by only requiring letter notice to be given to the applicant and surrounding property owners and not requiring notice to be provided in the newspaper for the continued public hearing date; and . Transfer of Development Rights. Revise the transfer of development rights provision that limits the amount of development rights that can be transferred from the sending site to 20%. This proposal does not revise the 20% limit on the receiving site and is consistent with the Countywide Rules. At the August 21, 2001 meeting, the Community Development Board unanimously recommended approval of the ordinance with one revision to the neighborhood conservation overlay district vote requirement. The Board recommended that only those development standards receiving 51 % of the vote cast be forwarded to the Commission for consideration. Staff supports this recommendation and has revised the ordinance accordingly. 2 CDB Meeting Date: August 21, 2001 Case Number: TAOO-07-03 Agenda Item: D-2 CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6835-01 INITIATED BY: Planning Department UPDATE: The Community Development Board unanimously recommended approval of the text amendments at the August 21 st meeting with one revision regarding the neighborhood conservation overlay district. The Board recommended that the vote requirement in proposed Section 4-608(D)(4) be revised to only allow those development standards receiving 51 % of the votes cast by the neighborhood to be forwarded to the Board and City Commission for consideration. The ordinance has been revised to reflect this recommendation, however, the staff report has not been changed. BACKGROUND INFORMATION: During the discussion of initiating the Island Estates Neighborhood Conservation Overlay District (NCOD), the City Commission directed the Planning Department to make amendments to the NCOD regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. Additionally the Commission discussed the type and cost of such election, the eligibility for voting and the determination of results. The Planning Department is initiating this amendment to respond to City Commission direction on this issue. In addition, the Planning Department recommends addressing two critical issues: notice requirements for continued public hearings and transfer of development rights. All of the proposed amendments are considered to be important to operations and should not be delayed until the annual review of the code. Planning/Gina Clayton/Ordinance/NCOO, TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments 08-21-01 COB Meeting 1 ANALYSIS: Proposed Ordinance No. 6835-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. 1. Notice Requirements for Continuances (Page 2 of proposed ordinance.) The Planning Department is proposing amendments to the notice requirements for continued public hearings. In the June 2000 code update, provisions were added to the public hearing requirements to provide a second notice for any continued public hearing in the newspaper and to all persons who were originally given notice. Florida Statutes only require notice to be provided again if the public hearing is not continued to a date certain. Due to the high cost of placing notices in the local newspaper and the ineffectiveness of such notice to provide information to affected property owners, the Planning Department is proposing to eliminate this requirement. The Planning Department is proposing, however, to continue to provide second notice via letters to affected property owners that received the original notice. 2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed ordinance. ) The Planning Department is proposing to revise the neighborhood conservation overlay district provisions in five areas. The first amendment is a small procedural change to Section 4-608(D)(1) that would require any NCOD petition to be filed with the Community Development Coordinator instead of the City Clerk. Staff is proposing this change because all other land development applications are filed with the Community Development Coordinator and the Planning Department is responsible for processing a request for NCOD designation. The second amendment proposes to revise Code Section 4-608(D)(3) to permit the study committee to include up to four (4) alternate members. The applications we have received from Coachman Ridge and Island Estates includes alternate members. The existing provisions are silent on this issue and staff is proposing to include provisions that provide for such alternate members who serve a useful purpose in representing their neighborhood. The third amendment is being proposed to Section 4-608(D)(4). It adds a requirement that the owners of property within the proposed NCOD vote on each development standard proposed to be included in the NCOD. The results of such vote would be presented to the City Commission when considering whether or not to approve a NCOD. The vote results will be presented showing the total votes cast, the votes in favor and the votes opposed. The provision requires that the Community Development Coordinator approve the format and method of voting and that the costs of the election be paid by the neighborhood petitioning the Commission for NCOD designation. Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 2 The fourth amendment is to recognize that a proposed NCOD involves amendments to the community development code. Section 4-608(D)(6) is being amended to include a requirement that NCOD code amendments be considered in accordance with Section 4-601, which governs text amendments. The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D) that sets forth the procedures for those neighborhoods wanting to amend the provisions of an already established NCOD or to eliminate a NCOD. The Code is currently silent on how to amend or rescind the NCOD. The proposed procedure would be the same, as that required initiating a NCOD. A petition signed by owners of sixty percent (60%) of the property within the NCOD would have to be submitted to the Community Development Coordinator, along with an explanation of the purpose of the amendments or the reasons for the elimination of the NCOD. Within 30 days after receiving the petition and explanation, the City Manager would give a recommendation to the City Commission as to whether or not the amendment/elimination process should begin. The City Commission would consider the request and the amendment or deletion of the overlay district would follow the same process and notice requirements as the original adoption required. 3. Transfer of Development Rights (Page 4 of the proposed ordinance.) The Planning Department is proposing to delete a provision of Code Section 4-1402 that specifies the amount of development rights that can be transferred from one development site to another. In September 2000 the Countywide Planning Authority approved an amendment to the Countywide Plan Rules that allows the use of transfer of development rights within a designated redevelopment area. This provision specifies that density/intensity may exceed the maximum density/intensity of the Future Land Use Plan category for the receiving parcel by an amount not to exceed twenty (20) percent of the otherwise permitted maximum. Staff is proposing to delete the current Clearwater requirement that limits the amount of rights that can be transferred from the "sending" site. The code would continue to limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent. The proposed amendment is consistent with the Countywide Rules since the Countywide Rules do not have a limit on the sending site. The existing provision on the development of the sending site will remain i.e. the CDB will review both sites (sending and receiving). The Department believes that there may be development alternatives that are compatible with the area that could be inhibited by the current sending site rule. Planning/Gina Clayton/Ordinance/NCOO, TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments 08-21-01 CDS Meeting 3 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, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." The provisions further defining and improving the process of the neighborhood conservation overlay district enhances this innovative planning tool, which was established to preserve neighborhood character and encourage infill development that is compatible with the neighborhood. Eliminating the restriction on the amount of density/intensity that can be transferred from a site improves an existing innovative planning practice intended to stimulate the redevelopment of blighted (redevelopment) areas. . Objective 2.4 - Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The NCOD is an innovative planning tool to address redevelopment in existing established neighborhoods. By making the NCOD process more comprehensive and providing a mechanism to amend any requirement established through a NCOD makes this a stronger neighborhood program which promotes compatible development. By eliminating the restriction on the amount of density/intensity that can be transferred from a sending site, the proposed amendment to the transfer of development rights provision promotes urban development through the Code. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 4 The proposed text amendments revise notice requirements for continued public hearings, revises the neighborhood conservation overlay district standards found in Article 4, and the transfer of development rights regulations that limit the amount of density/intensity that can be transferred from a site. These amendments further the following purposes of the Community Development 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(C) - It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. . 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. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments provide for effective notice to the public for continued public hearings, but at a substantially lower cost; provide residents within a neighborhood proposing a NCOD a mechanism for direct input into the final review process; and eliminates unnecessary limitations on transfer of development rights and provides total consistency with the Countywide Rules. The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01 that revises the Community Development Code. Prepared by: Gina 1. Clayton A TT ACHMENT: Proposed Ordinance No. 6835-01 Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 5 Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 6 Clearwater City Commission Agenda Cover Memorandum W orksession Item # Final Agenda Item # Meeting Date 9-06-01 SUBJECT/RECOMMENDA TION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6835-01 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: In June 2001, the City Commission directed the Planning Department to make recommendations to the Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD requirements: . Require NCOD petition to be submitted to the Community Development Coordinator instead of the City Clerk; . Allow the study committee to include four alternate members; . Require a vote of the neighborhood on each development standard proposed to be included in the NCOD; . Require the NCOD code amendments to be considered in accordance with the section of the code governing text amendments; and . Specify procedures for making amendments to the NCOD and eliminating the NCOD. Reviewed Originating Department: Costs: Commission Action: by: Legal Planning ~ o Approved Budget N/A Gina L. Clayton. Total o Approved with Conditions Purchasing N/A User Departme~ o Denied Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to: IS N/A Funding Source: ACM N/A o Capital Improvement: Other N/A Advertised: 0 Operating: Date: 0 Other: Attachments: Paper: Planning Dept. Staff Report Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01 by: Affected Parties 0 Notified City Manager 0 Not Required o None o Printed on recycled paper The Planning Department is also recommending the following two amendments: . Notice Requirements. Revise the notice requirements for continued public hearings by only requiring letter notice to be given to the applicant and surrounding property owners and not requiring notice to be provided in the newspaper for the continued public hearing date; and . Transfer of Development Rights. Eliminate the requirement that specifies the amount of development rights that can be transferred from one development site to another. The Community Development Board will review the proposed amendments at its regularly scheduled meeting on August 21, 2001 and make a recommendation to the Commission. The Planning Department will report the recommendation at the City Commission meeting. 2 CDB Meeting Date: August 21, 2001 Case Number: TAOO-07-03 Agenda Item: D-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6835-01 INITIATED BY: Planning Department BACKGROUND INFORMATION: During the discussion of initiating the Island Estates Neighborhood Conservation Overlay District (NCOD), the City Commission directed the Planning Department to make amendments to the NCOD regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. Additionally the Commission discussed the type and cost of such election, the eligibility for voting and the determination of results. The Planning Department is initiating this amendment to respond to City Commission direction on this issue. In addition, the Planning Department recommends addressing two critical issues: notice requirements for continued public hearings and transfer of development rights. All of the proposed amendments are considered to be important to operations and should not be delayed until the annual review of the code. ANALYSIS: Proposed Ordinance No. 6835-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. 1. Notice Requirements for Continuances (Page 2 of proposed ordinance.) The Planning Department is proposing amendments to the notice requirements for continued public hearings. In the June 2000 code update, provisions were added to the public hearing requirements to provide a second notice for any continued public hearing in the newspaper and to all persons who were originally given notice. Florida Statutes only require notice to be provided again if the public hearing is not continued to a date certain. Due to the high cost of placing notices in the local newspaper and Planning/Gina Clayton/Ordinance/NCOD, TOR, and NOTICE Amendments/Staff Report -NCOD Amendments 08-21-01 COB Meeting 1 the ineffectiveness of such notice to provide information to affected property owners, the Planning Department is proposing to eliminate this requirement. The Planning Department is proposing, however, to continue to provide second notice via letters to affected property owners that received the original notice. 2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed ordinance. ) The Planning Department is proposing to revise the neighborhood conservation overlay district provisions in five areas. The first amendment is a small procedural change to Section 4-608(D)(1) that would require any NCOD petition to be filed with the Community Development Coordinator instead of the City Clerk. Staff is proposing this change because all other land development applications are filed with the Community Development Coordinator and the Planning Department is responsible for processing a request for NCOD designation. The second amendment proposes to revise Code Section 4-608(D)(3) to permit the study committee to include up to four (4) alternate members. The applications we have received from Coachman Ridge and Island Estates includes alternate members. The existing provisions are silent on this issue and staff is proposing to include provisions that provide for such alternate members who serve a useful purpose in representing their neighborhood. The third amendment is being proposed to Section 4-608(D)(4). It adds a requirement that the owners of property within the proposed NCOD vote on each development standard proposed to be included in the NCOD. The results of such vote would be presented to the City Commission when considering whether or not to approve a NCOD. The vote results will be presented showing the total votes cast, the votes in favor and the votes opposed. The provision requires that the Community Development Coordinator approve the format and method of voting and that the costs of the election be paid by the neighborhood petitioning the Commission for NCOD designation. The fourth amendment is to recognize that a proposed NCOD involves amendments to the community development code. Section 4-608(D)(6) is being amended to include a requirement that NCOD code amendments be considered in accordance with Section 4-601, which governs text amendments. The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D) that sets forth the procedures for those neighborhoods wanting to amend the provisions of an already established NCOD or to eliminate a NCOD. The Code is currently silent on how to amend or rescind the NCOD. The proposed procedure would be the same, as that required initiating a NCOD. A petition signed by owners of sixty percent (60%) of the property within the NCOD would have to be submitted to the Community Development Coordinator, along with an explanation of the Planning/Gina Clayton/Ordinance/NCOO, TOR, and NOTICE Amendments/Staff Report -NCOO Amendments 08-21-01 COB Meeting 2 purpose of the amendments or the reasons for the elimination of the NCOD. Within 30 days after receiving the petition and explanation, the City Manager would give a recommendation to the City Commission as to whether or not the amendment/elimination process should begin. The City Commission would consider the request and the amendment or deletion of the overlay district would follow the same process and notice requirements as the original adoption required. 3. Transfer of Development Rights (Page 4 of the proposed ordinance.) The Planning Department is proposing to delete a provision of Code Section 4-1402 that specifies the amount of development rights that can be transferred from one development site to another. In September 2000 the Countywide Planning Authority approved an amendment to the Countywide Plan Rules that allows the use of transfer of development rights within a designated redevelopment area. This provision specifies that density/intensity may exceed the maximum density/intensity of the Future Land Use Plan category for the receiving parcel by an amount not to exceed twenty (20) percent of the otherwise permitted maximum. Staff is proposing to delete the current Clearwater requirement that limits the amount of rights that can be transferred from the "sending" site. The code would continue to limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent. The proposed amendment is consistent with the Countywide Rules since the Countywide Rules do not have a limit on the sending site. The existing provision on the development of the sending site will remain i.e. the CDB will review both sites (sending and receiving). The Department believes that there may be development alternatives that are compatible with the area that could be inhibited by the current sending site rule. 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, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." Planning/Gina ClaytonlOrdinancelNCOD, TOR, and NOTICE Amendments/Staff Report -NCOD Amendments 08-21-01 COB Meeting 3 The provIsIOns further defining and improving the process of the neighborhood conservation overlay district enhances this innovative planning tool, which was established to preserve neighborhood character and encourage infill development that is compatible with the neighborhood. Eliminating the restriction on the amount of density/intensity that can be transferred from a site improves an existing innovative planning practice intended to stimulate the redevelopment of blighted (redevelopment) areas. . Objective 2.4 - Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The NCOD is an innovative planning tool to address redevelopment in eXIstmg established neighborhoods. By making the NCOD process more comprehensive and providing a mechanism to amend any requirement established through a NCOD makes this a stronger neighborhood program which promotes compatible development. By eliminating the restriction on the amount of density/intensity that can be transferred from a sending site, the proposed amendment to the transfer of development rights provision promotes urban development through the Code. 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 notice requirements for continued public hearings, revises the neighborhood conservation overlay district standards found in Article 4, and the transfer of development rights regulations that limit the amount of density/intensity that can be transferred from a site. These amendments further the following purposes of the Community Development 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(C) - It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. Planning/Gina ClaytonlOrdinancelNCOO, TOR, and NOTICE Amendments/Staff Report -NCOO Amendments 08-21-01 CDS Meeting 4 . 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 provide for effective notice to the public for continued public hearings, but at a substantially lower cost; provide residents within a neighborhood proposing a NCOD a mechanism for direct input into the final review process; and eliminates unnecessary limitations on transfer of development rights and provides total consistency with the Countywide Rules. The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01 that revises the Community Development Code. Prepared by: GinaL. Clayto~ ATTACHMENT: Proposed Ordinance No. 6835-01 Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Staff Report -NCOO Amendments 08-21-01 COB Meeting 5 . . ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements, the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and Ordinance No. 6835 -01 CDS Meeting 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in the same manner as specified in sections 4 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clerk community development coordinator. 2 Ordinance No. 6835-01 CDS Meeting 8-21-01 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neiqhborhood conservation district shall vote on each development standard proposed to be included in the neiqhborhood conservation district. The format of the ballot and method of votinq shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the City Commission to be considered when reviewinq the proposed development standards. Any costs associated with the conduct of such election shall be paid by the neiqhborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 3 Ordinance No. 6835-01 CDS Meeting 8-21-01 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neiqhborhood wants to amend the development standards established in a neiqhborhood conservation district or eliminate the neiqhborhood conservation district, a petition siqned by the owners of sixty (60) percent of the real property within the neiqhborhood conservation district shall be submitted to the Community Development Coordinator. Alonq with the petitions, the neiqhborhood shall also submit the purpose of the amendment(s) and reason(s) why a neiqhborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation, the city manaqer shall submit a written recommendation to the commission as to whether the neiqhborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manaqer, the city commission shall consider the petition at a public meetinq and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the oriqinal adoption. * * * * * * * * * * Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: No more than 20 percent of the dDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. 4 Ordinance No. 6835-01 CDS Meeting 8-21-01 , . Section 4. 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 Assistant City Attorney City Clerk 5 Ordinance No. 6835-01 CDS Meeting 8-21-01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho same no less than seven days prior to such hearinq and in the manner as specified in sections ~) '? t1 206(C) 4-206(C)(2)(b), (c) and (d). ~ Section 2. Article 4, Development Review and Other Procedures, Section 4- , 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 Revised for CDS 8-21-01 1- . The last amendment to the NCOD section of the code dictates procedures for a neighborhood to follow when making amendments to an established NCOD or eliminating a NCOD. These procedures require a petition to be signed by owners of 60% of the property within the NCOD. It also requires that the neighborhood submit information regarding ~ PWy.~fi.ml!lOI6 ..-d the reasons why a NCOD should be revised or eliminated. The 60% ( was chosen because it is the same percentage required to initiate the NCOD planning process. The final amendment proposed in this ordinance amends the transfer of development rights provisioni found in Section4-1402. The Planning Department is proposing to eliminate the requirement that limits the amount91.r~tU~-WClc~~~JlLfmsferred from the sending site. The current requirement restricts that amount ~O%: "The Coae would continue, however, to limit the transfer so that the receiving site is not exceeded by 20 percent of the permitted density. This proposed amendment would be consistent with the Countywide Rules and allows more flexibility than the current sending site rules. ~ ~ Uk 0 TD~ CDB Presentation The Planning Department is recommending amendments to three different sections of the Community Development Code. The first amendment revises the notice requirements for continued public hearings found in Section 4-206(E). Currently, the code requires that notice be given in writing to the applicant, surrounding property owners, and affected neighborhood associations and placed in the newspaper. The Planning Department is proposing to revise this requirement to only require notice to be given by letter to the applicant, surrounding property owners and affected neighborhood associations. The revision, is being proposed because legal ads are not vef)Y.effective in informing the public and are very costly. .. The next amendments revise the neighborhood conservation overlay district provisions in Section 4- 608. . The first amendment is a minor procedural change. It requires a neighborhood to submit a NCOD petition to the Community Development Coordinator instead of the City Clerk. . The second amendment allows the NCOD study committee to include four alternate members. Both Island Estates and Coachman Ridge have included alternate members on their committee and we wanted to recognize this in the code because it enables broader neighborhood participation. . The third amendment requires the neighborhood to take a vote on each development standard proposed to be included in the NCOD. The format of the ballot and the method of voting would have to be approved by the Community Development Coordinator and any costs associated with conducting the vote would have to be paid by the neighborhood. The results of this vote would be presented to the City Commission for its consideration when making a decision of the NCOD provisions. The Commission would be advised as to the total votes cast and the number of votes in favor of the provisions and the number in opposition. . The fourth amendment recognizes that a proposed NC@p involves amendments to the Community Development Code. This proposed provisiowrqmre'S,. that the proposed development standards be reviewed for consistency with the code governing text amendments. -- . NOTICE OF TEXT AMENDMENT The City of Clearwater, Florida, proposed to adopt the following ordinance: ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITIED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITIEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. ~ PUBLIC HEARINGS ON THIS MATTER: Tuesday, August 21, 2001 before the Community Development Board, at 2:00 p.m. . Thursday, September 20, 2001 before the City Commission (1st Reading), at 6:00 p.m. Thursday, October 4,2001 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. Additional information is available in the Planning 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 making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN TillS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, F133758-4748 Ad: 08/04/01 & 09/15/01 Cynthia E. Goudeau, CMC City Clerk Ruscher, Amy From: Sent: To: Subject: Clayton, Gina Friday, August 24, 2001 3: 13 PM Ruscher, Amy Ord.6835-01 Could you print out all of the stuff I sent you on changes to the NCOD/TDr and notice ordinance and put in the file? Thanks! Gina 1. Clayton Long Range Planning Manager City of Clearwater gcla yton@clearwater-fl.eam (727) 562-4587 w~ , --fI \ .. ,~. ~D n ; ~. .~~~ ~ <5 1 Clearwater City Commission Agenda Cover Memorandum W orksession Item # Final Agenda Item # FILUm Meeting Date 9-06-01 SUBJECT/RECOMMENDA TION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6835-01 on first reading. o and that the appropriate officials be authorized to execute same. SUMMARY: In June 2001, the City Commission directed the Planning Department to make recommendations to the Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD requirements: . Require NCOD petition to be submitted to the Community Development Coordinator instead of the City Clerk; . Allow the study committee to include four alternate members; . Require a vote of the neighborhood on each development standard proposed to be included in the NCOD; . Require the NCOD code amendments to be considered in accordance with the section of the code governing text amendments; and . Specify procedures for making amendments to the NCOD and eliminating the NCOD. Reviewed Originating Department: Costs: Commission Action: by: Legal Planning 0 Approved Budget NJA Gina L. Clayton Total 0 Approved with Conditions Purchasing NJA User Department: 0 Denied Risk Mgmt. N/A Planning 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: Planning Dept. Staff Report Submitted 0 Not Required Appropriation Code Ordinance No. 6835-01 by: Affected Parties 0 Notified City Manager 0 Not Required 0 None -0 Printed on recycled paper '103 3~J~ ,." The Planning Department is also recommending the following two amendments: . Notice Requirements. Revise the notice requirements for continued public hearings by only requiring letter notice to be given to the applicant and surrounding property owners and not requiring notice to be provided in the newspaper for the continued public hearing date; and . Transfer of Development Rights. Eliminate the requirement that specifies the amount of development rights that can be transferred from one development site to another. At the August 21,2001 meeting, the Community Development Board unanimously recommended approval of the ordinance with one revision to the neighborhood conservation overlay district vote requirement. The Board recommended that only those development standards receiving 51 % of the vote cast be forwarded to the Commission for consideration. Staff supports this recommendation and has revised the ordinance accordingly. 2 CDB Meeting Date: August 21, 2001 Case Number: TAOO-07-03 Agenda Item: D-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6835-01 INITIATED BY: Planning Department UPDATE: The Community Development Board unanimously recommended approval of the text amendments at the August 21 st meeting with one revision regarding the neighborhood conservation overlay district. The Board recommended that the vote requirement in proposed Section 4-608(D)(4) be revised to only allow those development standards receiving 51 % of the votes cast by the neighborhood to be forwarded to the Board and City Commission for consideration. The ordinance has been revised to reflect this recommendation, however, the staff report has not been changed. BACKGROUND INFORMATION: During the discussion of initiating the Island Estates Neighborhood Conservation Overlay District (NCOD), the City Commission directed the Planning Department to make amendments to the NCOD regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. Additionally the Commission discussed the type and cost of such election, the eligibility for voting and the determination of results. The Planning Department is initiating this amendment to respond to City Commission direction on this issue. In addition, the Planning Department recommends addressing two critical issues: notice requirements for continued public hearings and transfer of development rights. All of the proposed amendments are considered to be important to operations and should not be delayed until the annual review of the code. Planning/Gina ClaytonlOrdinance/NCOD, TDR, and NOTICE AmendmentslRevised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 1 ANALYSIS: Proposed Ordinance No. 6835-01 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. 1. Notice Requirements for Continuances (Page 2 of proposed ordinance.) The Planning Department is proposing amendments to the notice requirements for continued public hearings. In the June 2000 code update, provisions were added to the public hearing requirements to provide a second notice for any continued public hearing in the newspaper and to all persons who were originally given notice. Florida Statutes only require notice to be provided again if the public hearing is not continued to a date certain. Due to the high cost of placing notices in the local newspaper and the ineffectiveness of such notice to provide information to affected property owners, the Planning Department is proposing to eliminate this requirement. The Planning Department is proposing, however, to continue to provide second notice via letters to affected property owners that received the original notice. 2. Neighborhood Conservation Overlay District (Pages 2 - 4 of the proposed ordinance.) The Planning Department is proposing to revise the neighborhood conservation overlay district provisions in five areas. The first amendment is a small procedural change to Section 4-608(D)(1) that would require any NCOD petition to be filed with the Community Development Coordinator instead of the City Clerk. Staff is proposing this change because all other land development applications are filed with the Community Development Coordinator and the Planning Department is responsible for processing a request for NCOD designation. The second amendment proposes to revise Code Section 4-608(D)(3) to permit the study committee to include up to four (4) alternate members. The applications we have received from Coachman Ridge and Island Estates includes alternate members. The existing provisions are silent on this issue and staff is proposing to include provisions that provide for such alternate members who serve a useful purpose in representing their neighborhood. The third amendment is being proposed to Section 4-608(D)(4). It adds a requirement that the owners of property within the proposed NCOD vote on each development standard proposed to be included in the NCOD. The results of such vote would be presented to the City Commission when considering whether or not to approve a NCOD. The vote results will be presented showing the total votes cast, the votes in favor and the votes opposed. The provision requires that the Community Development Coordinator approve the format and method of voting and that the costs of the election be paid by the neighborhood petitioning the Commission for NCOD designation. Planning/Gina ClaytonlOrdinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 2 The fourth amendment is to recognize that a proposed NCOD involves amendments to the community development code. Section 4-608(D)(6) is being amended to include a requirement that NCOD code amendments be considered in accordance with Section 4-601, which governs text amendments. The fifth and final proposed amendment adds a subsection (7) to Section 4-608(D) that sets forth the procedures for those neighborhoods wanting to amend the provisions of an already established NCOD or to eliminate a NCOD. The Code is currently silent on how to amend or rescind the NCOD. The proposed procedure would be the same, as that required initiating a NCOD. A petition signed by owners of sixty percent (60%) of the property within the NCOD would have to be submitted to the Community Development Coordinator, along with an explanation of the purpose of the amendments or the reasons for the elimination of the NCOD. Within 30 days after receiving the petition and explanation, the City Manager would give a recommendation to the City Commission as to whether or not the amendment/elimination process should begin. The City Commission would consider the request and the amendment or deletion of the overlay district would follow the same process and notice requirements as the original adoption required. 3. Transfer of Development Rights (Page 4 of the proposed ordinance.) The Planning Department is proposing to delete a provision of Code Section 4-1402 that specifies the amount of development rights that can be transferred from one development site to another. In September 2000 the Countywide Planning Authority approved an amendment to the Countywide Plan Rules that allows the use of transfer of development rights within a designated redevelopment area. This provision specifies that density/intensity may exceed the maximum density/intensity of the Future Land Use Plan category for the receiving parcel by an amount not to exceed twenty (20) percent of the otherwise permitted maximum. Staff is proposing to delete the current Clearwater requirement that limits the amount of rights that can be transferred from the "sending" site. The code would continue to limit the transfer so that the "receiving" site is not exceeded by twenty (20) percent. The proposed amendment is consistent with the Countywide Rules since the Countywide Rules do not have a limit on the sending site. The existing provision on the development of the sending site will remain i.e. the CDB will review both sites (sending and receiving). The Department believes that there may be development alternatives that are compatible with the area that could be inhibited by the current sending site rule. Planning/Gina ClaytonlOrdinance/NCOD, TDR, and NOTICE AmendmentsIRevised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 3 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, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: . Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." The provisions further defining and improving the process of the neighborhood conservation overlay district enhances this innovative planning tool, which was established to preserve neighborhood character and encourage infill development that is compatible with the neighborhood. Eliminating the restriction on the amount of density/intensity that can be transferred from a site improves an existing innovative planning practice intended to stimulate the redevelopment of blighted (redevelopment) areas. . Objective 2.4 - Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The NCOD is an innovative planning tool to address redevelopment in eXIstmg established neighborhoods. By making the NCOD process more comprehensive and providing a mechanism to amend any requirement established through a NCOD makes this a stronger neighborhood program which promotes compatible development. By eliminating the restnctlOn on the amount of density/intensity that can be transferred from a sending site, the proposed amendment to the transfer of development rights provision promotes urban development through the Code. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Planning/Gina ClaytonlOrdinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 4 The proposed text amendments revise notice requirements for continued public hearings, revises the neighborhood conservation overlay district standards found in Article 4, and the transfer of development rights regulations that limit the amount of density/intensity that can be transferred from a site. These amendments further the following purposes of the Community Development 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(C) - It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. . 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. SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments provide for effective notice to the public for continued public hearings, but at a substantially lower cost; provide residents within a neighborhood proposing a NCOD a mechanism for direct input into the final review process; and eliminates unnecessary limitations on transfer of development rights and provides total consistency with the Countywide Rules. The Planning Department Staff recommends APPROVAL of Ordinance No. 6835-01 that revises the Community Development Code. Prepared by: Gina L. Clayton ATfACHMENT: Proposed Ordinance No. 6835-01 Planning/Gina Clayton/Ordinance/NCOD, TDR, and NOTICE Amendments/Revised Staff Report -NCOD Amendments 08-21-01 CDB Meeting 5 Planning/Gina ClaytonlOrdinance/NCOO, TOR, and NOTICE Amendments/Revised Staff Report -NCOO Amendments 08-21-01 COB Meeting 6 ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements, the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and Ordinance No. 6835 -01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, 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 Clearwater 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 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho samo no less than seven days prior to such hearinq and in the manner as specified in sections 4 206(C) 4-206(C)(2)(b), (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608. Neighborhood Conservation Overlay District. * * * * * * * * * * * * D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the oity clark community development coordinator. 2 Ordinance No. 6835-01 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neiqhborhood conservation district shall vote on each development standard proposed to be included in the neiqhborhood conservation district. The format of the ballot and method of votinq shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the Community Development Board and the City Commission to be considered when reviewinq the proposed development standards. Each development standard forwarded for consideration shall have the support of at least fifty-one (51) percent of the votes cast. Any costs associated with the conduct of such election shall be paid by the neiqhborhood. 3 Ordinance No. 6835-01 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. I n the event a neiqhborhood wants to amend the development standards established in a neiqhborhood conservation district or eliminate the neiqhborhood conservation district. a petition siqned bY the owners of sixty (60) percent of the real property within the neiQhborhood conservation district shall be submitted to the Community Development Coordinator. Alonq with the petitions. the neiQhborhood shall also submit the purpose of the amendment(s) and reason(s) why a neiQhborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation. the city manaqer shall submit a written recommendation to the commission as to whether the neiqhborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manaQer, the city commission shall consider the petition at a public meetinQ and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the oriqinal adoption. * * * * * * * * * * Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: No mora than 20 percont of tho dDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The 4 Ordinance No. 6835-01 special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4. 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 Assistant City Attorney City Clerk 5 Ordinance No. 6835-01 .., .,.. ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER August 21, 2001 Meeting called to order at 2:00 p.m. at City Hall ITEM A- APPROVAL OF MINUTES - 07/17/01 ACTION -APPROVED AS SUBMITTED - 6:0 ITEM B - CONSENT AGENDA - APPROVED AS SUBMITTED LESS ITEM #B3 - 6:0 Item #B1 - 3011 VirQinia Avenue: Taylor G. Bingham III - Owner/ Applicant. Request annexation of 0.11 acre to the City with a Land Use Plan amendment to RU, Residential Urban, and rezoning to LMDR, Low Medium Density Residential District at BayView City, Subdivision, Block 1, North 47 feet of Lots 5 and 6. ANX 01-06-12 (Recommended Approval) Item #B2 - 2652 McMullen-Booth Road: Countryside Joint Venture/City National Bank of Florida. Trustee - Owner/ Applicant. Request flexible development approval to permit a 6-foot high fence with gate in the required front setback along McMullen-Booth Road at The Vinings at Countryside, Lot 1, with one condition. FL 01-05-22 Item #B3 - 304-308 North Osceola Avenue: Malcolm & Beverley Croft / Bennett & Harriett Weber (Osceola Bay Development. LLC) - Owner/ Applicant. FL 01-05-22 SEE ITEM #01 ITEM C - REQUESTS FOR CONTINUANCE/RECONSIDERED ITEMS - None. ITEM 0 - LEVEL THREE APPLICATIONS Item #D1 - 304-308 North Osceola Avenue: Malcolm & Beverley Croft / Bennett & Harriett Weber (Osceola Bay Development. LLC) - Owner/ Applicant. Request flexible development approval to increase the height of an attached dwelling development from 50 feet to 150 feet, as part of a Comprehensive Infill Redevelopment Project at Sec. 09- 29-15, M&B 43.06, and Clovis C. Lutz, Lots A & B. FL 01-05-22 ACTION - RECOMMENDED APPROVAL - 4:2 (PLlSKOIMORAN) - with conditions: 1) final design of building to be consistent with conceptual elevations submitted; 2) density of site to be limited to 25 dwellings units; 3) Stormwater Management requirements to be met, prior to issuance of building permits; 4) a new fire hydrant assembly/new Fire Department connections to be installed on exterior (street side) of proposed six-foot wall, prior to issuance of a Certificate of Occupancy; and 5) all signage to comply with Code. Item #D2 - Amendments to Community Development Code: City of Clearwater - Applicant. Request recommendation for approval of amendments to the Code: 1) amend notice requirements for continuances; 2) add provisions requiring neighborhoods to conduct a vote on each development standard proposed as part of a NCOD (Neighborhood Conservation Overlay District); 3) add provisions specifying procedures acd0801 1 08/21/01 ,..,. to amend or eliminate NCOD requirements; and 4) eliminate percentage of development rights that may be transferred from a site. TA 01-07-03 ACTION - RECOMMENDED APPROVAL - 6:0 ITEM E - LEVEL TWO APPLICATIONS Item #E1 - 217 Dolphin Point: Houle Industries. Inc. - Owner/Applicant. Request flexible development approval: 1) reduce minimum lot width from 150 feet to 125 feet; 2) reduce north front setback along Dolphin Point from 25 feet to 4 feet; 3) reduce south rear setback from 15 feet to 0 feet; and 4) increase the height from 30 feet to 50 feet, as part of a Residentiallnfill Project at Island Estates of Clearwater, Unit 5-A, Lots 10-11. FL 01-06-23 ACTION - APPROVED WITH AMENDED HEIGHT INCREASE - 5:0 - with conditions: 1) final design of buildings to be consistent with conceptual elevations submitted; 2) density to be limited to nine dwellings units and building height to be limited to 44.5 feet; 3) Solid Waste & Stormwater Management requirements to be met, prior to issuance of building permits; 4) setback reduction for hot tub along seawall to be secured through application to the Board of Adjustment and Appeal for Building and Flood, prior to issuance of building permits; and 5) all signage to comply with Code. ITEM F - DIRECTORS ITEMS Addition to expert witness list - Richard Kephart. Senior Planner ACTION -APPROVED - 6:0 Agenda - September 14. 2001 Work Shop at Municipal Services Buildina ACTION -REVIEWED ITEM G - ADJOURNMENT - 5:21 p.m. acd0801 2 08/21/01 ... e · PINELLAS PLANNING COUNCIL y ~ Mr. William Home, City Manager City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 SJ:" COUNCIL MEMBERS ,p '.) 0(; $ Mayor Tom De Cesare, Chm. vJrfIrl!Jayor Nadine S. Nickeson, Vice Chm. ~(66uncilmember Chuck Williams, Treas. Commissioner Janet Henderson, Sec. Mayor Frank DiDonato, D.C. Mayor Robert DiNicola Councilmember Bill Foster School Board Member Max R. Gessner Commissioner Calvin D. Harris Commissioner Ed Hart Mayor Robert Jackson Mayor William B. Smith Council member David Tilki September 20, 2001 David P. Healey. AICP Executive Director --;;;;:;/1 D~/ne, I have reviewed the City's proposed Ordinance No. 6835-01, a copy of which was provided to me at our meeting on Monday, September 17,2001. The subject ordinance contains three main provisions identified and reviewed for consistency with the Countywide Plan Rules as follows: 1. The proposed amendment to Article 4, Development Review and Other Procedures, Section 4-206(E) relating to notices and public hearings is strictly a local matter not governed by the consistency criteria of the Countywide Rules, and therefore there is no issue with respect to the consistency of this provision. 2. The proposed amendment to Section 4-608 relating to the Neighborhood Conservation Overlay District is a supplemental local regulatory tool that does not conflict with the consistency criteria of the Countywide Rules, and therefore there is no issue with respect to the consistency of this provision. 3. The proposed amendment to Article 4, Development Review and Other Procedures, Section 4-1402, relating to transferable development rights is subject to the consistency criteria of the Countywide Rules, and, as to the amendment itself, is con~istent with the Rules. This change to your transfer of development rights provision merely deletes the current limitation in the City Code that provided for a maximum of 20 percent of the development rights to be transferred from a sending parcel. There is not, and has never been, such a corresponding limitation in the Countywide Rules. This was a limitation the City imposed on itself and it may be removed without affecting consistency with the Countywide Rules. 600 CLEVELAND STREET, SUITE 850 . CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 www.co.pinellas.f1.us/ppc . e -- '... While the amendment under consideration is not an issue, there remains a significant potential for inconsistent interpretation as between the existing transfer of development provisions set forth in Division 14 of the City Code and Section 4.2.7.2 of the Countywide Rules. Specifically, Section 14, Transfer o.f Develo.pment Rights in the City Code do.es no.t limit either the transfer fro.m an existing developed site, o.r the permitted 20 percent increase to. the receiving site, to. a designated redevelopment area pursuant to. an approved redevelo.pment plan. Please co.nsider haw we gat to this paint: · The inconsistency no.ted above was identified in our correspondence with the City dated February 3, 2000 with respect to the Cheezem project and April 20, 2000 at the time we reviewed Ordinance No.. 6526-00. As referenced in the February 3 and April 20, 2000 co.rrespondence, we identified the inconsistency and a~~ to. work with the City to. reso.lve this issue. · As a result, and with the concurrence of the City, the Countywide Rilles were amended in September, 2000 to specifically allow far the 20 percent increase in density and to transfer density from an existing developed site - provided such transfers occurred within a designated redevelo.pment area under the auspices o.f a redevelopment plan approved by both the City and the Countywide Planning Authority. · Further, the Agreement Between City o.f Clearwater. Flo.rida and Pinellas Co.unty Co.untywide Planning Authority dealing with the Cheezem project dated February 23, 2001 asserted that the City's transfer o.f development rights were still not consistent with the Co.untywide Rules and stipulated that they wo.uld be made co.nsistent. · The City has not made the co.rresponding amendment to. track with the amended Co.untywide Rules and the change proposed in Ordinance No.. 6835-01 no.w under co.nsideratio.n does no.thing to. address this remaining inco.nsistency. May I alSo. suggest two points of clarificatio.n we discussed at our meeting an Mo.nday that appear to. be understood by o.ur respective staffs, but wo.uld be well to. include in the City Code provisions dealing with transfer of develo.pment rights to. avoid any future misinterpretatio.n. The two. suggestio.ns are as fallows: 1. Specify that the 20 percent increase in density allo.wed far a "receiving" site is based an and applied to. the maximum permitted density/intensity o.f the plan catego.ry in which the site is located. In other wards, the 20 percent canno.t be applied to. a site that is no.w nonconfo.rming as to. density/intensity so. as to. ever exceed permitted density/intensity by mare than 20 percent;, and ". e e - 2. Specify that the allocation of any transfer of density/intensity shall be in proportion to the one or more uses involved, such that no "sending" parcel would be rendered nonconforming as to density/intensity and that any transfer involving the combination of more than one use will be calculated on the basis of the area required and density/intensity permitted in proportion to each such use. In other words, the same property will not be double-counted on the basis of distinct uses and will be allocated in proportion to the respective uses involved. In summary, there is no objection to, or consistency issue with, the adoption of Ordinance No. 6835-01 in relationship to the Countywide Rules. There will remain however, an important potential inconsistency between the City's transfer of development rights provisions as contained in Section 14 of the City Code and the Countywide Rules that I would respectfully urge the City to address at the earliest possible date. I am available to work with your staff and the City Commission to address the issues and suggestions identified above. Thank you for the opportunity to comment on behalf of the Planning Council and for your consideration of our input. Sincerely, ;t::~~ Executive Director Cc: Commissioner Ed Hart, Pinellas Planning Council Representative . Ms. Cyndi Tarapani, Planning Director