TA2003-01002
TA2003-01002
Text Amendment
CIRP Signs, Adopt-a-
Park signs, POD
Signs, Schedule
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EJLE
ORDINANCE NO 7106-03
L I
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN,
OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH
TECHNOLOGY AND . OPEN SPACE AND RECREATION
DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DMSION 18 SIGNS, BY MAKING REVISIONS
AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS
ALLOWED IN RESIDENTIAL ZONING DISTRICTS,
DIRECTIONAUlNFORMATIONAL SIGNS SERVING A PUBLIC
PURPOSE; SUBDIVISION NAME/LOGO ON STREET SIGNS
WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS
LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY
OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 21, TEMPORARY USES BY
INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON
PORTABLE STORAGE UNITS; AMENDING ARTICLE 4
DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3
AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR
DETERMINING APPLICATION COMPLETENESS AND
SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT)
DEVELOPMENT REVIEWS, . MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF
DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE. DATES OF LEVEL ONE
(FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS
FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE
STANDARD) AND LEVEL. TWO. (FLEXIBLE) APPROVAL CAN
BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY
ADDING A DEFINITION FOR ADOPT-A-PARK SIGNS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards, procedures, and
zoning districts which need amendment to improve the development review process; and
Ordinance No. 7106-03
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WHE~e effective date of the new Community Development Code, the
City of ClearwaM -n:~~'r~ed numerous comprehensive infill applications and determined
one criteria to be impractical; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing and
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations 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 2. Division 7. Section 2-704.C Commercial ("C") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
5. Suitable sites for de'lelopment or redevelopment of the uses ar mix of l:1ses
'.vithin the cOlBflfefteI15ive infill redevelopment project are Hot otherwise
available in the City of Clear;later; .. , ;' ,
* ... ... *
Section 2. Article 2. Division 8. ~ection 2-803.C Tourist ("T") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* ... * ...
~ Suitable sites fer developmeat or redevelopmeRt of the liBes or mile. of 1:1S6S
'.Vithin the eompreheasiYe infill fede'lelopmeDt pr'0jeet are not otherwise
available in. the City of Clear.vater;
... ... * ..
Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
... ... * *
~ Suitable sites f-or developmeRt or redevelopment of the uses or mix of uses
within the comprehensive in.fill redevelopment project are not otherwise
a-vailable in the City of Clearwater;
* * * *
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Ordinance No. 7106-03
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Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby
amended as follows and renumbering the subsequerttsubsections as appropriate:
* * * *
~ Suitable sites f-af aevelopmeBt Of redeyel()pmeBt of the uses Of mix of uses
witlHn the compr-ehensive infill redevelopmem project are not atherwise
available in the City of Clearv..ater;
* * * *
Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby
amended as follows and renumbering the subsequent 'subsections as appropriate:
* * * *
~ Suitable sites for development or redeyelopment of the uses or mix of uses
'.vithin the comprehensive infill r-edevelopment projeet are not atherwise
available in the City of Clearwater; ,
* * * *
Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research
Technology ("IRT") is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
* * * *
~ Suitable sites for development ar redevelapmem af the uses or mix of uses
vvithin the comprefleashe infill redeyelopment project are not othenvise
available iB the City of Clean.'later;
* * * *
Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation
("OSR") is hereby amended as follows and" renumbering the subsequent subsections as
appropriate:
* * * *
~ Suitable sites for development or red6"/elopmeBt of the uses ar mix of lises
...lithiB the eompreheBsive iBfill r-edevelopment project are not atherwise
llyailable in the City of Clean\'fl.ter; ,
* * * *
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Ordinance No. 7106-03
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Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803.
Prohibited signs, is hereby amended as follows: \
* * **
L. Signs located on publicly-owned land or easements or inside street rights-of-
way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters
erected pursuant to Section 3-2203 and permitted pursuant to Section 3-
1806(B)(4), aBtl (c) sandwich board signs to the extent permitted in the
Downtown District pursuant to Section 3-1805(V) and (d) as allowed in
Section 3-1806 (A). Prohibited signs shall include but shall not be limited to
handbills, posters, advertisements, or notices that are attached in any way
upon lampposts, telephone poles, utility poles, bridges, and sidewalks.
* * * *
Section 9. Article 3. Development S~dards,.pivision 18 Signs, Section 3-1805.
signs permitted without a permit, is hereby amended as follows:
* * * *
x. Directional/Informational Signs serving a public purpose. A permanent
sign on public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(1) the sign provides directions aIld/or information regarding public
facilities and/or places of interest and (2) the sign will meet the purposes
of Division 3 to wit: (a) the sign will not conceal or obstruct adjacent land
uses or signs rsection 3-l802(F)1. (b) the sign will not conflict with
adjoining sites. (c) the sign will not interfere with or obstruct the vision of
motorists. bicyclists or pedestrians. (d) the si~ will be installed and
maintained in a safe manner rsection 3-l802(L)1. (e) the si~n is consistent
with Beach bv Design. Clearwater Downtown Redevelopment Plan or any
other applicable special area plan and submittal of a master sign plan and
(0 the sign is consistent with the general standards in Section 3-1804. The
city manager or designee shall render a decision within 15 days after an
application is made for utilizinsz such a sign on public property. The
decision is not subject to the provisions of Section 4-50HA).
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Ordinance No. 7106-03
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Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806
Permitted signs requiring development review, is hereby amended as follows:
Section 3-1806. Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single-family subdivision and multi-family development-fHiHFy signs.
a. One freestanding entry sign for eaea entranea into a platted subdivision of no
more than 21 squar-e feet €If tot:B:I. sign fllea per sign.. Unless otherwise
approved by the Community Development Coordinator one freestanding
sign up to 24 square feet of total sign face and UP to six feet in height may be
erected at no more than two entrances into a single-family subdivision or
multi-family development. In lieu of one 24 square foot sign. two single-
faced signs not exceeding 12 SQuare feet in area each may be located at an
entrance provided that such signs are placed in a svrnmetrical manner and/or
are located on opposite sides of the entrance to which they are oriented. will
meet all sight visibility triangle reQuirements under the provisions of Section
3-904. be installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adioining sites. The
Community Development Coordinator may approve signs to be placed at
additional entrances based on the following criteria: overall size of site.
relationship between building setback and sign location. frontage. access and
visibility of the site. intended and existing traffic circulation. hierarchy of
signage. consistency with Beach. bv DesiIm. Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and submittal
of a master sign plan for the subdivision or development.
b. The height of a freestaRdiag saetHvisioa sign. shall Hot t>>Eseed six feet. Such
sign(s) shall be erected on privately-owned property. In the event there is
insufficient land owned by a single-family subdivision association or multi-
family development developed prior to March 8. 1999. however. the
Community Development Coordinator. Parks and Recreation Department.
and Public Works Administration may approve the location of such sign in a
City right-of-way or on City-owned property provided that such signs are in
compliance with Section 3-1806.A.l.a above and will not obstruct the vision
of motorists. bicyclists or pedestrians. be installed and maintained in safe and
neat manner. will not conflict with the principal permitted use of the site or
adioining sites: and that a City right-of-way oermit be obtained prior to the
installation.
c. All freestanding signs shall be installed in a landscaped area of not less than
12 SQuare feet.
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Ordinance No. 7106-03
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d. A freestanding sign for any multi-family development shall include the
address of the property on which the sign is to be located.
2. Freestanaing 1I'm/tifemily entry sign.
a. ORe freestaftding identity sign perentranee iBto a multifamily de~/elopmeflt
of no more thaB 12 sql:l8fe feet of total sign faee per sign
b. The height of a freestanding sign shall not exoeed she feet.
e. .^.. freestanaing identity sign shall inolude the addr-ess of the property on
y;mch the sign is to be laeated.
2. Subdivision name/logo on street sif!ns. Street signs incorporating single-family
subdivision names/logos may be located in City rights-of-way within the
subdivision orovided bv such signs do not exceed 3.5 square feet in area and are
selected from the approved City street signs catalogue maintained by the Manager
of Traffic Ooerations. The City and the neighborhood shall enter into an
agreement that prescribes the installation and maintenance reauirements of such
~
3. School and park identification monument signs.
a. One monument entry sign. for each major entry into a school or a park of
no more than 20 square feet in total ~ign face per sign.
b. The height of a monument sign shall not exceed five feet.
c. All monument signs shall be installed in a landscaped area of not less than
12 square feet and shall include the address of the property on which the
sign is to be located.
4. Adopt-A-Park signs. One adoot-a-park sign may be erected in City rights-of-way
or on City-owned property orovided.the si~ri. design conforms with one of the
City orescribed designs maintained bv the Parks and Recreation Deoartment.
Such signs shall not exceed four square feet in area. 18 inches in height. be
located in a landscaoed setting and are selected from the approved City street
signs catalogue maintained by the Manager of Traffic Ooerations The
Community Development Coordinator may aoprove additional adoot-a-park
signs based on the following criteria: overall size of site. number of entrances.
frontage. access and visibility of the site. intended and existing traffic
circulation.
* * * *
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Ordinarice No. 7106-03
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Section 11. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses IS
hereby amended as follows:
* * * *
f. T'NO sign faces, no more than 12 inches each, shall be permitted on a portable
storage unit; A maximum of two signs no more than 12 square feet in area
each may be located on parallel sides a portable storage unit:
* * * *
Section 12. Article 4. Division 2. Section 4-202.C.l Application for Development
Approval Determination of Completeness/Sufficiency Determination of completeness is
hereby amended as follows:
1. Determination of completeness. Within five seven working days after receipt
of an application for development approval, the community development
coordinator shall determine whether the application is complete.
* * * *
Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development
Approval Determination of Completeness/Sufficiency Determination of legal sufficiency
is hereby amended as follows:
* * * *
2. Determination of legal. sl1/ficiency: Level one (minimum standard
development). Within five working days after a determination that a level one
(minimum development standards) application is complete, the community
development coordinator shall determine whether the application is legally
sufficient, that is whether the required application materials have been
prepared in a substantively competent manner. If the community development
coordinator determines that any portion of the application is insufficient, the
community development coordinator shall notify the applicant of the reasons
that the application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted until the
application is resubmitted. Such notification shall constitute an administrati ve
decision which may be appealed to the community development board
pursuant to Section 4-50 1 (A)(2).
* * * *
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Ordinance No. 7106-03
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Section 14. Article 4. Division 2. Section 4-202.C.3 Applicationfor Development
Approval Determination of Legal Sufficiency ill hereby amended as follows:
* * *'*
3. Determination of legal sufficiency: Level one (flexible standard development),
level two or level three approvals. Within tea li working days after a
determination that the application is complete, the members of the
development review committee in the case of level one (flexible standard
development), level two or level three approvals shall determine whether the
application is legally sufficient, that is whether the required application
materials have been prepared in a substantively competent manner. If any
member of the development review committee determines that any portion of
the application is insufficient, the community development coordinator shall
notify the applicant of the reasons that the application is legally insufficient,
that the application is deemed withdrawn and no further development review
shall be conducted until the application is resubmitted. Such notification shall
constitute an administrative decision which may be appealed to the
community development board pursuant to Section 4-50 1 (A)(2).
* * * *
Section 15. Article 4. Division 3. Permitted Uses: Level One chart on page
CD4:16 is hereby amended as follows:
"
By revising the length of time on the left and right sides of the page between the
first and second boxes (Application ' for Development Approval and
Determination of completeness, respectively) from "Max. 5 days" to "Max. 7
davs"
By deleting the length of time on the right side of the chart (MWL 1 9 days)
between the third and fourth boxes (Notice to adjacent property owners (Flexible
Standard Development) and Determination of Sufficiency by Development
Review Committee (Level One (Flexible Standard), respectively).
By adding a length of time on the right side of the page between the second and
fourth boxes (Determination of completeness and Determination of Sufficiency
by Development Review Committee, respectively) from "Max. 10 days" to "Max.
18 days."
By revising the length of time on the left side of the page between the fourth and
fifth boxes (Determination of Sufficiency by Community Development
Coordinator (Level One Standard Development) and Community Development
Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days"
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Ordinance No. 7106-03
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Section 16. . Article 4. Division 3. Section 4-302.A Application/approval by
community development coordinator is hereby amended as follows:
Section 4-302. Application/approval by community development coordinator
A. Level One approval (minimum standard development standards). An
applicant for a level one approval (standard minimum development
standards) shall submit an application in accordance with the requirements
of section 4-202 (A) and (F) to the community development coordinator
who shall review the application in accordance with the requirements l}j'
section 4-202 (C) and (D) and determine whether the application
demonstrates compliance with the requirements of this Development Code.
Within ten 15 working days of a determination of sufficiency, the
community development coordinator shall approve the application, deny the
application or approve with conditions necessary to make the proposed
development conforming with the applicable general and specific
requirements set out in Articles 2 and 3 including the provisions of section
3-913 in regard to general standards for approval conditions. A
dc':elopment order shall be issued by the Community Development
Coordinator as e':ideace of such approval.
* * * *
Section 17. Article 4. Division 3. Section 4-302.B Application/approval by
community development coordinator is hereby amended as follows:
* * * *
B. Level one approval (flexible standard development). An applicant for level
one approval (flexible standard development) shall submit an application in
accordance with the requirements of section 4-202 (A) and (F) to the
community development coordinator who shall review the application with
the development review committee in accordance with the requirements or
section 4-202 (C) and (D) and determine whether the application demonstrates
compliance with this Development Code. Within 20 working days of a
determination of sufficiency, the community development coordinator shall
approve the application, or approve with conditions necessary to make the
proposed development conforming with the applicable general and specific
requirements set out in Articles 2 and 3, including the provisions of section 3-
913 in regard to general standards for approval conditions, or deny the
application for failure to meet the applicable requirements and standards.
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Ordinance No. 7106-03
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Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is
hereby amended as follows:
Section 4-303. Effect of Level One (flexible standard development) approval.
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced bv a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (l) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
. be obtained within one (1) year of the date of issuance of the initial building
permit. Permitted time frames do not change with successive owners and an
extension of time may be granted by the Community Development Coordinator
for a period not to exceed one (1) year and only within the original period of
validity. The Community Development Coordinator may approve an additional
extension of time not to exceed one year for good cause shown and documented
in writing. The coordinator must receive the request for this extension within the
one-year period of validity after the original time extension. Good causes may
include. but are not limited to. an unexpected national crisis (acts of war.
significant downturn in the national economy. etc.). excessive weather-related
delavs. and the like. The Community Development Coordinator may also
consider whether significant progress on the proiect is being: made and whether or
not there are pending or approved Code amendments which would siLmificantly
affect the proiect. In the event a project is governed by a development agreement.
the timeframes established in the agreement shall supercede these reauirements.
Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page
CD4:l8 is hereby amended as follows:
By revising the second box from the top as follows: "Determination of
completeness and s\:lffieiee.ey by Staff."
By revising the third box from the top as follows: "Determination of sufficiency
Qy Development Review Committee (Review)."
By revising the length of time between the first and second boxes (Application for
Development Approval and Determination of completeness, respectively) from
"11ax. 15 days" to "Max. 7 days."
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Ordinance No. 7106-03
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By adding a length of time between the second and third boxes (Determination of
completeness by Staff and Determination of sufficiency by Development Review
Committee (Review), respectively) to read Max. 18 days.
By deleting the length of time (Mwr. 30 days) between the second and fifth boxes
(Determination of completeness by Staff and Community Development Board
(decision), respectively).
By adding a length of time, Max. 33 days, between the third and fifth boxes
(Determination of Sufficiency by Development Review Committee (Review) and
Community Development Board (Decision), respectively).
Section 20. Article 4. Division 4. Section 4-404 Community Development Board
decision is hereby amended as follows:
Section 4-404. Community development board decision.
Upon receipt of the recommendation of the community development coordinator,
the community development board shall review the application, the
recommendation of the community development coordinator, conduct a quasi-
judicial public hearing on the application. in accordance with the requirements of
section 4-206 and grant the approval, grant the approval subject to specified
conditions or deny the application for development approval. The review and
public hearing shall be held within ~ 33 working days after determination of
eompleteB0ss and sufficiency, unless the time frame is extended by mutual
consent of the applicant and the city. The community development board shall
render a decision not later than 70 days after the initial hearing unless the time
frame is extended by mutual consent of the applicant and the city. The community
development board shall attach such conditions to the approval which are
necessary to ensure compliance with the applicable general and specific flexibility
requirements set out in Articles 2 and 3 including the provisions of section 3-911
in regard to general standards for approval conditions.
Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby
amended as follows:
Section 4-405. Effect of a Level Two decision.
Approval of a level two approval shall be deemed to authorize only the particular
use for which it is issued and shall entitle the recipient to apply for a building
permit or any other approval that may be required by this development code, the
city or regional, state or federal agencies. . Such approval shall be evidenced by a
written development order issued by the community development coordinator that
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Ordinance No. 7106-03
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confirms the community development board's decision and shall be effective
upon the date of the board meeting when the decision was rendered. .
., .
Section .22. ' Article 4': Divisidh. 4'! Section :4-40(>.A . Ch$lges to' Level Two
Development Approvals 'i~,hei'<tb~,~eh,dtd~as 'fOllb'Wsf>: ,;:' '.' ',~,' ,
. . ".' .":, t';,:" t,~::\~;J~,~~;~~JBif~-~:}.t~~ ~}:J :". ; ~ ;. .
A. Minor revisions. The 'co~Ihi1[My;a6Ve~~ttid6ordimlt~r is authorized to .
aliow 'minor reYlsiohs<~tQ' an. ~PEroved L~v~l. T~.d'~j5'pfo"ved atlei- j'eceipt 'of
comments fromthedeveldp:M~t1l~f~~~'li}~nlttee. A minor revision is one
which: . "." .....,7 .' '. .
1. Does not alter the location of any road or walkway private street and/or
driveway by more than five 20 feet.
2. Does not change the use unless such change is of a similar or less
intensity. as determined by the Community Development Coordinator.
3. Does not increase the density or intensity of the development
4. Does not result in a reduction of setback or previously required
landscaping landscape area..
5. Does not result in a substantial change to the location of a structure
previously approved.
6. Does not result ina material substantial modiiication or the cancellation Bf
modification of any condition placed upon the 'H-Se application as originally
approved.
7. Does not add property to the parcel proposed for development.
8. Does not increase the height of the buildings in a manner that wi II change
the overall height of the proiect. will not aIter the scale of the project does
not exceed the maximum height permitted in by the applicable special area
plan and zoning district.
9. Any other minor revision that does not substantially alter the character and
design of the proiect.
* * * *
Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby
amended as follows:
Section 4-407. Expiration of a Level Two approval.
Unless otherwise specified in the approval, an application for a building permit
shall be made within one year of the date of the Level Two, approval. and all
required certificates of occupancy shall be obtained within ooe two year!i of the
date of issuance of the initial building permit. Permitted time frames do not
change with successive owners-,- and afl An extension of time to initiate a building
permit may be granted by the community development booffi coordinator
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Ordinance No. 7106-03
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. provided it is for a period not to exceed one year. is for the project originally
approved and provided good cause is. shown and documented in writing and only
within the original period of validity, The Community Develooment Coordinator
may also consider whether significant progress on the project is being made. imd
whether or not there are pending or aporoved Code amendments which would
significantly affect the project. The Community Develooment Board may
approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application.. Such extension
shall not exceed one year. shall be for the project originally approved and shall be
for good cause shown and documented in writing. The Community Development
Board must receive the request for this extension within the one-year period of
validity after the original extension approved by the community develooment
coordinator. Good causes may include but are not limited to an unexpected
national crisis (acts of war. significant downturn in the national economy. etc.).
excessiye weather-related delays. and the like. In the event a project is governed
by a develooment agreement. the timeframes established in the agreement shall
supercede these requirements. The Community Deyelopment Board may also
consider whether significant progress on the project is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the project. Amendments which Will require no or minor amendments (as
provided by Section 4-406.A) may be aporoved. Amendments which will reauire
a major revision to the subject project shall be reauired to be approved as part of a
new Level Two apolication. Transfer of development rights are exempt from this
prOVISIon.
Section 24. Article 8. Definitions and Rrlles of Construction, Section 8-102
Definitions is amended as follows:
* * * *
Sim. adopt a Dark means a sign that recognizes a sponsoring agency which has been
given the opportunity to install and maintain landscaping in city rights-of-way or on
a city-owned orooerty. ..
* * * *
Section 25. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
Section 26. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
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Ordinance No. 7106-03
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Section 27. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 28. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 29. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
S~p~~mh~r 4, 1001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
eslie K. Dougall-S d
Assistant City Attorney
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Ordinance No. 7106-03
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ORDINANCE NO 7106-03
ElL.E
14 ZtfX)"} -Ol(}& G
Alternate lammaJ!e for PODS siJ!ns
Section 11. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses IS
hereby amended as follows:
* * * *
f. T'vYO sign faces, no more than 12 inches each, shall be permitted on a portable
storage unit; A maximum of two signs no more than 12 square feet in area
each may be located on parallel sides of a portable storage unit;
* * * *
e
e
ORDINANCE NO 7106-03
ORIGINAL
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSNE INFILL REDEVELOPMENT
PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN,
OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH
TECHNOLOGY AND OPEN SPACE AND RECREATION
DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DNISION 18 SIGNS, BY MAKING REVISIONS
AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS
ALLOWED IN RESIDENTIAL ZONING DISTRICTS,
DIRECTIONALIINFORMATIONAL SIGNS SERVING A PUBLIC
PURPOSE; SUBDIVISION NAME/LOGO ON STREET SIGNS
WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS
LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY
OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DNISION 21, TEMPORARY USES BY
INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON
PORTABLE STORAGE UNITS; AMENDING ARTICLE 4
DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3
AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR
DETERMINING APPLICATION COMPLETENESS AND
SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT)
DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF
DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE
(FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS
FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE) APPROVAL CAN
BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY
ADDING A DEFINITION FOR ADOPT -A-PARK SIGNS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards, procedures, and
zoning districts which need amendment to improve the development review process; and
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WHEREAS, since the effective date of the new Community Development Code, the
City of Clearwater has reviewed numerous comprehensive infill applications and determined
one criteria to be impractical; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing and
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations 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 2. Division 7. Section 2-704.C Commercial ("C") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
5 Suitable sites for development or rede';elopment of the uses or mix of uses
'.vithin the comprehensive infill redevelopment project are not otherwise
a';ailable in the City of Clearwater;
* * * *
Section 2. Article 2. Division 8. Section 2-803.C Tourist ("T") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
within the comprchcnsi';e infill redevelopment project are not othen:'1ise
available in the City of Clearwater;
* * * *
Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or rede';elopment of the uses or mix of uses
i-vithin the comprehensive infill redevelopment project are not othenvise
available in the City of Cleanvater;
* * * *
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Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
v/ithin the comprehensive infill redevelopment project are not otherwise
a','ailable in the City of Cleanvater;
* * * *
Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for de'lelopment or redevelopment of the uses or mix of uses
'..vithin the comprehensh'e infill rede.,'elopment project are not otherwise
available in the City of Clearwater;
* * * *
Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research
Technology ("IRT") is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
* * * *
~ Suitable sites for development or rede','elopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater;
* * * *
Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation
("OSR") is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Cleanvater;
* * * *
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Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803.
Prohibited signs, is hereby amended as follows:
* * * *
L. Signs located on publicly-owned land or easements or inside street rights-of-
way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters
erected pursuant to Section 3-2203 and permitted pursuant to Section 3-
1806(B)(4), and (c) sandwich board signs to the extent permitted in the
Downtown District pursuant to Section 3-1805(V) and (d) as allowed in
Section 3-1806 (A). Prohibited signs shall include but shall not be limited to
handbills, posters, advertisements, or notices that are attached in any way
upon lampposts, telephone poles, utility poles, bridges, and sidewalks.
* * * *
Section 9. Article 3. Development Standards, Division 18 Signs, Section 3-1805.
signs permitted without a permit, is hereby amended as follows:
* * * *
X. Directional/Informational Signs serving a public purpose. A permanent
sign on public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(1) the sign provides directions and/or information regarding public
facilities and/or places of interest and (2) the sign will meet the purposes
of Division 3 to wit: (a) the sign will not conceal or obstruct adiacent land
uses or signs rsection 3-1802(F)1, (b) the sign will not conflict with
adioining sites, (c) the sign will not interfere with or obstruct the vision of
motorists, bicyclists or pedestrians, (d) the sign will be installed and
maintained in a safe manner rsection 3-1802(L)1, (e) the sign is consistent
with Beach bv Design, Clearwater Downtown Redevelopment Plan or any
other applicable special area plan and submittal of a master sign plan and
(f) the sign is consistent with the general standards in Section 3-1804. The
city manager or designee shall render a decision within 15 days after an
application is made for utilizing such a sign on public property. Such a
decision shall be deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to the community
development board pursuant to Section 4-501(A).
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Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806
Permitted signs requiring development review, is hereby amended as follows:
Section 3-1806. Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single-family subdivision and multi-family development-entry signs.
a. One freestanding entry sign f-or each entrance into a platted subdivision of no
more than 21 square feet of total sign face per sign. Unless otherwise
approved by the Communit\'. DevelolJment Coordinator one freestanding
sign up to 24 square feet of total sign face and up to six feet in height may be
erected at no more than two entrances into a single-family subdivision or
multi-family develolJment. In lieu of one 24 square foot sign, two single-
faced signs not exceeding 12 square feet in area each may be located at an
entrance provided that such signs are placed in a symmetrical manner and/or
are located on opposite sides of the entrance to which they are oriented, will
meet all sight visibility triangle requirements under the provisions of Section
3-904, be installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adioining sites. The
Community Development Coordinator may approve signs to be placed at
additional entrances based on the following criteria: overall size of site,
relationship between building setback and sign location, frontage, access and
visibility of the site, intended and existing traffic circulation, hierarchy of
signage, consistency with Beach bv DesiJm, Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and submittal
of a master sign plan for the subdivision or development.
b. The height of a freestanding subdivision sign shall not exceed six feet. Such
sign(s) shall be erected on privately-owned property. In the event there is
insufficient land owned by a single-familv subdivision association or multi-
family development developed prior to March 8, 1999, however, the
Community Development Coordinator, Parks and Recreation Department,
and Public Works Administration may approve the location of such sign in a
City right-of-way or on City-owned property provided that such signs are in
compliance with Section 3-1806.A.1.a above and will not obstruct the vision
of motorists, bicyclists or pedestrians, be installed and maintained in safe and
neat manner, will not conflict with the principal permitted use of the site or
adioining sites; and that a City right-of-way permit be obtained prior to the
installation.
c. All freestanding signs shall be installed in a landscaped area of not less than
12 square feet.
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d. A freestanding sign for any multi-family development shall include the
address of the property on which the sign is to be located.
2. Preestanding mblltif-amily entry sign.
a. One freestanding identity sign per entrance into a multifamily development
of no more than 12 square feet of total sign face per sign
b. The height of a freestanding sign shall not e-xceed six feet.
c. }.. freestanding identity sign shall include the address of the property on
which the sign is to be located.
2. Subdivision name/logo on street shms. Street signs incorporating single-family
subdivision names/logos may be located in City rights-of-way within the
subdivision provided by such signs do not exceed 3.5 square feet in area and are
selected from the approved City street signs catalogue maintained by the Manager
of Traffic Operations. The City and the neighborhood shall enter into an
agreement that prescribes the installation and maintenance requirements of such
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3. School and park identification monument signs.
a. One monument entry sign for each major entry into a school or a park of
no more than 20 square feet in total sign face per sign.
b. The height of a monument sign shall not exceed five feet.
c. All monument signs shall be installed in a landscaped area of not less than
12 square feet and shall include the address of the property on which the
sign is to be located.
4. Adoot-A-Park signs. One adopt-a-park sign may be erected in City rights-of-way
or on City-owned property provided the sign design conforms with one of the
City prescribed designs maintained by the Parks and Recreation Department.
Such signs shall not exceed four square feet in area, 18 inches in height. be
located in a landscaped setting and are selected from the approved City street
signs catalogue maintained by the Manager of Traffic Operations The
Community Development Coordinator may approve additional adopt-a-park
signs based on the following criteria: overall size of site, number of entrances,
frontage, access and visibility of the site, intended and existing traffic
circulation.
* * * *
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Section 11. Article 3. Division 21. Section 3-2103.8.3.f Temporary Uses IS
hereby amended as follows:
* * * *
f. TV/o sign faces, no more than 12 inches each, shall be pennitted on a portable
storage unit; A maximum of two signs no more than 12 square feet in area
each may be located on a portable storage unit;
* * * *
Section 12. Article 4. Division 2. Section 4-202.C.1 Application for Development
Approval Determination of Completeness/Sufficiency Determination of completeness is
hereby amended as follows:
1. Determination of completeness. Within fl.ve seven working days after receipt
of an application for development approval, the community development
coordinator shall determine whether the application is complete.
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Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development
Approval Determination of Completeness/Sufficiency Determination of legal sufficiency
is hereby amended as follows:
* * * *
2. Determination of legal sufficiency: Level one (minimum standard
development). Within five working days after a determination that a level one
(minimum development standards) application is complete, the community
development coordinator shall determine whether the application is legally
sufficient, that is whether the required application materials have been
prepared in a substantively competent manner. If the community development
coordinator determines that any portion of the application is insufficient, the
community development coordinator shall notify the applicant of the reasons
that the application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted until the
application is resubmitted. Such notification shall constitute an administrative
decision which may be appealed to the community development board
pursuant to Section 4-501 (A)(2).
* * * *
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Section 14. Article 4. Division 2. Section 4-202.C.3 Application for Development
Approval Determination of Legal Sufficiency is hereby amended as follows:
* * * *
3. Determination of legal sufficiency: Level one (flexible standard development),
level two or level three approvals. Within tell ~ working days after a
determination that the application is complete, the members of the
development review committee in the case of level one (flexible standard
development), level two or level three approvals shall determine whether the
application is legally sufficient, that is whether the required application
materials have been prepared in a substantively competent manner. If any
member of the development review committee determines that any portion of
the application is insufficient, the community development coordinator shall
notify the applicant of the reasons that the application is legally insufficient,
that the application is deemed withdrawn and no further development review
shall be conducted until the application is resubmitted. Such notification shall
constitute an administrative decision which may be appealed to the
community development board pursuant to Section 4-501 (A)(2).
* * * *
Section 15. Article 4. Division 3. Permitted Uses: Level One chart on page
CD4: 16 is hereby amended as follows:
By revising the length of time on the left and right sides of the page between the
first and second boxes (Application for Development Approval and
Determination of completeness, respectively) from "Max. 5 days" to "Max. 7
days"
By deleting the length of time on the right side of the chart (Max. 10 days)
between the third and fourth boxes (Notice to adjacent property owners (Flexible
Standard Development) and Determination of Sufficiency by Development
Review Committee (Level One (Flexible Standard), respectively).
By adding a length of time on the right side of the page between the second and
fourth boxes (Determination of completeness and Determination of Sufficiency
by Development Review Committee, respectively) from "Max. 10 days" to "Max.
18 days."
By revising the length of time on the left side of the page between the fourth and
fifth boxes (Determination of Sufficiency by Community Development
Coordinator (Level One Standard Development) and Community Development
Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days"
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Section 16. Article 4. Division 3. Section 4-302.A Application/approval by
community development coordinator is hereby amended as follows:
Section 4-302. Application/approval by community development coordinator
I L~el One approval (minimum standard development standards).
l/ A~An applicant for a level one approval (standard minimum development
standards) shall submit an application in accordance with the requirements
of section 4-202 (A) and (F) to the community development coordinator
who shall review the application in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application
demonstrates compliance with the requirements of this Development Code.
Within teE: 15 working days of a determination of sufficiency, the
community development coordinator shall approve the application, deny the
application or approve with conditions necessary to make the proposed
development conforming with the applicable general and specific
requirements set out in Articles 2 and 3 including the provisions of section
3-913 in regard to general standards for approval conditions. A
de':elopment order shall be issued by the Community Development
Coordinator as evidence of such approval.
* * * *
Section 17. Article 4. Division 3. Section 4-302.B Application/approval by
community development coordinator is hereby amended as follows:
* * * *
B. Level one approval (flexible standard development). An applicant for level
one approval (flexible standard development) shall submit an application in
accordance with the requirements of section 4-202 (A) and (F) to the
community development coordinator who shall review the application with
the development review committee in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application demonstrates
compliance with this Development Code. Within 20 working days of a
determination of sufficiency, the community development coordinator shall
approve the application, or approve with conditions necessary to make the
proposed development conforming with the applicable general and specific
requirements set out in Articles 2 and 3, including the provisions of section 3-
913 in regard to general standards for approval conditions, or deny the
application for failure to meet the applicable requirements and standards.
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Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is
hereby amended as follows:
Section 4-303. Effect of Level One (flexible standard development) approval.
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within one (1) year of the date of issuance of the initial building
permit. Permitted time frames do not change with successive owners and an
extension of time may be granted by the Community Development Coordinator
for a period not to exceed one (1) year and only within the original period of
validity. The Community Development Coordinator may approve an additional
extension of time not to exceed one year for good cause shown and documented
in writing. The coordinator must receive the request for this extension within the
one-year period of validity after the original time extension. Good causes may
include, but are not limited to, an unexpected national crisis (acts of war,
significant downturn in the national economy, etc.), excessive weather-related
delays, and the like. The Community Development Coordinator may also
consider whether significant progress on the project is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the project. In the event a project is governed by a development agreement,
the timeframes established in the agreement shall supercede these requirements.
Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page
CD4:18 is hereby amended as follows:
By revising the second box from the top as follows: "Determination of
completeness and sufficiency by Staff."
By revising the third box from the top as follows: "Determination of sufficiency
lIT Development Review Committee (Reviev/)."
By revising the length of time between the first and second boxes (Application for
Development Approval and Determination of completeness, respectively) from
"Max. 15 days" to "Max. 7 days."
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By adding a length of time between the second and third boxes (Determination of
completeness by Staff and Determination of sufficiency by Development Review
Committee (Review), respectively) to read Max. 18 days.
By deleting the length of time (Max. 30 days) between the second and fifth boxes
(Determination of completeness by Staff and Community Development Board
(decision), respectively).
By adding a length of time, Max. 33 days, between the third and fifth boxes
(Determination of Sufficiency by Development Review Committee (Review) and
Community Development Board (Decision), respectively).
Section 20. Article 4. Division 4. Section 4-404 Community Development Board
decision is hereby amended as follows:
Section 4-404. Community development board decision.
Upon receipt of the recommendation of the community development coordinator,
the community development board shall review the application, the
recommendation of the community development coordinator, conduct a quasi-
judicial public hearing on the application in accordance with the requirements of
section 4-206 and grant the approval, grant the approval subject to specified
conditions or deny the application for development approval. The review and
public hearing shall be held within W 33 working days after determination of
completeness and sufficiency, unless the time frame is extended by mutual
consent of the applicant and the city. The community development board shall
render a decision not later than 70 days after the initial hearing unless the time
frame is extended by mutual consent of the applicant and the city. The community
development board shall attach such conditions to the approval which are
necessary to ensure compliance with the applicable general and specific flexibility
requirements set out in Articles 2 and 3 including the provisions of section 3-911
in regard to general standards for approval conditions.
Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby
amended as follows:
Section 4-405. Effect of a Level Two decision.
Approval of a level two approval shall be deemed to authorize only the particular
use for which it is issued and shall entitle the recipient to apply for a building
permit or any other approval that may be required by this development code, the
city or regional, state or federal agencies. Such approval shall be evidenced by a
written development order issued by the community development coordinator that
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confirms the community development board's decision and shall be effective
upon the date of the board meeting when the decision was rendered.
Section 22. Article 4. Division 4. Section 4-406.A Changes to Level Two
Development Approvals is hereby amended as follows:
A. Minor revisions. The community development coordinator is authorized to
allow minor revisions to an approved Level Two approved after receipt of
comments from the development review committee. A minor revision is one
which:
1. Does not alter the location of any road or walkway street by more than five
20 feet.
2. Does not change the use unless such change is of a similar or less
intensity, as determined by the Community Development Coordinator.
3. Does not increase the density or intensity of the development
4. Does not result in a reduction of setback or previously required
landscaping landscape area.
5. Does not result in a substantial change to the location of a structure
previously approved.
6. Does not result in a material substantial modification or the cancellation ef
modification of any condition placed upon the HSe application as originally
approved.
7. Does not add property to the parcel proposed for development.
8. Does not increase the height of the buildings in a manner that will change
the overall height ofthe proiect, will not alter the scale of the proiect, does
not exceed the maximum height permitted in by the applicable special area
plan and zoning district.
9. Any other minor revision that does not substantially alter the character and
design of the proiect.
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Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby
amended as follows:
Section 4-407. Expiration of a Level Two approval.
Unless otherwise specified in the approval, an application for a building permit
shall be made within one year of the date of the Level Two approval, and all
required certificates of occupancy shall be obtained within eRe two year~ of the
date of issuance of the initial building permit. Permitted time frames do not
change with successive owners-,- and an An extension of time to initiate a building
permit may be granted by the community development 00affi coordinator
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provided it is for a period not to exceed one year, is for the project originally
approved and provided good cause is shown and documented in writing and only
within the original period of validity. The Community Development Coordinator
may also consider whether significant progress on the project is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the project. The Community Development Board may
approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application. Such extension
shall not exceed one year, shall be for the project originally approved and shall be
for good cause shown and documented in writing. The Community Development
Board must receive the request for this extension within the one-year period of
validity after the original extension approved by the community development
coordinator. Good causes may include but are not limited to an unexpected
national crisis (acts of war, significant downturn in the national economy, etc.),
excessive weather-related delays, and the like. In the event a project is governed
by a development agreement, the timeframes established in the agreement shall
supercede these requirements. The Community Development Board may also
consider whether significant progress on the project is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the project. Amendments which will require no or minor amendments (as
provided by Section 4-406.A) may be approved. Amendments which will require
a major revision to the subject project shall be required to be approved as part of a
new Level Two application. Transfer of development rights are exempt from this
provISIOn.
Section 24. Article 8. Definitions and Rules of Construction, Section 8-102
Definitions is amended as follows:
* * * *
Sign. adopt a park means a sign that recognizes a sponsoring agency which has been
given the opportunity to install and maintain landscaping in city rights-of-way or on
a city-owned property.
* * * *
Section 25. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
Section 26. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
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Section 27. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 28. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 29. The provisions of this Ordinance shall be effective on August 8,
2003.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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ORDI~106-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN,
OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH
TECHNOLOGY AND OPEN SPACE AND RECREATION
DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 18 SIGNS, BY MAKING REVISIONS
AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS
ALLOWED IN RESIDENTIAL ZONING DISTRICTS,
DIRECTIONAL/INFORMATIONAL SIGNS SERVING A PUBLIC
PURPOSE; SUBDIVISION NAME/LOGO ON STREET SIGNS
WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS
LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY
OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 21, TEMPORARY USES BY
INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON
PORTABLE STORAGE UNITS; AMENDING ARTICLE 4
DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3
AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR
DETERMINING APPLICATION COMPLETENESS AND
SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT)
DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF
DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE
(FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS
FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE) APPROVAL CAN
BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY
ADDING A DEFINITION FOR ADOPT -A-PARK SIGNS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards, procedures, and
zoning districts which need amendment to improve the development review process; and
.
.
WHEREAS, since the effective date of the new Community Development Code, the
City of Clearwater has reviewed numerous comprehensive infill applications and determined
one criteria to be impractical; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing and
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations 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 2. Division 7. Section 2-704.C Commercial ("C") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
5 Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensiye infill rede'/elopment project are not otherwise
available in the City of Clearwater;
* * * *
Section 2. Article 2. Division 8. Section 2-803.C Tourist ("T") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
****
~ Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensiye infill redeyelopment project are not otherwise
available in the City of Clearwater;
* * * *
Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites f-or development or redevelopment of the uses or mix of uses
'..vithin the comprehensive infill rede'/elopment project are not otherwise
available in the City of Clearwater;
* * * *
2
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Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitablc sites for de'/elopment or rede'lelopmeflt of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater;
****
Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitablc sites f-or development or redevelopment of the uses or mix of uses
within the comprehensive infill redeyclopment projcct are not othef\vise
a'.'ailable in the City of Cleaf\'.'ater;
* * * *
Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research
Technology ("IRT") is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
* * * *
~ Suitable sites for developmcnt or redevelopment of the uses or mix of uses
'Nithin the comprehensive infill rede'/elopment project are not othef\'/ise
a'/ailable in the City of Cleaf\vater;
* * * *
Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation
("OSR") is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
'Nithin the comprehensive infill rcdevelopment projcct arc not othef\vise
available in the City of Cleanvater;
* * * *
3
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Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803.
Prohibited signs, is hereby amended as follows:
* * * *
L. Signs located on publicly-owned land or easements or inside street rights-of-
way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters
erected pursuant to Section 3-2203 and permitted pursuant to Section 3-
1806(B)(4), and (c) sandwich board signs to the extent permitted in the
Downtown District pursuant to Section 3-1805(V) and (d) as allowed in
Section 3-1806 (A). Prohibited signs shall include but shall not be limited to
handbills, posters, advertisements, or notices that are attached in any way
upon lampposts, telephone poles, utility poles, bridges, and sidewalks.
****
Section 9. Article 3. Development Standards, Division 18 Signs, Section 3-1805.
signs permitted without a permit, is hereby amended as follows:
* * * *
x. Directional/Informational Signs serving a public purpose. A permanent
sign on public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(1) the sign provides directions and/or information regarding public
facilities and/or places of interest and (2) the sign will meet the purposes
of Division 3 to wit: (a) the sign will not conceal or obstruct adiacent land
uses or signs rsection 3-1802(F)]. (b) the sign will not conflict with
adioining sites. (c) the sign will not interfere with or obstruct the vision of
motorists. bicyclists or pedestrians. (d) the sign will be installed and
maintained in a safe manner rsection 3-1802(L)]. (e) the sign is consistent
with Beach hv Design. Clearwater Downtown Redevelopment Plan or any
other applicable special area plan and submittal of a master sign plan and
(n the sign is consistent with the general standards in Section 3-1804. The
city manager or designee shall render a decision within 15 days after an
application is made for utilizing such a sign on public property. The
decision is not subiect to the provisions of Section 4-501(A).
4
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Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806
Permitted signs requiring development review, is hereby amended as follows:
Section 3-1806. Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single-familv subdivision and multi-familv development-entry signs.
a. One freestanding entry sign for each entrance into a platted subdivision of no
more than 24 square feet of total sign face per sign. Unless otherwise
approved by the Community Development Coordinator one freestanding
sign up to 24 square feet of total sign face and UP to six feet in height may be
erected at no more than two entrances into a single-family subdivision or
multi-family development. In lieu of one 24 square foot sign. two single-
faced signs not exceeding 12 square feet in area each may be located at an
entrance provided that such signs are placed in a symmetrical manner and/or
are located on opposite sides of the entrance to which they are oriented. will
meet all sight visibility triangle requirements under the provisions of Section
3-904. be installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adioining sites. The
Community Development Coordinator may approve signs to be placed at
additional entrances based on the following criteria: overall size of site.
relationship between building setback and sign location. frontage. access and
visibility of the site. intended and existing traffic circulation. hierarchy of
signage. consistency with Beach bv Desifln. Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and submittal
of a master sign plan for the subdivision or development.
b. The height of a freestanding subdivision sign shall not exceed six f{let. Such
sign(s) shall be erected on privately-owned property. In the event there is
insufficient land owned by a single-family subdivision association or multi-
family development developed prior to March 8. 1999. however. the
Community Development Coordinator. Parks and Recreation Department.
and Public Works Administration may approve the location of such sign in a
City right-of-way or on City-owned property provided that such signs are in
compliance with Section 3-1806.A.l.a above and will not obstruct the vision
of motorists. bicyclists or pedestrians. be installed and maintained in safe and
neat manner. will not conflict with the principal permitted use of the site or
adioining sites; and that a City right-of-way permit be obtained prior to the
installation.
c. All freestanding signs shall be installed in a landscaped area of not less than
12 square feet.
5
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d. A freestanding sign for any multi-family development shall include the
address ofthe property on which the sign is to be located.
2. Preestanding multifamily entry sign.
a. One freestanding identity sign per entrance into a multifamily deyelopment
of no more than 12 square feet oftotal sign face per sign
b. The height of a freestanding sign shall not exceed six feet.
c. A freestanding identity sign shall include the address of the property on
\vhich the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-family
subdivision names/logos may be located in City rights-of-way within the
subdivision provided by such signs do not exceed 3.5 square feet in area and are
selected from the approved City street signs catalogue maintained by the Manager
of Traffic Operations. The City and the neighborhood shall enter into an
agreement that prescribes the installation and maintenance requirements of such
~
3. School and park identification monument signs.
a. One monument entry sign for each major entry into a school or a park of
no more than 20 square feet in total sign face per sign.
b. The height of a monument sign shall not exceed five feet.
c. All monument signs shall be installed in a landscaped area of not less than
12 square feet and shall include the address of the property on which the
sign is to be located.
4. Adovt-A-Park signs. One adopt-a-park sign may be erected in City rights-of-way
or on City-owned property provided the sign design conforms with one of the
City prescribed designs maintained by the Parks and Recreation Department.
Such signs shall not exceed four square feet in area. 18 inches in height. be
located in a landscaped setting and are selected from the approved City street
signs catalogue maintained by the Manager of Traffic Operations The
Community Development Coordinator may approve additional adopt-a-park
signs based on the following criteria: overall size of site. number of entrances.
frontage. access and visibility of the site. intended and existing traffic
circulation.
* * * *
6
.
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Section 11. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses IS
hereby amended as follows:
****
f. Tv:o sign faces, no more than 12 inchcs each, shall bc permitted on a portable
storage unit; A maximum of two signs no more than 12 square feet in area
each may be located on a portable storage unit;
****
Section 12. Article 4. Division 2. Section 4-202.C.l Application for Development
Approval Determination of Completeness/Sufficiency Determination of completeness is
hereby amended as follows:
1. Determination of eompleteness. Within five seven working days after receipt
of an application for development approval, the community development
coordinator shall determine whether the application is complete.
* * * *
Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development
Approval Determination of Completeness/Sufficiency Determination of legal sufficiency
is hereby amended as follows:
* * * *
2. Determination of legal sufficiency: Level one (minimum standard
development). Within five working days after a determination that a level one
(minimum development standards) application is complete, the community
development coordinator shall determine whether the application is legally
sufficient, that is whether the required application materials have been
prepared in a substantively competent manner. If the community development
coordinator determines that any portion of the application is insufficient, the
community development coordinator shall notify the applicant of the reasons
that the application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted until the
application is resubmitted. Such notification shall constitute an administrative
decision which may be appealed to the community development board
pursuant to Section 4-501(A)(2).
* * * *
7
.
.
Section 14. Article 4. Division 2. Section 4-202.C.3 Application for Development
Approval Determination of Legal Sufficiency is hereby amended as follows:
* * * *
3. Determination of legal sufjicieney: Level one (flexible standard development),
level two or level three approvals. Within tell ~ working days after a
determination that the application is complete, the members of the
development review committee in the case of level one (flexible standard
development), level two or level three approvals shall determine whether the
application is legally sufficient, that is whether the required application
materials have been prepared in a substantively competent manner. If any
member of the development review committee determines that any portion of
the application is insufficient, the community development coordinator shall
notify the applicant of the reasons that the application is legally insufficient,
that the application is deemed withdrawn and no further development review
shall be conducted until the application is resubmitted. Such notification shall
constitute an administrative decision which may be appealed to the
community development board pursuant to Section 4-501(A)(2).
****
Section 15. Article 4. Division 3. Permitted Uses: Level One chart on page
CD4: 16 is hereby amended as follows:
By revising the length of time on the left and right sides of the page between the
first and second boxes (Application for Development Approval and
Determination of completeness, respectively) from "Max. 5 days" to "Max. 7
days"
By deleting the length of time on the right side of the chart (Max. 10 days)
between the third and fourth boxes (Notice to adjacent property owners (Flexible
Standard Development) and Determination of Sufficiency by Development
Review Committee (Level One (Flexible Standard), respectively).
By adding a length of time on the right side of the page between the second and
fourth boxes (Determination of completeness and Determination of Sufficiency
by Development Review Committee, respectively) from "Max. 10 days" to "Max.
18 days."
By revising the length of time on the left side of the page between the fourth and
fifth boxes (Determination of Sufficiency by Community Development
Coordinator (Level One Standard Development) and Community Development
Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days"
8
.
.
Section 16. Article 4. Division 3. Section 4-302.A Application/approval by
community development coordinator is hereby amended as follows:
Section 4-302. Application/approval by community development coordinator
Level One approval (minimum standard development standards).
A. An applicant for a level one approval (standard minimum development
standards) shall submit an application in accordance with the requirements
of section 4-202 (A) and (F) to the community development coordinator
who shall review the application in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application
demonstrates compliance with the requirements of this Development Code.
Within ten 15 working days of a determination of sufficiency, the
community development coordinator shall approve the application. deny the
application or approve with conditions necessary to make the proposed
development conforming with the applicable general and specific
requirements set out in Articles 2 and 3 including the provisions of section
3-913 in regard to general standards for approval conditions. A
devclopment order shall be issued by the Community De'lelopment
Coordinator as cvidence of such approval.
* * * *
Section 17. Article 4. Division 3. Section 4-302.B Application/approval by
community development coordinator is hereby amended as follows:
* * * *
B. Level one approval (flexible standard development). An applicant for level
one approval (flexible standard development) shall submit an application in
accordance with the requirements of section 4-202 (A) and (F) to the
community development coordinator who shall review the application with
the development review committee in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application demonstrates
compliance with this Development Code. Within 20 working days of a
determination of sufficiency, the community development coordinator shall
approve the application, or approve with conditions necessary to make the
proposed development conforming with the applicable general and specific
requirements set out in Articles 2 and 3, including the provisions of section 3-
913 in regard to general standards for approval conditions, or deny the
application for failure to meet the applicable requirements and standards.
9
.
.
Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is
hereby amended as follows:
Section 4-303. Effect of Level One (flexible standard development) approval.
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within one (1) year of the date of issuance of the initial building
permit. Permitted time frames do not change with successive owners and an
extension of time may be granted by the Community Development Coordinator
for a period not to exceed one (1) year and only within the original period of
validity. The Community Development Coordinator may approve an additional
extension of time not to exceed one year for good cause shown and documented
in writing. The coordinator must receive the request for this extension within the
one-year period of validity after the original time extension. Good causes may
include. but are not limited to. an unexpected national crisis (acts of war.
significant downturn in the national economy. etc.). excessive weather-related
delays. and the like. The Community Development Coordinator may also
consider whether significant progress on the proiect is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the proiect. In the event a proiect is governed by a development agreement.
the timeframes established in the agreement shall supercede these requirements.
Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page
CD4: 18 is hereby amended as follows:
By revising the second box from the top as follows: "Determination of
completeness and sufficiency by Staff."
By revising the third box from the top as follows: "Determination of sufficiency
Qy Development Review Committee (Review)."
By revising the length of time between the first and second boxes (Application for
Development Approval and Determination of completeness, respectively) from
"Max. 15 days" to "Max. 7 days."
10
.
.
By adding a length of time between the second and third boxes (Determination of
completeness by Staff and Determination of sufficiency by Development Review
Committee (Review), respectively) to read Max. 18 days.
By deleting the length of time (Max. 30 days) between the second and fifth boxes
(Determination of completeness by Staff and Community Development Board
(decision), respectively).
By adding a length of time, Max. 33 days, between the third and fifth boxes
(Determination of Sufficiency by Development Review Committee (Review) and
Community Development Board (Decision), respectively).
Section 20. Article 4. Division 4. Section 4-404 Community Development Board
decision is hereby amended as follows:
Section 4-404. Community development board decision.
Upon receipt of the recommendation of the community development coordinator,
the community development board shall review the application, the
recommendation of the community development coordinator, conduct a quasi-
judicial public hearing on the application in accordance with the requirements of
section 4-206 and grant the approval, grant the approval subject to specified
conditions or deny the application for development approval. The review and
public hearing shall be held within W 33 working days after determination of
completeness and sufficiency, unless the time frame is extended by mutual
consent of the applicant and the city. The community development board shall
render a decision not later than 70 days after the initial hearing unless the time
frame is extended by mutual consent of the applicant and the city. The community
development board shall attach such conditions to the approval which are
necessary to ensure compliance with the applicable general and specific flexibility
requirements set out in Articles 2 and 3 including the provisions of section 3-911
in regard to general standards for approval conditions.
Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby
amended as follows:
Section 4-405. Effect of a Level Two decision.
Approval of a level two approval shall be deemed to authorize only the particular
use for which it is issued and shall entitle the recipient to apply for a building
permit or any other approval that may be required by this development code, the
city or regional, state or federal agencies. Such approval shall be evidenced by a
written development order issued by the community development coordinator that
11
.
.
confirms the community development board's decision and shall be effective
upon the date of the board meeting when the decision was rendered.
Section 22. Article 4. Division 4. Section 4-406.A Changes to Level Two
Development Approvals is hereby amended as follows:
A. Minor revisions. The community development coordinator is authorized to
allow minor revisions to an approved Level Two approved after receipt of
comments from the development review committee. A minor revision is one
which:
1. Does not alter the location of any road or walkv/ay street by more than fWe
20 feet.
2. Does not change the use unless such change is of a similar or less
intensity. as determined by the Community Development Coordinator.
3. Does not increase the density or intensity of the development
4. Does not result in a reduction of setback or previously required
landscaping landscape area.
5. Does not result in a substantial change to the location of a structure
previously approved.
6. Does not result in a material substantial modification or the cancellation 6f
modification of any condition placed upon the liSe application as originally
approved.
7. Does not add property to the parcel proposed for development.
8. Does not increase the height of the buildings in a manner that will change
the overall height of the proiect. will not alter the scale of the proiect. does
not exceed the maximum height permitted in by the applicable special area
plan and zoning district.
9. Any other minor revision that does not substantially alter the character and
design of the proiect.
* * * *
Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby
amended as follows:
Section 4-407. Expiration ofa Level Two approval.
Unless otherwise specified in the approval, an application for a building permit
shall be made within one year of the date of the Level Two approval, and all
required certificates of occupancy shall be obtained within eRe two year~ of the
date of issuance of the initial building permit. Permitted time frames do not
change with successive owners.:. and an An extension of time to initiate a building
permit may be granted by the community development 00affi coordinator
12
.
.
provided it is for a period not to exceed one year. is for the proiect originally
approved and provided good cause is shown and documented in writing and only
within the original period of validity. The Community Development Coordinator
may also consider whether significant progress on the proiect is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the proiect. The Community Development Board may
approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application. Such extension
shall not exceed one year. shall be for the proiect originally approved and shall be
for good cause shown and documented in writing. The Community Development
Board must receive the request for this extension within the one-year period of
validity after the original extension approved by the community development
coordinator. Good causes may include but are not limited to an unexpected
national crisis (acts of war. significant downturn in the national economy. etc.).
excessive weather-related delays. and the like. In the event a proiect is governed
by a development agreement. the timeframes established in the agreement shall
supercede these requirements. The Community Development Board may also
consider whether significant progress on the proiect is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the proiect. Amendments which will require no or minor amendments (as
provided by Section 4-406.A) may be approved. Amendments which will require
a maior revision to the subiect proiect shall be required to be approved as part of a
new Level Two application. Transfer of development rights are exempt from this
prOVISIon.
Section 24. Article 8. Definitions and Rules of Construction, Section 8-102
Definitions is amended as follows:
****
Sign, adopt a park means a sign that recognizes a sponsoring agency which has been
given the opportunity to install and maintain landscaping in city rights-of-way or on
a city-owned property.
* * * *
Section 25. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
Section 26. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
13
.
.
Section 27. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 28. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 29. The provisions of this Ordinance shall be effective on August 8,
2003.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian 1. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
14
.
.
CORRECTED MEETING DATES
NOTICE OF TEXT AMENDMENT
The city proposes to adopt the text amendment describ~tytail below:
ORDI~6-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL, TOURIST,
DOWNTOWN, OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH TECHNOLOGY AND OPEN SPACE AND
RECREATION DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18 SIGNS, BY MAKING
REVISIONS AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS ALLOWED IN RESIDENTIAL ZONING
DISTRICTS, DIRECTIONAL/INFORMATIONAL SIGNS SERVING A PUBLIC PURPOSE; SUBDIVISION NAME/LOGO ON
STREET SIGNS WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS LOCATED IN CITY RIGHTS-OF-WAY OR ON
OTHER CITY OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY
USES BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON PORTABLE STORAGE UNITS; AMENDING ARTICLE
4 DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3 AND 4, BY MAKING REVISIONS TO THE TIMEFRAME
FOR DETERMINING APPLICATION COMPLETENESS AND SUFFICIENCY FOR LEVEL ONE (STANDARD AND
FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT) DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICA TIONS WITH REGARDS TO THE TYPE OF DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVAL CAN BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY ADDING A DEFINITION FOR ADOPT-A-
PARK SIGNS; AND PROVIDING AN EFFECTIVE DATE.
Schedule of Public Hearings:
(cont from 6/17/03 and 7/15/03) Tuesday, August 19,2003 before the Community Development Board, at 2:00 p.rn.
Thursday, September 4,2003 before the City Commission (1st Reading), at 6:00 p.rn.
Thursday, September 18, 2003 before the City Commission (2nd Reading), at 6:00 p.rn.
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. TA 2003-01002
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 oflaw.
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.
City of Clearwater
P.O. Box 4748
Clearwater, FI 33758-4748
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT.
ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO P ARTICIP A TE
IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR
REQUEST AT (727) 562-4093.
Cynthia E. Goudeau, CMC
City Clerk
Ad: 08/03/03 & 08/31/03
.
.
NOTICE OF TEXT AMENDMENT
The city proposes to adopt the text amcodment described inmetfelOW:
ORDINANCE NU ) jOo-
OBSOLETE
"
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL, TOURIST,
DOWNTOWN, OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH TECHNOLOGY AND OPEN SPACE AND
RECREATION DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18 SIGNS, BY MAKING
REVISIONS AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS ALLOWED IN RESIDENTIAL ZONING
DISTRICTS, DIRECTIONALIINFORMATIONAL SIGNS SERVING A PUBLIC PURPOSE; SUBDIVISION NAMEILOGO ON
STREET SIGNS WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS LOCATED IN CITY RIGHTS-OF-WAY OR ON
OTHER CITY OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY
USES BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON PORTABLE STORAGE UNITS; AMENDING ARTICLE
4 DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3 AND 4, BY MAKING REVISIONS TO THE TIMEFRAME
FOR DETERMINING APPLICATION COMPLETENESS AND SUFFICIENCY FOR LEVEL ONE (STANDARD AND
FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT) DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVAL CAN BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY ADDING A DEFINITION FOR ADOPT-A-
PARK SIGNS; AND PROVIDING AN EFFECTIVE DATE.
Schedule of Public Hearings:
(cont from 6/17/03 and 7/15/03) Tuesday, August 19,2003 before the Community Development Board, at 2:00 p.m.
Thursday, September 4,2003 before the City Commission (1st Reading), at 6:00 a.m.
Thursday, September 18,2003 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. TA 2003-01002
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 oflaw.
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.
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33758-4748
Cynthia E. Goudeau, CMC
City Clerk
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT.
ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE
IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR
REQUEST AT (727) 562-4093.
Ad: 08/03/03 & 08/31/03
.
\
.
~IOO z..
NOTICE OF TEXT AMENDMENT
The city proposes to adopt the text amendment described in greater detail below:
31""''''' ~, i""" ~'O
:~:~;~i: ,<' ::-: } ''i'~::...:~.~
. .......ii ilt.."" .... ".,. '; ,
, ,.....".- ......~.~ ~~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL, TOURIST,
DOWNTOWN, OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH TECHNOLOGY AND OPEN SPACE AND
RECREATION DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18 SIGNS, BY MAKING
REVISIONS AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS ALLOWED IN RESIDENTIAL ZONING
DISTRICfS, ADOPT-A-PARK SIGNS LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY OWNED PROPERTIES AND
DECORATIVE FEATURES ON STREET SIGNS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21,
TEMPORARY USES BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON PORTABLE STORAGE UNITS;
AMENDING ARTICLE 4 DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3 AND 4, BY MAKING REVISIONS
TO THE TIMEFRAME FOR DETERMINING APPLICATION COMPLETENESS AND SUFFICIENCY FOR LEVEL ONE
(STANDARD AND FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT) DEVELOPMENT REVIEWS,
MAKING CERTAIN CLARIFICATIONS WITH REGARDS TO THE TYPE OF DEVELOPMENT REVIEW TO WHICH THESE
SECTIONS REFER, CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO
(FLEXIBLE) APPROVALS, REVISING MINOR AMENDMENT PROVISIONS FOR LEVEL TWO DEVELOPMENT
APPROVALS, AND CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO
(FLEXIBLE) APPROVAL CAN BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY ADDING A DEFINITION FOR
ADOPT-A-PARK SIGNS; AND PROVIDING AN EFFECTIVE DATE.
TA 2003-01002
ORDINANCE NO 7106-03
Schedule of Public Hearings:
Tuesday, June 17, 2003 before the Community Development Board, at 2:00 p.rn.
Thursday, July 17, 2003 before the City Commission (1 st Reading), at 6:00 p.rn.
Thursday, August 7,2003 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
A venue, 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 THIS MEETING
SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
City of Clearwater
P.O. Box 4748
Clearwater, FI 33758-4748
Cynthia E. Goudeau, CMC
City Clerk
Ad: 06/01/03 & 07/20/03
c!rwater City Commission
Agenda Cover Memorandum
~.eSSio"'_m #:
Final Agenda Item #
Meeting Date:
09-04-03
SUBJECl/RECOMMENDA liON:
APPROVE an amendment to the City Commission land development policy relating to freestanding signs,
landscaping, walls and monuments serving subdivisions.
~ and that the appropriate officials be authorized to execute same
SUMMARY:
The Planning Department and Neighborhood Services propose an amendment to the City Commission land
development policies that would permit freestanding signs and landscaping within public rights-of-way
identifying previously developed single-family subdivisions and multi-family developments. The existing City
Commission policy prohibits entranceway signage and landscaping within the public rights-of-way and many
older developments do not have private land to accommodate a neighborhood/complex identification sign. The
provisions of proposed Ordinance No. 7106-03 permit such signs and the Commission policy should be revised
to reflect the ordinance provisions.
The policy amendment also removes the provision restricting adopt-a-park signs to wood signs 18-inches in
height with three-inch letters. Proposed Ordinance No. 7106-03 will govern these signs. The Parks and
Recreation Department is currently exploring a variety of sign types and designs and will create a catalogue of
several, pre-approved designs.
All other aspects of the existing policy will remain including, but not limited to liability provisions, insurance
requirements and maintenance standards.
Reviewed by:
Legal Info Srvc N/A
Budget N/A Public Works N/A
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
Originating Dept.:
PLANNING DEPARTMENT
Mark T. Par
User Dept.:
Planning
Costs
Total N/A
Current N/A
FY
Funding Source:
CI
Attachments:
City Commission Policy
Amendment
STAFF REPORT
OP
Other
Appropriation Code:
o None
"
.
.
fJU
(A- 2~}-o/G)o1l'
- -
To:
From:
Date:
Re:
Mayor and Commissioners; and the Community Development Board
K. L. Curry
August 18, 2003
April 3, 2003 Agreement between the City of Clearwater and Pods, and
Amendment 7106-03 to the Community Development Code regarding signage size on
portable storage units
I am not sure of the legal status of the above-cited Agreement with Pods, nor how it came about.
It is a bad agreement, as detailed below. It is bad on several levels, and if there is any possibility
to rescind it, that should be done. The amendment proposed in the agreement goes too far and
should not be passed. For the purposes of this memo, I will divide the Agreement into Process,
Content, and Benefit/liabilities.
First some comments about the litigant, Pods, in order to put the wording of the Agreement in
perspective. I sat through more than one Commission meeting where the President/CEO and the
Legal Risk Manager of the company repeatedly stated this company would be a "good corporate
citizen" and would abide by all city regulations. Then, after participating in the development of
the current ordinance, they proceeded to deliberately violate the ordinance and ultimately filed
their lawsuit to overturn it. They have exhibited disdain for City ordinances. They have violated
their own public word and their previous agreement with the City. In this day of W orldCom,
Enron, phosphate operator Mulberry Corp., corporate greed, and executive lies, I suppose one
should not be surprised. Based on Pods executives' prior behavior, there is no reason to believe
they would abide willingly to a precisely worded agreement, and every reason to believe they
will take advantage of the loopholes noted below.
1. Process
In item 1 under Pods duties, they are allowed two 12 square foot signs. Thus they could
have a 12 square foot PODS sign and underneath it, on the same side, PORTABLE ON
DEMAND or some other advertisement. On a cuI de sac, they could have 12 square feet on
the front and 12 square feet on the side. Or, based on past actions, they could just initiate a
24 square foot sign, and ignore this agreement.
In items 2 and 3 under Pods duties, the phrase "will use its best efforts" to comply with
time decals and length of stay requirements in the ordinance implies Pods will try to
comply. WHAT best efforts? They have exhibited NO best efforts to comply with anything
to date in these areas. NONE of the several pods units I have observed in the last year have
had an updated time decal. In an era when one must cross the t's and dot the i's in order to
encourage compliance, this phrase sets no standards. It is unmeasurable and unenforceable.
Excuse the humor here, but I would love to be able to tell the traffic officer, "Y ou'll just
have to let me go, because I made my best efforts to stay under the speed limit." We all
.
.
Page 2 of 4
know that excuse would not work, but Pods' history tells us that's essentially what they will
tell the City when they are out of compliance.
II. Content
As mentioned in (1) above, each sign is allowed an increase from 12 inches by 18 inches
(1.5 square feet) to 12 square feet. That is an 800% increase. Allowing two signs together
would bring it to 24 square feet; a 1,600% increase over the current ordinance Pods helped
develop AND PUBLICALL Y AGREED TO. These are huge increases and go way beyond
compromise. It will be easy for Pods to initiate 24 square foot signs with some creative
thinking, or planned ignoring, and they will. No amendment to the Agreement should be
passed that allows for 12 square foot signs.
I would also point out that in this day of the Internet and email, many residents have
businesses in their homes. These businesses cause no added traffic, inconvenience or blight
to the neighborhoods, yet they cannot advertise their businesses in the way this proposed
agreement allows a commercial entity such as Pods to do.
In item 4 under the City Duties section, the City would enforce length of stay violations
only against the homeowner, never against Pods! So here we have a situation where if the
corporation (a documented scofflaw) that delivered the storage unit doesn't pick it up on
time, the homeowner gets fined! Why should the city agree to this? The executives at Pods
have repeatedly violated the time ordinance in the past. We have often heard the excuse
"Well, we're a day or two late, but it's going to be picked up tomorrow." Meanwhile, no
violation is recorded even though one has occurred. What is a homeowner supposed to do
when Pods is late picking up the unit (as they will be), hook up the family car and drag it
off their property?
If Pods claims that the homeowner may not clear their material out in time, one solution
would be a simple statement in the contract in which the homeowner agrees to allow Pods
to pick the unit up at the end of the length of stay limit and put it in storage, or the
homeowner would pay the fme. Absolving Pods of all responsibility solves nothing.
III. Benefits/Liabilities
The benefits to Pods are obvious.
a. They get to increase their sign size 800% over existing regulations (1,600% if they
really want to.)
b. They are not held to any enforceable standard on putting complete delivery date decals
on their units.
c. They are not held to any enforceable standard on length of stay regulations for their
units.
.
.
Page 3 of4
.
d. They have no penalty for violating length of stay of their units, even though they are a
documented violator.
There are no liabilities for Pods in this proposed agreement.
Liabilities for the City and its residents are obvious.
a. Very large white and red billboards are allowed to be placed in neighborhood
driveways.
b. The City has no control over the length of stay of these signs, other than a proven
scofflaw's "best efforts" to remove them on time. Thus, when violations occur and City
staff attempts to remedy the situation, wasted staff time and frustration would occur.
c. When Pods violates the length of stay requirement, the homeowner can be fined and a
lien placed on hislher property.
d. The City sends a signal to business and residents, "If you don't like our ordinances, just
sue us and we will capitulate."
e. Competitors to Pods will also be allowed to have large signs in neighborhoods.
The following are benefits to the City of this proposed agreement.
a. The City ends this court suit.
b. The City gets $400.00 credit from Pods in 2003 to rent one of its units.
All of this in spite of the fact that on December 20,2002 in the State of Florida (City of
Clearwater) versus Pods Court case, Judge Andrews found overwhelmingly in favor of the
City, with only one exception.
I am in favor of compromise where necessary, and of attracting businesses that are a good
corporate citizen to the City. Pods has shown it doesn't fit that rubric. It provides a rather minor
convenience to the citizens of the city. I have heard that Pods' CEO has threatened to cease
operations in the city if it has to abide by the City's length of stay and sign ordinances. If this is
true, my response would be "I'm sorry about that; don't let the door. . . . . . . . . . . ..".
A few weeks ago I wrote the Mayor and Commissioners, voicing my feelings on a variety of
subjects. Among them were my views on settling lawsuits in a way that resulted in "sweetheart
deals." (I had in mind the deal the County signed with Clear Channel on the signs. The County
caved in and signed a sweetheart deal for Clear Channel.)
I am truly nonplussed. What am I missing? Is there something operating here that is not apparent
from reading the Judge's prior rulings and this Agreement? The right of Cities to regulate signs,
traffic, and commercial operations within their borders has been upheld in the courts. It would
seem Judge Andrew's prior ruling put the City in a strong position. Again, why would one sign
.
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Page 4 of 4
off on such an obviously one-sided agreement? This would definitely fit the "sweetheart deal"
category .
I urge the Commission to do whatever is necessary to prevent this Agreement and the proposed
code amendment from being implemented.
.
.
Parry, Mark
From:
Sent:
To:
Subject:
Claytu
Frida" : ~E00310:12 AM
Parry,
FW: Orrlin::lnr.p. 710p-03 Amendments to the Community Development Code
FYI and for the Text amendment file.
-----Original Message-----
From: Tarapani, Cyndi
Sent: Thursday, August 07, 2003 3:24 PM
To: Fierce, Lisa; Clayton, Gina; Gerlock, Frank
Subject: FW: Ordinance 7106-03 Amendments to the Community Development
Code
fyi and copy to file. Surprised to note that she did not come out strong against the PODS
sign amendment-maybe that letter will come later... thaks.
Cyndi Tarapani
Planning Director
(727) 562-4547
ctarapan@clearwater-fl.com
-----Original Message-----
From: Brink, Carolyn
Sent: Thursday, August 07, 2003 3:22 PM
To: Tarapani, Cyndi
Subject: FW: Ordinance 7106-03 Amendments to the Community Development
Code
FYI
-----Origina1 Message-----
From: Saundra Curry [mailto:scurry@tampabay.rr.com]
Sent: Thursday, August 07, 2003 2:12 PM
To: Bill Horne
Cc: City Commission Clearwater; CNC ListServ
Subject: Ordinance 7106-03 Amendments to the Community Development Code
Dear Mr. Horne, Mayor and Commissioners:
The referenced ordinance has some very advantageous components for
neighborhoods, specifically those sections allowing, under certain
criteria, subdivision identity signs in City rights-of-way; those
allowing the subdivision name/logo on street signs; those allowing
Adopt-A-Park signs in City rights-of-way; and those allowing, under
certain criteria, permanent directional/informational signs serving a
public purpose.
Thank you for your attention to these issues. These changes will be
very beneficial by allowing the many Clearwater subdivision
Associations which do not own land to erect neighborhood identity signs
which encourage a sense of pride and satisfaction in our homes and
community.
Sincerely,
Saundra Curry, President
Clearwater Neighborhoods Coalition
I
.
.
Parry, Mark
From:
Sent:
To:
Subject:
Clayton, Gina
Tuesday, June 10, 2003 8:24 AM
Fierce, Lisa; Parry, Mark; Tarapani, Cyndi
FW: ORDINANCE NO 6928-02
m!r=<
Oef>7rOb-o"J
These are the comments I received from Sandy re: ordinance.
-----Origi nal Message-----
From: Herman, Sandra
Sent: Wednesday, June 04, 2003 4:04 PM
To: Clayton, Gina
Cc: Kronschnabl, Jeff; Smith, Janis; Furlong, Mike; Fox, Mary Jo
Subject: FW: ORDINANCE NO 6928-02
Gina,
Jan, Mike Furlong, Mary Jo and I met today on the changes to the sign code for NS applications. Please see our
suggested changes in red. Also, we had these comments:
. Does anything here contradict NCOD?
. May 2 single face signs replace one double faced sign at an entrance to a subdivision (like Coachman Ridge).
· Walls in rights-of-way are prohibited as per CC Policy Statements. Sharon Walton, Risk Manager, specifically advised
to adhere to this restriction - she doesn't have a problem with breakaway signs being installed within City rights-of-way
subject to approval and permitting by Public Works, however, she does not want walls to be constructed within City
rights-of-way. As per definition of "freestanding sign", it includes walls. Do the changes in red here take care of those
concerns? Should it also be listed in the "prohibited" section?
· How do we address adjacent property owners, say, on corner lots, if they don't want a neighborhood sign in the r-o-w
near their property (that they mow and maintain)?
We would like to thank you for your time on this portion of your amendment package.
Sandy, Jan and Staff
~-
~~i_:"'L':' - !.
.~
Ord. 7106-03 -
CIRP Minor Chan...
[Herman, Sandra]
1
.
.
ORDINANCE NO 7106-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN,
OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH
TECHNOLOGY AND OPEN SPACE AND RECREATION
DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DMSION 18 SIGNS, BY MAKING REVISIONS
AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS
ALLOWED IN RESIDENTIAL ZONING DISTRICTS, ADOPT-A-
PARK SIGNS LOCATED IN CITY RIGHTS-OF-WAY OR ON
OTHER CITY OWNED PROPERTIES AND DECORATIVE
FEATURES ON STREET SIGNS; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DMSION 21, TEMPORARY USES
BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON
PORTABLE STORAGE UNITS; AMENDING ARTICLE 4
DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3
AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR
DETERMINING APPLICATION COMPLETENESS AND
SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE
STANDARD) AND LEVEL lWO (FLEXIBLE DEVELOPMENT)
DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF
DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE
(FLEXIBLE STANDARD) AND LEVEL lWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS
FOR LEVEL TWO DEVELOPMENT APPROVALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE
STANDARD) AND LEVEL lWO (FLEXIBLE) APPROVAL CAN
BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY
ADDING A DEFINITION FOR ADOPT-A-PARK SIGNS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the
City and which utilize Minimum Development Standards, Flexible Standard Development, and
Flexible Development levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards, procedures, and
.
.
zoning districts which need amendment to more fully implement the redevelopment intent of
the Code; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing and
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations 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 2. Division 7. Section 2-704. C Commercial ("C") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
~ Suitable sites for development or redevelopment of the uses or mix
of uses v,'ithin the comprehensi',e infill redevelopment project are
Bot otherwise available in the City of Clear.vater;
* * * *
Section 2. Article 2. Division 8. Section 2-803.C Tourist ("T") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
.s. Suitable sites for dc'/elopmem: or rede't'clopment of the uses or mix
of uses 'tlfithin the oomprehensiye iBfill redevelopment project are
Bot otherwise available in the City of Cleanllater;
* * * *
Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
.s. Suitable sites for deyelopment or redevelopment of the uses or mix
of uses VJithiB the compreheBsive infill redevelopment project are
Bot otherwise available in the City of Clear:later;
* * * *
Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
.s. Suitable sites for deyelopment or redevelopment of the uses or mix
of uses withiB the compreheBsive infill redevelopment project are
Bot otherwise available in the City of Clear. vater;
- - ------
.
.
* * * *
Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
~ Suitable sites for deyelopment or redevelopment of the uses or mix
of uses v:ithiB the compreheBsive iBfill redevelopmeBt project are
Bot othenvise availaBle in the City of Clearwater;
* * * *
Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research
Technology ("IRT") is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
~ Suitable sites for de'/elopment or rede':elopment of the uses or mix
of uses withiB the comprehensive iBfill redevelopment project are
Bot otherwise available in the City of Clear. vater;
* * * *
Section 7. Article 2. Division 14. Section 2-1404.A Open SpacelRecreation
("OSR") is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
~ Suitable sites for development or rede'/elopment of the uses or mix
of uses ,t\'ithiB the 60mpreheBsive iBfill redevelopment project are
not otherwise available in the City of Clearv.'ater;
* * * *
Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803.
Prohibited signs, is hereby amended as follows:
L. Signs located on publicly-owned land or easements or inside street
rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs
on transit shelters erected pursuant to Section 3-2203 and permitted
pursuant to Section 3-1806(B)(4), ami (c) sandwich board signs to the
extent permitted in the Downtown District pursuant to Section 3-
1805(V) and (d) as allowed in Section 3-1806 (A). Prohibited signs
shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon
lampposts, telephone poles, utility poles, bridges, and sidewalks.
* * * *
.
.
Section 9. Article 3. Development Standards, Division 18 Signs, Section 3-1806
Permitted signs requiring development review, is hereby amended as follows: I ~.t,..,__\ -;- "')
"'t(l>~".,,\ ).c
Section 3-1806. Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential
zoning districts:
1. Freestanding single-family subdivision and multi-familv development
eniFy signs.
Two
a. en&- freestanding eRtfy sign for each entrance into a platted
subdivision or multi-family development of no more than '24' I Z-
square feet of total sign face per sign.
1. Erected on private property. or.
11. Erected in City rights-of-way/City-owned property. subject to
a City right-of-way permit. and subject to conditional
approval by the Public Works Administration and the Parks
and Recreation Department. including an agreement
stipulating costs. liability. landscaping and/or maintenance
requirements. which shall be the responsibility of the
neighborhood organization. The sign shall be constructed.
installed and maintained in a safe manner to not obstruct the
vision of. or otherwise interfere in any way with. motorists.
bicyclists or pedestrians. The City is authorized to remove
any said signs or portions thereof if deemed necessary for the
best interests of the City for reasons such as safety. without
refunding the neighborhood organization for any prior costs.
No entranceway walls to a subdivision shall be allowed
within city rights-of-way in accordance with City
Commission Policies.
b. The height of a freestanding subdivision sign shall not exceed six
feet.
c. A freestanding sign for multi-family developments shall include
the address of the property on which the sign is to be located.
2. Freestanding I'HHltifamily entry sign.
a. ORe ff{lestaading identity sign per entr8f1Ce into a mukifamily
development of no more than 12 squar~ feet of total sign face per
51gB
.
.
b. The height of a freestanding sign shall flOt ex-eeed six feet.
o. A freestanding idefltity sign. shall inolude the address of the
property on whioh the sign is to be located.
2.
z. & Adopt-A-Park signs in City rights-of-way or on City-owned
properties. may be permitted provided:
a. The maximum sign area is four square feet. with three-inch
maximum letters.
b. The maximum height of the sign is 18 inches.
c. Landscaping shall be installed at the base of the sign to be
maintained by the neighborhood.
)e.
/
d. The applicant shall obtain approval from City Parks and
Recreation Department for the sign and landscaping. and ) r M""'~
IlttW M v>
The applicant shall obtain a City right-of-way permit fromftthe ~ {( itt ~ J.;
Public Works Administration. to incltK1e setbaeki and p).
..constnlction tiesi~Pli for trnffic safety.
* * * *
Section 10. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses is
hereby amended as follows:
f. Tv{o sign faoes, no more than 12 iaches each, shall be perm.itted on
a portable storage Hait; No more than two signs of 12 square feet in
area each may be located on a portable storage unit
* * * *
.
.
Section 11. Article 4. Division 2. Section 4-202.C.l Application for Development
Approval Determination of Completeness/Sufficiency Determination of completeness is
hereby amended as follows:
1. Determination of eompleteness. Within tWe seven working days
after receipt of an application for development approval, the
community development coordinator shall determine whether the
application is complete.
* * * *
Section 12. Article 4. Division 2. Section 4-202.C.2 Application for Development
Approval Determination of Completeness/Sufficiency Determination of legal sufficiency
is hereby amended as follows:
2. Determination of legal sufficiency: Level one (stafulard minImUm
development standards). Within five working days after a
determination that a level one (minimum development standards)
application is complete, the community development coordinator shall
determine whether the application is legally sufficient, that is whether
the required application materials have been prepared in a
substantively competent manner. If the community development
coordinator determines that any portion of the application is
insufficient, the community development coordinator shall notify the
applicant of the reasons that the application is legally insufficient, that
the application is deemed withdrawn and no further development
review shall be conducted until the application is resubmitted. Such
notification shall constitute an administrative decision which may be
appealed to the community development board pursuant to Section 4-
501 (A)(2).
* * * *
Section 13. Article 4. Division 2. Section 4-202.C.3 Application for Development
Approval Determination of Legal Sufficiency is hereby amended as follows:
3. Determination of legal sufficiency: Level one (flexible standard
development), level two or level three approvals. Within ten II
working days after a determination that the application is complete,
the members of the development review committee in the case of
level one (flexible standard development), level two or level three
approvals shall determine whether the application is legally
sufficient, that is whether the required application materials have
been prepared in a substantively competent manner. If any member
of the development review committee determines that any portion
.
.
of the application is insufficient, the community development
coordinator shall notify the applicant of the reasons that the
application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted
until the application is resubmitted. Such notification shall
constitute an administrative decision which may be appealed to the
community development board pursuant to Section 4-501(A)(2).
* * * *
.
.
Section 14. Article 4. Division 3. Permitted Uses: Level One diagram on page
CD4: 16 is hereby amended by revising the length of time on both sides of and between
the first and second boxes (Application for development approval and Determination of
completeness, respectively) from "Max. 5 days" to "Max. 7 days" and by revising the
length of time between the second and fourth boxes (Determination of completeness and
Determination of Sufficiency by Development Review Committee, respectively) from
"Max. 10 days" to "Max. 18 days".
* * * *
Section 15. Article 4. Division 3. Section 4-302.A Application/approval by
community development coordinator Level One approval (minimum development
standards) and the accompanying Permitted Uses: Level One chart are hereby amended
as follows:
A. Application/approval by community development coordinator
Level One approval (standard minimum development standards).
An applicant for a level one approval (standard minimum
development standards) shall submit an application in accordance
with the requirements of section 4-202 (A) and (F) to the
community development coordinator who shall review the
application in accordance with the requirements of section 4-202
(C) and (D) and determine whether the application demonstrates
compliance with the requirements of this Development Code.
Within ten 15 working days of a determination of sufficiency, the
community development coordinator shall approve the application
or approve with conditions necessary to make the proposed
development conforming with the applicable general and specific
requirements set out in Articles 2 and 3 including the provisions of
section 3-913 in regard to general standards for approval
conditions. A developmem order shall be issued by the
Community Development Coordinator as evidence of such
approval.
* * * *
.
.
Section 16. Article 4. Division 3. Section 4-302.B Application/approval by
community development coordinator Level One approval (flexible standard
development) and the accompanying Permitted Uses: Level One chart are hereby
amended as follows:
B. Level one approval (flexible standard development). An applicant
for level one approval (flexible standard development) shall submit
an application in accordance with the requirements of section 4-
202 (A) and (F) to the community development coordinator who
shall review the application with the development review
committee in accordance with the requirements of section 4-202
(C) and (D) and determine whether the application demonstrates
compliance with this Development Code. Within 20 working days
of a determination of sufficiency, the community development
coordinator shall approve the application, or approve with
conditions necessary to make the proposed development
conforming with the applicable general and specific requirements
set out in Articles 2 and 3, including the provisions of section 3-
913 in regard to general standards for approval conditions, or deny
the application for failure to meet the applicable requirements and
standards.
* * * *
Section 17. Article 4. Division 3. Section 4-303 Effect of Level One approval is
hereby amended as follows:
Section 4-303. Effect of Level One (flexible standard
development) approval.
A written development order shall be issued which confirms the
community development coordinator's decision. The development
order shall be effective upon the date of the decision made (date
of the development order). A level one (flexible standard
development) approval authorizes only the particular use approved
and entitles the recipient to apply for a building permit or any other
permit required by this development code, the city or regional,
state or federal agencies. Unless otherwise specified in the Level
One (flexible standard development) approval, an application for a
building permit shall be made within one (1) year of the date of the
Level One (flexible standard development) approval, and all
required certificates of occupancy shall be obtained within one (1)
year of the date of issuance of the initial building permit.
Permitted time frames do not change with successive owners and
an extension of time may be granted by the Community
Development Coordinator for a period not to exceed one (1) year
.
.
and only within the original period of validity. The community
development coordinator may approve one additional extension of
time not to exceed one year for good cause shown and documented
in writing. The request for this extension must be received by the
coordinator within the one year period of validity after the original
time extension. Good causes may include. but are not limited to. an
unexpected national crisis (acts of war. significant downturn in the
national economy. etc.). excessive weather-related delays. and the
like.
* * * *
Section 18. Article 4. Division 4. Permitted Uses: Level Two chart on page
CD4:18 is hereby amended as follows:
By revising the second box from the top as follows:
"Determination of completeness aad suffieieacy by Staff"
By revising the third box from the top as follows: "Determination
of sufficiency by Development Review Committee (Review)."
By revising the length of time between the first and second boxes
(Application for Development Approval and Determination of
completeness, respectively) from "Max. 15 days" to "Max. 7 days"
and by revising the length of time between the second and fourth
boxes (Determination of completeness and Determination of
Sufficiency by Development Review Committee, respectively)
from "Max. 10 days" to "Max. 18 days."
By adding a length of time between the second and third boxes
(Determination of completeness by Staff and Determination of
sufficiency by Development Review Committee (Review),
respectively) to read Max. 18 days.
By deleting the length of time (Max. 30 days) between the second
and fifth boxes (Determination of completeness by Staff and
Community Development Board (decision), respectively).
By adding a length of time, Max. 33 days, between the third and
fifth boxes (Determination of Sufficiency by Development Review
Committee (Review) and Community Development Board
(Decision), respectively).
* * * *
.
.
Section 19. Article 4. Division 4. Section 4-404 Community Development Board
decision is hereby amended as follows:
Upon receipt of the recommendation of the community
development coordinator, the community development board shall
review the application) the recommendation of the community
development coordinator, conduct a quasi-judicial public hearing
on the application in accordance with the requirements of section
4-206 and grant the approval, grant the approval subject to
specified conditions or deny the application for development
approval. The review and public hearing shall be held within J(). 33
working days after determination of completeness ftfld sufficiency,
unless the time frame is extended by mutual consent of the
applicant and the city. The community development board shall
render a decision not later than 70 days after the initial hearing
unless the time frame is extended by mutual consent of the
applicant and the city. The community development board shall
attach such conditions to the approval which are necessary to
ensure compliance with the applicable general and specific
flexibility requirements set out in Articles 2 and 3 including the
provisions of section 3-911 in regard to general standards for
approval conditions.
* * * *
Section 20. Article 4. Division 4. Section 4-405 Effect of decision is hereby
amended as follows:
A written development order shall be issued which confirms the
Board's decision. The development order shall be effective upon
the date of the decision made (date of the Board meeting).
Approval of a level two approval shall be deemed to authorize only
the particular use for which it is issued and shall entitle the
recipient to apply for a building permit or any other approval that
may be required by this development code, the city or regional,
state or federal agencies.
* * * *
.
.
Section 21. Article 4. Division 4. Section 4-406.A Changes to Level Two
Development Approvals is hereby amended as follows:
1. Does not alter the location of any road or \valbvay street by
more than five 20 feet.
2. Does not change the use unless such change is a of similar or
less intensity. as determined by the Community Development
Coordinator.
3. Does not increase the density or intensity of the development
4. Does not result in a reduction of setback or previously required
landscaping landscape area.
5. Does not result in a substantial change to the location of a
structure previously approved
6. Does not result in a material substantial modification or the
cancellation or modifioation of any condition placed upon the
\:lSe application as originally approved.
7. Does not add property to the parcel proposed for development.
8. Does not increase the height of the buildings.
* * * *
Section 22. Article 4. Division 4. Section 4-407 Expiration of approval is hereby
amended as follows:
Unless otherwise specified in the approval, an application for a
building permit shall be made within one year of the date of the
Level Two approval, and all required certificates of occupancy
shall be obtained within eae two year~ of the date of issuance of
the initial building permit. Permitted time frames do not change
with successive owners and an extension of time may be granted
by the community development beaR! coordinator for a period not
to exceed one year and only within the original period of validity
for good cause shown and documented in writing. The community
development board may approve one additional extension of time
not to exceed one year for good cause shown and documented in
writing. The request for this extension must be received by the
coordinator within the one year period of validity after the original
extension is approved (also by the Community Development
Coordinator). Good causes may include but are not limited to an
unexpected national crisis (acts of war. significant downturn in the
national economy. etc.). excessive weather-related delays. and the
like. Transfer of development rights are exempt from this
provlSlon.
* * * *
.
.
Section 23. Article 8. Definitions and Rules of Construction, Section 8-102
Definitions is amended as follows:
Sign. adopt a park means a sign that recognizes a sponsoring agency
which has been given the opportunity to install and maintain
landscaping in city rights-of-way or on a city-owned property. In
many cases. these signs are located within city medians.
* * * *
Section 24. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
* * * *
Section 25. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
* * ... *
Section 26. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
* * * *
Section 27. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
... * ... *
Section 28. The provisions of this Ordinance shall be effective on August 7,
2003.
* ... * *
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.
Approved as to form:
Attest:
.
Brian 1. Aungst
Mayor-Commissioner
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
..
CDB Meeting Date:
Case Number:
Ordinance No.:
Agenda Item:
UPDATE:
REQUEST:
INITIATED BY:
.
.
a&ll'-003
~
1156-63
Dl
ORIGINAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
The Planning Department had requested a continuance for this case
from the June 17, 2003, Community Development Board meeting
to the July 15,2003 meeting. Due to an advertising error this case
was required to be continued from that meeting to this, the August
19,2003, meeting.
Amendments to the Community Development Code as relating to
Comprehensive Infill Redevelopment Projects, prohibited signs,
signs in residential areas and portable storage unit signage, changes
to the length of time for Level One (Flexible Standard) and Level
Two (Flexible) development reviews, various clarifications to
which level of review (Minimum Standard, Flexible Standard or
Flexible) a particular subsection refers, clarification of the effect of
a Level One (Flexible Standard) and Level Two (Flexible)
approvals, minor amendment provisions regarding changes to
Level Two development approvals, increasing the number of times
and under what circumstances Level One (Flexible Standard) and
Level Two (Flexible) approvals can be extended and adding a
definition for adopt-a-park signs.
City of Clearwater Planning Department
A. BACKGROUND INFORMATION:
The Planning Department hosted a Frequent Users Group (FUG) meeting on November 15,
2002 in order to solicit concerns and suggestions for the further improvement of the
development review process. Enhancements to the Code with regards to criteria for
Comprehensive Infill Redevelopment Projects, site plan revisions subsequent to Level Two
(Flexible Development) approvals, the timeframe for Level One (Flexible Standard
Development) and Level Two (Flexible Development) development review were included
among the suggestions submitted at that meeting. In addition, Staff has identified several
additional portions ofthe Code which warrant improvement and/or clarification.
Staff Report - Community Development Board - June 17,2003 - TA2003-01002 - Page 1
.
e
One amendment contained in this ordinance also addresses the result of a lawsuit filed in
Pinellas County court, State v. PODS, and settled on April 3, 2003, with regards to the
amount of signage permitted on portable storage units. As a part of that settlement the City
agreed to put forward a proposed amendment to the Code increasing the amount of such
sIgnage.
B. ANALYSIS:
Proposed Ordinance No. 7106-03 includes amendments addressing the items listed in the
request above. Please find a description of each proposed amendment with the
corresponding ordinance page number below.
1. Amending Article 2, Zoning Districts, by deleting one of the flexibility
criteria for Comprehensive Infill Redevelopment Projects in the Commercial
(page 2), Tourist (page 2), Downtown (page 2), Office (page 3), Institutional
(page 3), Industrial Research Technology (page 3) and Open Space and
Recreation Districts (page 3);
This amendment will delete the fifth criterion common to all Comprehensive
Infill Redevelopment Projects requiring evidence to be submitted to Staff
indicating that suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infill Redevelopment Project are not otherwise
available in the City of Clearwater. The City has reviewed numerous applications
which include a Comprehensive Infill Redevelopment Project since the inception
of the Code and it has become evident to Staff that this requirement is onerous
and unreasonable if not impossible. The remaining criteria are primarily
performance based and are effective in ensuring and encouraging quality
development consistent with the purpose and goals of the Code.
2. Amending Article 3, Development Standards, Division 18 Signs, by making
revisions and/or adding provisions to prohibited signs (page 3), signs allowed in
residential zoning districts, decorative street signs for identification of
subdivisions within city rights-of-way (page 5) and adopt-a-park signs located
in city rights-of-way or on other city owned properties (page 5);
This amendment simplifies this portion of the Code by combining the two
subsections addressing signage permitted for single- and multi-family residential
developments into one subsection. The signage permitted for both single- and
multi-family developments will be up to two signs with a maximum of 12 square
feet for each entry into single- and multi-family residential developments. This
subsection will also be expanded to provide greater clarification with regards to
where and under what conditions such signs may be located.
AJ } - '" - ,,~~ S ):1;15 I( "v",d
~t -~' ~ (\...1
lite!, \ l~ .'
~
Staff Report - Community Development Board - June 17,2003 - TA2003-01002 - Page 2
e
e
A new subsection permitting decorative additions to street signs located within
the City rights-of-way is proposed with this ordinance. These signs may be used
to identify neighborhoods. The City will compile a selection of several sign types
from which neighborhoods may choose. Section 3-1803.L, regarding prohibited
signs, will be amended to permit these signs to be located within street rights-of-
way.
A fourth subsection is further proposed which will permit "Adopt-a-park" signs
within City rights-of-way or on City-owned properties. The City will also
compile a selection of several sign types from which adopt-a-park participants
may choose.
3. Amending Article 3, Development Standards, Section 3-2103 (page 6), by
increasing the amount of sign age permitted on portable storage units;
A portion of this ordinance addresses the result of a lawsuit filed in Pinellas County
court, State v. PODS, and settled on April 3, 2003, with regards to the amount of
signage permitted on portable .ts. The amount of signage currently
permitted includes two signs 0 12 square inches eac As a part of that settlement
the staff agreed to put jofw proposed amendment to the Code increasing the
amount of such si~ge to two si,gns of 1~ squ'lfe feet e9ch. ~ "" ~
G c.4 (ct(" .h ?11<.. /0- 1&1- I) Ii tr (2.. .U'6
4. Amending Article 4 Development Review and Procedures by making
revisions to the timeframe for determining application completeness and
sufficiency for Level One (Standard and Flexible Standard) and Level Two
(Flexible Development) development reviews and making certain
clarifications with regards to the type of development review to which these
sections refer:
a) Section 4-202, Determination of Completeness/Sufficiency, c.t,
Determination of Completeness (page 6), C2, Determination of Legal
Sufficiency (page 6) and C.3, Determination of Legal Sufficiency (page 7),
by changing the length of time for Level One (Flexible Standard)
Development Review and providing clarification with regards to which
level of review the section refers;
b) Article 4. Division 3. Permitted Uses: Level One diagram on page CD4:16
of the Code (page 7);
c) Section 4-302.A (page 7), Level One approval, by changing the length of
time for Level One (Flexible Standard) Development Review and
clarifying the type of development review to which the section refers;
d) Section 4-302.B (page 8), Level One approval (Flexible Development), by
clarifying the type of development review to which the section refers;
e) Division 4 Permitted Uses Level Two Chart (page 9) by changing the
length of time for a Level Two (Flexible Development) Review; and
1) Section 4-404 (page 10), Community Development Board Decision, by
changing the length of time for a Level Two (Flexible Development)
Review.
,.....--.'\
~ i
Staff Report - Community Development Board - June 17, 2003 - T A2003-0 1 002 - pa0
e
e
Since the inception of the Code in early 1999, the DRC and CDB have
reviewed hundreds of applications. The timeframe provided for by the Code
has proven too limiting for an accurate, efficient and effective review of
submitted applications. The Code provides for a maximum of 21 days to
DRC review for Level One (Flexible Standard Development) applications and
45 days from submittal date to CDB review for Level Two (Flexible
Development) applications. The above changes (A.3.a-f) will provide up to
an additional 10 working days resulting in a maximum total of 31 working
days with which to review Level One (Flexible Standard Development)
applications, increase the amount of time available to review Level Two
(Flexible Development) applications by up to 13 working days providing a
maximum total of 58 working days and provide additions which clarify to
which level of review (Minimum Standard, Flexible Standard or Flexible) a
particular subsection refers. The additional time provided by this Code
change will result in a direct benefit to all applicants with a more accurate and
efficient submittal review.
5. Amending Section 4-303 (page 8), Effect of Level One approval, by clarifying
the effective date of a Level One Approval and by changing the number of times
such an approval can be extended;
The Code is currently silent regarding the effective date of Level One (Flexible
Standard Development) approvals. This amendment provides that the date of the
signing of the Development Order (the letter which indicates the decision of the
Community Development Coordinator) constitutes the approval date.
In addition, the Code provides that the community development coordinator may
grant a one-time, one-year time extension for an approved Level One (Flexible
Standard Development) application. This Code amendment will enable an
applicant to receive up to two, one-year time extensions by the community
development coordinator. Each time extension will be required to be granted
within the period of validity of the previous approval whether that be the original
date of approval or the first time extension. The amendment also requires that the
applicant provide proof of good cause documented in writing. Good causes may
include but are not limited to an unexpected national crisis (acts of war,
significant downturn in the national economy, etc.).
6. Amending Section 4-405 (page 10), Effect of Decision, by clarifying the
effective date of a Level Two (Flexible Development) approval;
The Code is currently silent regarding the effective date of Level Two (Flexible
Development) approvals. This amendment provides that the date of the CDB
meeting approving an application constitutes the approval date.
Staff Report - Community Development Board - June 17,2003 - TA2003-0l002 - Page 4
e
e
7. Amending Section 4-406.A (page 11) revising minor amendment provisions
for Level Two development approvals;
This amendment will provide a greater degree of flexibility with regards to I ~ (
changes to approved Level Two (Flexible Development) appl~ /) 1'- ,..".,
Specifically, the amendment will increase the amount by which a street may be g. k
moved from five to 20 feet, allow changes of an approved use provided such a ~ r. v~
change is less intense than that originally approved, allow the quantification of
required landscaping and permits minor, unsubstantial changes to conditions part
of an approval.
8. Amending Section 4-407 (page 11), Expiration of Approval, by changing the
number of times a Level Two (Flexible Development) approval can be
extended;
The CDB may grant a one-time, one year time extension for an approved Level
Two (Flexible Development). This Code amendment will enable an applicant to
receive a one-time, one year time extension by the community development
coordinator and a second, one-time, one year time extension by the CDB. Each
time extension will be required to be granted within the period of validity of the
previous approval whether that be the original date of approval or the first time
extension. The amendment also requires that the applicant provide proof of good
cause and documented in writing. Good causes may include but are not limited to
an unexpected national crisis (acts of war, significant downturn in the national
economy, etc.).
9. Amending Article 8, Article 8. Definitions and Rules of Construction, Section
8-102 Definitions (page 12) by adding a definition for adopt-a-park signs;
This definition will further clarify the addition of Section 3-1806.A.4 which
permits adopt-a-park signs to be located within City rights-of-way or on other City
owned properties.
10. Provision of an effective date of this ordinance;
The effective date of this ordinance shall be ~ontingent upon City
Commission approval.
C. FLEXIBILITY CRITERIA FOR TEXT AMENDMENTS (Section 4-601.F.):
1. The proposed amendment is consistent with and furthers the goals, policies
and objectives of the Comprehensive Plan;
The proposed amendments are not inconsistent with goals, policies, or objectives
from the Clearwater Comprehensive Plan.
Staff Report - Community Development Board- June 17,2003 - TA2003-01002 - Page 5
e
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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 increase the effectiveness of the Code and the
efficiency of staff. These proposed amendments further the following purposes of
the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The Planning Department recommends APPROVAL of Ordinance No. 7106-03 which
revises the Community Development Code as relating to Comprehensive Infill
Redevelopment Projects, prohibited signs, residential, adopt-a-park and portable storage
unit signage, changes to the length of time for Level One (Flexible Standard) and Level
Two (Flexible) development reviews, various clarifications with regards to Level One
and Level Two reviews, clarification of the effect of a Level One (Flexible Standard) and
Level Two (Flexible) approvals, minor amendment provisions regarding changes to
Level Two development approvals, increasing the number of times and under what
circumstances Level One (Flexible Standard) and Level Two (Flexible) approvals can be
extended, adding a definition for adopt-a-park signs and providing an effective date of
this ordinance.
Prepared by Planning Department Staff: ~----/
Mark T. Parry, Planner
ATT ACHMENT:
Proposed Ordinance No. 7106-03
S:IPlanning DepartmentlCommunity Development Codel2003 Code Amendments\Ord. 7106-03 - ClRP, Minor Change, POD and res
Signs. Schedule. Time ExtensionlOrd. 7106-03 Staff Report - C1RP. Minor Change. POD and res Signs, Schedule, Time Extension.doc
Staff Report - Community Development Board - June 17, 2003 - T A2003-0 1 002 - Page 6
CDB Meeting Date:
Case Number:
Ordinance No.:
Agenda Item:
REQUEST:
INITIATED BY:
.
-
July 15. 2003
TA2003-01002
7106-03
F3
ORIGINAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
Amendments to the Community Development Code as relating to
Comprehensive Infill Redevelopment Projects, prohibited, public
purpose, residential, adopt-a-park and portable storage unit
signage, changes to the length of time for Level One (Flexible
Standard) and Level Two (Flexible) development reviews, various
clarifications to which level of review (Minimum Standard,
Flexible Standard or Flexible) a particular subsection refers,
clarification of the effect of a Level One (Flexible Standard) and
Level Two (Flexible) approvals, minor amendment provisions
regarding changes to Level Two development approvals,
increasing the number of times and under what circumstances
Level One (Flexible Standard) and Level Two (Flexible) approvals
can be extended and adding a definition for adopt-a-park signs.
City of Clearwater Planning Department
BACKGROUND INFORMATION:
The Planning Department hosted a Frequent Users Group (FUG) meeting on November 15,
2002 to solicit concerns and suggestions to further improve the development review process.
Meeting participants suggested several areas of the Community Development Code that
could be improved. Proposed Ordinance No. 7106-03 incorporates some of the suggested
amendments, as well as those identified by the Planning Department. The proposed revisions
focus primarily on the criteria for Comprehensive Infill Redevelopment Projects, certain
signs, site plan revisions subsequent to Level Two (Flexible Development) approvals, the
timeframe for Level One (Flexible Standard Development) and Level Two (Flexible
Development) Development review were included among the suggestions submitted at that
meeting.
The proposed Ordinance also addresses the results of a lawsuit filed in Pinellas County court,
State v. PODS, and settled on April 3, 2003, regarding the amount of signage permitted on
portable storage units and signage in residential areas.
Staff Report - Community Development Board - July 15, 2003 - TA2003-01002 - Page 1
e
.
T~~ i~<\i~f~ wil~ be re~advertise? to inclu~e the proposed amen~ment in~~rpora~ing
,:.\'dltt~ct~qI1fl~IblbhnatlOna! SIgn.S servmg a pubhc p~rpose to. the se~h.on outhm~~ SIgnS
. ~all~wed wIthout a permIt. ThIS amendment was not mcluded m the ongmal advertIsmg and
.....-.'"' <
will be properly and fully advertised for each of the two subsequent City Commission
meetings.
A. ANALYSIS:
Proposed Ordinance No. 7106-03 includes amendments addressing the items listed in the
request above. Below please find a description of each proposed amendment.
Ordinance Sections 1 - 7:
Amending Article 2, Zoning Districts, by deleting one of the flexibility criteria
for Comprehensive Infill Redevelopment Projects in the Commercial, Tourist,
Downtown, Office, Institutional, Industrial Research Technology and Open
Space and Recreation Districts (pages two through three of Ordinance).
This proposed amendment will delete the fifth criterion common to all
Comprehensive Infill Redevelopment Projects requiring evidence to be submitted to
Staff indicating that suitable sites for development or redevelopment of the uses or
mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise
available in the City of Clearwater. The City has reviewed numerous applications,
which include a Comprehensive Infill Redevelopment Project, since the inception of
the Code. It has become evident to Staff that this requirement is onerous and
unreasonable if not impossible to meet. The remaining criteria are primarily
performance based and are effective in ensuring and encouraging quality
development consistent with the purpose and goals of the Code.
Ordinance Sections 8 -10:
Amending Article 3, Development Standards, Division 18 Signs, by making
revisions and/or adding provisions to prohibited signs, signs allowed in residential
zoning districts, decorative street signs for identification of subdivisions within city
rights-of-way, adopt-a-park signs located in city rights-of-way or on other city
owned properties and directional/informational signs serving a public purpose
(pages four through six of Ordinance).
This proposed amendment simplifies provisions regulating signage in residential
areas by combining the two subsections addressing signage permitted for single- and
multi-family residential developments into one subsection. The signage permitted for
both single- and multi-family developments will be up to two signs with a maximum
of 24 square feet for each entry into single- and multi-family residential
developments. This subsection will also be expanded to provide greater clarification
with regards to where and under what conditions such signs may be located. The
amendment also makes a provision for such signs in the public right-of-way in the
event a previously developed subdivision or multi-family development does not have
adequate land to accommodate the sign.
Staff Report - Community Development Board - July 15, 2003 - TA2003-01002 - Page 2
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A new subsection permitting decorative additions to street signs located within the
City rights-of-way is proposed with this ordinance. These signs will be used to
identify specific neighborhoods within the City. The City will compile a selection of
several sign types from which neighborhoods may choose. Section 3-1803.L,
regarding prohibited signs, will be amended to permit these signs to be located within
street rights-of-way.
A fourth subsection is further proposed which will permit "Adopt-a-park" SIgnS
within City rights-of-way or on City-owned properties.
An amendment is proposed incorporating directional/informational signs serving a
public purpose to the section outlining signs permitted without a permit. Specifically,
this will allow signs such as those proposed as part of the Wayfinding sign package
included in the Downtown Plan to be installed within public easements and rights-of-
way.
Ordinance Section 11:
Amending Article 3, Development Standards, Section 3-2103, by increasing the
amount of signage permitted on portable storage units (page seven of
Ordinance).
A portion of this proposed ordinance addresses the result of a lawsuit filed in Pinellas
County court, State v. PODS, and settled on April 3, 2003, with regard to the amount of
signage permitted on portable storage units. The amount of signage currently permitted
includes two signs of 12 square inches each. As a part of that settlement the staff agreed
to put forward a proposed amendment to the Code increasing the amount of such signage
to two signs of 12 square feet each which is consistent with the signage allowed for other
permitted, temporary uses.
Ordinance Sections 12, 14 -16,19 and 20:
Amending Article 4 Development Review and Procedures by making revisions to
the timeframe for determining application completeness and sufficiency for
Level One (Standard and Flexible Standard) and Level Two (Flexible
Development) development reviews and making certain clarifications with
regards to the type of development review to which these sections refer (pages
seven through 11 of Ordinance).
Since the inception of the Code in early 1999, the DRC and CDB have reviewed
hundreds of applications. The time frame provided for by the Code has proven too
limiting for Staff to provide an accurate, efficient and effective review of submitted
applications. In addition, the existing timeframe has also proven to restrictive for
applicants to resubmit all required materials subsequent to the Development Review
Committee and prior to the Community Development board meetings. The Code
provides for a maximum of 21 days for DRC review for Level One (Flexible Standard
Development) applications and 45 days from submittal date to CDB review for Level
Two (Flexible Development) applications. The proposed changes will provide up to
Staff Report - Community Development Board - July 15, 2003 - TA2003-01002 - Page 3
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an additional 10 working days resulting in a maximum total of 35 working days in
which to review Level One (Flexible Standard Development) applications. The
proposed changes will also increase the amount of time available to review Level
Two (Flexible Development) applications by up to 13 working days (including three
additional days for a total of seven days with which an applicant is required submit all
obligatory materials for a Community Development Board review subsequent to a
Development Review Committee evaluation) providing a maximum total of 58
working days and provide additions which clarify to which level of review (Minimum
Standard, Flexible Standard or Flexible Development) a particular subsection refers.
The additional time provided by these proposed Code amendments will result in a
direct benefit to all applicants by generally providing a more accurate and efficient
submittal review and specifically providing applicants adequate time with which to
prepare and submit all materials required for a Community Development Board
reVIew.
Ordinance Section 18:
Amending Section 4-303, Effect of Level One approval, by clarifying the
effective date of a Level One Approval and by changing the number of times such
an approval can be extended (page 10 of Ordinance).
The Code is currently silent regarding the effective date of Level One (Flexible
Standard Development) approvals. The proposed amendment provides that the date
of the signing of the Development Order (the letter which indicates the decision of the
Community Development Coordinator) constitutes the approval date.
In addition, the Code provides that the Community Development Coordinator may
grant a one-time, one-year time extension for an approved Level One (Flexible
Standard Development) application. The proposed Code amendment will enable an
applicant to receive up to two, one-year time extensions by the community
development coordinator. Each time extension will be required to be granted within
the period of validity of the previous approval whether that be the original date of
approval or the first time extension. The Community Development Coordinator may
also consider whether significant progress on the project is being made and whether
or not there are pending or approved Code amendments which would significantly
affect the project. The amendment also requires that the applicant provide proof of
good cause documented in writing.
Staff Report - Community Development Board - July 15, 2003 - TA2003-0l002 - Page 4
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Ordinance Section 21:
Amending Section 4-405, Effect of Decision, by clarifying the effective date of a
Level Two (Flexible Development) approval (page 11 through 12 of Ordinance).
The Code is currently silent regarding the effective date of Level Two (Flexible
Development) approvals. This amendment provides that the date of the CDB meeting
approving an application constitutes the approval date. This Code amendment will
necessitate an amendment to the Community Development Board's rules of
procedure.
Ordinance Section 22:
Amending Section 4-406.A revising minor amendment provisions for Level Two
development approvals (page 12 of Ordinance).
This amendment will provide a greater degree of flexibility with regard to changes to
approved Level Two (Flexible Development) applications. Specifically, the
amendment will increase the amount by which a street may be moved from five to 20
feet, allow changes of an approved use provided such a change is less intense than
that originally approved, does not reduce the amount of required landscaping and
permits minor, unsubstantial changes to conditions part of an approval.
Ordinance Section 23:
Amending Section 4-407, Expiration of Approval, by changing the number of
times a Level Two (Flexible Development) approval can be extended (pages 12
through 13 of Ordinance).
The CDB may grant a one-time, one year time extension for an approved Level Two
(Flexible Development). The proposed Code amendment will enable an applicant to
receive a one-time, one-year time extension by the Community Development
Coordinator and a second, one-time, one-year time extension by the CDB. Each time
extension will be required to be granted within the period of validity of the previous
approval whether that be the original date of approval or the first time extension. The
Community Development Coordinator and/or Community Development Board may
also consider whether significant progress on the project is being made and whether
or not there are pending or approved Code amendments which would significantly
affect the project. Amendments which will require no or minor amendments (as
provided by Section 4-406.A as amended by this ordinance) may be approved.
Amendments which will require a major revision to the subject project shall be
required to be approved as part of a new Level Two application. In the event a
project is governed by a development agreement this proposed amendment specifies
that the timeframes established in the agreement shall supercede these requirements.
The amendment also requires that the applicant provide proof of good cause and
documented in writing.
Staff Report - Community Development Board - July 15,2003 - TA2003-01002 - Page 5
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Ordinance Section 24:
Amending Article 8, Article 8. Defmitions and Rules of Construction, Section 8-
102 Defmitions by adding a definition for adopt-a-park signs (page 13 of Ordinance).
This definition will further clarify the addition of Section 3-1806.A.4 which permits
adopt-a-park signs to be located within City rights-of-way or on other City owned
properties.
C. FLEXIBILITY CRITERIA FOR TEXT AMENDMENTS (Section 4-601.F.):
1. The proposed amendment is consistent with and furthers the goals, policies
and objectives of the Comprehensive Plan.
The following is a selected list of goals and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the
Community Development Code:
. Goal 4 - The City of Clearwater shall ensure that all development or
redevelopment initiatives meet the safety, environmental, and aesthetic needs
of the City through consistent implementation of the Community
Development Code.
. Objective 4.1 - All signage within the City of Clearwater shall be consistent
with the Clearwater sign code, as found within the Community Development
Code, and all proposed signs shall be evaluated to determine their
effectiveness in reducing visual clutter and in enhancing the safety and
attractiveness ofthe streetscape
. Policy 4.1.3 - Sign identification of City parks and buildings shall be used as
a positive example of aesthetics and legible site identification.
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 are consistent with the following purposes of the
Code:
. Section 1-103.A - It is the purpose of this Development Code to implement
the Comprehensive Plan of the City; to promote the health, safety, general
welfare and quality of life in the City; to guide the orderly growth and
development of the city; to establish rules of procedures for land development
approvals; to enhance the character of the City and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property
owners of the City;
Staff Report - Community Development Board - July 15, 2003 - T A2003-0 1 002 - Page 6
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· Section 1-103 .B.l - Allowing property owners to enhance the value of the
property through innovative and creative redevelopment;
· Section 1-103 .B.2 - Ensuring that development and redevelopment will not
have a negative impact on the value of surrounding properties and wherever
practicable promoting development and redevelopment which will enhance
the value of surrounding properties.
· Section 1-103.C. - It is the further purpose of the 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 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.
· Section 1-103.E.5 - Preserve the natural resources and aesthetic character of
the community for both the resident and tourist population consistent with the
City's economic underpinnings.
· Section 1-103.E.12 - Coordinate the provisions of this Development Code
with corollary provisions relating to parking, fences and walls, signs,
minimum habitable area and like supplementary requirements designed to
establish an integrated and complete regulatory framework for the use of land
and water within the City.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The Planning Department recommends APPROVAL of Ordinance No. 7106-03 which
revises the Community Development Code as relating to Comprehensive Infill
Redevelopment Projects, prohibited, public purpose, residential, adopt-a-park and
portable storage unit signage, changes to the length of time for Level One (Flexible
Standard) and Level Two (Flexible) development reviews, various clarifications to which
level of review (Minimum Standard, Flexible Standard or Flexible) a particular
subsection refers, clarification of the effect of a Level One (Flexible Standard) and Level
Two (Flexible) approvals, minor amendment provisions regarding changes to Level Two
Staff Report- Community Development Board - July 15, 2003 - TA2003-01002 - Page 7
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development approvals, increasing the number of times and under what circumstances
Level One (Flexible Standard) and Level Two (Flexible) approvals can be extended and
adding a definition for adopt-a-park signs.
Prepared by Planning Department Staff:
rf2--- ....
..---
Mark T. Parry, Planner
ATTACHMENT:
Proposed Ordinance No. 7106-03
S:\Planning DepartmentlCommunity Development Code\2003 Code AmendmentslOrd. 7106-03 - CIRP, Minor Change, POD and res
Signs, Schedule, Time Extension lOrd. 7106-03 Staff Report - CIRP, Minor Change, POD and res Signs, Schedule, Time Extension.doc
Staff Report- Community Development Board - July 15, 2003 - TA2003-01002 - Page 8
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PRELIMINARY AGENDA
Clearwater City Commission Work Session
9:00 A.M. - Tuesday, September 2,2003
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: (no item)
3. Recommend approval of Clearwater Downtown Redevelopment Plan.
4. Executive Director (Assistant City Manager) Verbal Reports
5. Other Business
6. Adjourn
Reconvene Work Session
flU
QJz 7(C/o.v)
PUR
PURCHASING
Approval of Purchases per Purchasinq Memorandum:
1 . Diesel Energy Systems, Largo, Florida . Service contract for Emergency back-up
generator maintenance during the contract period: 10/01/03 thru 09/30/04 for
$150,000. (GS) (Consent)
2. Department of Management Services, Tallahassee, Florida - Service contract for
Centranet lines and Suncom long distance service during the period: 10/01/03 thru
09/30/04 for $179,930. (IT) (Consent)
3. Nextel Communications, Norcross, Georgia - Service contract for Cellular and radio
services during the period: 10/01/03 thru 09/30/04 for $242,720. (IT) (Consent)
4. Verizon Florida, Inc. - Service contract for Frame relay TI's and Centranet trunks,
directory service, Norstar maintenance, long distance overflow, frame relay internet
service, credit card and collect calling service during the period: 10/01/03 thru
09/30/04 for $492,130. (IT) (Consent)
5. Angelo's Aggregate Materials dba: Angelo's Recycled Material, Largo, Florida -
Service contract for Disposal of materials suitable for recycling during the period:
10/01/03 thru 11/30/04 for $750,000. (SW) (Consent)
BU BUDGET
1. Approve the recommended Penny for Pinellas project list, as revised, for Fiscal
Years 2003/2004 thru 2009/2010.
2. Public Hearing & First Reading Ord. 7187-03 - Setting a final millage rate of 5.753
mills for Fiscal Year 2003/2004 levied against non-exempt real and personal
property within the City.
3. Public Hearing & First Reading Ord. 7188-03 - Annual Operating Ordinance, on
First Reading which establishes the City of Clearwater Annual Operating Budget for
the 2003/2004 Fiscal Year.
4. Public Hearing & First Reading Ord. 7189-03 - Capital Improvement Ordinance, on
First Reading establishing the FY 2003/04 budget and six-year plan for the Capital
Improvement Program (CIP).
09-02-03 Work Session Agenda
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ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Approve an Agreement between the City and the Clearwater Regional Chamber
of Commerce for tourism services in Fiscal Year 2003-2004 in return for funding in
the amount of $170,000. (Consent)
2. Housing Loan Policy Presentation (Worksession Only)
IT INFORMATION TECHNOLOGY
1. Approve an increase of $285,000. annually to the Master Lease Agreement with
Dell Inc., Round Rock, Texas, in accordance with State Contract #250-040-99-1, to
all~ q,~er Police to upgrade approximately 400 (225 laptop and 175
de"'\.~ters) machines under the terms and conditions of the City's existing
Dell~ leas~. (Consent)
MR MARINE /AVIATION
1 . Approve a subgrant agreement with the Department of Environmental Protection
Coastal zone Management Program, to build the Clearwater Community Sailing
Center docks. (Consent)
2. Approve transfer of funds from the Marina enterprise fund into a CIP in the amount
of $50,000 for Clearwater Marine Aquarium improvements. (Consent)
PR PARKS AND RECREATION
1 . Accept the donation of a commerative statue from the Panhellenic Federation of
Florida to be installed at Pier 60, subject to final approval of building plans and the
issuance of a building permit, as well as the donor satisfying all terms of the donor
agreement. (Consent)
PC PUBLIC COMMUNICATIONS
1. Citizen Survey Results - Bordner Report (Worksession Only)
PW PUBLIC WORKS
1. Approve a contract with Laura M. Green to purchase a 1,089 square foot, MOL,
portion of Lot 1, Blk A, Stevenson's Heights for $4,000., subject to terms and
conditions contained therein, plus approximate closing expenses of $50. for the
total estimated consideration of $4,050. (Consent)
2. Accept a 3,528.28 square foot, MOL, Drainage and Utility Easement over and
across a portion of the SW 1/4 of Sec 04-29-16, conveyed by the Humane Society
of North Pinellas, Inc. for and in consideration of the sum of $1.00. (Consent)
3. Award a contract for Parking Access and Revenue Control Equipment for the
Garden Avenue Parking Garage and the South Beach parking lots to Royce
Parking Control Systems, Inc. at a cost not to exceed $590,654.35 per the RFP
#39-02; and authorize financing under the City's Master Lease/Purchase Financing
Agreement. (Consent)
09-02-03 Work Session Agenda
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4. Ratify and confirm the approval of a purchase order with Morelli Landscaping,
Inc. in the amount of $47,921.50, for completion of the Phase I landscaping and
irrigation for the N. Greenwood (MLK) Corridor Enhancement Project: Change
Order #9 in the amount of $28,501.88 (for a new total contract price of
$2,459,452.75) to Steve's Excavating & Paving, Inc.; and Public Service Charges
in the amount of $2,936.00 for mulch for erosion control in the medians and the
construction of a handicap ramp. (Consent)
5. Declare as surplus Lot 37, Blk D, Greenwood Park #2, and offer for sale by
invitation for Bid No. 32-03 for residential development at the minimum bid amount
of $10,500. subject to special qualifying criteria.
PLD PLANNING
1. Public Hearing & First Reading Ord. 7106-03 - approve amendments to the
Community Development Code as relating to Comprehensive Infill
Redevelopment Projects, signage, length of time for Level One (Flexible Standard)
and Level Two (Flexible Development) development reviews, clarifies the effect of
Level One (Flexible Standard) and Level Two (Flexible Development) approvals,
expands minor amendment provisions regarding changes to Level Two
development approvals, increases the number of times and under what
circumstances Level One (Flexible Standard Development) and Level Two (Flexible
Development) approvals can be extended and adds a definition for adopt-a-park
signs.
2. (no Item)
3. Pass on First Reading Ord. 7153-03 to Approve the Clearwater Downtown
Redevelopment Plan.
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1. Clearwater Housing Authority - 1 Appointment (Consent)
2. Airpark Advisory Board - 1 Appointment (Consent)
3. Pass Ord. 7170-03 on First Reading establishing a Sister Cities Advisory Board.
4. Appoint Commissioner to serve on the Pinellas Suncoast Transit Authority
(PSTA) for the three-year term beginning 10/01/03 thru 09/30/06. (Consent)
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. 7155-03 - Approve the petition for Annexation for property located at 1856
East Drive (Clearwater Highlands Unit A, Blk B, Lot 7, Sec. 02-29-15) (Ljuljic).
ANX2003-05010
2. Ord. 7156-03 - Approve Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) for property located at 1856 East Drive
(Clearwater Highlands Unit A, Blk B, Lot 7, Sec. 02-29-15) (Ljuljic). ANX2003-
05010
09-02-03 Work Session Agenda
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3. Ord. 7157-03 - Approve Zoning Atlas Amendment from County R-3, Single-Family
Residential District, to City Low Medium Density Residential (LMDR) for property
located at 1856 East Drive (Clearwater Highlands Unit A, Blk B, Lot 7, Sec. 02-29-
15) (Ljuljic). ANX2003-05010
4. Ord. 7158-03 - Approve Land Use Plan Amendment from Commercial General
(CG) to Residential Urban (RU) for property located at 1120 Woodlawn Street (Lots
1 through 12, inclusive, Blk B and Lots 21, 22, 23 and 24, Blk A, and the West % of
vacated Tioga Avenue, lying east of Lots 21, 22, 23 and 24, Blk A, Harvey Park
Sub, Sec. 22-29-15) (Largo Housing Dev Corp & Tampa Bay Community Dev
Corp). LUZ2003-05003
5. Ord. 7159-03 - Approve Zoning Atlas Amendment from the C, Commercial District
to Low Medium Density Residential (LMDR) for property located at 1120 Woodlawn
Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22, 23 and 24, Blk A, and
the West % of vacated Tioga Avenue, lying east of Lots 21, 22, 23 and 24, Blk A,
Harvey Park Sub, Sec. 22-29-15) (Largo Housing Dev Corp & Tampa Bay
Community Dev Corp). LUZ2003-05003
6. Ord. 7160-03 - Approve the petition for Annexation for property located at the
northwest corner of the Allen Avenue/McMullen Booth Road intersection, consisting
of 5 parcels together with a portion of the 30 ft right-of-way along Allen Avenue,
consisting of Lots 4-17 together with Lots 12-15, Blk 4, and part of Lots 9-11 with a
portion of Lot 8, Blk 4, Acker's Sub, together with the abutting right-of-way along
Charles Avenue. (Hupp/McMullen). ANX2003-05011
7. Ord. 7161-03 - Approve Land Use Plan Amendment to Residential/Office General
(R/OG) for property located at the northwest corner of the Allen Avenue/McMullen
Booth Road intersection, consisting of 5 parcels together with a portion of the 30 ft
right-of-way along Allen Avenue, consisting of Lots 4-17 together with Lots 12-15,
Blk 4, and part of Lots 9-11 with a portion of Lot 8, Blk 4, Acker's Sub, together with
the abutting right-of-way along Charles Avenue. (Hupp/McMullen). ANX2003-
05011
8. Ord. 7162-03 - Approve Zoning Atlas Amendment to Office (0) for property located
at the northwest corner of the Allen Avenue/McMullen Booth Road intersection,
consisting of 5 parcels together with a portion of the 30 ft right-of-way along Allen
Avenue, consisting of Lots 4-17 together with Lots 12-15, Blk 4, and part of Lots 9-
11 with a portion of Lot 8, Blk 4, Acker's Sub, together with the abutting right-of-way
along Charles Avenue. (Hupp/McMullen). ANX2003-05011
9. Ord. 7166-03 Approve Land Use Plan Amendment to Residential/Office General
(R/OG) for property located at the northwest corner of the Allen Avenue/McMullen
intersection consisting of a portion of Lots 6-13, Blk 4, consisting of 3 parcels,
together with a portion of the 30 ft wide right-of-way for Allen Avenue, Acker's Sub
together with abutting right-of-way along Charles Avenue (Hupp/McMullen).
ANX2003-05011 and LUZ2003-05004
10. Ord. 7168-03 -Approve Zoning Atlas Amendment to Office (0) for property located
at the northwest corner of the Allen Avenue/McMullen intersection consisting of a
portion of Lots 6-13, Blk 4, consisting of 3 parcels, together with a portion of the 30
ft wide right-of-way for Allen Avenue, Acker's Sub together with abutting right-of-
way along Charles Avenue (Hupp/McMullen). ANX2003-05011 and LUZ2003-
05004
09-02-03 Work Session Agenda
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Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1 . Charter Review - how to receive report.
2. December 2003 and January 2004 Meeting Schedule
Other Commission Action
Adjourn
Presentations for Thursday Night
1. Acknowledge graduates of Cityside Leadership Class.
2. Acknowledge Clearwater for Youth Clearwater Green Wave (age 14 and under girls
Basketball National Championship.
3. Presentation of check - Kiwanis Club of Springtime City.
4. Thank you from Phillies to City for 49 years at Jack Russell Stadium.
09-02-03 Work Session Agenda
5
~arwater City Commission
Agenda Cover Memorandum
ekseSSion Item #:
Final Agenda Item #
Meeting Date:
09-04-03
SUBJECl/RECOMMENDA liON:
APPROVE an amendment to the City Commission land development policy relating to freestanding signs,
landscaping, walls and monuments serving subdivisions.
~ and that the appropriate officials be authorized to execute same
SUMMARY:
The Planning Department and Neighborhood Services propose an amendment to the City Commission land
development policies that would permit freestanding signs and landscaping within public rights-of-way
identifying previously developed single-family subdivisions and multi-family developments. The existing City
Commission policy prohibits entranceway signage and landscaping within the public rights-of-way and many
older developments do not have private land to accommodate a neighborhood/complex identification sign. The
provisions of proposed Ordinance No. 7106-03 permit such signs and the Commission policy should be revised
to reflect the ordinance provisions.
The policy amendment also removes the provision restricting adopt-a-park signs to wood signs 18-inches in
height with three-inch letters. Proposed Ordinance No. 7106-03 will govern these signs. The Parks and
Recreation Department is currently exploring a variety of sign types and designs and will create a catalogue of
several, pre-approved designs.
All other aspects of the existing policy will remain including, but not limited to liability provisions, insurance
requirements and maintenance standards.
Reviewed by:
Legal Info Srvc N/A
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Budget N/A Public Works N/A
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
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Originating Dept.:
PLANNING DEPARTMENT
Mark T. Par
User Dept.:
cjY
Planning
Attachments:
City Commission Policy
Amendment
STAFF REPORT
o None
Costs
Total N/A
Funding Source:
Current N/A CI
FY
OP
Other
Appropriation Code:
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CITY COMMISSION POLICY
LAND DEVELOPMENT
*****
B. Subdivision Walls. Landscaping and Signage MOHuments. New
entranceway landscaping, monuments, signage, and walls shall not be
allowed within the public rights-of-way of the City of Clearwater. Such
special treatments are to be upon private property and in accordance with all
applicable codes and regulations. Entranceway signage and landscaping may
be located within public rights-of-way provided that such signs are in
compliance with Section 3-1806.A.l.a and b of the Community
Development Code The owners of all existing and proposed entranceway
features signs and landscaping) occupying public property are to execute an
agreement with the City of Clearwater wherein owners agree to keep all
features in good repair, hold the City harmless for any liability arising from
the use of the public right-of-way, and provide a $500,000 liability insurance
policy. Upon failure of the owners to execute such agreement and provide
the required insurance policy after forty-five days from written notice, or by
tagging the structure when owners cannot be determined, or upon failure of
the owners to repair or maintain any feature of the site which has fallen in
disrepair after similar notice, the Public Works Department is to remove all
such materials occupying the public right-of-way at the cost of the property
owner and/or neighborhood association or other such entity.
A wooden sign ','lith breakaway features approved by the City Engineer
may be allowed ',vi thin the public right of v/ay when associated '.'lith the
Parks and Recreation "Adopt a Park" program, and is to be limited to a
size necessary to name the sponsoring agency in 3 inch letters. Such sign
to be a maximum height of 18 inches.
*****
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Clearwater City Commission
Agenda Cover Memorandum
erkseSSion Item #:
Final Agenda Item #
Meeting Date:
09-04-03
SUBJECT/RECOMMENDATION:
APPROVE Amendments to the Community Development Code as relating to Comprehensive Infill
Redevelopment Projects, signage, length of time for Level One (Flexible Standard) and Level Two (Flexible
Development) development reviews, clarifies the effect of Level One (Flexible Standard) and Level Two
(Flexible Development) approvals, expands minor amendment provisions regarding changes to Level Two
development approvals, increases the number of times and under what circumstances Level One (Flexible
Standard Development) and Level Two (Flexible Development) approvals can be extended and adds a definition
for adopt-a-park signs and PASS Ordinance No. 7106-03.
~ and that the appropriate officials be authorized to execute same
SUMMARY:
The Planning Department hosted a Frequent Users Group (FUG) meeting on November 15, 2002 to solicit
concerns and suggestions to further improve the development review process. Meeting participants suggested
several areas of the Community Development Code that could be improved. Proposed Ordinance No. 7106-03
incorporates some of the suggested amendments, as well as those identified by the Planning Department. The
proposed revisions focus primarily on the criteria for Comprehensive Infill Redevelopment Projects, certain
signs, site plan revisions subsequent to Level Two (Flexible Development) approvals and the timeframe for
Level One (Flexible Standard Development) and Level Two (Flexible Development) development review. The
proposed Ordinance also addresses signage in residential areas as well as the results of a lawsuit filed in Pinellas
County court, State v. PODS, and settled on April 3, 2003, regarding the amount of signage permitted on
portable storage units.
The proposed amendments are as follows:
. Amending Article 2, Zoning Districts, by deleting one of the flexibility criteria for Comprehensive Infill
Redevelopment Projects in the Commercial, Tourist, Downtown, Office, Institutional, Industrial
Research Technology and Open Space and Recreation Districts (pages two through three of Ordinance);
. Amending Article 3, Development Standards, Division 18 Signs, by making revisions and/or adding
provisions to prohibited signs, signs allowed in residential zoning districts, decorative street signs for
identification of subdivisions within City rights-of-way, adopt-a-park signs located in City rights-of-way or
on other City-owned properties and directional/informational signs serving a public purpose (pages four
through six of Ordinance);
Reviewed by:
Legal Info Srvc N/A
-
Budget N/A Public Works N/A
Purchasing N/A DCM/ACM
-
Risk Mgmt N/A Other
Originating Dept.: ~
PLANNING DEPARTME
Mark 1. Par
User Dept.
Total
Costs
N/A
Current
FY
N/A
Funding Source:
CI
Planning
Attachments:
ORDINANCE NO. 7106-03
STAFF REPORT
OP
Other
Appropriation Code:
o None
.
.
. Amending Article 3, Development Standards, Section 3-2103, by increasing the amount of signage
permitted on portable storage units (page seven of Ordinance);
. Amending Article 4, Development Review and Procedures by making revisions to the timeframe for
determining application completeness and sufficiency for Level One (Standard and Flexible Standard)
and Level Two (Flexible Development) development reviews and making certain clarifications with
regards to the type of development review to which these sections refer (pages seven through 11 of
Ordinance);
. Amending Section 4-303, Effect of Level One approval, by clarifying the effective date of a Level One
Approval and by changing the number of times such an approval can be extended (page 10 of
Ordinance);
. Amending Section 4-405, Effect of Decision, by clarifying the effective date of a Level Two (Flexible
Development) approval (page 11 of Ordinance);
. Amending Section 4-406.A, Changes to Level Two Development Approvals, revising minor amendment
provisions for Level Two development approvals (page 12 of Ordinance);
. Amending Section 4-407, Expiration of Approval, by changing the number of times a Level Two
(Flexible Development) approval can be extended (pages 12 through 13 of Ordinance); and
. Amending Article 8, Article 8, Definitions and Rules of Construction, Section 8-102 Definitions by adding
a definition for adopt-a-park signs (page 13 of Ordinance).
Attached please find the staff report for further analysis and Ordinance No. 7106-03.
The Community Development Board will review the proposed ordinance at its regularly scheduled meeting on
August 19,2003 and the Planning Department will report its recommendation at the City Commission meeting.
S: IPlanning DepartmentlCommunity Development CodelO3 - 2003 Code Amendments lOrd. 7106-03 - CIRP, Minor Change, POD and res Signs, Schedule, Time 2
Extension, etclOrd. 7106-03 - agenda cover memo 1st CC TA 2003-01002.doc
CDB Meeting Date:
Case Number:
Ordinance No.:
Agenda Item:
UPDATE:
REQUEST:
INITIATED BY:
.
.
August 19.2003
T A2003-0 1 002
7106-03
Dl
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
The Planning Department had requested a continuance for this case
from the June 17, 2003, Community Development Board meeting
to the July 15, 2003 meeting. Due to an advertising error this case
was required to be continued from that meeting to this, the August
19,2003, meeting.
Amendments to the Community Development Code as relating to
Comprehensive Infill Redevelopment Projects, prohibited signs,
signs in residential areas and portable storage unit signage, changes
to the length of time for Level One (Flexible Standard) and Level
Two (Flexible) development reviews, various clarifications to
which level of review (Minimum Standard, Flexible Standard or
Flexible) a particular subsection refers, clarification of the effect of
a Level One (Flexible Standard) and Level Two (Flexible)
approvals, minor amendment provisions regarding changes to
Level Two development approvals, increasing the number of times
and under what circumstances Level One (Flexible Standard) and
Level Two (Flexible) approvals can be extended and adding a
definition for adopt-a-park signs.
City of Clearwater Planning Department
A. BACKGROUND INFORMATION:
The Planning Department hosted a Frequent Users Group (FUG) meeting on November 15,
2002 in order to solicit concerns and suggestions for the further improvement of the
development review process. Enhancements to the Code with regards to criteria for
Comprehensive Infill Redevelopment Projects, site plan revisions subsequent to Level Two
(Flexible Development) approvals, the timeframe for Level One (Flexible Standard
Development) and Level Two (Flexible Development) development review were included
among the suggestions submitted at that meeting. In addition, Staff has identified several
additional portions of the Code which warrant improvement and/or clarification.
Staff Report - Community Development Board - June 17, 2003 - T A2003-0 I 002 - Page 1
.
.
One amendment contained in this ordinance also addresses the result of a lawsuit filed in
Pinellas County court, State v. PODS, and settled on April 3, 2003, with regards to the
amount of signage permitted on portable storage units. As a part of that settlement the City
agreed to put forward a proposed amendment to the Code increasing the amount of such
sIgnage.
B. ANALYSIS:
Proposed Ordinance No. 7106-03 includes amendments addressing the items listed in the
request above. Please find a description of each proposed amendment with the
corresponding ordinance page number below.
1. Amending Article 2, Zoning Districts, by deleting one of the flexibility
criteria for Comprehensive Infill Redevelopment Projects in the Commercial
(page 2), Tourist (page 2), Downtown (page 2), Office (page 3), Institutional
(page 3), Industrial Research Technology (page 3) and Open Space and
Recreation Districts (page 3);
This amendment will delete the fifth criterion common to all Comprehensive
Infill Redevelopment Projects requiring evidence to be submitted to Staff
indicating that suitable sites for development or redevelopment of the uses or mix
of uses within the Comprehensive Infill Redevelopment Project are not otherwise
available in the City of Clearwater. The City has reviewed numerous applications
which include a Comprehensive Infill Redevelopment Project since the inception
of the Code and it has become evident to Staff that this requirement is onerous
and unreasonable if not impossible. The remaining criteria are primarily
performance based and are effective in ensuring and encouraging quality
development consistent with the purpose and goals of the Code.
2. Amending Article 3, Development Standards, Division 18 Signs, by making
revisions and/or adding provisions to prohibited signs (page 3), signs allowed in
residential zoning districts, decorative street signs for identification of
subdivisions within city rights-of-way (page 5) and adopt-a-park signs located
in city rights-of-way or on other city owned properties (page 5);
This amendment simplifies this portion of the Code by combining the two
subsections addressing signage permitted for single- and multi-family residential
developments into 0 ne su bsection. T he s ignage permitted for both s ingle- and
multi-family developments will be up to two signs with a maximum of 12 square
feet for each entry into single- and multi-family residential developments. This
subsection will also be expanded to provide greater clarification with regards to
where and under what conditions such signs may be located.
Staff Report - Community Development Board - June 17,2003 - TA2003-0l002 - Page 2
.
.
Anew subsection permitting decorative additions to street signs located within
the City rights-of-way is proposed with this ordinance. These signs may be used
to identify neighborhoods. The City will compile a selection of several sign types
from which neighborhoods may choose. Section 3-1803.L, regarding prohibited
signs, will be amended to permit these signs to be located within street rights-of-
way.
A fourth subsection is further proposed which will permit "Adopt-a-park" signs
within City rights-of-way or on City-owned properties. The City will also
compile a selection of several sign types from which adopt-a-park participants
may choose.
3. Amending Article 3, Development Standards, Section 3-2103 (page 6), by
increasing the amount of sign age permitted on portable storage units;
A portion of this ordinance addresses the result of a lawsuit filed in Pinellas County
court, State v. PODS, and settled on April 3, 2003, with regards to the amount of
signage permitted on portable storage units. The amount of signage currently
permitted includes two signs of 12 square inches each. As a part of that settlement
the staff agreed to put forward a proposed amendment to the Code increasing the
amount of such signage to two signs of 12 square feet each.
4. Amending Article 4 Development Review and Procedures by making
revisions to the timeframe for determining application completeness and
sufficiency for Level One (Standard and Flexible Standard) and Level Two
(Flexible Development) development reviews and making certain
clarifications with regards to the type of development review to which these
sections refer:
a) Section 4-202, Determination of Completeness/Sufficiency, C.l,
Determination of Completeness (page 6), C2, Determination of Legal
Sufficiency (page 6) and C.3, Determination of Legal Sufficiency (page 7),
by changing the length of time for Level One (Flexible Standard)
Development Review and providing clarification with regards to which
level of review the section refers;
b) Article 4. Division 3. Permitted Uses: Level One diagram on page CD4:16
of the Code (page 7);
c) Section 4-302.A (page 7), Level One approval, by changing the length of
time for Level One (Flexible Standard) Development Review and
clarifying the type of development review to which the section refers;
d) Section 4-302.B (page 8), Level One approval (Flexible Development), by
clarifying the type of development review to which the section refers;
e) Division 4 Permitted Uses Level Two Chart (page 9) by changing the
length of time for a Level Two (Flexible Development) Review; and
1) Section 4-404 (page 10), Community Development Board Decision, by
changing the length of time for a Level Two (Flexible Development)
Review.
Staff Report - Community Development Board - June 17, 2003 - T A2003-0 1 002 - Page 3
.
.
Since the inception of the Code in early 1999, the DRC and CDB have
reviewed hundreds of applications. The timeframe provided for by the Code
has proven too limiting for an accurate, efficient and effective review of
submitted applications. The Code provides for a maximum of 21 days to
DRC review for Level One (Flexible Standard Development) applications and
45 days from submittal date to CDB review for Level Two (Flexible
Development) applications. The above changes (A.3.a-f) will provide up to
an additional 10 working days resulting in a maximum total of 31 working
days with which to review Level One (Flexible Standard Development)
applications, increase the amount of time available to review Level Two
(Flexible Development) applications by up to 13 working days providing a
maximum total of 58 working days and provide additions which clarify to
which level of review (Minimum Standard, Flexible Standard or Flexible) a
particular subsection refers. The additional time provided by this Code
change will result in a direct benefit to all applicants with a more accurate and
efficient submittal review.
5. Amending Section 4-303 (page 8), Effect of Level One approval, by clarifying
the effective date of a Level One Approval and by changing the number of times
such an approval can be extended;
The Code is currently silent regarding the effective date of Level One (Flexible
Standard Development) approvals. This amendment provides that the date of the
signing of the Development Order (the letter which indicates the decision of the
Community Development Coordinator) constitutes the approval date.
In addition, the Code provides that the community development coordinator may
grant a one-time, one-year time extension for an approved Level One (Flexible
Standard Development) application. This Code amendment will enable an
applicant to receive up to two, one-year time extensions by the community
development coordinator. Each time extension will be required to be granted
within the period of validity of the previous approval whether that be the original
date of approval or the first time extension. The amendment also requires that the
applicant provide proof of good cause documented in writing. Good causes may
include but are not limited to an unexpected national crisis (acts of war,
significant downturn in the national economy, etc.).
6. Amending Section 4-405 (page 10), Effect of Decision, by clarifying the
effective date of a Level Two (Flexible Development) approval;
The Code is currently silent regarding the effective date of Level Two (Flexible
Development) approvals. This amendment provides that the date of the CDB
meeting approving an application constitutes the approval date.
Staff Report - Community Development Board - June 17, 2003 - T A2003-0 I 002 - Page 4
.
.
.
7. Amending Section 4-406.A (page 11) revising minor amendment provisions
for Level Two development approvals;
This amendment will provide a greater degree of flexibility with regards to
changes to approved Level Two (Flexible Development) applications.
Specifically, the amendment will increase the amount by which a street may be
moved from five to 20 feet, allow changes of an approved use provided such a
change is less intense than that originally a pproved, allow the quantification of
required landscaping and permits minor, unsubstantial changes to conditions part
of an approval.
8. Amending Section 4-407 (page 11), Expiration of Approval, by changing the
number of times a Level Two (Flexible Development) approval can be
extended;
The CDB may grant a one-time, one year time extension for an approved Level
Two (Flexible Development). This Code amendment will enable an applicant to
receive a one-time, one year time extension by the community development
coordinator and a second, one-time, one year time extension by the CDB. Each
time extension will be required to be granted within the period of validity of the
previous approval whether that be the original date of approval or the first time
extension. The amendment also requires that the applicant provide proof of good
cause and documented in writing. Good causes may include but are not limited to
an unexpected national crisis ( acts 0 f war, significant d owntum in the national
economy, etc.).
9. Amending Article 8, Article 8. Definitions and Rules of Construction, Section
8-102 Definitions (page 12) by adding a definition for adopt-a-park signs;
This definition will further clarify the addition of Section 3-1806.A.4 which
permits adopt-a-park signs to be located within City rights-of-way or on other City
owned properties.
10. Provision of an effective date of this ordinance;
The effective date of this ordinance shall be August 7, 2003 contingent upon City
Commission approval.
C. FLEXIBILITY CRITERIA FOR TEXT AMENDMENTS (Section 4-601.F.):
1. The proposed amendment is consistent with and furthers the goals, policies
and objectives of the Comprehensive Plan;
The proposed amendments are not inconsistent with goals, policies, or objectives
from the Clearwater Comprehensive Plan.
Staff Report - Community Development Board - June 17,2003 - TA2003-01002 - Page 5
.
.
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 increase the effectiveness of the Code and the
efficiency of staff. These proposed amendments further the following purposes of
the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The Planning Department recommends APPROVAL of Ordinance No. 7106-03 which
revises the Community Development Code as relating to Comprehensive Infill
Redevelopment Projects, prohibited signs, residential, adopt-a-park and portable storage
unit signage, changes to the length of time for Level One (Flexible Standard) and Level
Two (Flexible) development reviews, various clarifications with regards to Level One
and Level Two reviews, clarification of the effect of a Level One (Flexible Standard) and
Level Two (Flexible) approvals, minor amendment provisions regarding changes to
Level Two development approvals, increasing the number of times and under what
circumstances Level One (Flexible Standard) and Level Two (Flexible) approvals can be
extended, adding a definition for adopt-a-park signs and providing an effective date of
this ordinance. ~
Prepared by Planning Department Staff: ~~. f J
Mark . Parr Planner
ATTACHMENT:
Proposed Ordinance No. 7106-03
S:\Planning DepartmentlCommunity Development Code\2003 Code AmendmentslOrd. 7106-03 - CIRP, Minor Change, POD and res
Signs, Schedule, Time ExtensionlOrd. 7106-03 Staff Report - CIRP, Minor Change, POD and res Signs, Schedule, Time Extension.doc
Staff Report - Community Development Board - June 17,2003 - TA2003-01002 - Page 6
.
.
ORDINANCE NO 7106-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY
CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN,
OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH
TECHNOLOGY AND OPEN SP ACE AND RECREATION
DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 18 SIGNS, BY MAKING REVISIONS
AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS
ALLOWED IN RESIDENTIAL ZONING DISTRICTS,
DIRECTIONAL/INFORMATIONAL SIGNS SERVING A PUBLIC
PURPOSE; SUBDIVISION NAME/LOGO 0 N STREET SIGNS
WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS
LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY
OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 21, TEMPORARY USES BY
INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON
PORTABLE STORAGE UNITS; AMENDING ARTICLE 4
DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3
AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR
DETERMINING APPLICATION COMPLETENESS AND
SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT)
DEVELOPMENT REVIEWS, MAKING CERTAIN
CLARIFICATIONS WITH REGARDS TO THE TYPE OF
DEVELOPMENT REVIEW TO WHICH THESE SECTIONS REFER,
CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE
(FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE)
APPROVALS, REVISING MINOR AMENDMENT PROVISIONS
FOR LEVEL TWO DEVELOPMENT APPROV ALS, AND
CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE
STANDARD) AND LEVEL TWO (FLEXIDLE) APPROVAL CAN
BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY
ADDING A DEFINITION FOR ADOPT-A-PARK SIGNS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
on January 21, 1999 which was effective on March 8, 1999; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards, procedures, and
zoning districts which need amendment to improve the development review process; and
.
.
WHEREAS, since the effective date of the new Community Development Code, the
City of Clearwater has reviewed numerous comprehensive infill applications and determined
one criteria to be impractical; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing and
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION 0 F THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Article 2. Division 7. Section 2-704.C Commercial ("C") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
****
5 Suitable sites for development or rede'.'elopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not othenvise
a'lailable in the City of Cleaf\vater;
****
Section 2. Article 2. Division 8. Section 2-803.C Tourist ("T") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
'.vithin the comprehensive infill redevelopment project are not otherwise
available in the City of Cleaf\vater;
****
Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
****
~ Suitable sites for development or redeyelopment of the uses or mix of uses
within the comprehensive infill redeyelopment project are not othef\vise
available in the City of Cleaf\'later;
* * * *
2
.
.
Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
'.vithin the comprehensive infill redevcIopment project are not othef\vise
available in the City of Cleaf\vater;
****
Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~ Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill rede'/elopment project are not othef\vise
available in the City of Cleaf\vater;
****
Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research
Technology ("IRT") is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
****
~ Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensiye infill redeyelopment project are not otherwise
a'lailable in the City of Cleanvater;
* * * *
Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation
("OSR") is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
****
~ Suitable sites for development or rede'lelopment of the uses or mix of uses
'.vithin the comprehensive infill redevelopment project are not otherwise
available in the City of Cleaf\vater;
****
3
.
.
Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803.
Prohibited signs, is hereby amended as follows:
****
L. Signs located on publicly-owned land or easements or inside street rights-of-
way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters
erected pursuant to Section 3-2203 and permitted pursuant to Section 3-
1806(B)(4), and (c) sandwich board signs to the extent permitted in the
Downtown District pursuant to Section 3-1805(V) and (d) as allowed in
Section 3-1806 (A). Prohibited signs shall include but shall not be limited to
handbills, posters, advertisements, or notices that are attached in any way
upon lampposts, telephone poles, utility poles, bridges, and sidewalks.
* * * *
Section 9. Article 3. Development Standards, Division 18 Signs, Section 3-1805.
signs permitted without a permit, is hereby amended as follows:
****
x. Directional/Informational Signs serving a public purpose. A permanent
sign on public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(1) the sign provides directions and/or information regarding public
facilities and/or places of interest and (2) the sign will meet the purposes
of Division 3 to wit: (a) the sign will not conceal or obstruct adiacent land
uses or signs rsection 3-1802(F)]. (b) the sign will not conflict with
adioining sites. (c) the sign will not interfere with or obstruct the vision of
motorists. bicyclists or pedestrians. (d) the sign will be installed and
maintained in a safe manner rsection 3-1802(Ul. (e) the sign is consistent
with Beaeh bv Design. Clearwater Downtown Redevelopment Plan or any
other applicable special area plan and submittal of a master sign plan and
(f) the sign is consistent with the general standards in Section 3-1804. The
city manager or designee shall render a decision within 15 days after an
application is made for utilizing such a sign on public property. The
decision is not subiect to the provisions of Section 4-501(A).
4
.
.
Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806
Permitted signs requiring development review, is hereby amended as follows:
Section 3-1806. Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single-familv subdivision and multi-familv development-entry signs.
a. One freestanding entry sign for each entrance into a platted subdivision of no
more than 24 square feet of total sign face per sign. Unless otherwise
approved by the Community Development Coordinator one freestanding
sign up to 24 square feet of total sign face and up to six feet in height may be
erected at no more than two entrances into a single-family subdivision or
multi-family development. In lieu of one 24 square foot sign. two single-
faced signs not exceeding 12 square feet in area each may be located at an
entrance provided that such signs are placed in a symmetrical manner and/or
are located on opposite sides of the entrance to which they are oriented. will
meet all sight visibility triangle requirements under the provisions of Section
3-904. be installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adioining sites. The
Community Development Coordinator may approve signs to be placed at
additional entrances based on the following criteria: overall size of site.
relationship between building setback and sign location. frontage. access and
visibility 0 f t he site. intended and existing traffic circulation. hierarchy 0 f
signage. consistency with Beach bv Desi}!n. Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and submittal
of a master sign plan for the subdivision or development.
b. The height of a freestanding subdivision sign shall not exceed six feet. Such
sign( s) shall be erected on privately-owned property. In the event there is
insufficient land owned by a single-family subdivision association or multi-
family development developed prior to March 8. 1999. however. the
Community Development Coordinator. Parks and Recreation Department,
and Public Works Administration may approve the location of such sign in a
City right-of-way or on City-owned property provided that such signs are in
compliance with Section 3-1806.A.l.a above and will not obstruct the vision
of motorists. bicyclists or pedestrians. be installed and maintained in safe and
neat manner. will not conflict with the principal permitted use of the site or
adioining sites; and that a City right-of-way permit be obtained prior to the
installation.
c. All freestanding signs shall be installed in a landscaped area of not less than
12 square feet.
5
.
.
d. A freestanding sign for any multi-family development shall include the
address ofthe property on which the sign is to be located.
2. Preestanding multifamily entry sign.
a. One freestanding identity sign per entrance into a multifamily development
of no more than 12 square feet oftotal sign face per sign
b. The height of a freestanding sign shall not exceed six feet.
c. A freestanding identity sign shall include the address of the property on
\.vhich the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-family
subdivision names/logos may be located in City rights-of-way within the
subdivision provided by such signs do not exceed 3.5 square feet in area and are
selected from the approved City street signs catalogue maintained by the Manager
of Traffic Operations. The City and the neighborhood shall enter into an
agreement that prescribes the installation and maintenance requirements of such
~
3. School and park identification monument signs.
a. One monument entry sign for each major entry into a school or a park of
no more than 20 square feet in total sign face per sign.
b. The height of a monument sign shall not exceed five feet.
c. All monument signs shall be installed in a landscaped area of not less than
12 square feet and shall include the address of the property on which the
sign is to be located.
4. AdolJt-A-Park signs. One adopt-a-park sign may be erected in City rights-of-way
or on City-owned property provided the sign design conforms with one of the
City prescribed designs maintained by the Parks and Recreation Department.
Such signs shall not exceed four square feet in area. 18 inches in height. be
located in a landscaped setting and are selected from the approved City street
signs catalogue maintained by the Manager of Traffic Operations The
Community Development Coordinator may approve additional adopt-a-park
signs based on the following criteria: overall size of site. number of entrances.
frontage. access and visibility of the site. intended and existing traffic
circulation.
* * * *
6
.
.
Section 11. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses IS
hereby amended as follows:
****
f. Two sign faces, no more than 12 inches each, shall be permitted on a portable
storage unit; A maximum of two signs no more than 12 square feet in area
each may be located on a portable storage unit;
****
Section 12. Article 4. Division 2. Section 4-202.C.l Application for Development
Approval Determination of Completeness/Sufficiency Determination of completeness is
hereby amended as follows:
1. Determination of completeness. Within.ffi<e seven working days after receipt
of an application for development approval, the community development
coordinator shall determine whether the application is complete.
****
Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development
Approval Determination of Completeness/Sufficiency Determination of legal sufficiency
is hereby amended as follows:
* * * *
2. Determination of legal sufficiency: Level one (minimum standard
development). Within five working days after a determination that a level one
(minimum development standards) application is complete, the community
development coordinator shall determine whether the application is legally
sufficient, that is whether the required application materials have been
prepared in a substantively competent manner. If the community development
coordinator determines that any portion of the application is insufficient, the
community development coordinator shall notify the applicant of the reasons
that the application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted until the
application is resubmitted. Such notification shall constitute an administrative
decision which may be appealed to the community development board
pursuant to Section 4-501 (A)(2).
* * * *
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Section 14. Article 4. Division 2. Section 4-202.C.3 Application for Development
Approval Determination of Legal Sufficiency is hereby amended as follows:
****
3. Determination of legal sufficiency: Level one (flexible standard development),
level two or level three approvals. Within ten ~ working days after a
determination that the application is complete, the members of the
development review committee in the case of level one (flexible standard
development), level two or level three approvals shall determine whether the
application is legally sufficient, that is whether the required application
materials have been prepared in a substantively competent manner. If any
member of the development review committee determines that any portion of
the application is insufficient, the community development coordinator shall
notify the applicant of the reasons that the application is legally insufficient,
that the application is deemed withdrawn and no further development review
shall be conducted until the application is resubmitted. Such notification shall
constitute an administrative decision which may be appealed to the
community development board pursuant to Section 4-501(A)(2).
****
Section 15. Article 4. Division 3. Permitted Uses: Level One chart on page
CD4:16 is hereby amended as follows:
By revising the length of time on the left and right sides of the page between the
first and second boxes (Application for Development Approval and
Determination of completeness, respectively) from "Max. 5 days" to "Max. 7
days"
By deleting the length of time on the right side of the chart (Max. 10 days)
between the third and fourth boxes (Notice to adjacent property owners (Flexible
Standard Development) and Determination of Sufficiency by Development
Review Committee (Level One (Flexible Standard), respectively).
By adding a length of time on the right side of the page between the second and
fourth boxes (Determination 0 f completeness and Determination 0 f Sufficiency
by Development Review Committee, respectively) from "Max. 10 days" to "Max.
18 days."
By revising the length of time on the left side of the page between the fourth and
fifth boxes (Determination of Sufficiency by Community Development
Coordinator (Level One Standard Development) and Community Development
Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days"
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Section 16. Article 4. Division 3. Section 4-302.A Application/approval by
community development coordinator is hereby amended as follows:
Section 4-302. Application/approval by community development coordinator
Level One approval (minimum standard development standards).
A. An applicant for a level one approval (standard minimum development
standards) shall submit an application in accordance with the requirements
of section 4-202 (A) and (F) to the community development coordinator
who shall review the application in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application
demonstrates compliance with the requirements of this Development Code.
Within ten 15 working days of a determination of sufficiency, the
community development coordinator shall approve the application. deny the
application or approve with conditions necessary to make the proposed
development conforming with the applicable general and specific
requirements set out in Articles 2 and 3 including the provisions of section
3-913 in regard to general standards for approval conditions. A
development order shall be issued by the Community Development
Coordinator as e'.'idence of such approval.
****
Section 17. Article 4. Division 3. Section 4-302.B Application/approval by
community development coordinator is hereby amended as follows:
****
B. Level one approval (flexible standard development). An applicant for level
one approval (flexible standard development) shall submit an application in
accordance with the requirements of section 4-202 (A) and (F) to the
community development coordinator who shall review the application with
the development review committee in accordance with the requirements of
section 4-202 (C) and (D) and determine whether the application demonstrates
compliance with this Development Code. Within 20 working days of a
determination of sufficiency, the community development coordinator shall
approve the application, or approve with conditions necessary to make the
proposed development conforming with the applicable general and specific
requirements set out in Articles 2 and 3, including the provisions of section 3-
913 in regard to general standards for approval conditions, or deny the
application for failure to meet the applicable requirements and standards.
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Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is
hereby amended as follows:
Section 4-303. Effect of Level One (flexible standard development) approval.
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within one (1) year of the date of issuance of the initial building
permit. Permitted time frames do not change with successive owners and an
extension of time may be granted by the Community Development Coordinator
for a period not to exceed one (1) year and only within the original period of
validity. The Community Development Coordinator may approve an additional
extension of time not to exceed one year for good cause shown and documented
in writing. The coordinator must receive the request for this extension within the
one-year period of validity after the original time extension. Good causes may
include. but are not limited to. an unexpected national crisis (acts of war.
significant downturn in the national economy. etc.). excessive weather-related
delays. and the like. The Community Development Coordinator may also
consider whether significant progress on the proiect is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the proiect. In the event a proiect is governed by a development agreement.
the timeframes established in the agreement shall supercede these requirements.
Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page
CD4: 18 is hereby amended as follows:
By revising the second box from the top as follows: "Determination of
completeness and sufficiency by Staff."
By revising the third box from the top as follows: "Determination of sufficiency
Qy Development Review Committee (Review)."
By revising the length of time between the first and second boxes (Application for
Development Approval and Determination of completeness, respectively) from
"Max. 15 days" to "Max. 7 days."
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By adding a length of time between the second and third boxes (Determination of
completeness by Staff and Determination of sufficiency by Development Review
Committee (Review), respectively) to read Max. 18 days.
By deleting the length of time (Max. 30 days) between the second and fifth boxes
(Determination of completeness by Staff and Community Development Board
(decision), respectively).
By adding a length of time, Max. 33 days, between the third and fifth boxes
(Determination of Sufficiency by Development Review Committee (Review) and
Community Development Board (Decision), respectively).
Section 20. Article 4. Division 4. Section 4-404 Community Development Board
decision is hereby amended as follows:
Section 4-404. Community development board decision.
Upon receipt of the recommendation of the community development coordinator,
the community development board shall review the application, the
recommendation of the community development coordinator, conduct a quasi-
judicial public hearing on the application in accordance with the requirements of
section 4-206 and grant the approval, grant the approval subject to specified
conditions or deny the application for development approval. The review and
public hearing shall be held within W 33 working days after determination of
completeness and sufficiency, unless the time frame is extended by mutual
consent of the applicant and the city. The community development board shall
render a decision not later than 70 days after the initial hearing unless the time
frame is extended by mutual consent of the applicant and the city. The community
development board shall attach such conditions to the approval which are
necessary to ensure compliance with the applicable general and specific'flexibility
requirements set out in Articles 2 and 3 including the provisions of section 3-911
in regard to general standards for approval conditions.
Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby
amended as follows:
Section 4-405. Effect of a Level Two decision.
Approval of a level two approval shall be deemed to authorize only the particular
use for which it is issued and shall entitle the recipient to apply for a building
permit or any other approval that may be required by this development code, the
city or regional, state or federal agencies. Such approval shall be evidenced by a
written development order issued by the community development coordinator that
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confirms the community development board's decision and shall be effective
upon the date of the board meeting when the decision was rendered.
Section 22. Article 4. Division 4. Section 4-406.A Changes to Level Two
Development Approvals is hereby amended as follows:
A. Minor revisions. The community development coordinator is authorized to
allow minor revisions to an approved Level Two approved after receipt of
comments from the development review committee. A minor revision is one
which:
1. Does not alter the location of any road or wal1c.vay street by more than fi.ve
20 feet.
2. Does not change the use unless such change is of a similar or less
intensity. as determined by the Community Development Coordinator.
3. Does not increase the density or intensity of the development
4. Does not result in a reduction of setback or previously required
landscaping landscape area.
5. Does not result in a substantial change to the location of a structure
previously approved.
6. Does not result in a material substantial modification or the cancellation ef
modification of any condition placed upon the 'I:lSe application as originally
approved.
7. Does not add property to the parcel proposed for development.
8. Does not increase the height of the buildings in a manner that will change
the overall height of the proiect. will not alter the scale of the proiect. does
not exceed the maximum height permitted in by the applicable special area
plan and zoning district.
9. Any other minor revision that does not substantially alter the character and
design of the proiect.
****
Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby
amended as follows:
Section 4-407. Expiration of a Level Two approval.
Unless otherwise specified in the approval, an application for a building permit
shall be made within one year of the date of the Level Two approval, and all
required certificates of occupancy shall be obtained within €ffie two year~ of the
date of issuance of the initial building permit. Permitted time frames do not
change with successive owners:. and aE: An extension of time to initiate a building
permit may be granted by the community development beaffi coordinator
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provided it is for a period not to exceed one year. is for the proiect originally
approved and provided good cause is shown and documented in writing and only
within the original period of validity. The Community Development Coordinator
may also consider whether significant progress on the proiect is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the proiect. The Community Development Board may
approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application. Such extension
shall not exceed one year. shall be for the proiect originally approved and shall be
for good cause shown and documented in writing. The Community Development
Board must receive the request for this extension within the one-year period of
validity after the original extension approved by the community development
coordinator. Good causes may include but are not limited to an unexpected
national crisis (acts of war. significant downturn in the national economy. etc.).
excessive weather-related delays. and the like. In the event a proiect is governed
by a development agreement. the timeframes established in the agreement shall
supercede these requirements. The Community Development Board may also
consider whether significant progress on the proiect is being made and whether or
not there are pending or approved Code amendments which would significantly
affect the proiect. Amendments which will require no or minor amendments (as
provided by Section 4-406.A) may be approved. Amendments which will require
a maior revision to the subiect proiect shall be required to be approved as part of a
new Level Two application. Transfer of development rights are exempt from this
prOVISIon.
Section 24. Article 8. Definitions and Rules of Construction, Section 8-102
Definitions is amended as follows:
* * * *
Sign. adovt a JJark means a sign that recognizes a sponsoring agency which has been
given the opportunity to install and maintain landscaping in city rights-of-way or on
a city-owned property.
****
Section 25. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
Section 26. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
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Section 27. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 28. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 29. 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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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