Loading...
TA2005-11005 TA2005-11005 NCOD Amendments It e ORDINANCE NO. 7582-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE SECTION 4-608 "NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS" BY REVISING THE DESIGNATION CRITERIA, DESIGNATION PROCESS AND REQUIREMENTS OF THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to provide a means of ensuring that infill and redevelopment activities in existing residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood.; and WHEREAS, the City of Clearwater desires to provide more definitive guidance to the residents in applying for designation of "Neighborhood Conservation Overlay Districts"; and WHEREAS, the City of Clearwater desires to re-articulate the "Designation Criteria, Designation Process, and Requirements of the Neighborhood Conservation Overlay District". NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1. Article 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, Section 4- 608. Neighborhood Conservation Overlay Districts are amended as follows: ******************* A. Purpose. The purpose of the neighborhood conservation overlay district is to provide a means of ensuring that infill and redevelopment activities in existing, stable residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood. This is accomplished by the neiqhborhood workinq with the City to develop a specific area plan for the neiqhborhood. which specifies development standards beyond those from the City's Community Development Code, that would otherwise apply. It is not a purpose of this section that the City would become. in any way. involved in the enforcement of elements of individual Deed Restrictions. ******************* 4. +Aefe are no Any significant planned road improvements within the boundaries of the area proposed to be designated as a neighborhood conservation district shall be acknowledqed by the neiqhborhood. and no e e amendments to the standards of this Development Code, nor any specified standards particular to this neiohborhood conservation district shall conflict with those plans; and ******************* D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator In addition to the petition, a list of at least 11 persons who have aoreed to serve on a study committee. and proof of the existence. for at least the past 2 years, of an active homeowner's association with authority over the area proposed for desionation as a neiohborhood conservation district. ******************* 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a minimum gO-day special area planning process for the area proposed for designation. The time frame set for the plan study shall be reflective of the extent of the area under consideration and the complexity of the issues that may be addressed. The scope of the study shall be identified throuoh a ioint process involvino the neiohborhood services manaoer, community development coordinator and the leadership of the study committee. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed to be included in the neighborhood conservation district. The format of the ballot and method of voting shall be approved by the community development coordinator. The results of the vote shall be provided to the community development board and the city commission to be considered when reviewing the proposed development standards. Each development standard forwarded for consideration shall have the support of at least 51 percent of the votes cast. Any costs associated with the conduct of such election shall be paid by the neighborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendmonts to tho e e comprehensi'.'(I plan and a schedule the special area plan for the proposed neighborhood conservation overlay district for approval, and take whatever actions. includinQ processinQ of text amendments under the community development code and amendments to the zoninQ atlas. which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. Tho proposed comprehensive plan amendment, if any, and the proposed neighborhood consorvation overlay district shall be consideres BY the city according to the requirements of soction 4 603 of this dovelopment code for comprohonsive plan amondmonts, Section 4 601 for text amondmonts to tho Community Dovolopment Code and section -1 602 for amendments to the Zoning AtJaG. +- 6. In the event a neighborhood wants to amend the development standards established in a neighborhood conservation district or eliminate the neighborhood conservation district, a petition signed by the owners of at least 60 percent of the real property within the neighborhood conservation district shall be submitted to the community development coordinator. Along with the petitions, the neighborhood shall also submit the purpose of the amendment(s) and reason(s) why a neighborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation, the city manager shall submit a written recommendation to the commission as to whether the I neighborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district shall follow the same process and notice requirements as the original adoption. E. Requirements of the neighborhood. Any neighborhood which receives neighborhood conservation overlay district designation shall be a partner with the city in implementing the provisions of such overlay district by committing to the following: ******************* 2. Providing the initial means of enforcement for any violation of the requirements of the overlay district. If compliance can not be gained by the neighborhood, the city shall commence code enforcement efforts. Section 2. This ordinance shall take effect immediately upon adoption. e PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney e Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk - e CDB Meeting Date: Case Number: Ordinance Number: Agenda Item: February 21. 2006 T A2005-11 005 7582-06 F4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 7582-06 INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: The City Council established a new planning tool in the 1999 Community Development Code known as the Neighborhood Conservation Overlay District (NCOD). The purpose of the NCOD is to ensure that redevelopment activities and infill in existing stable neighborhoods are consistent with the existing character of the neighborhood. Two neighborhoods in the City have been through the required process and have the NCOD designation: Coachman Ridge (August 2001) and Island Estates (September 2002). In 2004 the Planning Department performed an evaluation to determine if those two neighborhoods were meeting their NCOD obligations and whether they received a higher level of City services than other neighborhoods. Additionally, the report concluded that the Planning Department could only develop one NCOD each year due to the time required for such projects. The Planning Department recommended that additional criteria be developed to aid in selecting neighborhoods for participation in the NCOD program. ANALYSIS: Proposed Ordinance No. 7582-06 includes amendments to the purpose, designation criteria and process sections of the NCOD provisions. Please find a summary of each amendment below. 1 S:\Planning Department\Community Development Code\2005 Code Amendments\NCOD\T A2005-ll 005 StaffReport.doc e e 1. Purpose of NCOD (Page 1 of ordinance) The intent of Neighborhood Conservation Overlay Districts is to "provide a means of ensuring that infill and redevelopment activities in existing residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood." The two neighborhoods with NCOD designations currently, Coachman Ridge and Island Estates both entered the process with the focus being to codify existing deed restrictions. The Planning Department is proposing to expand the "Purpose" outlined in Section 4-608.A by clarifying that the neighborhood must work with the City to develop a special area plan and that the NCOD is not a mechanism for codifying neighborhood deed restrictions. 2. Designation Criteria (Pages 2 of ordinance) Section 4-608.BA is intended to keep a neighborhood from using the NCOD designation as a means to stop road improvements or expansion. The proposed amendment would allow a neighborhood with plans to undergo significant road improvements to remain eligible for a NCOD as long as the special area plan did not conflict with the proposed road improvements. 3. Designation Process (Pages 2 - 3 of ordinance) . The NCOD designation relies on an active homeowner's association for the purpose of education and initial enforcement of the NCOD. The Planning Department is proposing to expand the requirements of the application process set forth in Section 4-608.D.1 to include a list of 11 people who have agreed to serve on a study committee and to provide proof of an active homeowners association that has been in place for no less than two years. . The original NCOD ordinance set forth a 90-day special area planning process for the area proposed for designation. Planning staff is proposing a minimum of 90 days for the special area planning process, however depending on the scope and size of the area proposed for designation more time may be necessary. Section 4-608.DA of the proposed amendments also requires that the scope of the special area planning process be identified by the neighborhood services manager, community development coordinator and the leadership of the study committee. . Proposed Ordinance No. 7582-06 revises Section 40608.D.5 and deletes D.6 to better reflect the true process used in developing a NCOD. The current provision specifies that comprehensive plan amendments are prepared while the correct procedure is that a special area plan is prepared and code amendments and a rezoning are adopted to implement the overlay district. 2 S:\Planning Department\Community Development Code\2005 Code Amendments\NCOD\TA2005-11005 StaffReport.doc e e CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. Below please find a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: · Goal 2 - "The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development." · Objective 2.3 - "The City shall encourage the implementation of historic overlay districts, the maintenance of existing historic properties, and the preservation of existing neighborhoods through the use of design guidelines and the implementation of the City's Community Development Code." 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments revise Neighborhood Conservation Overlay District criteria found in Article 4 of the Community Development Code. The proposed amendments are consistent with the following purposes of the Code. · Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality oflife in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; · Section 1-103(C) - It is the further purpose ofthis 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 ofland within the city. 3 S:\Planning Department\Community Development Code\2005 Code Amendments\NCOD\T A2005-11 005 Staff Report.doc e e SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The proposed amendments to the Neighborhood Conservation Overlay District (NCOD), Section 4-608 of the Community Development Code addresses issues identified in the 2004 NCOD evaluation and would further refine the process for neighborhoods to submit for the NCOD designation. The Planning Department Staff recommends APPROVAL of Ordinance No. 7582-06 that revises the Community Development Code. Prepared by Planning Department staff: ~'1 ---r::.U1 Cky Ready, Planner II 4 S:\Planning Department\Community Development Code\2005 Code Amendments\NCOD\T A2005-11005 Staff Report.doc . . Resume Franklin Cky Ready 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 ckv .ready(a)mvc1earwater .com PROFESSIONAL EXPERIENCE . Planner II City of Clearwater . Assistant Planner Dekalb County, Illinois . GIS Technician Center for Transportation Education & Research Ames, Iowa August 2005 to present December 2004 to August 2005 May 2002 to December 2004 Developed Industrial Park layout for City of Perry, Iowa, Comprehensive Land Use Plan for Boone County, Iowa, Growth, Development, and Mainstreet Revitalization Plan for Lake Park, Iowa, Historical Preservation, Mainstreet Revitalization, Growth and Land Use Plan for Seargent Bluff, Iowa. EDUCATION Master of Community & Regional Planning, Iowa State University, 2004 B.S. in Community & Regional Planning, Iowa State University, 2002 B.S in Environmental Studies, Iowa State University, 2002 LICENSES & CERTIFICATES American Planning Association Board Member Ames Zoning Board of Adjustment Sierra Club/Iowa Chapter Iowater Voluntary Water Monitoring Program ISU Community & Regional Planning Club , e T A2005-11 005 - NCOD Amendments - Ordinance 7582-06 T A (Text Amendments to Community Development Code )are not large scale, and do not go to DCA, just PPC staff 21 days before before the I st Public Hearing, i.e. CDB. PPC regulates intensity, density and use. Ifnone of these are affected, it doesn't really have to go to ppe. In this case, a letter was not sent to the PPC for this reason. .. e e ORDINANCE NO. 7582-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE SECTION 4-608 "NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS" BY REVISING THE DESIGNATION CRITERIA, DESIGNATION PROCESS AND REQUIREMENTS OF THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to provide a means of ensuring that infill and redevelopment activities in existing residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood; and WHEREAS, the City of Clearwater desires to provide more definitive guidance to the residents in applying for designation of Neighborhood Conservation Overlay Districts; and WHEREAS, the City of Clearwater desires to re-articulate the Designation Criteria, Designation Process, and Requirements of the Neighborhood Conservation Overlay District: now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. Article 4, Development Review And Other Procedures, Section 4- 608.A Neighborhood Conservation Overlay Districts is amended as follows: A. Purpose. The purpose of the neighborhood conservation overlay district is to provide a means of ensuring that infill and redevelopment activities in existing, stable residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood. This is accomplished by the neiQhborhood workina with the City to develop a special area plan for the neiahborhood. which specifies development standards beyond those from the City's Community Development Code. that would otherwise apply. It is not a purpose of this section that the City would become. in any way. involved in the enforcement of neiahborhood Deed Restrictions. Section 2. Article 4, Development Review And Other Procedures, Section 4- 608.8 Neighborhood Conservation Overlay Districts are amended as follows: Ordinance No. 7582-06 tI e e B. Designation Criteria. The community development director shall be responsible for determining whether a neighborhood is eligible for Neighborhood Conservation Overlay District Designation based on the following criteria: * * * * * * 4. +flefe are no Any significant planned road improvements within the boundaries of the area proposed to be designated as a neighborhood conservation overlav district shall be acknowledaed by the neiQhborhood. and no amendments to the standards of this Development Code. nor any specified standards particular to this neiahborhood conservation district shall conflict with those plans; and * * * * * * * Section 3. Article 4, Development Review And Other Procedures, Section 4- 608.D Neighborhood Conservation Overlay Districts are amended as follows: D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the- real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator In addition to the petition. a list of at least 11 persons who have aareed to serve on a study committee. and proof of the existence. for at least the past 2 years. of an active homeowner's association with authority over the area proposed for desiQnation as a neiahborhood conservation district. * * * * * * * * 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a minimum gO-day special area planning process for the area proposed for designation. The time frame set for the plan study shall be reflective of the extent of the area under consideration and the complexity of the issues that may be addressed. The scope of the study shall be identified throuah a ioint process involvinQ the neiQhborhood services manaQer. community development coordinator and the leadership of the study committee. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee 2 Ordinance No. 7582-06 ., e e shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neighborhood conservation district shall vote on each development standard proposed to be included in the neighborhood conservation district. The format of the ballot and method of voting shall be approved by the community development coordinator. The results of the vote shall be provided to the community development board and the city commission to be considered when reviewing the proposed development standards. Each development standard forwarded for consideration shall have the support of at least 51 percent of the votes cast. Any costs associated with the conduct of such election shall be paid by the neighborhood. 5. Upon completion of a special area plan for a proposed neighborhood conservation district, the city manager shall prepare amendments to the comprehensivo plan and a schedule the special area plan for the proposed neighborhood conservation overlay district for approval, as well as the necessary text amendments and zoninQ atlas amendment. which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if ::my, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section -1 603 of this de'/elopment code for comprohonsi'lo plan amendmonts, Soction 4 601 for text amendments to the Community Development Code and section -1 602 for amendments to the Zoning j\,tlas. 7- 6. In the event a neighborhood wants to amend the development standards established in a neighborhood conservation district or eliminate the neighborhood conservation district, a petition signed by the owners of at least 60 percent of the real property within the neighborhood conservation district shall be submitted to the community development coordinator. Along with the petitions, the neighborhood shall also submit the purpose of the amendment(s) and reason(s) why a neighborhood conservation district should be revised or eliminated. Within 30 days after receipt of such petition and explanation, the city manager shall submit a written recommendation to the commission as to whether the neighborhood conservation district amendment or elimination process should be commenced. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the amendment or elimination process. The amendment or deletion of the overlay district 3 Ordinance No. 7582-06 e e shall follow the same process and notice requirements as the original adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- I S Assistant City Attor ey March 16, 2006 April 6, 2006 ~~~/~ ~ V. Hibbard Mayor Attest: ~. - '-...... . ~~~- \~~ ..> feyn! Goudeau _~ " City Clerk ....;;.. ". < ." ..' .: ,,,":" - /'.- -.'. . . ~. - ,~- - . "'......-.. - ". "..... - - -"- 4 Ordinance No. 7582-06