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7949-08 ORDINANCE NO. 7949-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE PLAN AND THE COUNTYWIDE FUTURE LAND USE PLAN BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", REGARDING THE HIGH DENSITY RESIDENTIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO FOR SAID DESIGNATION; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL" REGARDING THE COMMERCIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RA TIOIIMPERVIOUS SURFACE RATIO, AND OVERNIGHT ACCOMMODATIONS UNITS PER ACRE FOR SAID DESIGNATION; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community. Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre Maximum Floor Area Ratio/Impervious of Land Surface Ratio Residential High 30 dwelling units per acre FAR .601ISR .85 Ordinance No. 7949-08 I Resort Facilities High I 30 dwelling units per acre I FAR 1.0/ISR .95 Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Maximum Dwelling Units Maximum Floor Area Ratio Maximum Overnight Use Desiffnation per Acre of Land / Impervious Surface Ratio Accommodationt! Units Per Acre Commercial Neighborhood 10 dwelling units per acre FAR .40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR .45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .95 40 units per acre ResidentiallO ffice/Retai I 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Resort Facilities Hiuh 30 dwellinD units ner acre FAR I.O/ISR .95 50 units per acre Section 3. Amendments to the Community 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 4. 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 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Apr; 1 17, ?()()A 2 Ordinance No. 7949-08 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougal- Assistant City At May 1, 2008 ~,. ~/ ~ '--F'rank V. Hibbard Mayor Attest: 3 Ordinance No. 7949-08