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6835-01 ORDINANCE NO. 6835-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS FOR CONTINUANCES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD OF THE CITY CLERK; BY ALLOWING UP TO FOUR ALTERNATES TO SERVE ON A NEIGHBORHOOD CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING EACH PROPOSED DEVELOPMENT STANDARD PROPOSED IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT OF THE CREATION OF A NEIGHBORHOOD CONSERVATION DISTRICT TO BE CONSIDERED PURSUANT TO THE PROVISIONS OF SECTION 4-601; BY ESTABLISHING A PROCEDURE FOR AMENDING ANY DEVELOPMENT STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT OR ELIMINATING A NEIGHBORHOOD CONSERVATION DISTRICT IN ITS ENTIRETY; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE, BY ELIMINATING THE PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the public hearing notice requirements, the neighborhood conservation overlay district provisions and the transfer of development rights provisions and determined that existing regulations need to be amended; and WHEREAS, it is very costly to the City of Clearwater to provide certain notices for public hearings that are continued to a date certain; WHEREAS, it is necessary to provide the City Commission with information regarding neighborhood support of each proposed development standard of a neighborhood conservation district; and Ordinance No. 6835 -01 WHEREAS, it is necessary to have a procedure for amending the development standards of a neighborhood conservation district or even eliminate a neighborhood conservation district; and WHEREAS, to be more consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended with regard to transfer of development rights; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the Clearwater City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 4, Development Review and Other Procedures, Section 4- 206(E), Notices and Public Hearings is hereby amended as follows: E. Continuances. A hearing may be continued to a specified date, time and place. The city clerk shall cause notice to be given to all persons originally entitled to notice, of the date, time and place of such continued hearing in tho Gamo no less than seven days prior to such hearina and in the manner as specified in sections -4 206(C) 4-206(C)(2)(b). (c) and (d). Section 2. Article 4, Development Review and Other Procedures, Section 4- 608, Neighborhood Conservation Overlay District is hereby revised as follows: Section 4-608, Neighborhood Conservation Overlay District. ************ D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the community development coordinator and initiated by a petition signed by the owners of 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the city clark community development coordinator. 2 Ordinance No. 6835-01 2. Within 30 days after receipt of a petition, the city manager shall submit a written recommendation as to whether the neighborhood conservation district designation process should be commenced for the area proposed for designation. If the city manager recommended that the commission commence the neighborhood conservation district designation process, the city manager shall include the nomination of 11 persons to serve as a neighborhood conservation study committee for the area proposed for designation with the recommendation. If the city manager recommends that the designation not be commenced, the city manager shall specify the reasons for his recommendation. 3. Upon receipt of the recommendation of the city manager, the city commission shall consider the petition at a public meeting and determine whether to commence the neighborhood conservation district designation process for the area proposed for designation and shall appoint a neighborhood conservation study committee made up of a chairman and six members selected from the persons nominated by the city manager. The study committee may also include a maximum of four (4) alternate committee members. 4. When a neighborhood conservation study committee is appointed, the city manager shall initiate a gO-day special area planning process for the area proposed for designation. The study committee shall serve as an advisory body during the special area planning process and shall hold at least four public meetings during the process. The city manager shall provide staff assistance to the study committee and the study committee shall approve a special area plan including the goals, policies and objectives for the proposed neighborhood conservation district, a specification of the provisions of this development code which would otherwise be applicable which should be modified for the proposed neighborhood conservation district and a specification of additional development standards which are necessary and appropriate to protect the health, safety and welfare of the proposed neighborhood conservation district. The owners of real property within the proposed neiqhborhood conservation district shall vote on each development standard proposed to be included in the neiqhborhood conservation district. The format of the ballot and method of votina shall be approved by the Community Development Coordinator. The results of the vote shall be provided to the Community Development Board and the City Commission to be considered when reviewinq the proposed development standards. Each development standard forwarded for consideration shall have the support of at least fifty-one (51) percent of 3 Ordinance No. 6835-01 the votes cast. Anv 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 comprehensive plan and a neighborhood conservation overlay district which are necessary and appropriate to implement the special area plan for the proposed neighborhood conservation district. 6. The proposed comprehensive plan amendment, if any, and the proposed neighborhood conservation overlay district shall be considered by the city according to the requirements of section 4-603 of this development code for comprehensive plan amendments, section 4-601 for text amendments to the Community Development Code and section 4-602 for amendments to the zoning atlas. 7. In the event a neighborhood wants to amend the development standards established in a neiahborhood conservation district or eliminate the neiahborhood conservation district. a petition signed bv the owners of sixty (60) percent of the real property within the neighborhood conservation district shall be submitted to the Community Development Coordinator. Alono 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 manaoer 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 manaoer. the city commission shall consider the petition at a public meetino 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 reauirements as the orioinal adoption. ********** Section 3. Article 4, Development Review and Other Procedures, Section 4- 1402, Allocated development rights are freely transferable, is hereby amended as follows: No moro than 20 pOroOAt of tho dDevelopment rights of a previously developed site may be transferred to any site at any time, to the same extent and in the same manner as any other interest in real property provided that the density and/or intensity of the receiving site is not exceeded by 20 percent of the development potential of the 4 Ordinance No. 6835-01 site prior to the transfer. The transfer shall be in the form of a special warranty deed which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. The special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING September 6, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED September 20, 2001 Approved as to form: Attest: ~~,(Jn:r-,~~ ..J.,1J Cyn a . Goudeau o City Clerk - -- - - Dougall Assistant City Attorney 5 Ordinance No. 6835-01