7294-04
ORDINANCE NO, 7294-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION V. CATALYTIC
PROJECTS, SUBSECTION B. COMMUNITY REDEVELOPMENT
DISTRICT DESIGNATION BY EXTENDING THE TIMEFRAME
THE POOL OF 600 ADDITIONAL HOTEL ROOMS IS
AVAILABLE FROM FIVE (5) YEARS TO TEN (10) YEARS; BY
REVISING THE CHARACTERISTICS WHICH MAKE A
PROJECT ELIGIBLE FOR ADDITIONAL HOTEL UNITS; BY
REVISING THE LAND AREAS ELIGIBLE FOR THE POOL OF
ADDITIONAL HOTEL ROOMS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public
infrastructure and private improvements are necessary to improve the tourist appeal and
citizen enjoyment of the Beach; and
WHEREAS, the City of Clearwater has invested significant time and resources in
studying Clearwater Beach; and
WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,
contains specific development standards and design guidelines for areas of Clearwater
Beach that need to be improved and/or redeveloped; and
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing
the Administration of the Countywide Future Land Use Plan, as amended, Section
2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the
Community Redevelopment District plan category, and said Section requires that a special
area plan therefore be approved by the local government; and
WHEREAS, the proposed amendment to Beach by Design has been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendment to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
Ordinance No. 7294-04
WHEREAS, on November 15, 2001 and December 13, 2001 the City Council of the
City of Clearwater reviewed and approved Beach by Design; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended by revising the 3rd paragraph on page
44 as follows:
B, Community Redevelopment District Designation
* * * *
In order to stimulate the desired catalytic resort projects, Beach by Design establishes a
limited pool of 600 additional hotel rooms which would be available for use at one or
more sites within designated priority redevelopment areas for a period of five (5) ten
.L1Qlyears. This period would run from the date that the Community Redevelopment
District is approved by the County and accepted by the State:. In the event that the units
were not allocated pursuant to Beach by Design within five (5) ten (10) years, the pool
of units would cease to exist.
* * * *
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended by revising the first bullet on page 46,
which is fifth characteristic required for a resort using the density pool, as follows:
* * * *
. require a legally enforceable covenant to implement a trip generation
management program which promotes non-vehicular access to and from the
resort which shall include at least airport shuttle pro'Jided as a part of tho basic
room rate and resort-provided transportation to off-site amenities and attractions.
* * * *
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Ordinance No. 7294-04
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended by revising the third bullet on page 46,
which is seventh characteristic required for a resort using the density pool, as follows:
* * * *
. no more than 25% of the rooms may have full kitchen facilities, defined as
consistino at a minimum of full-size refrioerator, sink and conventional ranoe.
The remainder of rooms may have partial kitchen facilities, defined as includinQ
fewer than all of the foreooino appliances, or mini-kitchens. defined as includino
solelv reduced-size kitchen appliances.
* * * *
Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended by deleting the last bullet on page 46
which is the fourteenth characteristic required for a resort using the density pool as
follows:
* * * *
. subject to 3 log311y onforco3blo cO'lommt obligating the resort to participate in 3
Cle3rwater Be3ch oper3tion and maintenance assessment program
* * * *
Section 5. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended by revising the aerial photograph on
page 47 which depicts the areas eligible for additional hotel rooms as shown in the
attached "Exhibit "A"; and
Section 6. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 7. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 8. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered separable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 9. This ordinance shall take effect immediately upon adoption.
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Ordinance No. 7294-04
PASSED ON FIRST READING
June 17, 2004
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
~fHtLUi Olfalp- - 1Jvai:; c~ ~
~ Cynthia E. Goudea~
City Clerk
Leslie K. Dougall-SI s
Assistant City Attorney
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Ordinance No. 7294-04
Exhibit A
Ordinance No. 7294-04