2646-82ORDINANCE NO. 2646-82
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 1361, AND
AMENDING THE ZONING ATLAS OF THE CITY OF
CLEARWATER, FLORIDA, 1982, AS AMENDED, BY
SETTINC.i FORTH CERTAIN CONDITIONS TO WHICH
'S'HE PROPERTY SO ZONED IS SUBJECT IN ACCORDANCE
WITH PREVIOUS CITY COMMISSION ACTION; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS O F ORDI-
NANCES IN CONFLICT HEREWITH TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR THE SEPARA-
BILITY OF THE PROVISIONS HEREOF; PROVIDING'
FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, on February 7, 1972, the property set out below
was zoned PKB, Parkway Business (now called CP, Commercial Parkway):
From the South corner of Lot 234 of Morningside Estates
Unit 2, as recorded in Plat Book 60, page 33 of the
Public Records of Pinellas County, Florida, and run
S 44.34'45" E, 60.0 feet for the P. O. B. ; thence continue
S 44033145" E, 225 feet; thence run N 45026,1511 E, 295 feet;
thence run N 44.33'45" W, 155 feet; thence run Westerly
110. 00 feet ± to a point on South right of way line of
Flushing Avenue that is 210 feet NE of intersection of
Flushing Avenue and Harn Boulevard as platted in said
Plat took 60, page 33; thence run S 45.26' 15'1 W along
said South right of way line of Flushing Avenue 210 feet '
to P. O. B. ; containing 1.46 acres M. O. L. and being a part'
of Lot 17, Pinellas Groves in the NW 1/4 of Section. 19,
Township 29 South, Range 16 East, and a part of Lot 24,
Pinellas Groves in NE 1 /4 of Section 19, Township 29
South, Range 16 East, Pinellas County, Florida;
and
WHEREAS, at the time of public hearing on such zoning, the City
`. Commission imposed conditions on such zoning as reflected in the minutes of
• the meeting of the City Commission; and
WHEREAS, such conditions were inadvertently left out of the
ordinance; and
WHEREAS, it is necessary to amend such ordinance to more accurately
reflect the action taken by the City Commission; and
WHEREAS, on April 15 1982, the City Commission of the
City of Clearwater, after proper public notice, held a public hearing on certain
proposed changes to the zoning atlas of the City of Clearwater in accor dance
-with procedure as established; and
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Ord.2646,82
S/6/82
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WHEREAS, certain of the proposed changes and amendments to the
zoning atlas were approved by the City Commission after its evaluation of
all evidence presen,,? i at the said public hearing; and
WHEREAS, the Local Government Comprehensive Planning Act
(LGCPA) requires that all development regulations and amendments thereto
related to an adopted comprehensive plan or element thereof be reviewed
by the Local Planning Agency (LPA) for conformance with plans adopted
pursuant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the PCPC
has adopted guidelines with reference, to each required referral process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Ordinance No. 1361, passed on February 7, 1972,
be and the same is hereby amended and supplemented by. the addition of a new _
Section 2 to read as follows:
"Section 2. That the zoning granted in Section 1 is hereby
made subject to the following conditions:
(a) That such property shall be subject to a 42 foot building
height ;
(b) That such property may only be used for professional
office use or restaurant use; and
(c) That no night club may be instituted as a use of
the property. "
Section 2. That all the remaining sections contained in Ordinance
No. '1361.are hereby amended by renumbering such sections .as follows:
"Section 2 3. The Zoning Map of the City of Clearwater,
Florida, of 1971, as amended, and as further amended by
this Ordinance, is hereby re-adopted and approved as so
amended except that it is hereby redesignated.as "The Zoning
Map of the City of Clearwater, Florida of 197211, and Chapter
- 26 of Code of Ordinances, City of Clearwater, Florida, 1962,
the. City zoning ordinance and law, as amended, is hereby amended
in each instance in which a zoning map is referred to by providing
that such zoning map shall be "The Zoning Map of the City of
'`? Clearwater, Florida of 1972". Said Zoning Map consists of a
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title and summary page designated Sheet 1 and additional
separate sheets, each covering a portion of the City as
indicated thereon. The Zoning Map and zoning ordinance
and law of the City of Clearwater as .so amended and adopted
shall be enforced from and after the effective date of this
ordinance.
Section 3 4. All ordinances or parts of ordinances in
conflict herewith are to the extent of such conflict hereby repealed.
Section h S. 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-F)» 6,. Any person or persons, firm or corporation
or association of persons, who shall violate or fail to comply
with any of the terms or provisions of this ordinance shall,
upon conviction in the Municipal Court, be fined not exceeding
the sum of Five Hundred Dollars ($500.00), or imprisonment
in the City Jail for not exceeding sixty (60) days, or by both
such fine and imprisonment in the discretion of the Municipal Judge;
Section-& 7. The Planning Director is directed to include
and set out and show upon the official zoning map of the
City of Clearwater the foregoing amendments as hereinabove
set out.
Section a- 8. The provisions of this ordinance shall take
effect immediately upon its passage. "
Section 3. The City of Clearwater does hereby certify that the
measures contained in this ordinance are consistent and in conformance
with the City's Comprehensive Plan and individual elements thereof adopted
pursuant to the LGCPA and directs that same be forwarded t016 LPA for
their receipt and appropriate action.
Section 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section S. 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 hat'
been properly advertised in a. newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
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Section 7. The Planning Director is directed to include and set out
and show upon the, official zoning atlas of the City of Clearwater the foregoing
amendments as hereinabove set out.
Section B. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING Aril 15. 1982
PASSED ON SECOND AND FINAL,
READING AND ADOPTED May 6, 1982
Mayor-Ca missioner 16
A `I fat:
City, Clerk. ,
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