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ORDINANCE NO. 2164
AN ORDINANCE AMENDING THE ZONING ATLAS OF
THE CITY OF CLEARWATER, FLORIDA, 1980, AS
AMENDED, BY RECLASSIFYING AND ZONING CERTAIN
PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH TO THE EXTENT OF SUCH
CONFLICTI PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS HEREOF; PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, on June 5, 1980, 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 accordance
with the required procedure; and
WHEREAS, the City Commission has fully considered the
recommendations of the Planning and Zoning Board relative to the certain
proposed changes to the Zoning Atlas; and
WHEREAS, prior to formal consideration by the Planning and Zoning
Board numerous unofficial meetings were held with interested parties
providing an opportunity for comment on and input regarding the content
of the proposed Zoning Atlas amendments; and
WHEREAS, the City Commission has evaluated the pattern of
development characteristics as measured by type of use, density and
building height existing at the present time in the mid-Clearwater Beahh
area under consideration; and
WHEREAS, this existing pattern of development has emerged without
benefit of a comprehensive plan; and
WHEREAS, the essential configuration of zoning district boundaries
has not been adjusted in nearly thirty years at which time the population of
the City was some 15, 000 persona; and
WHEREAS, past, current and projected rates of population growth
mandate that the implications of this population growth on trafficways,
utility systems, recreation and open space, housing, economic base and
SEE ORDINANCE
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Ord.:# 2164 .
10/2/80
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environmental resources be considered relative to Existing and potential
future patterns of development; and
WHEREAS, the mid-beach area in primarily accessible to mainland
Clearwater via a single causeway and drawbridge connection; and
WHEREAS, existing vehicular and pedestrian access is constricted
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by the volume of traffic to and from the beach and the limited availability of
private off-street parking; and
WHEREAS, the substantial residential community North of the subject
area is wholly dependent for safe and convenient access to their homes via
the mid-beach area; and
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WHEREAS, the area under consideration is located on a barrier
island the elevation of which is an average six feet below the flood hazard
elevation as established by the National Flood Insurance Administration; and
WHEREAS, existing storm water retention provisions are inadequate
relative to both quantitative and qualitative measures to accommodate
significant additional development; and
WHEREAS, the mid,-beach area is a primary tourist resort and public
bathing beach destination serving a prime City-Wide recreational function; and
WHEREAS, the City Commission is considering the mid-beach area
as the first in a series of some twenty-four prioritized City-wide public
hearings on Zoning Atlas amendments scheduled to implement the objectives
and policies of the Comprehensive Plan; and
WHEREAS, certain of the proposed changes and amendments to the
Zoning Atlas were approved by the City Commission after its evaluation of
all evidence presented at the said public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That for the following reasons relatted to health, safety
and welfare, in accordance with a comprehensive plan and designed to lessen
congestion in the streets; to secure safety from fire, panic, and other
dangers; to promote health and the general welfare; to provide adequate
Ord.#2164
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10/2/80
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light and air; to prevent the overcrowding of land; to avoid undue concentration
of population; and to facilitate the adequate provision of transportation, water,
sewerage, parks, and other public services, it is hereby declared to be =• , Fs
necessary to exercise the police power possessed by the City of Clearwater:
(A) Chapter 163 of the Florida Statutes, specifically Section
163.3194 (1), Florida Statutes, requires that zoning be used as a means
of implementing a comprehensive plan that both the plan and zoning; on the
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land be consistent with each other; and that such zoning is required in -,
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furtherance of the implementation of such plan and in order that the plan
and zoning are consistent;
(B) The amended zoning classifications more nearly reflect the ;
City's Comprehensive Plan and the policy objectives which are a part of
that Plan;
(C) The amended zoning classifications better reflect the current
development characteristics as measured by type of use, density and building
height witnessed in the area reclassified;
(D) The mid-'Clearwater Beach area, because of its geographic
location, configuration and limited means of ingress and egress, has a
limited capability for the movement of "vehicular traffic and the storage of
motor vehicles;
(E) The limited available land area, its elevation and its critical
location relative to the Gulf of Mexico and Clearwater Harbor dictate
measures designed to preclude their overutilization to the detriment of
those living and working there as well as the residents of the entire City; and
(F) By reason of these factors the property set forth in Section 2
of this ordinance should be rezoned.
Section 2. The following described property in Clearwater, Florida,
is hereby classified and zoned as hereinafter indicated, and "The Zoning
Atlas of the City of Clearwater, Florida of 198011, as amended, is amended
to indicate that fact as hereinafter set out.
Ord. N 2164. ,.3..
10/2/80
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A. Zoned as CTF-28 - High Density Commercial-Tourist
Facilities Use District
Lots 1 through 10, inclusive, Replat of Miller' s Subdivision.
according to the map or plat thereof as recorded in Plat
Book 26, page 17 of the Public Records of Pinellas
County, Florida; vacated portion of Ambler Street located
between Miller's Replat and Clearwater Beach Resub. ;
Clearwater Beach Resub., according to the map or plat
thereof as recorded in Plat Book 19, page 96 of the Public
Records of Pinellas County, Florida; Late I through
56, inclusive, Clearwater Beach Park Subdivision,
according to the map or plat thereof as recorded in
Plat Book 10, page 42 of the Public Records of Pinellas
County, Florida.
B. Zoned as RM-Z4_- High Density Multi-Family Use District
Lots I through 9, inclusive, Yacht Basin Subdivision,
according to the map or plat thereof as recorded in
Plat Book 25, page 35 of the Public Records of Pinellas
County, Florida.
C. Zoned as RM-20 - High Density Multi-Family Use District
Block 76 and Block 83 of Partial Replat of Unit 5,
Mandalay Subdivision, according to the map or plat
thereof as recorded in Plat Book 20, page 48 of the
Public Records of Pinellas County, Florida; Lots 1
through 8, inclusive, Block 1; Lots 1 through 7, inclusive,
Lots 12 through 15, inclusive, Block 2; Lots I through 7,
inclusive, Lots 12 through 15, inclusive, Block 3; Lots I
through 7, inclusive, Lots 12 through 15, inclusive, Block
4; Lots 1 through 7, inclusive, Lots 12 through 15, inclusive,
Block 5; N 1 /Z of Lot Z, Lots 3 through 7, inclusive, and
Lot 12, Block 6; and Lots 5 through 7, inclusive, Block 7,
all in Clearwater Beach Subdivision Revised according to
the map or plat thereof as recorded in Plat Book 11, page
5 of the Public Records of Pinellas County, Florida.
D. Zoned as CTF-24 - Commercial-Tourist Facilities Use District
Blocks 77, 78, 79, 82 and 84A of Partial Replat of Unit
5, Mandalay Subdivision, according to the map or plat
thereof as recorded in Plat Book 20, page 48 of the Public
Records of Pinellas County, Florida; North Z19.996 feet
of Lot 9, Block B; Lot 5, Block A, Replat of Blocks 85
and 86, Unit 5, Mandalay Subdivision, according to the
map or plat thereof as recorded in Plat Book 21, page 13
of the Public Records of Pinellas County, Florida; and
Lots I through 3, inclusive, and Lots 11 through 13, inclusive,
Replat of Blocks 80 and 81, Unit 5, Mandalay Subdivision,
according to the map or plat thereof as recorded in Plat
Book 24, page 80 of the Public Records of Pinellas County,
Florida.
SactionZ. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Ord. 021.64
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10/2/80
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Section 4. 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 5. 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, be fined not exceeding
the sum o! Five Hundred Dollars ($500.00). Each day that a violation is
permitted to exist shall constitute a separate offense.
Section 6. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
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 passages
PASSED ON FIRST READING
September 4, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 2, 1980
Mayor-Commissioner
Attest:
City Clerk
Ord ##.2164
10./2/80
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