The URL can be used to link to this page

TA2006-06004 Clayton, Gina From: Dougall-Sides, Leslie Sent: Wednesday, June 21, 2006 12:04 PM To: Clayton, Gina; Hollander, Gwen Subject: RE: Ord. 7660-06 Importance: High Final final version: ~ ®~ 7660-06.doc -----Original Message----- From: Clayton, Gina Sent: Wednesday, June 21, 2006 11:34 AM To: Hollander, Gwen Cc: Dougall-Sides, Leslie Subject: RE: Ord. 7660-06 Importance: High This amended ordinance includes the revision in the title but not in Section 2. Is there a different version? Also - should the last WHEREAS clause contain the exemption for sites exceeding 2.5 acres? -----Original Message----- From: Hollander, Gwen Sent: Wednesday, June 21, 2006 11:16 AM To: Clayton, Gina Cc: Dougall-Sides, Leslie Subject: RE: Ord. 7660-06 I believe this is the latest version - «File: 7660-06.doc » -----Original Message----- From: Clayton, Gina Sent: Wednesday, June 21, 2006 9:54 AM To: Hollander, Gwen Subject: Ord. Gwen -can you send me the final version of the moratorium ordinance? Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater ginn.claytonC`~myclearwater.com 727-562-4587 Clayton, Gina From: Dougall-Sides, Leslie Sent: Tuesday, June 20, 2006 9:49 AM To: Dougall-Sides, Leslie; Hollander, Gwen; Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina; Clayton, Gina Subject: RE: ordinance title Importance: High Planning was to provide a map of the subject area to go with the advertisement. The ad should follow the format used for the last such ordinance, No. 7385-05, entitled "Notice of Proposed Development Moratorium". -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, June 19, 2006 9:23 AM To: Hollander, Gwen; Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina Subject: RE: ordinance title Importance: High Planning just sent me a change to the Ordinance which necessitates a change to the title. Here is the new Title, you should use this one for TA2006-03004: ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS; AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. -----Original Message----- From: Hollander, Gwen Sent: Monday, June 19, 2006 9:17 AM To: Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina; Dougall-Sides, Leslie Subject: 1=W: ordinance title The below title is for TA2006-03004, code amendment, not an annexation. I apologize for the error. -----Original Message----- From: Hollander, Gwen Sent: Monday, June 19, 2006 8:52 AM To: Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina; Dougall-Sides, Leslie Subject: ordinance title Attached is the title for ANX2006-04014. ORDINANCE NO. 7660-06 AN ORDIf~NCE OF THE CITY OF CLEARWA~R, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS LESS THAN 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. Gwen Hollander Legal Department City of Clearwater 727-562-4013 ORDINANCE NO.7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, .FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development regulations; and WHEREAS, the Beach by Design Special Area Plan ("Beach by Design") was adopted by Ordinance No. 6689-01 as a Special Area Plan pursuant to the provisions of the City's Comprehensive Plan, Florida Statutes Chapters 163 and 166, and Pinellas County Countywide Rules, and subsequently amended; and WHEREAS, the current provisions of Beach by Design regarding the Marina Residential District were based upon conditions prevalent in 2001, and thus Beach by Design does not adequately balance development incentives with the provision of public benefits and amenities; and WHEREAS, the provision of public access and the preservation of .Florida working waterfronts pursuant to Florida Statutes Section 197.303, et seq., are important goals, and Ordinance No. 7633-06, encouraging working waterfronts, has been adopted by the City of Clearwater effective June 15, 2006; and WHEREAS, it is desirable to enhance development options and to provide greater development flexibility at lower thresholds than are currently set forth in Beach by Design, and to provide incentives and opportunities for redevelopment leading to more close alignment with public expectations; and WHEREAS, Beach by Design currently allows mixed-use development only on the northern and southern blocks of the Marina Residential District Subarea and not within the middle blocks thereof, which may be overly restrictive given current market conditions and Land Development Code provisions; and Ordinance No. 7660-06 WHEREAS, it is necessary to conduct further study in order to develop appropriate standards for the Subarea, such as setback requirements and design standards; and WHEREAS, it is therefore necessary to curtail certain uses during the time period required for study of the above matters and for implementation of study results by means of appropriate amendments to Beach by Design and the Land Development Code; and WHEREAS, such study and result implementation are expected to take up to and including January 30, 2007 to process; and WHEREAS, it is necessary to impose a development moratorium, with certain exemptions, upon development occurring within the Marina Residential District Subarea of the Beach by Design Special Area Plan in order that such study and result implementation may occur; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater, Florida hereby finds that a moratorium on certain development, including processing and issuance of certain approvals and permits, is necessary in order to protect the public health, safety, and welfare for a period during the pendency of the City's planning study process and the adoption of appropriate amendments to Beach by Design and the Land Development Code. Section 2. A moratorium is hereby imposed upon the following: Within the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning.Clearwater Beach, all comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, other than: 1. those relating to development of a parcel exceeding 2.5 acres in area; 2. building and related permits for developments with current unexpired development orders which had applied for building permits by July 1, 2006; and 3. renovation and repair permits required to maintain existing standards of the building. Section 3. During the period of this moratorium the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications, concerning such matters. 2 Ordinance No. 7660-06 Section 4. The moratorium established by this Ordinance shall commence on the effective date of this Ordinance and shall remain in effect through and including January 30, 2007. Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 6. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: `-J Leslie K. Dougall-Si es Assistant City Attorney July 20, 2006 August 3, 2006 nk V. Hibbard Mayor Attest: ~~.~: ~: Cy is E. Goudeau Ci lerk 3 Ordinance No. 7660-06 ~ ~ ~v ~~,~n ~~~ ~~ ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development regulations; and WHEREAS, the Beach by Design Special Area Plan ("Beach by Design") was adopted by Ordinance No. 6689-01 as a Special Area Plan pursuant to the provisions of the City's Comprehensive Plan, Florida Statutes Chapters 163 and 166, and Pinellas County Countywide Rules, and subsequently amended; and WHEREAS, the current provisions of Beach by Design regarding the Marina Residential District were based upon conditions prevalent in 2001, and thus Beach by Design does not adequately balance development incentives with the provision of public benefits and amenities; and WHEREAS, the provision of public access and the preservation of Florida working waterfronts pursuant to Florida Statutes Section 197.303, et seq., are important goals, and Ordinance No. 7633-06, encouraging working waterfronts, has been adopted by the City of Clearwater effective June 15, 2006; and WHEREAS, it is desirable to enhance development options and to provide greater development flexibility at lower thresholds than are currently set forth in Beach by Design, and to provide incentives and opportunities for redevelopment leading to more close alignment with public expectations; and WHEREAS, Beach by Design currently allows mixed-use development only on the northern and southern blocks of the Marina Residential District Subarea and not within the middle blocks thereof, which may be overly restrictive given current market conditions and Land Development Code provisions; and Ordinance No. 7660-06 WHEREAS, it is necessary to conduct further study in order to develop appropriate standards for the Subarea, such as setback requirements and design standards; and WHEREAS, it is therefore necessary to curtail certain uses during the time period required for study of the above matters and for implementation of study results by means of appropriate amendments to Beach by Design and the Land Development Code; and WHEREAS, such study and result implementation are expected to take up to and including January 30, 2007 to process; and WHEREAS, it is necessary to impose a development moratorium, with certain exemptions, upon development occurring within the Marina Residential District Subarea of the Beach by Design Special Area Plan in order that such study and result implementation may occur; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater, Florida hereby finds that a moratorium on certain development, including processing and issuance of certain approvals and permits, is necessary in order to protect the public health, safety, and welfare for a period during the pendency of the City's planning study process and the adoption of appropriate amendments to Beach by Design and the Land Development Code. Section 2. A moratorium is hereby imposed upon the following: Within the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater Beach, all comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, other than: 1. those relating to development of a parcel exceeding 2.5 acres in area; 2. building and related permits for developments with current unexpired development orders which had applied for building permits by July 1, 2006; and 3. renovation and repair permits required to maintain existing standards of the building. Section 3. During the period of this moratorium the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications, concerning such matters. 2 Ordinance No. 7660-06 • ~. Section 4. The moratorium established by this Ordinance shall commence on the effective date of this Ordinance and shall remain in effect through and including January 30, 2007. Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 6. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7660-06 BAYMONT `-_._~.~ i 1 t~' ~~~'~ _,___.____ ____ __. a _. o __.~_ _____,Z ;~ a W~ ;W ~~ ray ti r ~ ; f ~.._. I ~ /-. MEMORIAL t~ ~ ?~' 11... i ~ a j f 1 ~ i .._..u........_...._.. _..._.. j 1.~.._J......._~. _.,_. v. f .._._..._....__.__.__' Marina District PAPAYA • CDB Meeting Date: Case Number: Ord. No.: Agenda Item: July 19, 2006 TA2006-06004 7660-06 F-4 CITY OF CLEAR`V~'ATER PLANNING DEPARTMENT STAFF REPORT MARINA RESIDENTIAL DISTRICT MORATORIUM BACKGROUND: In 2001 the City adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan sets forth a series of strategies for the revitalization of Clearwater Beach and establishes eight distinct character districts that regulate allowable land uses, locations of uses and generally the scale of development. The Marina Residential District established in Beach by Design is bounded by Clearwater Harbor on the east, Poinsettia Avenue on the west, Pier 60 Drive on the south and the northern property line of the Belle Harbor development on the north (see Marina Residential District Boundaries Map). It is comprised of approximately 14 acres of land and described in Beach by Design as primarily residential in nature with a few motel and restaurant uses. Due to the shallow nature of many of the parcels in this district, the Marina Residential District provisions focus on achieving the consolidation of property through several redevelopment scenarios. The most desired scenario envisions the entire district to be consolidated under single ownership and includes the development of a marina-based hotel with the assistance of the resort density pool. In the event this consolidation did not occur, the District provides for development scenarios of five acres or two and one-half acres that include significant height allowances. Any development scenario utilizing the consolidation incentives would be required to dedicate an easement for a public "Bayside Boardwalk." In the event these consolidations do not occur, Beach by Design provides for single lot development but imposes significant height restrictions on that development. ANALYSIS: Since the passage of Beach by Design, beach properties have experienced unprecedented increases in value. Also during this time, significant redevelopment activities have occurred on Clearwater Beach. Approximately 70 site plan applications for new construction on Clearwater Beach have been submitted to the Planning Department for processing since Beach by Design was adopted in 2001. Of that total, only two have been approved in the Marina Residential District. Staff Report -Community Development Board -July 18, 2006 -Case TA2006-06004 1 ® • One of the approved projects was the Belle Harbor Condominiums located at the northern boundary of the Marina Residential District. This project has rendered the single property consolidation scenario impossible. The escalating cost of land on Clearwater Beach has made the remaining consolidation scenarios very difficult to achieve. Given current market conditions, the preferred development options of significant lot consolidation appear difficult to achieve and the resulting public benefits of access to the waterfront will not be attained. To assist in the redevelopment of the Marina Residential District in a manner that promotes the public interest, it is necessary to better balance development incentives with provisions of public benefits and amenities. To that end a six-month moratorium is to be considered for the Marina Residential District (between August 3, 2006 -January 30, 2007). The proposed moratorium will preclude the processing of comprehensive plan amendments, rezonings, development approvals, development orders, building permits and other related permits in the Marina Residential District except for those relating to a parcel exceeding 2.5 acres in area. During the moratorium the Planning Department will prepare and process revisions to the Marina Residential District that will refine the vision for the district by creating a development framework that balances development incentives at lower thresholds with the provision of public benefits and amenities. Goals of the revisions will be to: • Develop greater flexibility with regard to the location of uses within the district; • Permit overnight accommodations throughout the district; • Ensure public access to and the preservation of the waterfront; and • Provide incentives and opportunities for redevelopment that is more closely aligned with public expectations. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find a selected list of policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendment to the Community Development Code. 2.1.2 Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic area of Clearwater Beach, enhancement of public rights-of--way, the vacation of public rights-of--way when appropriate, transportation improvements, inter-beach and intra-beach Staff Report -Community Development Board -July 18, 2006 -Case TA2006-06004 2 transit, transfer of development rights and the use of design guidelines pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 2.1.3 The area governed by Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines shall be recognized on the Countywide Future Land use map as a Community Redevelopment District. This area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway with a Future Land Use designation of Recreation/Open Space shall be excluded from the community Redevelopment District. The above policies indicate the City's commitment to beach renewal in compliance with the provisions of Beach by Design, the special area plan for Clearwater Beach. The policies support the establishment of districts within the Plan area and indicate that the Plan area is designated as a Community Redevelopment District. The proposed moratorium will provide an opportunity for the provisions of Beach by Design to be amended to provide a more attainable development framework for the Marina Resdiential District. 5.1.3 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restates in Section 163,3194(4)(a), Florida Statutes. The proposed moratorium is for a specific timeframe of six months and does not permanently take away property rights. During the moratorium, development of a parcel that exceeds 2.5 acres in area can be processed. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment is consistent with the following purposes of the Code. ~ Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Staff Report -Community Development Board -July 18, 2006 -Case TA2006-06004 3 • • The imposition of a moratorium for six months provides the necessary time to develop revisions for the Marina Residential District that will provide a more realistic framework for redevelopment. The goals of the revisions are to enhance the character of this area and improve the quality of life for all residents and property of owners by ensuring quality design of the built environment and public access to the waterfront • Section 1-103(E)(2) -Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The proposed moratorium will enable the City to develop more specific provisions to govern land use and the scale and intensity of development within the Marina Residential District. The clarification of these provisions will assist in the orderly and beneficial development of land within this area. Adequately balancing incentives and opportunities for redevelopment with the provision of public benefits and amenities will lead to economic stability within the area. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with the Comprehensive Plan and the purposes of the Community Development Code for the reasons cited above. The Planning Department Staff recommends APPROVAL of Ordinance No. 7660-06 that imposes a moratorium for a period of six months. Pre ared b Plannin De artment Staff: '~ p Y g p Gina L. Clayton, Assistai{ Planning Director Attachments: Marina Residential District Boundaries Map Ordinance No. 7660-06 Staff Report -Community Development Board -July 18, 2006 -Case TA2006-06004 4 • • ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development regulations; and WHEREAS, the Beach by Design Special Area Plan ("Beach by Design") was adopted by Ordinance No. 6689-01 as a Special Area Plan pursuant to the provisions of the City's Comprehensive Plan, Florida Statutes Chapters 163 and 166, and Pinellas County Countywide Rules, and subsequently amended; and WHEREAS, the current provisions of Beach by Design regarding the Marina Residential District were based upon conditions prevalent in 2001, and thus Beach by Design does not adequately balance development incentives with the provision of public benefits and amenities; and WHEREAS, the provision of public access and the preservation of Florida working waterfronts pursuant to Florida Statutes Section 197.303, et seq., are important goals, and Ordinance No. 7633-06, encouraging working waterfronts, has been adopted by the City of Clearwater effective June 15, 2006; and WHEREAS, it is desirable to enhance development options and to provide greater development flexibility at lower thresholds than are currently set forth in Beach by Design, and to provide incentives and opportunities for redevelopment leading to more close alignment with public expectations; and WHEREAS, Beach by Design currently allows mixed-use development only on the northern and southern blocks of the Marina Residential District Subarea and not within the middle blocks thereof, which may be overly restrictive given current market conditions and Land Development Code provisions; and Ordinance No. 7660-06 • WHEREAS, it is necessary to conduct further study in order to develop appropriate standards for the Subarea, such as setback requirements and design standards; and WHEREAS, it is therefore necessary to curtail certain uses during the time period required for study of the above matters and for implementation of study results by means of appropriate amendments to Beach by Design and the Land Development Code; and WHEREAS, such study and result implementation are expected to take up to and including January 30, 2007 to process; and WHEREAS, it is necessary to impose a development moratorium, with certain exemptions, upon development occurring within the Marina Residential District Subarea of the Beach by Design Special Area Plan in order that such study and result implementation may occur; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater, Florida hereby finds that a moratorium on certain development, including processing and issuance of certain approvals and permits, is necessary in order to protect the public health, safety, and welfare for a period during the pendency of the City's planning study process and the adoption of appropriate amendments to Beach by Design and the Land Development Code. Section 2. A moratorium is hereby imposed upon the following: Within the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater Beach, all comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, other than those relating to development of a parcel exceeding 2.5 acres in area. Section 3. During the period of this moratorium the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications, concerning such matters. Section 4. The moratorium established by this Ordinance shall commence on the effective date of this Ordinance and shall remain in effect through and including January 30, 2007. 2 Ordinance No. 7660-06 • Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 6. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7660-06 ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development regulations; and WHEREAS, the Beach by Design Special Area Plan ("Beach by Design") was adopted by Ordinance No. 6689-01 as a Special Area Plan pursuant to the provisions of the City's Comprehensive Plan, Florida Statutes Chapters 163 and 166, and Pinellas County Countywide Rules, and subsequently amended; and WHEREAS, the current provisions of Beach by Design regarding the Marina Residential District were based upon conditions prevalent in 2001, and thus Beach by Design does not adequately balance development incentives with the provision of public benefits and amenities; and WHEREAS, the provision of public access and the preservation of Florida working waterfronts pursuant to Florida Statutes Section 197.303, et seq., are important goals, and Ordinance No. 7633-06, encouraging working waterfronts, has been adopted by the City of Clearwater effective June 15, 2006; and WHEREAS, it is desirable to enhance development options and to provide greater development flexibility at lower thresholds than are currently set forth in Beach by Design, and to provide incentives and opportunities for redevelopment leading to more close alignment with public expectations; and WHEREAS, Beach by Design currently allows mixed-use development only on the northern and southern blocks of the Marina Residential District Subarea and not within the middle blocks thereof, which may be overly restrictive given current market conditions and Land Development Code provisions; and Ordinance No. 7660-06 WHEREAS, it is necessary to conduct further study in order to develop appropriate standards for the Subarea, such as setback requirements and design standards; and WHEREAS, it is therefore necessary to curtail certain uses during the time period required for study of the above matters and for implementation of study results by means of appropriate amendments to Beach by Design and the Land Development Code; and WHEREAS, such study and result implementation are expected to take up to and including January 30, 2007 to process; and WHEREAS, it is necessary to impose a development moratorium, with certain exemptions, upon development occurring within the Marina Residential District Subarea of the Beach by Design Special Area Plan in order that such study and result implementation may occur; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater, Florida hereby finds that a moratorium on certain development, including processing and issuance of certain approvals and permits, is necessary in order to protect the public health, safety, and welfare for a period during the pendency of the City's planning study process and the adoption of appropriate amendments to Beach by Design and the Land Development Code. Section 2. A moratorium is hereby imposed upon the following: Within the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater Beach, all comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, other than those relating to development of a parcel exceeding 2.5 acres in area. Section 3. During the period of this moratorium the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications, concerning such matters. Section 4. The moratorium established by this Ordinance shall commence on the effective date of this Ordinance and shall remain in effect through and including January 30, 2007. 2 Ordinance No. 7660-06 r: Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 6. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7660-06 ~~ r ~, 47S 2i _Nia,~l0. - s0,brnb_oil~y~ - aw @P.mrvwn$ U .. - Cale/n ve._~e,r_~S~ S paib~-' Cr_~dD; A~z._-~v1 wo{~ r?P*trcr~o_aSev -- hoc U ~e.s wU,~.l4.e9r~~ea~ ~G~ ~0.~8 ll~IlQ 2~C~~.In-c_ 2 • S a ~.~. i _/ c~~ BPS ( ~xn~ c?re,- as le%g_a.,_~n%m.,. s~ t~~ • r - 2- r G- _ (anp~,~~ _ -Cu~~f_1!~- d~ilGys __ - R_2aevt>rn~ ~ryyu~ -- '' GP_Q Wn p,~N~- !I.(/VCtfA%~ ~PD,d92L ~~" E7Px ~ _~~~ fY" ~ ' rM-d~ ~~~Paa~, ~~,~ w--- 'tY~S_ _ -- -_~ ~ti.~in~ cNv~IwIC~-GJe% }~ N. ~ ~ ~S __ PN~.~i!~ u~ ~P~. ~i~di ui/`H. -~~al .J~ce/11 -. /Y~~ •~-, East Shore Q&A What does this mean? This is a 6-month suspension of new development in the East Shore/Marina District of Clearwater Beach. Why is the city doing this? To provide the time needed to revise Beach by Design in order to ensure that Clearwater residents get quality development in the area. What kind of development? Is there something wrong? There's clearly a public interest in high-quality development that provides public access to the waterfront and enhances overnight accommodations on the beach. The current incentives provided in the plan make this difficult to achieve. How? The threshold for incentives stand at 2.5 acres and 5 acres of assembled land. The patterns we've seen in this area make that kind of assemblage unlikely for any potential developer. We'd like to lower those thresholds and place a stronger emphasis on mixed- use and overnight accommodations, which could include changes to the density incentives. Is this a reaction to the kind of development seen on Brightwater and in Old Florida? Not necessarily, but we certainly don't want to repeat the same kind of development in East Shore if at all possible. This is a central area to the beach and provides real potential for enhanced public use and overnight options if the right incentives are in place. Why so long? Any significant change to Beach by Design requires approval from both the City Council and from the Pinellas Planning Council. We need to allow enough time to get the changes right, and then to get the appropriate approvals to put them in to action. Does this affect any other areas on the beach? No. How do you think the development community is going to react? Hopefully, they'll see that we're making an effort to more effectively guide development, while also giving them more flexibility in the process. What about Clearwater residents? This is an effort to enhance public access to the waterfront and encourage overnight and mixed-use development. We're working to be proactive and make some positive changes in order to ensure development that Clearwater residents can be proud of. -. r~ .Y East Shore Talking Points This is an effort to enhance public access to the waterfront and encourage overnight and mixed-use development. We're working to be proactive and make some positive changes in order to ensure development that Clearwater residents can be proud of. The six-month time period is necessary in order to revise the development guidelines and get through the necessary approvals. There's a desire to lower the thresholds for development incentives, and increase the flexibility for developers to create quality mixed-use and overnight developments. While a moratorium may seem to some as draconian, it's the only method at our disposal to halt development until we can revise the plan and -ultimately -ensure that we as a city have done everything in our power to ensure the right kind of development takes place. While we can't mandate certain kinds of development, we do have the ability to provide incentives that can create the desired outcome. This moratorium gives us the opportunity to look at those options and revise Beach by Design accordingly. 1 Page 1 of 1 ~~` Clayton, Gina From: Bjfailor1 @aol.com Sent: Tuesday, July 18, 2006 3:04 PM To: Clayton, Gina Subject: meeting Gina, Thank you for proposing the moratorium. I support anything that allows the city to give due deligance to planned development. Since we're talking about an island, it is even more important. I am not opposed to development, but I do favor a moratorium. As each parcel is sold and developed we lose the opportunity of a big picture. As I said, if money were no object, I would fold up Mandalay and restructure small Key West shops, boat slips, may B&B's on Eastshore. Allow the high rises on Mandalay and keep the bay open for public interest. Field of Dreams has nothing on Clearwater. "If we build it they will come." The trick is doing it right. I hope you will fight for the charm. I have heard more the once....if Disney owned Clearwater Beach.....imagine what it would look like. Thank you again.....1 appreciate the effort you have put into this project. Let me know anytime that you might need support. Sincerely, Bette Failor 7/19/2006 WATERFRONT BAYSIDE ~SCHUTZENDORF, GILBERT H ~DELETIOGLU, ISMET ESTATES II ALICE M THE 2581 1/2 N CLARK ST 1833 KEENE RD N 19029 US HIGHWAY 19 N # B8 CHICAGO IL 60614 - 1717 CLEARWATER FL 33755 - 2314 CLEARWATER FL 33764 - 3015 PRESTON, MICHAEL G THE 419 EAST SHORE DR CLEARWATER FL 33767 - 2028 FINANCIAL WAREHOUSE GROUP 4595 TOWNE LAKE PKWY STE 130 WOODSTOCK GA 30189 - 5514 DOKTORSKY, LEV N 409 EAST SHORE DR CLEARWATER FL 33767 - 2028 FLAMINGO BAY CONDO DEVELOPERS 163 BAYSIDE DR CLEARWATER FL 33767 - 2502 PARKDALE LLC PO BOX 17660 CLEARWATER FL 33762 - 0660 LOUIS DEVELOPMENTS LLC 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 EASON, GEORGE H 409 CLARA DR BRANDON FL 33510 - 3727 KSIAZEK, STANLEY KSIAZEK, STANISLAWA 6713 W IMLAY CHICAGO IL 60631 - 1711 GRUDZIEN, SLAWOMIR GRUDZIEN, TERESA 6713 WEST IMLAY CHICAGO IL 60631 - 1711 JASIULEVICIUS, ROMAS J 483 E SHORE DR # C-4 CLEARWATER FL 33767 - 2033 BEACH ENTERPRISES OF CLEARWATE 403 EAST SHORE DR CLEARWATER FL 33767 - 2028 DAY, WILLIAM A LIVING TRUST DAY, WILLIAM A THE 473 EAST SHORE DR CLEARWATER FL 33767 - 2033 BABCOCK,SUSAN PO BOX 801 OZONA FL 34660 - 0801 JONES, THOMAS A GOFORTH, BOB C 14 ARLINGTON ST ASHEVILLE NC 28801 - 2006 URINO, FRANK N & NATALIE TRUST 1627 MIDNIGHT PASS WAY CLEARWATER FL 33765 - 1821 CHAMPAGNE, CHERYL A 483 EAST SHORE DR # B4 CLEARWATER FL 33767 - 2033 RICCIARDI, DEBORAH 7167 LANDMARK DR SPRING HILL FL 34606 - 6145 FOX, RALPH L III FOX, JOAN A 39 PINE RIDGE RD BUZZARDS BAY MA 02532 - 2118 BAREFOOT BAY OF FL INC 401 E SHORE DRIVE CLEARWATER FL 33767 - 2028 POTTER, PASCHOALINA C PO BOX 2535 SALISBURY MD 21802 - 2535 CORAL INVESTMENTS OF PINELLAS 18316 DOLLYBROOK LN LUTZ FL 33549 - 5858 PHILLIPS, HAROLD 2459 TWINBROOKE RD HICKORY NC 28602 - 8721 POTTER, PASCHOALENA 463 EAST SHORE DR CLEARWATER FL 33767 - 2033 RUDELL, KEITH RUDELL, ROSAMAR 4143 CASTLE AVE SPRING HILL FL 34609 - 2309 MITCHELL, SALLY P 4 SMITH ST CHELMSFORD MA 01824 - 1702 WATSON, KENNETH 713 NEW YORK AVE PALM HARBOR FL 34683 - 3426 DOYEL, SEAN DOYEL, CHRISTOPHER 483 EAST SHORE DR # 2 CLEARWATER FL 33767 - 2033 SOLENZIO, STEPHEN M 131 COMMERCIAL PKWY # 3A BRANFORD CT 06405 - 2539 MAUER, CHRISTOPHER M CAPABIANCO, MONICA A 483 EAST SHORE DR # 2E CLEARWATER FL 33767 - 2033 JOHNSON, WILLIAM L 479 EAST SHORE DR # 1 CLEARWATER FL 33767 - 2039 TILLY, CARL H TILLY, JILL E 436 COUNTRY CLUB RD BELLEAIR FL 33756 - 1005 FULTON HOMES 1NC 70 GIBSON DR UNIT 13 MARKHAM ON L3R 4C2 00030 - CANADA CARACO, JOSEPH LINARES, ANTHONY 800 S KEENE RD CLEARWATER FL 33756 - 4630 EASTSHORE DEV OF CLEARWATER LL 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 DAY, WILLIAM A THE 1968 LAKEVIEW AVE DRACUT MA 01826 - 3210 HARTMAN, DOLORES M THE UTA 3-30-82 1850 SAN MATEO DR DUNEDIN FL 34698 - 3719 HEALY, PATRICK J HEALY, MARY 19 DUNCKLEE ST BRIGHTON MA 02135 - 2116 CHARETTE, RALPH J & LOIS J TRU CHARETTE, RALPH J THE 2219 TAMPA RD PALM HARBOR FL 34683 - 5847 CORAL INVESTMENTS OF PINELLAS 18316 DOLLYBROOK LN LUTZ FL 33549 - 5858 LAWSON, PETER S 479 EAST SHORE DR # 2 CLEARWATER FL 33767 - 2039 TILLY, MARK A DEL ROSE, MARYELLEN 266 LYNDHURST ST DUNEDIN FL 34698 - 7578 HEALY, PATRICK HEALY, MARY 19 DUNCKLEE ST BRIGHTON MA 02135 - 2116 CHIAVATTI DEVELOPMENT INC 7725 BIRCHMOUNT RD # 37 UNIONVILLE ON L3R 9X3 00030 CANADA T J CLEARWATER CORP . 1100 LIVE OAK CT CLEARWATER FL 33756 - 4539 YEAROUT, JANE R YEAROUT, JANET A 806 NARCISSUS CLEARWATER BCH FL 33767 - 1334 URINO, FRANK N & NATALIE TRUST 1627 MIDNIGHT PASS WAY CLEARWATER FL 33765 - 1821 FORLINI, PAUL FORLINI, SHANNON 446 EAST SHORE DR CLEARWATER FL 33767 - 2031 CORAL MOTEL CONDO ASSN INC PO BOX 1669 CLEARWATER FL 33757 - 1669 SUN HARBOR CONDO ASSN INC 479 E SHORE DR APT 6 CLEARWATER FL 33767 - 2039 CITRUS COUNTY INVESTMENTS INC 905 DELAWARE ST SAFETY HARBOR FL 34695 - 3840 GUIRGUIS, SAID N GUIRGUIS, MINERVA J 479 EAST SHORE DR # 6 CLEARWATER FL 33767 - 2039 VOLTSIS, PANDELIS A VOLTSIS, NIKI 427 POINSETTIA AVE CLEARWATER FL 33767 - 2025 PRESTON, MICHAEL G THE 419 EAST SHORE DR CLEARWATER FL 33767 - 2028 PRESTON, MICHAEL G THE 419 E SHORE DR CLEARWATER FL 33767 - 2028 STEPHANS, SUSAN STEPHANS, DORIS 803 S GULFVIEW BLVD # 308 CLEARWATER FL 33767 - 3004 Ordinance 7660-06 Moratorium on Marina District BELLE HARBOR OWNERS ASSN• FULLBACH INVESTMENTS LLC~ WANDACHOWICZ, BOGDAN INC 2201 4TH STN # 200 10 PAPAYA ST # 1001 501 MANDALAY AVE ST PETERSBURG FL 33704 - 4300 CLEARWATER FL 33767 - 2055 CLEARWATER FL 33767 - 1703 ELIAS, SCOTT D 1435 N CLEVELAND # E CHICAGO IL 60610 - 1135 GIANFILIPPO, JOHN F GIANFILIPPO, LAURA L 162 DEVON DR CLEARWATER FL 33767 - 2438 ORISSA PROPERTIES LTD 31 BROAD ST ST HELIER JERSEY JE4 CXW 00000 - CHANNEL ISLANDS F S N PROPERTIES LLC 9909 RACETRACK RD TAMPA FL 33626 - 4458 FLOTO, RONALD J FLOTO, NANCY C 54 BASSOON ROAD POKFULAM 00000 - HONG KONG LYLE, JOHN F LYLE, NANCY S PMB 247 8905 KINGSTON PIKE # 12 KNOXVILLE TN 37923 - 5021 SHEPPARD, KERILYN SHEPPARD, KRISTIN 328 SIX MILE RD WHITMORE LAKE MI 48189 - 9565 BODUCH, RAYMOND T BODUCH, LINDA C 521 MANDALAY AVE # 303 CLEARWATER FL 33767 - 1793 VISOSO, ROBERTO VISOSO, GRACIELA 521 MANDALAY AVE # 307 CLEARWATER FL 33767 - 1793 JACOBSEN, GLENN C JACOBSEN, BARBARA D 6 FERRAND WOODS SAINT LOUIS MO 63124 - 1244 GONZALEZ, EDWARD A GONZALEZ, MARITZA 9400 LAWS RD CLEARMONT FL 34714 - 9262 MOMESSO, NOELLA MOMESSO, SERGIO 10 JONQUILLE KIRKLAND QC H9H 3C4 00030 - CANADA CAMBAS, NICHOLAS A 2939 ELYSIUM WAY CLEARWATER FL 33759 - 1414 STOJAK, JAMES L STOJAK, ROBIN L 3964 MULLENHURST DR PALM HARBOR FL 34685 - 3665 FARRELL, BRIAN M . FARRELL, CYNTHIA B 5116 WESTSHORE DR NEW PORT RICHEY FL 34652 - 8007 ENGEBRETSEN, ARDEN B 10 PAPAYA ST # 1404 CLEARWATER FL 33767 - 2058 TADROS, RANI S YASSAOUI, SUZANNE 2184 LAURENCE DR CLEARWATER FL 33764 - 6466 THOMAS-KIRSCHKE, HEIDI 525 MANDALAY AVE # 24 CLEARWATER FL 33767 - 1798 HARTMAN, JEFFREY E HARTMAN, MARISA A 5 CORD GRASS LN OLD LYME CT 06371 - 2080 IVERSON, DONALD D 1001 SAN MARCO ST # 1001 CLEARWATER FL 33767 - ROBULAK, KENNETH J ROBULAK, PATRICIA J 521 MANDALAY AVE # 302 CLEARWATER FL 33767 - 1793 GAUDIN, DANIELE 521 MANDALAY AVE # 305 CLEARWATER FL 33767 - 1793 MAZAS LAND TRUST MAZAS, BILL W THE 1600 GULF BLVD # 7117 CLEARWATER FL 33767 - 2973 BOND, GEORGE L JR BOND, YVONNE N 1215 CAMINO CAPISTRANO ROSEVILLE CA 95747 - 6727 PFAFF, ROBERT SHEAR, MARILYN F COLTON, JAMES A PFAFF, BETTY 2650 MCCORMICK DR STE 130 COLTON, LORI B 521 MANDALAY AVE # 404 CLEARWATER FL 33759 - 1062 421 HAMPTON GREEN CLEARWATER FL 33767 - 1793 PEACHTREE CITY GA 30269 - 2712 LIEBERMAN, LAWRENCE T LIEBERMAN, DEBORAH S 10 WILLOWOOD LN OLDSMAR FL 34677 - 2058 FALCON, JOSEPH FALCON, SHEILA 1 RIVERSIDE PL UNIT 302 COVINGTON KY 41011 - 1766 KAROUNOS, THEODORE P KAROUNOS, LORRAINE J 444 PINE HILL RD LEONIA NJ 07605 - 1420 BADIE, BADIE A 32 BRAELOCH WAY MONROE CT 06468 - 3013 DIGIANNANTONIO, GILBERT DIGIANNANTONIO, PAULETTE 3717 WOODRIDGE PL PALM HARBOR FL 34684 - 2449 JOYCE, JILL E 521 MANDALAY AVE # 602 CLEARWATER FL 33767 - 1794 SANDOZ, DAVID C SANDOZ, ANN L 523 N OKLAHOMA AVE MORTON IL 61550 - 2373 CIOCIA, JAMES CIOCIA, TRACY 187-ll PEPPER PIKE LUTZ FL 33558 - 5315 LEVINE, RICHARD LEVINE, BARBARA 5047 OTIS AVE TARZANA CA 91356 - 4207 ® CORDEIRO, JACK CORDEIRO, ALDA 8209 W CRENSHAW ST TAMPA FL 33615 - 2118 KIEFFER, ALAN L KIEFFER, NELLI L 521 MANDALAY AVE # 501 CLEARWATER FL 33767 - 1793 CLARK, ROBERT B CLARK, SANDRA H 13201 CLAYTON RD ST LOUIS MO 63131 - 1002 TOUCHTON, JOANN TOUCHTON, WALTER W 10 PAPAYA ST # 702 CLEARWATER FL 33767 - 2054 HEIDI INVESTMENT TRUST BENJAMIN BUILDERS REALTY TRUST 69 MASS AVE LUNENBERG MA 01462 - 1212 MOMESSO, SERGIO F MOMESSO, NOELLA NOORY 10 JONQUILLE KIRKLAND QC H9H 3C4 00030 - CANADA BOTWICK, ANDREW L BOTWICK, DIANNE S 1422 NW 111TH AVE CORAL SPRINGS FL 33071 - 6448 ISHAK, REDA H BISHAY, MANAR 12 PINEWOOD HILLS LONGMEADOW MA 01106 - 1663 J N E BEACH CONDOS LLC 6326 MACLAURIN DR TAMPA FL 33647 - 1 163 COLTER, GEORGE COLTER, HELEN 521 MANDALAY AVE # 702 CLEARWATER FL 33767 - 1794 JENNINGS, MARK K JENNINGS, VICKI B 8471 FLOWERING CHERRY LN LAUREL MD 20723 - 1010 YOFAN, AVI YOFAN, JACQUELINE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 NAGALE, VISHWANATH T NAGALE, PUSHPAMALA V 521 MANDALAY AVE # 508 CLEARWATER FL 33767 - 1793 BOMERGER, DAVID RICHARD 990 W OAK ST ZIONSVILLE IN 46077 - 1209 TOUCHTON, JOANN TOUCHTON, WALTER W 10 PAPAYA ST # 702 CLEARWATER FL 33767 - 2054 YOFAN, AVI . YOFAN, JACQUELINE 521 MANDALAY AVE # 607 CLEARWATER FL 33767 - 1794 GIBBON, PAUL F 521 MANDALAY AVE # 610 CLEARWATER FL 33767 - 1794 SWIDEREK, TIMOTHY J SWIDEREK, JOSEPH A 4540 WEATHERVANE DR ALPHARETTE GA 30022 - 3759 AVERY, JOSEPHINE TEJEDA, RAFAEL E DEFERRARI, DIANA ULINE, BRADLEY R TEJEDA, IDELFIA A 110 HARBOR DR 521 MANDALAY AVE # 704 3516 WOODRIDGE PL PALM HARBOR FL 34683 - 5403 CLEARWATER FL 33767 - 1794 PALM HARBOR FL 34684 - 2434 GRIECO, DANIEL J II GRIECO, DIANE Y 521 MANDALAY AVE CLEARWATER FL 33767 - 1700 EQUITABLE HOLDING CO LLC 7667 EQUITABLE DR # 201 EDEN PRAIRIE MN 55344 - 4626 HALL, ROGER W HALL, SYLVIA M 521 MANDALAY AVE # 803 CLEARWATER FL 33767 - 1795 GIBBON, PAUL F 521 MANDALAY AVE CLEARWATER FL 33767 - 1700 ELAN, JOHN M 10 PAPAYA ST # 1604 CLEARWATER FL 33767 - 2057 ENTEL, ROBERT J 521 MANDALAY AVE APT 902 CLEARWATER FL 33767 - 1795 WARSTLER FAMILY TRUST WARSTLER, ARTHUR K THE 521 MANDALAY AVE # 905 CLEARWATER FL 33767 - 1795 ACHARYA, RAVINDRA P ACHARYA, KALPANA R 47 SAWMILL RD DUDLEY MA 01571 - 5849 THWAITE, EDWARD THWAITE, PATRICIA 15 LOOKOUT POINT TRL TOTOWA NJ 07512 - 1611 POOLE, WILLIAM L III ROBINSON, JOHN CONNIE JR 3 HUNTERS CROSSING CT THE WOODLANDS TX 77381 - 4757 ® PERRY, GREGORY G • LAHN, MONICA L 1574 SHINING ORE DR BRENTWOOD TN 37027 - 2218 ABOOD, ROBERT G ABOOD, CATHERINE C 2256 MACKENZIE CT CLEARWATER FL 33765 - 2241 ECKALL INVESTMENTS LLC 2201 4TH AVE N # 200 ST PETERSBURG FL 33713 - 7911 YOFAN, AVI YOFAN, JACQUELINE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 MEEHAN, THOMAS P 521 MANDALAY AVE # 810 CLEARWATER FL 33767 - 1795 KAHRS, CAROLYN J KAHRS, HENRY G 4834 QUILL CT PALM HARBOR FL 34685 - 3699 YANKEE, ROBERT L YANKEE, TERRI G 1022 MAIN ST # D DUNEDIN FL 34698 - 5237 M B C PROPERTIES II LLC 4500 NORTHWOODS LN BLOOMINGTON IN 47404 - 9420 J M C FAMILY INVESTMENTS LTD 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 GIANFILIPPO, JOHN BURKETT, FRANKLIN S 1775 CEDAR WAXWING CT PALM HARBOR FL 34683 - 6676 EQUITABLE HOLDING CO LLC 7667 EQUITABLE DR # 201 EDEN PRAIRIE MN 55344 - 4626 BICZ, DANIEL S BICZ, MARGARET C 521 MANDALAY AVE # 802 CLEARWATER FL 33767 - 1795 YOFAN, AVI YOFAN, JACQUELINE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 MAJEWSKI, DENISE M TR SCHNEIDER, CHRISTINE J 43 LAKE ADALYN DR SOUTH BARRINGTON IL 60010 - 9542 GAHERTY, JOHN B SR GAHERTY, CECILIA G 5527 S PARK AVE HINSDALE IL 60521 - 5061 MC DERMOTT, JAMES T DRAPP, SHANNON M 521 MANDALAY DR # 904 CLEARWATER FL 33767 - 1795 CLARK, TERRY M CLARK, JANE H 16756 WHITES STORE RD BOYDS MD 20841 - 9673 COSTAWAY LLC 15 HEATH WAY BARRINGTON IL 60010 - 9513 MC SWIGGIN, JAMES MC SWIGGINS, CHERYL A 12 SAXONY ST CLIFTON PARK NY 12065 - 1655 KROLL, WOLFGANG KROLL, LILLI 521 MANDALAY AVE # 1006 CLEARWATER FL 33767 - 1795 POMS, ALAN M 521 MANDALAY AVE # 1007 CLEARWATER FL 33767 - 1795 SAND KEY CONSULTING LLC 1015 NORTH RIVER WALK E CHICAGO IL 60610 - 7398 FERRO, MICHAEL P 3003 SOUTH WELLS CHICAGO IL 60616 - 2739 CASO,RONALD CASO, BERNADETTE 3 SUTPHIN AVE MATAWAN NJ 07747 - 3315 COSTAWAY LLC 15 HEATH WAY BARRINGTON IL 60010 - 9513 WILLIAMS, BERNABE REVOCABLE TR WILLIAMS, BERNABE THE 1204 SUNCAST LN STE 2 ELDORADO HILLS CA 95762 - PLANES, REGINA M 32700 US HIGHWAY 19 N PALM HARBOR FL 34684 - 3119 WARD, MICHAEL S WARD, GISELLE V 407 SOUTH ROYAL PALM WAY TAMPA FL 33609 - 3728 MAGUIRE, PAUL J PO BOX 2925 SAN RAMON CA 94583 - 7925 • ROWLAND, CLARENCE E • J N E BEACH CONDOS LLC HORVATH, KLARA 6326 MACLAURIN DR 11 SAN MARCO ST # 506 TAMPA FL 33647 - 1163 CLEARWATER FL 33767 - 2060 DIMMITT, LARRY H JR 150 WILLADEL DR BELLEAIR FL 33756 - 1942 MAGRATH, JAMES P MAGRATH, CAROL A 2 PRITCHARD LN WESTPORT CT 06880 - 5633 PACK, JAMES D PACK, MARY B 30146 E TOPAZ DR SCOTTSDALE AZ 85258 - MACK, DAVID A REVOCABLE TRUST MACK, DAVID A THE 30 JELLIFF LN SOUTHPORT CT 06890 - 1482 FALLER, JANET L PERSONAL RESID FALLER, JANET L THE 521 MANDALAY AVE # 1209 CLEARWATER FL 33767 - 1797 NEAL, RALPH C . NEAL, JULIE A 4622 OSAGE CT GREENBAY WI 54313 - 9531 GONZALEZ, EDWARD A GONZALEZ, MARITZA 9400 LAWS RD CLERMONT FL 34714 - 9262 CHRISTOPHER, TODD CHRISTOPHER, WANDA 3743 PRESIDENTIAL DR PALM HARBOR FL 34685 - 1075 KOSENE,STACY 521 MANDALAY AVE # 1102 CLEARWATER FL 33767 - 1797 REHKEMPER, PHILIP A REHKEMPER, BARBARA A 521 MANDALAY AVE # 1105 CLEARWATER FL 33767 - 1797 MESTAS, DONALD M JR MESTAS, CAROL S 521 MANDALAY AVE # 1108 CLEARWATER FL 33767 - 1797 HOERNIG, OTTO W HOERNIG, JUANITA S 521 MANDALAY AVE # 1201 CLEARWATER FL 33767 - 1797 OLIVER, ROBERT OLIVER, CHARLOTTE B 521 MANDALAY AVE # 1210 CLEARWATER FL 33767 - 1797 BERG, ANNA JACOBSEN 521 MANDALAY AVE # 1409 CLEARWATER FL 33767 - 1797 WEBER, JED P WEBER, JILL E 505 MANDALAY AVE N # 42 CLEARWATER FL 33767 - 1717 COULTER, WAYNE R COULTER, PAMELA W 4407 W DALE ST TAMPA FL 33609 - 3706 BELLE HARBOR LLC BELLE HARBOR LLC BELLE HARBOR LLC 2201 4TH ST N STE 200 2201 4TH ST N STE 200 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 ST PETERSBURG FL 33704 - 4300 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC • • 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 CLASSON, STEPHEN J CLASSON, KAREN L 801 HERITAGE RD STE A DEPERE WI 54115 - 3292 MC CULLOUGH, JACKIE E 744 BAY ESPLANADE CLEARWATER FL 33767 - 1411 MANION, JOSEPH M MANION, JANINE M 10118 BENNINGTON DR TAMPA FL 33626 - 2406 STANISLAWEK, DANIEL STANISLAWEK, GRETA 501 MANDALAY AVE # 309 CLEARWATER FL 33767 - 1707 KOPANAKIS, WILLIAM A 501 MANDALAY AVE # 402 CLEARWATER FL 33767 - 1708 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 CHASE, CHRISTIAN W BAILEY, MATHEW S 505 MANDALAY AVE # 71 CLEARWATER FL 33767 - 1718 RENDEL, JEROLD S TRUST 660 SNUG ISL CLEARWATER FL 33767 - 1829 CORDEIRO, JACK CORDEIRO, ALDA 8209 W CRENSHAW ST TAMPA FL 33615 - 2118 BARRETT, WILLIAM T BARRETT, SHEILA M 11 SAN MARCO ST # 408 CLEARWATER FL 33767 - 2060 RAMOS, JAMES A RAMOS, CONNIE R 501 MANDALAY AVE # 310 CLEARWATER FL 33767 - 1707 COOKE FAMILY REV TRUST 12 GAGE GIRLS RD BEDFORD NH 031 10 - 4704 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 BELLE HARBOR LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 HYC, PETER HYC, ANDY 505 MANDALAY AVE CLEARWATER FL 33767 - 1716 MACRE, DANIEL M MACRE, ANNETTE 505 MANDALAY AVE # 75 CLEARWATER FL 33767 - 1718 PENN COMMONS LP 871 BEAVER DR DUBOIS PA 15801 - 2511 YOFAN, AVI . YOFAN, JACKIE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 HAYNES, ALVIN S HAYNES, BITA P 501 MANDALAY AVE # 401 CLEARWATER FL 33767 - 1708 LEBRON, GEORGE LEBRON, SONIA DUDZIAK 506 TAMARACK DR BARTLETT IL 60103 - 1515 YOURTH, BRADLEY J SALTZMAN, MURRAY SUCHARSKI, FRANK J YOURTH, VALERIE R SALTZMAN, BARBARA SUCHARSKI, CATHERINE J 501 MANDALAY AVE # 405 1170 GULF BLVD # 306 248 AMERICAN DR CLEARWATER FL 33767 - 1708 CLEARWATER FL 33767 - 2780 RICHBORO PA 18954 - 1141 ANDERSEN, LARRY E 2156 BASSWOOD DR LAFAYETTE HILL PA 19444 - 2328 KOVACS, ALEX G KOVACS, SANDEE G 323 6TH AVE N INDIAN ROCKS BEACH FL 33785 - 2549 LAMBRINIDES FAMILY IRREV TRUST 2175 VALLEY VIEW DR ROCKY RIVER OH 441 16 - 2860 ALTNER, MARTIN L ALTNER, JANIS C 212 WATER VIEW CT SAFETY HARBOR FL 34695 - 2061 LIEBERMAN, LAWRENCE T LIEBERMAN, DEBORAH S 10 WILLOWOOD LN OLDSMAR FL 34677 - 2058 HALLERAN, EDWARD M SIKA, STEPHEN 1005 VICTORIA DR DUNEDIN FL 34698 - 5749 CHACONAS, ANGELINE . 6 S MYRTLE AVE CLEARWATER FL 33756 - 5518 • PARAMOUNT LLC 1803 BRIAR CREEK BLVD SAFETY HARBOR FL 34695 - 4696 MORRIS, MICHELLE V 29 GAYLORD GLEN WATERBURY CT 06708 - 2100 KAHLER, PERRY E KAHLER, VICKI LEE 8927 MAGNOLIA CHASE CIR TAMPA FL 33647 - 2220 MIHOLICS, JOHN C LOWE, JEFF MIHOLICS, MARIA T LOWE, KATHY 18 WINGATE PL 700 DEER VUE LN YONKERS NY 10705 - 1533 FENTON MO 63026 - 3562 BEHESHTI,TARANEH 11 SAN MARCO ST # 1402 CLEARWATER FL 33767 - 2075 HIND, GRAHAM R M SILVER LODGE TWENTYPENCE RD WILBURTON ELY CAMBRIDGESHIRE ESPOSITO, TONY 501 MANDALAY AVE # 604 CLEARWATER FL 33767 - 1710 LEVY, MARK S LEVY, DEBORAH T 10005 RADELIFFE DR TAMPA FL 33626 - 2511 CRISTIE ANNE ENTERPRISES CHASE, WALTER W LLC CHASE, JUDITH A PO BOX 120 11 SAN MARCO ST BLOOMINGDALE IL 60108 - 0120 CLEARWATER FL 33767 - 2066 MC DERMOTT, JAMES T DRAPP, SHANNON M 501 MANDALAY AVE # 702 CLEARWATER FL 33767 - 1711 BAKER, BARRY J BAKER, ANN F 1435 STEVENSON DR LIBERTYVILLE IL 60048 - 2572 KULKARNI, VINEET NAGALE, VISHWANATH 3426 DORAL DR WATERLOO IA 50701 - 4628 SCHECHTER, JANIS ILENE REVOCAB 12103 MARBLEHEAD DR TAMPA FL 33626 - 2505 RAGHAVAN,CHAKRAVARTHY RAGHAVAN,VASANTHY 8918 SOUTHERN BREEZE DR ORLANDO FL 32836 - 5012 MC CARTHY, EUGENE REV TRUST 2505 ENTERPRISE RD CLEARWATER FL 33763 - 1100 NOLL, STEPHEN A NOLL, DEBORAH V 501 MANDALAY AVE # 701 CLEARWATER FL 33767 - 1711 COSTELLO, JAMES COSTELLO, JENNY L 19103 MANDARIN GROVE PL TAMPA FL 33647 - 3095 BERGER, RALPH F LIVING MARRULLIER, ALAN H CASCIOLA, GENE M TRUST 501 MANDALAY AVE # 706 CASCIOLA, SHEILA 7131 ASHVILLE PARK DR CLEARWATER FL 33767 - 1711 7000 WEDDINGTON BROOK DR COLUMBUS OH 43235 - 5013 WEDDINGTON NC 28104 - 7274 • KOZMINSKI, JACEK KOZMINSKI, GRAZYNA 4758 S PULASKI RD CHICAGO IL 60632 - 4114 HOERNIG, LAURA 337 RIVER BEND RD GREAT FALLS VA 22066 - 4138 KUNIS, SABINA KUNIS, NAUM 501 MANDALAY AVE # 801 CLEARWATER FL 33767 - 1712 MIKHAIL, MAGUED N MARZOUK, CHRISTIANS G 591 BELTED KINGFISHER DR N PALM HARBOR FL 34683 - 6149 FISHER, PAMELA M FISHER, LOUIS R 907 BUNKER VIEW DR APOLLO BEACH FL 33572 - 2813 KOCH, MYRON KOCH, ELIZABETH 501 MANDALAY AVE # 810 CLEARWATER FL 33767 - 1712 ST JOHN, DENNIS THE ST JOHN, VALERIE 342 E JERICHO TPKE MINCOLA NY 11501 - 2111 • LOWRY, RICHARD M • OLIVER, BRIAN C LOWRY, ALEXIS OLIVER, JEANINE H 1648 RIPARIAN DR 3739 MULLENHURST DR NAPERVILLE IL 60565 - 4173 PALM HARBOR FL 34685 - 3661 KNUTSON, WILLIAM R II KNUTSON, CAROLS M 501 MANDALAY AVE # 802 CLEARWATER FL 33767 - 1712 ATKINS, J MICHAEL ATKINS, TERESA K 1613 ELM SHORE DR PORT BYRON IL 61275 - 9092 BASORE, GREGORY R CRISTIE ANNE ENTERPRISES 1067 WOODWIND TRL LLC HASLETT MI 48840 - 8977 PO BOX 120 BLOOMINGDALE IL 60108 - 0120 808 MANDALAY LLC 2429 N FAIRFAX DR ARLINGTON VA 22201 - 2712 SAND KEY CONSULTING LLC BOBAK, WLADYSLAW 180 DINAH RD MEDINAH IL 60157 - SNYDER, CLIFFORD D SNYDER, MARYLIN V 1650 WACHTLER AVE SAINT PAUL MN SSI18 - 3745 ARRINGTON, WILLIAM H 501 MANDALAY AVE # 910 CLEARWATER FL 33767 - 1703 HURLEY, G JOHN HURLEY, MAUREEN JOYCE 22 FOXTAIL CIR CHERRY HILLS VILLAGE CO 80113 - 4125 PLANES, REGINA 854 CYPRESS LAKEVIEW CT TARPON SPRINGS FL 34688 - 7307 BRENNAN, JAMES M DAMS, DEXTER C PETH, NICK A OTT, KARYN L DAMS, LISA ALEXANDER PO BOX 580 4505 W DALE AVE 501 MANDALAY AVE # 1009 WAYNESVILLE OH 45068 - 0580 TAMPA FL 33609 - 3708 CLEARWATER FL 33767 - 1703 BELLE HARBOR OWNERS ASS INC 501 MANDALAY AVE CLEARWATER FL 33767 - 1703 • NOTICE OF PROPOSED DEVELOPMENT MORATORIUM The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Tuesday, July 18, 2006 before the Community Development Board, at 1:00 p.m. Thursday, July 20, 2006 before the City Council (1st Reading), at 6:00 p.m. Thursday, August 3, 2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA 2006-06004 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS 8~ LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS 8~ LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, MMC City Clerk Ad: 07/06/06 8~ 07/27/06 r NOTICE OF PROPOSED DEVELOPMENT MORATORIUM The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, July 18, 2006 before the Community Development Board, at 1:00 p.m. Thursday, July 20, 2006 before the City Council (1st Reading), at 6:00 p.m. Thursday, August 3, 2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA 2006-06004 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, CMC City Clerk Ad: 07/06/06 8~ 07/27/06 -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, June 19, 2006 9:23 AM To: Hollander, Gwen; Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina Subject: RE: ordinance title Importance: High Planning just sent me a change to the Ordinance which necessitates a change to the title. Here is the new Title, you should use this one for TA2006-03004: ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE MARINA RESIDENTIAL DISTRICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS EXCEEDING 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. -----Original Message----- From: Hollander, Gwen Sent: Monday, June 19, 2006 9:17 AM To: Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina; Dougall-Sides, Leslie Subject: FW: ordinance title The below title is for TA2006-03004, code amendment, not an annexation. I apologize for the error. -----Original Message----- From: Hollander, Gwen Sent: Monday, June 19, 2006 8:52 AM To: Zitouni, Trish; Elmore, Nicole Cc: Diana, Sue; Dewitt, Gina; Dougall-Sides, Leslie Subject: ordinance title Attached is the title for ANX2006-04014. ORDINANCE NO. 7660-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN DEVELOPMENT APPROVALS, ORDERS, AND PERMITS, INCLUDING PROCESSING, FOR THE • MARINA RESIDENTIAL DIS~ICT SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN CONCERNING CLEARWATER BEACH; PROVIDING FOR COVERAGE AND DURATION OF THE MORATORIUM; PROVIDING FOR EXEMPTION OF PARCELS LESS THAN 2.5 ACRES IN AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE. Gwen Hollander Legal Department City of Clearwater 727-562-4013 Owner: Audrey Sto1z~532 Stevenson's Drive, Clearwater, FL 3~5; Telephone 727-461-4280). Location: A 0.157-acre parcel of land located on the west side of Stevenson's Drive approximately 150 north of Carol Drive and 25 feet south of Stockton Drive. Atlas Page: 269B. Request: (a) Annexation of 0.157-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) and Preservation (P) Category (County) to Residential Low (RL) and Preservation (P) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) and Preservation (P) District (City of Clearwater). Existing Use: Single-family detached dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 3. Case: ANX2006-04014 - 2750 Third Avenue Level Three Application Owner: Peter Krauser & Mark Maconi Homes (Telephone 727-688-4670). Location: Seven parcels totaling 9.99-acres of land located on the east side of First Street East. Atlas Page: 233A. Request: (a) Annexation of 9.99-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Suburban (RS) and Preservation (P) Categories (County) to Residential Suburban (RS) and Preservation (P) Categories (City of Clearwater); and (c) Rezoning from R-R, Rural Residential District (County) to Low Density Residential (LDR) and Preservation (P) Districts (City of Clearwater). Existing Use: Vacant. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 4. Case: TA2006-06004 -Community Development Code Amendment Applicant: City of Clearwater, Planning Department. Request: Amendment to the Community Development Code imposing a moratorium on certain reviews, approvals, orders and permits for the Marina Residential District of the Beach by Design Special Area Plan concerning Clearwater Beach. Neighborhood Association(s): Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: payamurphyna,aol.com); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Gina L. Clayton, Assistant Planning Director. G. ADJOURNMENT S: (Planning DepartmentlC D BlAgendas DRC & CDBICDBI2006107 July 18, 20061CDB Agenda July 18, 2006 .doc Community Development Board Agenda -July 18, 2006 -Page 5 of 5 LL .. ,_.. ~ O y, ~ar~a ~r _. Revised 06/21/2006 U AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, July 18, 2006 Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. that are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. Make Us Your Favorite! www.myclearwater.com/ og v/depts/planning Community Development Board Agenda -July 18, 2006 -Page 1 of 5 A. CALL TO ORDER, ~OCATION, PLEDGE OF ALLEGIAh~ B. ROLL CALL: Chair Gildersleeve, Vice Chair Fritsch, Members Behar, Coates, Johnson, Milam, Tallman, Alternate Member (Dennehy), City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 20, 2006 D. CONTINCTED ITEM (Item 1): 1. Case: FLD2005-09093 - 279 Windward Passage Level Two Application (Continued from June 20, 2006) Owner/Applicant: Harbour Estates, LLC. Representative: Bill Woods/Terri Skapik, Woods Consulting, Inc. (322 Ridge Road, Palm Harbor, FL 34683: phone: 727-786-5747; fax: 727-786-7479; email: billwoodsna,woodsconsulting.org). Location: 1.45 acres located on the south side of Windward Passage, approximately 300 feet west of Island Way. Atlas Page: 267B. Zoning District: Commercial (C) District. Request: Flexible Development approval to permit a 1,818 square foot multi-use dock for eight boat slips in the Commercial District with a reduction to the side (east) setback from 22.4 feet to 1.5 feet, under the provisions of Section 3-601. Proposed Use: Multi-use dock for eight boat slips. Neighborhood Associations: Island Estates Civic Association (Frank Dame, 140 Island Way #239, Clearwater, FL 33767; phone: 727-442-2237); Islander Condo Inc. (Rex Clark, President, 113 Island Way, Apt. 245, Clearwater, FL 33767); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. E. LEVEL TWO APPLICATIONS (Items 1- 6): 1. Case: FLD2006-02003 - 701 Pennsylvania Avenue Level Two Application Owner/Applicant: Clearwater Neighborhood Housing Services Inc. Representative: E.J. Robinson (608 North Garden Avenue, Clearwater, FL 33755; phone: 727-442-4155; fax: 727-446-4911; email: none). Location: 0.095 acres located at the northeast corner of Pennsylvania Avenue and Eldridge Street. Atlas Page: 278A. Zoning: Medium Density Residential (MDR) District. Request: Flexible Development approval to construct a new single family residence in the Medium Density Residential district, as a residential infill project, and includes: ^ A reduction in the minimum lot area from 5,000 square feet to 4,143 square feet; and ^ A front (south) setback reduction from 25 feet to 13 feet, per section 2-304.G. Proposed Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758); Drew and Plaza Park (David Grice, 908 Drew Street, Clearwater, FL 33755; phone: 727-443-0737; email: david irg cel cr,aol.com); and North Greenwood Assoc., Inc. (Jonathon Wade, 1201 Douglas Road, Clearwater, FL 33755; phone: 727-560-4382; email: wadenwade cr,aol.coin). Presenter: John Schodtler, Planner II. Community Development Board Agenda -July 18, 2006 -Page 2 of 5 2. Case: FLD2006-0402100 Cleveland Street and 103 Martin Lu~King, Jr. Avenue Level Two Application Owner/Applicant: Clearwater Centre, LLC. Representative: Keith E. Zayac, Keith Zayac and Associates, Inc. (701 Enterprise Road East, Suite 404, Safety Harbor, FL 34695; phone: 727-793-9888; fax: 727-793-9855; email: keith cr,keithza~ac.com). Location: 2.48 acres located at the northeast corner of Cleveland Street and Martin Luther King Jr. Avenue and at the northeast corner of Martin Luther King Jr. Avenue and NE Cleveland Street. Atlas Page: 287A. Zoning District: Downtown (D) District. Request: Flexible Development approval for amixed-use development consisting of 88 attached dwellings and 21,598 square feet of non-residential floor area within the Downtown (D) District with an increase to the building height of an additional 15 feet (as measured from roof deck to mean roof line), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2- 903.C of the Community Development Code; and a Termination of Status of Nonconformity for height (148 feet to roof deck where a maximum of 75 feet would be permitted under current Code), under the provisions of Section 6-109 of the Community Development Code. Proposed Use: Mixed-Use (Attached Dwellings and Retail Sales and Services). Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758); and Pierce 100 Condo Association (Terry Sue, 100 Pierce Street, Clearwater, FL 33756). Presenter: Robert G. Tefft, Planner III. 3. Case: FLD2006-04021 - 2551 Gulf To Bay Boulevard Level Two Application Owner/Applicant: Chris Tsavoussis- Gulf to Bay Holdings, LLC. Representative: Engelhardt, Hammer & Associates (3001 N. Rocky Point Drive East, Suite 300, Tampa, FL 33607; phone: 813-282-3855; fax: 813-286-2308). Location: 0.665 acres located on the south side of Gulf to Bay Boulevard, approximately 400 feet west of US Highway 19 North. Atlas Page: 299B. Zoning District: Commercial (C) District. Request: Flexible Development approval for a reduction to the front (north) setback along Gulf to Bay Boulevard from 25 feet to 5.8 feet (to pavement) as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer on the north property line from 15 feet to 5.8 feet as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Existing Drive-Through Restaurant. Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. 4. Case: FLD2006-04020 - 801 Howard Street Level Two Application Owner: Trust No. 801 c/o Lance Reilmann. Applicant: Sal Maggio. Representative: Richard Donoghue (332 Skinner Boulevard, Dunedin, FL 34698; phone: 727-735- 0411; fax: 727-734-2927; email: dwai(a~tampabay.rr.com). Location: 0.137 acres located at the southeast corner of Howard Street and Myrtle Avenue. Atlas Pages: 314A. Zoning District: Medium Density Residential (MDR) District. Request: Flexible Development approval to permit a detached dwelling in the Medium Density Residential (MDR) District with a reduction to the front (west along Myrtle Avenue) setback from 25 feet to 10 feet (to building), as a Residential Infill Project, under the provisions of Section 2-304.G. Proposed Use: Detached dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Community Development Board Agenda -July 18, 2006 -Page 3 of 5 5. Case: FLD2006-0401138, 175, 214, 215 and 226 Sand Key E~s Drive and 1608, 1617, 1631 and 1635 Sand Key Estates Court Level Two Application Owners/Applicants: James R. Barge, Kelly Wilken, Betty Salimi, Marianne F. Meichenbaum Living Trust (Marianne F. Meichenbaum, Trustee), Marvin and Clara Zoromski, Brian and Nadine Thomas, Dan L. Vo, Michael and Dawn Galasso and Craig A. and Cathy L. Junkins. Representative: Avery Coryell (1621 Sand Key Estates Court, Clearwater, FL 33767; phone: 727- 595-8989; fax: 727-595-6027; email: capt2aana,aol). Location: Nine lots located in The Moorings of Sand Key Subdivision, approximately 600 feet east of Gulf Boulevard on Sand Key Estates Court and Sand Key Estates Drive. Atlas Pages: 319B. Zoning District: High Density Residential (HDR) District. Request: Flexible Development approval to permit rear deck/patio additions to existing detached dwellings with a reduction to the rear setback from 15 feet to zero feet (to deck/patio) and a reduction to the side setback from 10 feet to zero feet (to deck/patio), as a Residential Infill Project, under the provisions of Section 2-504.F. Proposed Use: Rear deck/patio additions to existing detached dwellings. Neighborhood Association: Sand Key Civic Association (Bob Baker, P.O. Box 3014, Clearwater, FL 34630); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. 6. Case: FLD2004-02009 - 1455 Court Street Level Two Application Owner/Applicant: Linda S. Griffin (1455 Court Street, Clearwater, FL 33756; phone: 727-449- 9800; fax: 727-446-2748; email: Linda(a~lawyerQriffin.com). Location: 0.17 acres located on the south side of Court Street approximately 300 feet west of the Court Street, Gulf to Bay Boulevard and Highland Avenue intersection. Atlas Page: 297A. Zoning: O, Office District. Request: Extend the time frame of the Development Order. Proposed Use: Parking lot improvements. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. F. LEVEL THREE APPLICATIONS (Items 1- 4): 1. Case: ANX2006-03009 - 1728 Lucas Drive Level Three Application Owner: Alphonso & Sandra Frazier (1728 Lucas Drive, Clearwater, FL 33759; Telephone 727-726- 3893). Location: A 0.193-acre parcel of land located on the west side of Lucas Drive approximately 500 feet north of SR 590 and 510 feet south of Terrace Drive. Atlas Page: 264A. Request: (a) Annexation of 0.193-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Single-family detached dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 2. Case: ANX2006-04012 - 1532 Stevenson's Drive Level Three Application Community Development Board Agenda -July 18, 2006 -Page 4 of 5