8312-12ORDINANCE NO. 8312-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY
AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT BY ADDING
CHARTER SCHOOLS TO THE DEFINITION OF PUBLIC EDUCATIONAL
FACILITIES AND ADDING THE COMMERCIAL GENERAL (CG),
RESIDENTIAVOFFICE/RETAIL (R/O/R) AND RESIDENTIAL HIGH (RH)
FUTURE LAND USE CLASSIFICATIONS TO THE LIST OF
CLASSIFICATIONS THAT ALLOW PUBLIC EDUCATIONAL FACILITIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE;
WHEREAS the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the
City of Clearwater to plan for the future development and growth of the City, and to
adopt and periodically amend the Comprehensive Plan, including elements and
portions thereof; and
WHEREAS, the City desires to allow schools, including charter schools, in the
Commercial General (CG), Residential/Office/Retail (R/O/R) and Residential High (RH)
future land use classifications; and
WHEREAS, Florida Statutes 1002.33 recognize all charter schools in Florida as
public schools; and
WHEREAS, amendments to the Comprehensive Plan have been prepared in
accordance with the applicable requirements of law, after conducting appropriate
planning analysis and public participation through public hearings, opportunity for
written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated
Local Planning Agency for the City, has held a public hearing on the proposed
amendments and has recommended adoption of the proposed Comprehensive Plan
amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Economic Opportunity (DEO) for review and comments, and the
objections, recommendations and comments received from the Florida Department of
Economic Opportunity have been considered by the City Council, together with all
comments from local regional agencies and other persons, in preparing the final draft of
the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt
the amendments to the objectives and policies of the Comprehensive Plan in order to
reflect changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLQRtDA:
Ordinance No. 8312-12
Section 1. That Policies J.2.1.2 and J.2.1.3 of Goal J.2 of the Clearwater
Comprehensive Plan, page J-7, are hereby amended to read as follows:
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J.2.1.2 For purposes of Objective J.2.1, public educational facilities are defined as
elementary schools, special education facilities, alternative education facilities,
middle schools, high schools, and area vocational-technical schools of the
Pinellas County School District and those charter schools whose charter has
been approved bv the Pinellas County School District qursuant to F.S Chapter
1002.33.
J.2.1.3 Public educational facilities of the School District are an allowable use within the
following land use categories in the City:
• Residential Estate
• Residential Suburban
• Residential Low
• Residential Urban
• Residential Low Medium
• Residential Medium
• Residential Hiqh
• Residential/Office Limited
• Residential/Office General
• Residential/Office/Retail
• Institutional
• Commercial General
�***
Section 2. 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 3. This ordinance shall become effective when the Department of
Economic Opportunity issues a final order determining the adopted amendment to be in
compliance, or the Administration Commission issues a final order determining the
adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 16, 2012
March 1, 2012
2 Ordinance No. 8312-12
Approved as to form:
• � �
eslie Dougall-S�d s
Assistant City A ney
3
.-G�P��tic � C'' e�.�oj
George N. Cretekos
Mayor
Attest:
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Rosemarie Call
City Clerk
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Ordinance No. 8312-12