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8523-14ORDINANCE NO. 8523 -14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2 -802 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2 -803 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to ensure clarity of applicable development standards on Clearwater Beach; and WHEREAS, the City of Clearwater has determined that the Community Development Code needs clarification and revision for property located in the Tourist District on Clearwater Beach, and WHEREAS, consistency between the Community Development Code and provisions within Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is required; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning District, Tourist District, Section 2 -802, Table 2 -802, is amended as follows: Section 2-802 Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. (1) * * * * * * * * * ** . Specific use, height, setback and parking standards set forth in Section II., Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. 1 Ordinance No. 8523 -14 * * * * * * * * * ** Section 2. Article 2, Zoning Districts, Tourist District, Section 2 -803, Table 2- 803, is amended as follows: Section 2-803 Flexible development. The following uses are Level Two permitted uses in the Tourist "1"' District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. (2) * * * * * * * * * ** Specific use, height, and setback standards set forth in Section II., Future Land Use (Character Districts), and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. * * * * * * * * * ** Section 3. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348 -99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. 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 7. This ordinance shall take effect immediately upon adoption. DEC 1 9 2013 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED JAN 1 6 2014 cttOrk.e crks George N. Cretekos Mayor 2 Ordinance No. 8523 -14 Approved as to form: Leslie K. Dougal ,g,. es Assistant City Attorney Attest: ,z¢4U (JL, L:. ( u Rosemarie Call City Clerk 3 Ordinance No. 8523 -14