7582-06
ORDINANCE NO. 7582-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE SECTION 4-608
"NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICTS" BY REVISING THE DESIGNATION CRITERIA,
DESIGNATION PROCESS AND REQUIREMENTS OF THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires to provide a means of ensuring that
infill and redevelopment activities in existing residential neighborhoods or
neighborhoods requiring special consideration are consistent with the protection of the
existing character of the neighborhood; and
WHEREAS, the City of Clearwater desires to provide more definitive guidance to
the residents in applying for designation of Neighborhood Conservation Overlay
Districts; and
WHEREAS, the City of Clearwater desires to re-articulate the Designation
Criteria, Designation Process, and Requirements of the Neighborhood Conservation
Overlay District: now, therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER
FLORIDA:
Section 1. Article 4, Development Review And Other Procedures, Section 4-
608.A Neighborhood Conservation Overlay Districts is amended as follows:
A. Purpose. The purpose of the neighborhood conservation overlay district is to
provide a means of ensuring that infill and redevelopment activities in existing,
stable residential neighborhoods or neighborhoods requiring special
consideration are consistent with the protection of the existing character of the
neighborhood. This is accomplished by the neiohborhood workino with the City
to develop a special area plan for the neiohborhood. which specifies
development standards beyond those from the City's Community Development
Code. that would otherwise apply. It is not a purpose of this section that the City
would become. in any way, involved in the enforcement of neiohborhood Deed
Restrictions.
Section 2. Article 4, Development Review And Other Procedures, Section 4-
608.B Neighborhood Conservation Overlay Districts are amended as follows:
Ordinance No. 7582-06
B. Designation Criteria. The community development director shall be
responsible for determining whether a neighborhood is eligible for
Neighborhood Conservation Overlay District Designation based on the
following criteria:
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4. There are no Any significant planned road improvements within the
boundaries of the area proposed to be designated as a neighborhood
conservation overlay district shall be acknowledoed by the
neiohborhood, and no amendments to the standards of this
Development Code, nor any specified standards particular to this
neiohborhood conservation district shall conflict with those plans; and
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Section 3. Article 4, Development Review And Other Procedures, Section 4-
608.D Neighborhood Conservation Overlay Districts are amended as follows:
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of at least 60 percent of the real property within the
area proposed for designation as a neighborhood conservation district
which shall be filed with the community development coordinator !n
addition to the petition, a list of at least 11 persons who have aoreed to
serve on a study committee, and proof of the existence. for at least the
past 2 years, of an active homeowner's association with authority over the
area proposed for desionation as a neiohborhood conservation district.
* * * * * * * *
4. When a neighborhood conservation study committee is appointed, the
city manager shall initiate a minimum gO-day special area planning
process for the area proposed for designation. The time frame set for the
plan study shall be reflective of the extent of the area under consideration
and the complexity of the issues that may be addressed. The scope of the
study shall be identified throuoh a ioint process involvino the
neiohborhood services manaoer, community development coordinator and
the leadership of the study committee. The study committee shall serve as
an advisory body during the special area planning process and shall hold
at least four public meetings during the process. The city manager shall
provide staff assistance to the study committee and the study committee
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Ordinance No. 7582-06
shall approve a special area plan including the goals, policies and
objectives for the proposed neighborhood conservation district, a
specification of the provisions of this development code which would
otherwise be applicable which should be modified for the proposed
neighborhood conservation district and a specification of additional
development standards which are necessary and appropriate to protect
the health, safety and welfare of the proposed neighborhood conservation
district. The owners of real property within the proposed neighborhood
conservation district shall vote on each development standard proposed to
be included in the neighborhood conservation district. The format of the
ballot and method of voting shall be approved by the community
development coordinator. The results of the vote shall be provided to the
community development board and the city commission to be considered
when reviewing the proposed development standards. Each development
standard forwarded for consideration shall have the support of at least 51
percent of the votes cast. Any costs associated with the conduct of such
election shall be paid by the neighborhood.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prep~re amendments to the
comprehensive plan ~nd a schedule the special area plan for the
proposed neighborhood conservation overlay district for approval, as well
as the necessary text amendments and zonina atlas amendment. which
are necessary and appropriate to implement the special area plan for the
proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if ~ny, ~nd the
proposed neighborhood conservation overlay district sh~1I be considered
by the city ~ccording to the requirements of section 4 603 of this
development code for comprehensive pl~n ~mendments, Section 4 601
for text amendments to the Community Development Code and section 4
602 for amendments to the Zoning Atlas.
+- 6. In the event a neighborhood wants to amend the development
standards established in a neighborhood conservation district or eliminate
the neighborhood conservation district, a petition signed by the owners of
at least 60 percent of the real property within the neighborhood
conservation district shall be submitted to the community development
coordinator. Along with the petitions, the neighborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neighborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation, the city manager shall submit a
written recommendation to the commission as to whether the
neighborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manager, the city commission shall consider the petition at a public
meeting and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
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Ordinance No. 7582-06
shall follow the same process and notice requirements as the original
adoption.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
March 16, 2006
April 6, 2006
4~~/~
~ V. Hibbard
Mayor
Attest:
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reyn! Goudeau _~ ..
City Clerk ~', -< '. . ,.- ,,,":'. ..
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Ordinance No. 7582-06