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: 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.
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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
July 20, 2006
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 3, 2006
~~I/~
'Fr1(nk V. Hibbard
Mayor
Approved as to form:
Attest:
ia E. Goudeau
lerk
Leslie K. Dougall-Sies
Assistant City Attorney
3
Ordinance No. 7660-06
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MEMORIAL CA SEWAY
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