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MEETING DATE:
AGENDA ITEM:
CASE:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
June 16, 2015
F. 2.
TA2015-05003
ORDINANCE NO.: 8746-15
REQUEST: Review and recommendation to the City Council, of an amendment to the
Community Development Code.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The Planning and Development Department has regularly reviewed the Code as it applies to certain
proposed development. Staff has provided input toward improving the Code based on how staff has
experienced the Code's application toward various circumstances.
ANALYSIS:
Proposed Ordinance No. 8746-15 amends some aspects as to how public notice is conveyed for Level
One, Two and Three applications. Notice for Level One, Flexible Standard Development applications
shall continue to be done by mail only. Notice for Level Two, Flexible Development applications
would be provided by mail and by posting a sign on-site (new) with advertisement in the newspaper no
longer required. This change will result in reduced cost to the public in the provision of public notice,
and will allow staff additional time to prepare case descriptions for notices (reducing potential for
errors) as the notice timelines will no longer be constrained by newspaper deadlines. Notice for Level
Three applications would also continue to be by publication of notice in the newspaper, by mail, and by
posting a sign on-site. The only change concerning Level Three applications is an exemption to
posting a sign on-site when the application involves 25 contiguous parcels and is greater than ten acres.
This exemption is proposed to eliminate what would potentially be an expensive requirement to the
public, as well as the elimination of substantial amount of visual clutter that would result from the
posting.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of
the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan did not find any Goals, Objectives or Policies that
would be applicable to the provision of public notice. While the proposed amendments will not
further any specific Goal, Objective or Policy, the proposed amendment will not be detrimental to
the Comprehensive Plan.
2. The proposed amendment furthers the purposes of the Community Development Code and
other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further Section 1-103.A., CDC, by improving the rules of
procedure for land development approvals through improvements to public notice requirements.
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 procedure 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 (Section 1-103.A.,
CDC).
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is not inconsistent with the goals,
objectives and policies of the Clearwater Comprehensive Plan and will further the purposes of the
Community Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8746-15 that amends the Community Development
Code. -�� "7 �
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Prepared by Planning and Development Department Staff: � ���
Robert G. Tefft,
Development Review Manager
ATTACHMENTS: Ordinance No. 8746-15
Community Development Board — June 16, 2015
TA2015-05003 — Page 2
ORDINANCE NO. 8746-15
AN ORDINANCE OF THE CITY OF CLEARWATER, F�ORIDA MAKING
AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE
REQUIREMENTS FOR LEVEL ONE APPLICATIONS; AMENDING
ARTICLE 4, SECTION 4-206, TO CHANGE THE NOT�CE
REQUIREMENTS FOR LEVEL TWO AND THREE APPLICATIONS;
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 for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for Development Approval, Community
Development Code be amended to read as follows:
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C. Determination of completeness.
1. Determination of completeness. Within seven working days after the published
application deadline, the community development coordinator shall determine
whether an application is complete.
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b. Notice to abuttinp prope►tv owners. After the communitv development
coordinator has accepted a Level One (flexible standard development)
application for filinq, he shall mail notice of the application to each owner
of record of anv land within a 200-foot radius of the qerimeter boundaries
of the subiect propertv. Notice shall also be mailed to anv affected
r_ectistered local neicihborhood association and to anv citywide
neiqhborhood association. Notice shall be provided no less than ten davs
prior to the review of the application before the Development Review
Committee (determination of sufficiencv). All notices shall include a
su_mmarv of the proposal under consideration, the procedure for
consideration of the application, the address of the subiect qropertv, and
contact information for both the applicant and the Citv.
**********
Section 2. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-206, Notices and Public Hearings, Community Development
Code be amended to read as follows:
**********
C. Notice of hearings. The city clerk +s shall be responsible for providing notices for all
required public hearings=_
1. All notices of public hearings shall include:
a. The date, time and place of the hearing.
b. A summary of the proposal under consideration.
c. The address of the property and a locational map graphically portraying
the location of the property (if a�4isa�le required bv Florida Statute).
d. A contact in the city and telephone number in order to obtain further
information.
2. All notices of public hearings shall be provided:
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a. For Level Two approvals:
1. Bv sendina a copv of the notice bv mail to each owner of record of
anv land within a 200-foot radius of the perimeter boundaries of
the subiect propertv. Notice shall also be mailed to anv affected
reQistered local neiphborhood association and to anv citvwide
neiahborhood association. Notice shall be provided no less than
ten davs prior to the review of the application before the
Communitv Development Board.
2. Bv postinq a sian at least three sauare feet in area and not
exceeding six feet in heiqht facinp the street(s) on the parcel
proposed for development. The sian shall include the case
number, proqertv address, hearinq dates and a contact phone
number.
b. For Level Three approvals:
1. Bv publication of a copv of the notice in one or more newspapers
with qeneral circulation in the Citv of Clearwater.
2. Bv sendinq a copv of the notice bv mail to each owner of record of
any land within a 200-foot radius of the perimeter boundaries of
the subiect propertv. Notice shall also be mailed to anv affected
reqistered local neiqhborhood association and to anv citywide
neighborhood association. Notice shall be provided no less than
ten davs prior to the review of the application before the Citv
Council. If more than 30 owners of propertv are involved, unless
otherwise directed by the City Council, in-lieu of mailing such
notice. the clerk mav publish the notice at least twice in a
newspaper of qeneral circulation in the citv of Clearwater.
3. Bv postinq a siqn at least three sauare feet in area and not
exceedinq six feet in heiqht facing the street(s) on the parcel
proposed for develoament. However, if a sinqle application
includes more than 25 contiquous parcels and is areater than 10
acres, then no siqn shall be required to be posted.
4. Bvi certified mail to the propertv owner for the voluntarv annexation
of a noncontiauous proaertv in an enclave as defined in Section
171.031(13)(a), Florida Statutes, within the citv's service area.
The ce�tified mailinQ shall be sent prior to each readinQ of the
ordinance.
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Section 3. Amendments to the Community 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. 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 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
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:
George N. Cretekos
Mayor
Attest:
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk