8746-15ORDINANCE NO. 8746 -15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA 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 NOTICE
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:
* * * * * * * * * *
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.
* * * * * * * * * *
b.
Notice to abutting propertv owners. After the community development
coordinator has accepted a Level One (flexible standard development)
application for filing, he shall mail notice of the application to each owner
of record of anv land within a 200 -foot radius of the perimeter boundaries
of the subject property. Notice shall also be mailed to any affected
1
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than ten days
prior to the review of the application before the Development Review
Committee (determination of sufficiency). All notices shall include a
summary of the proposal under consideration, the procedure for
consideration of the application, the address of the subiect property, and
contact information for both the applicant and the City.
* * * * * * * * * *
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 is 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 applicable required by 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:
a. By publication of a copy of the notice in one or morc newspapers with
b. By sending a copy of the notice by mail to each owner of record, if
d. For Level Three approvals, by sending a copy of the notice by mail to
c. By posting a sign for Level Three approvals only, at Icxact six square feet
2
a. For Level Two approvals:
1. By sending a copy of the notice by mail to each owner of record of
any land within a 200 -foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the
Community Development Board.
2. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. The sign shall include the case
number, property address, hearing dates and a contact phone
number.
b. For Level Three approvals:
1. By publication of a copy of the notice in one or more newspapers
with general circulation in the City of Clearwater.
2. By sending a copy of the notice by mail to each owner of record of
any land within a 200 -foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the City
Council. If more than 30 owners of property are involved, unless
otherwise directed by the City Council, in -lieu of mailing such
notice, the clerk may publish the notice at least twice in a
newspaper of general circulation in the city of Clearwater.
3. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. However, if a single application
includes more than 25 contiguous parcels and is greater than 10
acres, then no sign shall be required to be posted.
4. By certified mail to the property owner for the voluntary annexation
of a noncontiguous property in an enclave as defined in Section
171.031(13)(a), Florida Statutes, within the city's service area.
The certified mailing shall be sent prior to each reading of the
ordinance.
* * * * * * * * * *
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.
3
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.
JUN 1 8 2015
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Camilo Soto
Assistant City Attorney
4
JUL 1 6 2015
-- eke.0r4e ket t•o,
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk