9856-25 Docusign Envelope ID:5DC471C7-2B8D-49B8-9611-1FF1D8AE65F2
ORDINANCE NO. 9856-25
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION
7. SUBDIVISIONS/PLATS, SECTION 4-701. PURPOSE AND APPLICABILITY,
SECTION 4-702. REQUIRED APPROVALS, SECTION 4-704. STAFF REVIEW
AND REPORT/DECISION, SECTION 4-706. FINAL PLAT REVIEW/STAFF, AND
SECTION 4-709. STANDARDS FOR REVIEW; ADDING NEW SECTION 4-704
SUBMITTAL OF PLATTING APPLICATION, DELETING SECTION 4-705.
COMMUNITY DEVELOPMENT BOARD DECISION AND SECTION 4-707. CITY
COMMISSION REVIEW/DECISION/FINAL PLAT, AND RENUMBERING
REMAINING SECTIONS ACCORDINGLY; CERTIFYING CONSISTENCY WITH
THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Clearwater(the"City")adopted the Community Development Code
(the "Code") on January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, the City has made numerous amendments to the Code to account for
changing conditions within the City; and
WHEREAS, the Governor of Florida signed into law Senate Bill 784 (2025), An Act
Relating to Platting, which requires that certain plat or replat submittals be administratively
approved, and amendments to the Code are needed to comply with those statutory changes; and
WHEREAS, the City has determined that these amendments to the Code promote and
support the public health, safety, morals, and welfare, of the City's residents; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout the City; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; 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 7.
Subdivisions/Plats, Section 4-701. Purpose and Applicability, Community Development Code, be
amended to read as follows:
ARTICLE 4. - DEVELOPMENT REVIEW AND OTHER PROCEDURES
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DIVISION 7. -SUBDIVISIONS/PLATS
Section 4-701. Purpose and applicability.
The purpose of this division is to establish procedures and standards for the subdivision of
land to ensure the orderly layout of property, to ensure proper legal descriptions and
monumenting of subdivided property, and to implement the comprehensive plan. In the event of
conflict between the provisions of this division and other provisions of this community
development code regarding the processing of plat applications, this division shall govern.
&.__A plat shall be re uiredappfeved for all subdivisions and condominiums within the corporate
limits of the city, except where a project qualifies as a minor lot adjustment under one of the
following scenarios:
1.A-. The reversion, combination.,or recombination of portions of previously platted lots.where
no Such action shall not create new parcels. ^: Fesid al ^"Gels aFe ^re-ate-! Mfl" " afe
smaller than aRY of the GFigiRal lots GF Such platted lots may be smaller than the applicable
minimum lot area requirements OF; e 2 f this Development Code.
2.B—. The conveyance of a lot or tract to an adjacent lot or tract which neither reduces any lot
or tract to an area or width less than required in Article 2 of this Development Code for the
zoning district in which the lot or tract is located nor is inconsistent with any other provision
of this development code.
3_0. The division of previously plattedReal property (platted or otherwise) is divided in a
manner where:
a_4-.Not more than two tracts or lots are created 0 RVG!ved
b2-.No new street, eFalley, additions, or re-subdivisions areis proposed or additional
right-of-way is required or proposed;
c_3-.No vacation or elimination of streets, alleys, setback lines, access control or
easements is required or proposed;
d_4:All easement requirements have been or will be satisfied;
e_6-.The division will not result in a tract or lot that does not have direct access to a street;
and
f. A.The division complies with all the provisions of this development code.
B_D-.Applications for minor lot adjustments shall include a survey of the existing lots and a survey
and legal description of the proposed new lots. The community development coordinator shall
process applications as a Level One (minimum standard) approval and all new lots shall
comply with the minimum lot size, width, setback, ISR and FAR requirements required by the
zoning district in which the property is located. After such new lots are recorded in the county,
the applicant shall file copies of the recorded legal descriptions and survey with the community
development director. The city engineer shall be responsible for recording such approved lot
adjustments on the city's Zoning Atlas.
Section 2. That Article 4. Development Review and Other Procedures, Division 7.
Subdivisions/Plats, Section 4-702. Required Approvals, Community Development Code, be
amended to read as follows:
Section 4-702. Required platting approvals.
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Plat if plat approval is req aired approval is obtained in two stages: preliminary and final plat
approval. Such approval alis intended to be processed simultaneously with other required
development approvals. Bothpreliminary plat approval and final plat approval ares granted by
pity staff /l�nexible standaFd) approvals and! the CGommunity Ddevelopment
Coordinator. hoard for Level Two approvals. In the event a Level Two approval is required, the
preliminary plat is a required submission and will he reviewed and approved by the nGnGrnrni inih�
state law for final plats, Tthe approval process for final plats is ministerial, assuming the final plat
compliesanGe with the preliminary plat appreva�and all requirements of the City Code. If
approval is required, final plat approval rn us+ he obtained before a building permit may he issue,t
Section 3. That a new Article 4. Development Review and Other Procedures, Division
7. Subdivisions/Plats, Section 4-704. Submittal of Platting Application, Community Development
Code, be added to read as follows:
Section 4-704. Submittal of Platting Application.
Within seven business days of receipt of a plat application, the applicant shall be provided a
written notice acknowledging receipt of the application and identifying any missing documents or
information necessary to process the application. The notice shall provide information regarding
the approval process including completeness requirements and the timeframes for review.
Section 4. That Article 4. Development Review and Other Procedures, Division 7.
Subdivisions/Plats, Section 4-704. Staff review and report/decision, Community Development
Code, be renumbered, renamed and amended and Section 4-705. Community Development
Board Decision, Community Development Code be deleted to read as follows:
Section 4-7054. Preliminary Plat Staff revii`w and Community Development Coordinator
reviewfepoir e^°gin.
After The Ceommunity Ddevelopment Ccoordinator shallhas reviewed an application for a
preliminary plat' eyel One approval with the development review committee in annnrdanne with
the pFevisiensf 8estisR4 202(G) and {B3to determine compliance with this community
development code and state law. If compliance is determined, the coordinator shall approve the
preliminary plat to proceed to the final plat review phase.nr in the pace of a level Two apprn.,al
apnliran+ setting f9Fth rerGmmeRded findings rr)nrerniRg the annliratien.
4-705 CaMMURM
In the event a preliminary plat is req sired in nGniUnrtien with a Level Two appFeyal the
Gornmunity development board shall Gonsider the applina+inn in the same manner as required in
CertiGn 4 05 fell:the Level Two appFeyal
Section 5. That Article 4. Development Review and Other Procedures, Division 7.
Subdivisions/Plats, Section 4-706. Final Plat Review, Community Development Code, be
renamed and amended, Section 4-707. City Commission Review/Decision/Final Plat, Community
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Development Code, be deleted, and Section 4-708. Recording of Final Plat, Community
Development Code, be renumbered, to read as follows:
Section 4-706. Final plat review and Community Development Coordinator decision./sfa#f.
After a-preliminary plat approval) eyel One or Level Two approval is granted, the applicant
shall submit a final plat for review, and approval in annnrdanne with the provisions of Sen+inn A_
202(G), (9), and (E). if the rVernmi-Inity development GGGFdinatGF deteFFRines that the final plat is OR
DevelepmeRt Code, the GGGFdiRatall:shall submit his FeG()FnFneRdatm()R of appFeval of the fiRal plat.
to the nit y nnmmissinn
Unless the applicant requests an extension of time, the plat shall be approved, approved with
conditions, or denied within the timeframe identified in the written notice provided to the applicant
under CDC Section 4-704. The Community Development Coordinator, an official, an employee,
an agent, or any other designee of the City, may not request or require the applicant to file a
written extension of time.
If the Community Development Coordinator determines that the final plat is in substantial
conformity with the preliminary plat and complies with all the provisions of this Development Code
and state law, the coordinator shall approve the final plat setting forth findings concerning the
application.
If the Community Development Coordinator does not approve the plat, they must notify the
applicant in writing of the reasons for declining to approve the submittal. The notice must identify
all areas of noncompliance and include specific citations to each requirement the plat submittal
fails to meet.
Sweden 4_707 City i. FeviewIdeGmsmonIfipal P!
vc
shall plgace
�-�r
meeting The rite nommission shell approve the final plat as pert of the Consent agenda Unlace
fn,-r members of the pity nnmmissinn vote to remove the final plat from the nnnsent agenda In
the event the final plat is removed from the nonsent ageRda the nit y nommission shall approve
the final plat by a majority vote ,1nless it specifically finds that the plat 'toes not GeRfGrm to the
standaMs of this Deva-lopment Gede
Section 4-7078. Recording of final plat.
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Section 6. That Article 4. Development Review and Other Procedures, Division 7.
Subdivisions/Plats, Section 4-709. Standards for Review, Community Development Code, be
renumbered and amended to read as follows:
Section 4-7089. Standards for review.
All plats shall be in conformity with Article 3 of this Development Code, unless moi-lified by the
nnmm„nity development hoary-! as part of a Level Two approval
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Section 7. 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 8. 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 9. 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 10. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 11. This ordinance shall take effect immediately upon adoption.
November 20, 2025
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL December 4, 2025
READING AND ADOPTED
Signed by:
vt�cc, "br
Bruce Rector
Mayor
DS
Approved as to form: Attest:
Signed by: FR
QocuSigned by:
R'�RYIq Ct/l l G Lau
6[�fi`sFEBFFEb
Matthew J. Mytych, Esq. Rosemarie Call, MP , MMC
Senior Assistant City Attorney City Clerk
5 Ordinance No. 9856-25