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CITY OF CLEARWATER (2) , Cn~lCLE:.Rh J~~ ORDINANCE NO. 2646-82 AN ORDillANCE OF THE CITY OF CLEARWATER, FL'ORIDA, AMENDING ORDINANCE NO. 1361, AND AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER, FLORIDA, 1982, AS AMENDED, BY SETTING FOR TH CER TAIN CONDITIONS TO WHICH THE PROPER TY-SO ZONED IS SUBJECT IN ACCORDANCE WITH PREVIOUS CITY COMMISSION ACTION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR T.HE SEPARA- BILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DA TE OF THIS ORDINANCE. WHEREAS, on February 7, 1972, the property set out below was zoned PKB, Parkway Business (now called CP, Commercial Parkway): l. From the South corner of Lot 234 of Morningside Estates Unit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinellas County, Fla.rida, and run S 44.34' 45" E, 60.0 feet for the P. O. B. ; thence continue S 44.33'4511 E, 225 feet; thence run N 45826'1511 E, 295 feet; thence run N 44833'45" W, 15S feet; thence run Westerly 110.00 feet t. to a point on South right of way line of Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60, page 33; thence run S 4S .26'1 S" W along said South right of way line of Flushing Avenue 210 feet to P. O. B, ; containing 1.46 acres M. O. L. and being a part of Lot 17, Pinellas Grove s in the NW' 1/4 of Section 19, Township 29 South, Range 16 East, and a part of Lot 24, Pinellas Groves in NE 1/4 of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida; and WHEREAS, at the time of public hearing on such zoning, the City Commission imposed conditions on such zoning as reflected in the minutes of the meeting of the City Commissil?n; and WHEREAS, such conditions were inadvertently left out of the ordinance; and WHEREAS, it is neces sary to amend such ordinance to more accurately reflect the action taken by the City Commission; and WHEREAS, on April 15 , 1982, t.'1.e City Commission of the City of C~earwater, after proper public notice, held a public hearing on certain proposed changes to the zoning atlas of the City of Clearwater in acccr dance with procedure as established; and -1- jSQ;)..b ~ 11 ~ . I I WHEREAS, certain of the proposed changes and amendments to the zoning atlas were approved by the City Commission after its evaluation of all evidence presented at the said public hearing; a~d WHEREAS, the Local Government Comprehensive Planning Act (LGCPA) requires that all development regulations and amendment; thereto related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency (LPA) for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PC PC has adopted guidelines with reference to each required referral process; and WHEREAS, this Ordinance has been referred to and considered by _ the PCPC under said proces s; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Ordinance No. 1361, passed on February 7, 1972, be and the same is hereby amended and supplemented by the addition of a new Section 2 to read as follows: "Section 2. That the zoning granted in Section 1 is hereby made subj ect to the following conditions:' (a) That such property shall be subj ect to a 42 foot building height; (b) That such property may only be used for profes sional office use or restaurant use; and (c) That no night club may be instituted as a use of the property. II Section 2. That all the remaining sections contained in Ordinance No. 1361 are hereby amended by renumbering such sections as follows: 'ISection 6 1.. The Zoning Map of the City of Clearwater, Florida, of 1971, as amended, and as further amended by this Ordinance, is hereby re-adopted and approved as so . amended except that it is hereby redesignated as liThe Zoning Map of the City of Clearwater, Florida of 1972", and Chapter 26 of Code of Ordinances, City of Clearwater, Florida, 1962, the City zoning ordinance and law, as amended, is hereby amended in ea'ch instance in which a zoning map is referred to by providing that such zon0g map shall be liThe Zoning Map of the City of Clearwater, Florida of 1972". Said Zoning Map consists of a -2- I I . .." title and summary, page designated Sheet 1 and additional separate sheets, each covering a portion of the City as indicated thereon. The Zoning Map and.zoning ordinance and law of the City of Clearwater .as so amend'ed and adopted shall be enforced from and after the effective date of this ordinance. Section ~ i. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4 ~. 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';" 2,.. Any person or person:!!, firm or corporation or association of persons, who shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the Municipal Court, be fined not exceeding the sum of Five Hundred Dollars ($500.00), or imprisomnent in the City Jail for not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the Municipal Judge. Section~.1. The Planning Director is directed to include and set out and show upon the official zoning map of the City of Clearwater the foregoing amendments as hereinabove set out. Section:; - 8. The provisions of this ordinance shall take effect immediate~y upon its passage. " Section 3. The City of Clearwater does hereby certify that the measures contained in this ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. Section 4. All ordinances or parts of ordinances in conflict herewith are to the ,extent of such conflict hereby repealed. 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 Section 166.041, Florida Statutes. -3- ~ \ . ~ ~. I . ." I Section 7. The Planning Director is directed to include and set out and show upon the official zoning atlas of the City of Clearwat er the foregoing amendments as hereinabove set out. Section 8. The proyisions of this ordinance shall take effect irrlmediately u'pon its passage. PASSED ON FIRST READING April 15, 1982 PASSED ON SECOND AND FINAL READING AND ADOPTED Ma y 6. 1982 I s I Charles F. LeCher Mayor- Comrnis sioner Attest: I s I Lucille W illiarns City Clerk : -4- '~ ,_ c" I P II ij- MEMORANDUM TO: The City Commission of the City of Clearwater SUBJ'ECT: I Agenda No. Meeting Dote: /'1 4/15/82 . Proposed Amendment to Zoning Ordinance No. 1361 adopted on February 7, 1972 (City) RECOMMENDATION: City Corrunission approve the proposed amendment to add Section 2 to Ordinance No. 1361; and direct the City Attorney to include this in an ordinance. ClAnd that the appropriate officials be authorized to execute same. BACKGROU NO: -- / On January 17, 1972, the City Commission held a public hea~ing on the zoning of a parcel of land located at the nQrtheast corner of Flushing Avenue and Harn Boulevard to Parkway Business (now called CP-Commercial ,Parkway). At that time, the City Commission imposed certain conditions on the zon1ng as reflected in the minutes of that meeting. The subsequent Ordinance No. 1361 did not accurately reflect the conditions imposed by the City Commission at that public hearing. Ordinance No. 2646-81 which 1S attached is proposed to amend and supplement those conditions as set out in Ordinance No. 1361 by adding Section 2 as noted below: "Section 2. That the zoning granted in Section 1 1S hereby made subject to the following conditions: (a) That such property shall be subject to a 42 foot building height; (b) That such property may only be used for professional of- ficeuse or restaurant use; and (c) That no night club may be instituted as a use of the pro- perty." The Planning and Zoning Board at its meeting of April 6, 1982 recommended approval by a unanimous vote. J l~'~'~ ~ / Submitted by: / . - '~i~:.I-:~.~>i;:::~.~~'~,'",,~~~- Commission Disposition: Cvrtf Adverti$ed: Date: 3/27/82 Follow-up Action: City Manager Paper: Cl w. Sun CNot Required GAffected Parties Notified of Meeting CJ Not Required Costs: N/ A Funding Source: Cl Capital Improve- ment Budget Cl Operating Budget o Other [2!JAttachments: Drawing Ord. #1361 Ord. #2646-81 Minutes 2/7/72 Letters ,J~f(J? - /7 Date a Sequential Reference Originating Department: Planning Appropriation Code o None "'J -'-~-":r"'--'-'C''''''-'IH '," [-.'. lA ROLE S :. , .'G S \ 0 ' 19 ~ P ~ I I' , .. ''''--1 -'.-, "'-'rh_.. OR. 'rv l"\'" rr> CD CD J: ,.... - - ~ ~ CD ~ - u > - z c.. Cl. ~ 0 a.. 0 ~ C 1% J- ~ 14 15 14- 223 237 -~ 241 J: ~ o ~ I- u - :2 0::; ~' X l:J Z X <I) ~ ..J II. . 2~ PENTHOUSE VILLAS OF MORNINGS IDE 20-122 C:, 23 v2 ! v 25 2.6 395 H ARN 138 .... 32~ _ I~ I I Cj<::JI -- -- I I ' I I ~ ! L~! ---I~~---~f 340 <:) z a:: .., a.. :J - 'NOTICE OF PUBLIC HEARING to coaaicl.. m AIIend::1l11l': :0 Za!11:l.C Oro:1::a.cce ~lo. 1301 by aacllnc Sec'::'O!l 2. .Sec':1a!l 2, ~c t~e :QDlnc ~ted i: Sea, 1 :.~ aereby :ade SUCjeac to tl1e t'.:lu'.::lI1:Ig call<t1ti.::aa: (1) ~t sucn ;l~er':7 s~ll oe sue~ect t.:l a ~2 ~::at o~ll:~ ~eL;r.t; . (2) !'hat suc!2 ;ll"OpeM:7 :::&Y 01117 oe :.:aed t'or ;ll"Ot'essi.c:nal ot'~:.::. t.:se or :"IStalU'8AC 'JoSe: mcl r <3l 1'l:ac 1I0 :t16!1t clue ::ay oe i:at1tuted as a 'JoSe at' ~. ,rope:-':7. ~ - .. - Planning and Public Hearing City _ Item Number Zoning Bqard '-1-'-82 Commiss ion 1../ -IS - 82- - -- ~ Township 2 I) Range I ~ G" I '-I I I Section (OJ Atlas Page J- 0 . . '200' .. Single Family A Duplex o Multi-Family .6 Business v Vacant t~ I \) I I I n C ... ... .. ~ :or c. o z: ~~ '. "I I . ORDINANCE NO. 1361 --- AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF CLEAlt'VATER, FLORIDA, 1973, AS A1\.fENDED, BY RECLASSIFYING A1~D ZONING CERTAIN:PROPERTY AS DESCRIBED HEREIN; BY REDESIGNATING SAID ZONn~G l\1AP, AS AMENDED, AS liTHE Z-ON1NG 1\1AP OF . THE CITY OF CLE,AR\VATER, FLOIUDA, OF 1972u; BY PROVIDING FOn. REPEAL OF ORDiI~ANCES OR PARTS OF ORDINA.l~CES IN CONFLICT HEREVrITH TO THE EXTENT OF SUCH CONFLICT; BY PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; BY PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINA.1~CE AND PROVIDING FOR THE EFFECTIVE DATE OF TillS ORDINANCE. - WHEREAp, On January 17, 1972, the City Cornmissio~ of the City of Cl~ar\Vater, after proper public ,notice, held a publi~ hearing on certain proposed changes to the zoning map of the City of Clearwater in accol-dance with procedure as established; and '. " , ..... - WHEREAS, certain of the proposed ~hanges and amendments to the zoning Inap were approved by the City Commission after its evaluation of all eviderJce presented at the public hearing;, NOW, THEREFORE, BE IT ORDAll\ED BY THE CITY . COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby classified and zoned as hereinafter indicated and liThe Zoning Map of the City of Clearwater, Florida, of 1971, IL as amended, is amended to indicate that fact as her einafter set out: Zoned as PKB - Parkway Business From South corner of Lot, 234 of Mor:ningside Estates Uilit 2, as recorded in Plat Book 60, page 33 of the Public Records of Pinel1as County, Florida, and run S 44G34145" E, 60.0 feet for the P. O. B. ; thence continue S 44G33'45" E, 225 feet; thence run N 45G26'15" E, 295 feet; thence run N 44G33'4511 'V, 155 feet; thence run W"esterly n()~-CfOfeef-+ toa- point-on--South rig)ltoi-way-liiieor-------- Flushing Avenue that is 210 feet NE of intersection of Flushing Avenue and Harn Boulevard as platted in said Plat Book 60. . page 33; thence run S 45G 26115" W along said South right of way line of Flushing Avenue 210 feet to P. O. B. ; containing 1.46 acres M. O. L. and being a part of Lot 17" Pincllas Groves in the NW 1/4 of S~ction 19. Township 29 South, Range 16 East, and a part of Lot 24, Pincllas Groves in NE 1/4 of Section 19. Township 29 South, Range 16 East. Pinellas County, Florida. -1- .' .' ., I: ~ Section 2. The Zoning M,ap of the Ciiy of Cl<::anvatcT., FJorillCl" of 1971, as amended, and as further amend(:d h)r thi!: Ordinance, is hereby re- adopted and approved as so all~cnc1ed except thut it is hereby redesignated as - liThe Zoning Map of the City of Clcal-wateJ.", Flul"ida of 197211, and Chapt<::l' 26 . of Code of Ordinances, City of Clearwater, Florida, 1962, the City zoning ordinance and law,. as an~cnded, is hereby amcnded in e<lch instance in which a :z.oning map is referred to by pl'oviding that such zoning n~ap shall be liThe Zoning Map of the ,City of Clearwater, Florida of 1972. II Said Zoning Map consists of a title "and sun~mary page designated as Shett 1 aDd additional separate sheets, each covering a portion of the City as indica~ed thereon. The Zoning Map and :z.oning ordinance and law of the City of Clearwater as so amended and adopted shall be enforced from and after the effective date of this ordinance. SeCtion 3. All ordinances or parts oi ordinances in conflict herewith . . , ' " ,. - are to the eA-tent of such conflict hereby repeal~d.. Section 4. Should any part or provision of this "ordinance be declared by a court of competent jurisdiction to be invalid, the same shall n"ot affect ". ,the validit.-y of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Any person or persons, firm or corporation or association of persons, who shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the Municipal Court, be fined not exceeding the surn of Five Hundred Dollars ($500. 00). or imprisonment in the City Jail for not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the Municipal Judge. Section 6. The Planning Director is directed to include and set out and show upon the official zoning map of the City of CleaX'\~ater the foregoing amendments as hereinabove set out. , " . -2- -- .. I I. Section 7. The provi:::j ons of this orrlinClDce l'ihall take effect inunediCltely upon its passage. PASSED ON FIRST READING February 7, 1972 PASSED ON SECOND AND FINAL READING AND ADOPTED February' 7, 1972 / s / H. Everett Hougen Mayor-Commissioner Attest: . . /5/ R: G. Whitehead City Clerk . -:-- , ' '.... .-3- . . , .:::~... ,. .. '. I. I, -6- CITY COMMISSION MEETING Feb%:'Ja~ 7, 19 72 ~ ITEM 12c. - A public hearing on zoning amendment for: The following property to be changed from R-M (multi-family) with limited business) to PKB ( parkWay business): Begin at Northeast corner of Ham Blvd. and Flushing Ave., Section 19-29-16, run , Southeasterly 225 ft., Northeasterly 295 ft., Northwesterly 155 ft., West 110 ft., Southwesterly along Southerly line of Flushing Ave., 210 ft. to P_O.B.. being a part of Lot 17 in NW\; and Lot 24 in NE\;, PiDellas Groves, Section 19-29-16 - Blackburn. The City Manager described the request for changing the restaurant property from R-M to PKB and reported the Planning & Zoning Board had recommended denial without prejudice as information was not available concerning disposition of the abutting property zoned R-M other than the swimming pool property to be purchased by the City. The City Mana.ger explained that the owners ha.d provided a coven,ant that the restaurant tract and the abutting R-M property would have no structures over 42 ft. in height. He recommended approval providing applicant signs covenant not to be used for any use beyond restaurant or professional office use. Wm. Nelson, 2346 Ham Blvd., objected because professional use would create parking and traffic problems. Discussion ensued. Mr. Wm. Gilkey, attorney, spoke representing the applicant. The City Manager summarized the agreement with Blackburn brothers concerning purchase of the swimming pool complex and the 5 yr. option to buy the adjoining ac~eage. Commissioner Carwise moved that the applit:ation of the Blackbuzns to change R-M (multi-family with limited business) to PKB (parkway business) be approved with the restriction of 42 ft. building height, for professional office use only or restaurant, no night club, and the City Attorney be instructed to include this in an amendment to the Zoning ordinance to be brought back to this Commission for approval as soon as possible, with the provision that if the City should ever exercise their option the land would be used for recreational purposes. Motion was seconded by 'Colllllli.ssioner Williams a.nd carried ,unanimously_. _ ' . --.... I .~ (' ,r \...-<l~~' ... ~ I ~ yt -If:, NOTICE OF PUBLIC HEARING Planning and Zoning Board - Tuesday, April 6, 1982, at 1:30 p.m. AND Clearwater City Commission - Thursday, April 15, 1982, at 7:30 p.m. Place - COMMISSION MEETING ROOM, CITY HALL, Clearwater, Fl. To consider an Amendment to Zoning Ordinance No. 1361 by adding Section 2. "Section 2, That the zoning granted in Sec. 1 is hereby made subject to the following conditions: (1) That such property shall be sub.ject to a 42 foot building height; (2) That such property may only be used for professional office use or restaurant use; and (3) That no night club may be instituted as a use of the property. Florida Statute 286.0105 states: Any applicant appealing a decision of this board must have a verbatim record of the proceedings to support such an appeal. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or City Clerk prior to appropriate Public Hearing. City of Clearwater, Fl. David Healey, Planning Director Lucille Williams, City Clerk Adv: 3/27/82