CITY OF CLEARWATER (2)
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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):
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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
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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
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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.
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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
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MEMORANDUM TO:
The City Commission of the City of Clearwater
SUBJ'ECT:
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Agenda No.
Meeting Dote:
/'1
4/15/82
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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:
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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
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/ Submitted by:
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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
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PENTHOUSE
VILLAS OF
MORNINGS IDE
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'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. ~
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Public Hearing City _
Item Number Zoning Bqard '-1-'-82 Commiss ion 1../ -IS - 82-
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I I Section (OJ Atlas Page J-
0 . . '200'
.. Single Family A Duplex o Multi-Family .6 Business v Vacant
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ORDINANCE NO. 1361
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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.
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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
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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.
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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
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liThe Zoning Map of the City of Clcal-wateJ.", Flul"ida of 197211, and Chapt<::l' 26
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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
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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.
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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 .
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CITY COMMISSION MEETING
Feb%:'Ja~ 7, 19 72
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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_. _ '
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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