95-65RESOLUTION NO. 95 -65
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER APPROVING A NEW COMMUNITY
REDEVELOPMENT PLAN FOR THE COMMUNITY REDEVELOPMENT
AREA LOCATED IN THE DOWNTOWN AREA OF THE CITY
OF CLEARWATER; MAKING FINDINGS; RESERVING RIGHTS
AND PREROGATIVES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Resolution No. 81 -67 adopted by the City
Commission of the City of Clearwater on August 6, 1981,
determined that a certain area in the downtown area of the City
of Clearwater was in need of redevelopment and so designated
that area as being a "community redevelopment area" within the
meaning of Section 163.340(10), Florida Statues, and the
boundaries for such area were corrected by Resolution No. 94 -26
adopted on April 7, 1994 (the "Redevelopment Area "); and
WHEREAS, Ordinance No. 2576 -81, enacted on December 17,
1981, adopted a community redevelopment plan for the
Redevelopment Area, and Ordinance No. 3021 -83, enacted on
February 28, 1983, amended such plan (the plan as amended is
hereinafter referred to as the "Original Plan "); and
WHEREAS, in accordance with and pursuant to the procedures
and authorizations set forth in Part III, Chapter 163, Florida
Statutes (the "Redevelopment Act "), the Community Redevelopment
Agency of the City of Clearwater, Florida (the "CRA ") has
prepared and approved a community redevelopment plan for the
Redevelopment Area'which will supersede and replace the Original
Plan and has recommended such plan to the City Commission (the
"Proposed Plan "); and
WHEREAS, the Proposed Plan was reviewed by the Planning
and Zoning Board, which is the land planning agency for the City
of Clearwater for purposes of the Local Government Comprehensive
Planning and Land Development Regulation Act, and the Planning
and Zoning Board found the Proposed Plan to be consistent with
the comprehensive. Plan of the City of Clearwater and;
WHEREAS, the City Commission has received the
recommendation of the CRA to adopt the Proposed Plan and has
caused' a public notice to be published and a notice mailed to
each taxing authority as required by Section 163.346, Florida
Statues, and a public hearing to be noticed, scheduled and held
as required by Section 163.361(2), Florida Statues;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, CLEARWATER, FLORIDA duly assembled this
17th day of August 1995,
Section 1. Findings Based on information presented to
it, the City Commission does hereby find:
(a) The recitals set forth above (including the
definitions) are hereby adopted and incorporated
i ��
n ti
herein to the full extent as if set forth in the text
of this Resolution.
(b) The public hearing required by Section 163.361(2),
Florida SLatues has boen held and closed.
(c) A feasible method exists for the location of families
who will be displac(-J from the Redevelopment Area in
decent, safe, and sanitary dwelling accommodations
within their means and without undue hardship to such
families.
(d) The Proposed Plan conforms to the general plan of the
City of Clearwater as a whole.
(e) The Proposed Plan gives due consideration to the
provision of adequate park and recreational areas and
facilities that may be desirable for neighborhood
improvement, with special consideration for the
health, safety, and welfare of children residing in
the general vicinity of the site covered by the plan.
(f) The Proposed Plan will afford maximum opportunity,
consistent with the sound needs of the City as a
whole, for the rehabilitation or redevelopment of the
Redevelopment Area by private enterprise.
(g) The Redevelopment Area consists of an area of open
land to be acquired by the City or the CPA, and such
area will not be acquired unless;
1. In the event the area is to be developed for
residential uses, the City Commission determines
that;
A. A shortage of housing of sound standards
and design which is decent, safe,
affordable to residents of low or moderate
income, including the elderly, and
sanitary exists in the City;
B. The need for housing accommodations has
increased in the area;
C. The conditions of blight in the area or
the shortage of decent, safe, affordable,
and sanitary housing cause or contribute
to an increase in and spread of disease
and crime or constitute a menace to the
public health, safety, morals, or welfare;
and
D. The acquisition of the area for
residential uses is an integral part of
and is essential to the program of the
city.
2. In the event the area is to be developed for
nonresidential uses, the City Commission
determines that:
A. Such nonresidential uses are necessary and
appropriate to facilitate the proper
growth and
development of the community in
accordance
with sound planning standards
and local community objectives; and
B. Acquisition may require the exercise of
governmental action, as provided in he
Redevelopment Act, because of:
(i)
Defective or unusual conditions
of, title or diversity of
ownership which prevents the
free alienability of such land;
(ii)
Tax delinquency;
(iii)
Improper subdivisions;
(iv)
Outmoded street patterns;
(v)
Deterioration of site;
(vi)
Economic disuse;
(vii)
Unsuitable topography or faulty
lot layouts;
(viii)
Lack of correlation of the area
with other areas of the city by
streets and modern traffic
requirements; or
(ix)
Any combination of such factors
or other conditions which retard
development of the area.
(g) The public hearing was held after public notice
thereof by publication in a newspaper having a
general circulation in the City and the notice
described the time, date, place, and purpose of the
hearing, identified generally the Redevelopment Area,
and outlined the general scope of the Proposed Plan.
(h) The Original Plan will be replaced, superseded, and
amended by the Proposed Plan effective upon the
adoption of this Resolution.
(i) The Proposed Plan conforms to and complies with the
requirements of the Redevelopment Act.
Section 2. Adoption of Plan. The Proposed plan is hereby
adopted and shall henceforth be and constitute the
community redevelopment plan for the Redevelopment Area.
Section 3. Reservation of Rights and Prerogatives.
Notwithstanding its approval of the Proposed Plan, the
City Commission reserves all rights and prerogatives of
the City Commission with respect to the independent review
of and action on any matter that Would otherwise come
before the City Commission in the normal course of its
r r
responsibilities and jurisdiction within the Redevelopment
Area.
section 4. Effective Date. This resolution shall become
effective immediately upon its adoption.
rp
PASSED AND ADOPTED this day of 1995.
Rita Garvey, Mayor -comm' sioner
ATTEST: