7917-08
ORDINANCE NO. 7917-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS
ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001,
OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AND
AUGUST 14, 2007, BY AMENDING THE COASTAL MANAGEMENT
ELEMENT; AMENDING THE DEFINITION OF COASTAL HIGH
HAZARD AREA; PROVIDING A METHOD FOR HANDLING PARCELS
WHERE A PORTION OF THE PARCEL IS LOCATED WITHIN THE
COASTAL STORM AREA; DELETING CURRENT POLICY 22.2.2;
PROHIBITING THE LOCATION OF NEW HOSPITALS, NURSING
HOMES, AND ASSISTED LIVING FACILITIES WITHIN THE COASTAL
STORM AREA AND THE AREA INUNDATED BY A CATEGORY 2
HURRICANE AS DEPICTED BY THE SLOSH MODEL; PROVIDING
FOR COOPERATION WITH PINELLAS COUNTY EMERGENCY
MANAGEMENT TOWARD REDUCING THE OUT-OF-COUNTY
HURRICANE EVACUATION CLEARANCE TIME; ADOPTING A LEVEL
OF SERVICE STANDARD FOR OUT-OF-COUNTY HURRICANE
EVACUATION CLEARANCE TIME FOR A CATEGORY 5 STORM
EVENT; RENUMBERING SOME OBJECTIVES AND POLICIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the City
of Clearwater to plan for the future development and growth of the City, and to adopt and
periodically amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000
by Ordinance Number 6522-00; and
WHEREAS, the City Council approved Ordinance Number 6794-01, which amended
the Comprehensive Plan of the City on July 12, 2001; and
WHEREAS, the City Council approved Ordinance Number 7295-04, which amended
the Comprehensive Plan of the City on October 7, 2004; and
WHEREAS, the City Council approved Ordinance Number 7388-05, which
amended the Comprehensive Plan of the City on October 20, 2005 and December 15,
2005; and
WHEREAS, the City Council approved Ordinance Number 7782-07, which amended
the Comprehensive Plan of the City on August 14, 2007; and
Ordinance No. 7917-08
WHEREAS, certain amendments are statutorily required, and others are advisable
in order to harmonize the Comprehensive Plan with state law and good planning practice;
and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 5 to the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. Severability. If any section, provision, clause, phrase, or application
of this Ordinance shall be declared unconstitutional or invalid for any reason by a court
of competent jurisdiction, the remaining provisions shall be deemed severable
therefrom and shall remain in full force and effect.
Section 3. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.3177,
163.3178,163.3184,163.3187 or 163.3189, F.S., as amended.
PASSED ON FIRST READING
April 17, 2008
2
Ordinance No. 7917-08
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- I s
Assistant City Atto ey
.111]Y 17. 2008
~~ }:/ ~
Frank V. Hibbard '
Mayor-60~R~ilrn~mB8~
Attest:
3
Ordinance No. 7917-08
EXHIBIT A
ATTACHMENT TO ORDINANCE 7917-08
AMENDMENT 1 COAST AL MANAGEMENT ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amendfollowing Objective 22.2 of Goal 22 of the Plan on page E-2 asfollows:
* * * * *
22.2 Objective - The coastal high hazard storm area includes' areas that have
experienced severe damage or are scientifically predicted to experience damage
from storm surge, 'Naves and erosion. shall be the area delineated in
Map 13-8 of the Coastal Management Element. which encompasses all of the
following:
(1) the Coastal High Hazard Area (CHHA), which shall be defined by the
Sea. Lake and Overland Surges from Hurricanes (SLOSH) model to be
inundated from a category one hurricane, as reflected in the most recent
Regional Evacuation Study, Storm Tide Atlas.
(2) all land connected to the mainland of Clearwater by bridges or
causeways,
(3) those isolated areas that are defined by the SLOSH model to be
inundated by a category two hurricane or above and that are surrounded by
the CHHA or by the CHHA and a body of water, and
(4) all land located within the Velocity Zone as designated by the Federal
Emergency Management Agency.
The City shall direct permanent population concentrations away from known or
predicted coastal high hazard areas consistent with the goals, objectives and policies
of the Clearwater Comprehensive Plan.
* * * * *
AMENDMENT 2 COASTAL MANAGEMENT ELEMENT GOALS,
OBJECTIVES AND POLICIES
Add new following Policy 22.2.1 of Goal 22 of the Plan on page E-2 asfollows:
* * * * *
Policies
22.2.1 If 20% or more of a parcel of land is located within the coastal storm area,
then the entire parcel shall be considered within the coastal storm area,
with the exception of specific parcels located on the bluffs of Clearwater
Harbor that the City has identified in Map 13-8 of the Comprehensive Plan.
1 Exhibit A Ordinance No. 7917-08
However, if either a parcel of land or a group of parcels that are part of a
master development plan is equal to or greater than 5 acres and less than
50% of the parcel or group of parcels is within the coastal storm area, the
property owner may elect to provide a survey of the parcel or parcels to
determine the exact location of the coastal storm area.
* * * * *
AMENDMENT 3 COASTAL MANAGEMENT ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amend Policy 22.2.1 and remove Policy 22.2.2 of Goal 22 of the Plan on page E-2 as
follows:
* * * * *
Policies
~
22.2.2 Clearwater shall continue hazard mitigation by participation in the
National Flood Insurance Program's (NFIP) Community Rating
System, Pinellas County's Local Mitigation Strategy, administration
of building and rebuilding regulations consistent with City and
FEMA F .E.M.A. regulations, prohibition of beach sand dune
alteration, and restriction of development in flood plains.
22.2.2
The City shall designate the coastal high hazard area as the
evacuation k/el "A" zone for a Category 1 hurricane as delineated
by Pinellas County.
* * * * *
AMENDMENT 4 COASTAL MANAGEMENT ELEMENT GOALS,
OBJECTIVES AND POLICIES
Add Policy 22.2.5 of Goal 22 on page E-6 asfollows:
* * * * *
Policies
22.2.5
The City shall prohibit the location of new hospitals, nursing
homes and assisted living facilities in the Coastal Storm Area and
the area inundated by a category 2 hurricane as depicted by the
SLOSH model. as reflected in the most recent Reflional Evacuation
Study. Storm Tide Atlas.
* * * * *
2
Exhibit A Ordinance No. 7917-08
AMENDMENT 5 COASTAL MANAGEMENT ELEMENT GOALS,
OBJECTIVES AND POLICIES
Add Policies 24.3.4 and 24.3.5 of Goal 24 on page E-8 asfollows:
Policies
24.3.4
The City shall cooperate with Pinellas County Emergency
Management toward reducing the out-of-county hurricane
evacuation clearance time of 55 hours in 2006, as determined in
the Tamva Bay Region Hurricane Evacuation Study 2006, for a
category 5 storm event as measured on the Saffir-Simpson scale.
24.3.5
The adopted level of service standard for out-of-county hurricane
evacuation clearance time for a category 5 storm event as
measured on the Saffir-Simpson scale shall be 16 hours.
* * * *
3 Exhibit A Ordinance No. 7917-08
Mc1. p 13 -8
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