08-2AR RESPONSES TO DCA ORC - December 16, 2008
RESPONSES TO:
DCA’S OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR THE
CITY OF CLEARWATER
AMENDMENT 08-2AR
Note: This response uses the underline/strikethrough method of changing the Goals,
Objectives and Policies (GOPs) that were approved on first reading of City Ordinance
#7993-08 on September 4, 2008.
I. CONSISTENCY WITH CHAPTER 163, PART II, FLORIDA STATUTUES (F.S.), AND RULE
9J-5, FLORIDA ADMINISTRATIVE CODE (F.A.C.)
The City of Clearwater’s proposed Amendment 08-2AR is the Evaluation and Appraisal Report (EAR)
based plan amendments to update the Comprehensive Plan. The City’s responses are provided below to
the Department of Community Affairs (DCA) Objections, Recommendations, and Comments (ORC)
report:
A. FUTURE LAND USE ELEMENT:
1. LACK OF PLANNING TIMEFRAME:
Response: As per discussion with DCA staff, Map A-3 changed to reflect the planning timeframe of the
of 2018. Population projections as well as the Future Land Use Element
Clearwater Comprehensive Plan
Introduction and Needs Summary were also revised to reflect the planning timeframe:
A. FUTURE LAND USE ELEMENT
INTRODUCTION
The purpose and intent of the Future Land Use Element is to provide a framework for land use and zoning
decisions. It establishes the allowable use, intensity and density of land and provides for consistency between
land use classifications and zoning atlas districts. Additionally, this element provides for a citywide design
structure consisting of a hierarchy of places and the linkages between them to guide future development. Since
Clearwater is effectively built-out, the element provides for sustainable redevelopment and infill development, as
well as neighborhood preservation. Goals, objectives and policies are designed to preserve and enhance
community character and quality of life, while ensuring the continued economic vitality of the community. The
City of Clearwater’s planning horizon for the Comprehensive Plan is 2018.
Future Land Use Needs Summary
The following summarizes the Future Land Use Element:
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Clearwater has a current population of approximately 110,831 people. Seasonal residents add about 10,110
people during the winter months. The permanent population is projected to increase to 120,028 121,352 by the
year 2018 2020.
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The planning horizon for the City’s Comprehensive Plan is 2018. This is a 10-year plan as per Chapter 163,
F.S. following adoption of Ordinance 7993-08.
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2. DENSITY BONUSES FOR AFFORDABLE HOUSING INCENTIVES:
Response: Revised Policy A.2.2.7 in consultation with DCA personnel for greater specificity as follows:
A.2.2.7 The City will provide density bonuses for affordable housing developments that
demonstrate that a minimum of 15% of the total units are reserved as affordable
housing units. Such bonuses shall not exceed 50% of the density permitted by the
Future Land Use Map and shall not include properties located in the Coastal
Storm Area. The density bonus shall be established by ordinance in the
Community Development Code. The City will provide density bonuses to
developers of affordable housing and/or mixed-income developments based on
recommendations established in the City’s Local Housing Assistance Plan and
implemented through the City’s Community Development Code.
Since density bonuses are covered by A.2.2.7. , the following was revised in consultation
Response:
with DCA personnel to support Objective C.1.10.
C.1.10.1 Consider providing density bonuses for Encourage affordable housing projects that
are constructed consistent with US Green Building Council’s (USGBC) Leadership
in Energy and Environmental Design (LEED) principles or the Florida Green
Building Coalition’s (FGBC) Green Land Development and Building Standards.
3. OBJECTIVE A.4.1 AND POLICY A.4.1.1 – REGARDING LOS FOR “TRAFFIC
CIRCULATION” – CHANGE TO “ROADS”.
Response: Revised as per DCA and Florida Department of Education comments:
A.4.1 Objective – The City shall examine and upgrade the Concurrency Management and
information system as appropriate for granting development permits. This system shall
continue to consider the current, interim, and ultimately desired Levels of Service for roads
traffic circulation, transit, water, sewer, garbage collection, public school facilities, and
drainage systems and shall provide data on sub-sectors of the City in which service
deficiencies exist or in which services are adequate to serve existing and planned new
development. This level of service status will be considered and made part of the staff
recommendation at the time of zoning, site plan, or plat approval. The level of service
monitoring system shall be adjusted, at a minimum, annually to determine adequacy of
service capacity.
Should a requested development permit result in approvals which would burden service
systems above adopted levels, permission to proceed with the development will not be
granted until the City has assured that adequate services will be available concurrent with
the impacts of development.
A.4.1.1 No new development or redevelopment will be permitted which causes the level of
City services (roads, traffic circulation, recreation and open space, water, sewage
treatment, garbage collection, public school facilities, and drainage) to fall below
minimum acceptable levels. However, development orders may be phased or
otherwise modified consistent with provisions of the concurrency management
system to allow services to be upgraded concurrently with the impacts of
development.
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B. COASTAL ELEMENT:
4. COASTAL HIGH HAZARD AREA MAP:THE COLORS USED IN THE LEGEND FOR THE
EVACUATION AREAS SHOULD BE MODIFIED FOR CLARITY.
Response: The Legend for Map E-1 has been revised for clarity.
5. PUBLIC EXPENDITURES WITHIN THE COASTAL HIGH HAZARD AREA:
Response: In consultation with DCA personnel, it was determined that Policy E.3.1.3 requires no
changes as long as E.3.1.4 is revised as follows and that E 3.1.5 is added
:
E.3.1.4 Ensure that construction of necessary infrastructure improvements in the coastal
storm area are phased to coincide with the demands generated by development or
redevelopment in support of the proposed densities permitted by the City’s adopted
of the Future Land Use Element. Plan Map.
E.3.1.5 The City’s public expenditures in the CHHA, when available, will
include program improvements that will restore and enhance natural
resources.
6. OBJECTIVE E.1.2 AND POLICY 1.2.1 – REGARDING THE CORRECT COASTAL STORM
AREA MAP. POLICY E.4.1.9 – SET DATE FOR THE POST-DISASTER REDEVELOPMENT
PLAN
Response: Objective E.1.2 and Policy E.1.2.1 have been changed as indicated in the ORC Report.
Policy E.4.1.9 has been revised in consultation with DCA personnel.
E.1.2
Objective - The coastal storm area shall be the area delineated in Map E-1 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
model to be inundatedfrom a
and Overland Surges from Hurricanes (SLOSH)
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 model to be inundated by a
SLOSH
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 the coastal storm area
consistent with the goals, objectives and policies of the .
Clearwater Comprehensive Plan
Policies
E.1.2.1 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 E-1
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13-8 of the Comprehensive Plan. 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.
E.4.1.9 Prepare by 2012, a post disaster redevelopment plans in an effort to reduce or eliminate the
exposure of human life and public and private property to natural disasters.
C. CAPITAL IMPROVEMENTS ELEMENT:
7. LACK OF POTABLE WATER SUPPLY CONCURRENCY:
Response: Policy I.1.3.2 is revised as per the ORC:
I.1.3.2 The City shall determine, prior to the issuance of development orders, whether
sufficient capacity of essential public facilities to meet the minimum standards for
levels of service for the existing population and a proposed development will be
available concurrent with the impacts of the proposed development. The applicable
water supplier shall be consulted prior to the issuance of a building permit to ensure
potable water will be available prior to the issuance of a certificate of occupancy.
8. LACK OF A FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS:
Response: Due to overlapping time frames for submission of the EAR-based amendments and the
annual Capital Improvements Element update, the City’s six-year CIP schedule as adopted by the City
Council on November 18, 2008, was submitted to DCA as a separate package on November 26, 2008. The
schedule lists the projects by year and cites sources of funding, as well as references the applicable
Comprehensive Plan GOP’s. It is the opinion of Planning Staff that the Capital Improvements Element as
submitted on November 26, adequately addresses the concerns stated in Item C. Information will be
included in the data and analysis materials for the EAR Based Amendments as required by DCA
personnel.
9. LACK OF ADOPTED LEVEL OF SERVICE STANDARDS IN THE CAPITAL
IMPROVEMENTS ELEMENT:
Response: Revised Policy I.1.3.7 to include a table summarizing level of service standards for CIE.
I.1.3.7 Standards for the minimum level of service to be provided by essential public facilities
within the jurisdiction of the City of Clearwater are established in the applicable element
and outlined in the following Table: Summary of Level of Service Standards.
Table: Summary of Level of Service Standards
Facilities Element LOS Standard
Transportation Transportation LOS C daily and LOS D pm peak for all roads in the City
Sanitary Sewer Utilities Average of 127gallons per person per day (GPCD)
Solid Waste Utilities Average Solid Waste Generator Rate of 7.12 pounds per capita per day
Stormwater Utilities Design storm:
10 – year storm frequency for all new street development using the
rational design method
25 – year frequency with positive outfall for major storm systems with
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basin time of intensities controlling the duration.*
50 – year storm frequency when no outfall and discharge is to street
right-of-way.*
100 – year storm frequency when no outfall and discharge is across
private property.*
* Design standards for stormwater quality treatment/storage quantity
shall conform to the current SWFWMD requirement [Presently being
the SCS Unit Hydrograph design method, using the design storm
frequency and a twenty-four (24) hour duration for sites ten (10) acres
or more, and the rational design method for sites under ten (10) acres].
Potable Water and Utilities Average Water Consumption Rate
Natural Ground 120 gallons per capita per day at a pressure of 40-45 psi.*
Water Aquifer
Recharge *Continue to maintain water consumption of one hundred twenty
(120) GPCPD or less as per the conditions set forth by Clearwater’s
Water Use Permit.
Hurricane Coastal 16 hours (out of county for a category 5-storm event as measured on
evacuation Management the Saffir-Simpson scale)
Parks Recreation and 4 acres of parkland per one thousand (1,000) persons for Citywide
Open Space application
Schools Public School District-wide Level-of-Service Standard: Student enrollment plus
Facilities vested students divided by Florida Inventory of School Houses (FISH)
School Capacity plus additional capacity does not exceed 100 percent.
This level-of-service standard shall apply to each type of public school
facility
10. LACK OF CONCURRENCY REQUIREMENTS FOR ROADS:
Response: Policy I.1.3.3 Subsection 3 is being revised as follows to address FDOT’s comment.
I.1.3.3
3. For roads and mass transit, transportation facilities needed to serve new
development shall be in place or under actual construction within 3 years after
the City approves a building permit that results in traffic generation. the
concurrency requirement will be satisfied by the criteria contained in Policy
32.3.3.1 or Policy 32.3.3.2 or if, in areas in which the City has committed to
provide the necessary public facilities in accordance with the schedule of capital
improvements, actual construction of the road or mass transit facilities is
scheduled to commence in of before the third year of the schedule provide that
the necessary public facilities will be available to accommodate the impact of the
development.
D. TRANSPORTATION ELEMENT:
11. LACK OF PLANNING TIMEFRAME ON MAPS:
Response: The maps have been revised to reflect the appropriate planning timeframes. In addition,
specific changes were made to some of the maps as indicated below:
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Map B-1: As per discussion with DCA staff, title block changed to more prominently reflect
that these are Existing Levels of Service on major roads within the City, including
those under State and County jurisdiction.
Map B-2: Added planning timeframe of 2018 to map title block.
Map B-3: Added planning timeframe of 2018 to map title block.
Map B-4: Added planning timeframe of 2018 to map title block.
Map B-5: As per discussion with DCA staff, title block changed to more prominently reflect
that these are Existing Functional Classifications.
Map B-6: Added planning timeframe of 2018 to map title block.
Map B-7: Added planning timeframe of 2018 to map title block.
Map B-8: Added planning timeframe of 2018 to map title block.
Map B-9: Added planning timeframe of 2018 to map title block.
Map B-10: Added planning timeframe of 2018 to map title block.
Map B-11: Added planning timeframe of 2018 to map title block.
Map B-12: Added planning timeframe of 2018 to map title block.
12. OBJECTIVE B.1.5 REGARDING REFERENCE TO THE STATE ROADWAYS ANDPOLICY
B.1.5.5 REGARDING THE D LOS FOR US 19.
Response: Objective B.1.5 has been revised as per DCA and FDOT comments:
B.1.5 Objective – All County and State roadways in Clearwater, except those identified as
backlogged or constrained by the Pinellas County MPO, shall operate at level C average
daily/D peak hour.
Response: Policy B.1.5.5 has been revised as per DCA and FDOT comments:
B.1.5.5 The City shall continue to participate with the MPO and/or its Technical Coordinating
Committee (TCC) to ensure that the level of service standard for US Highway 19, a
Strategic Intermodal System (SIS) facility is will be consistent with FDOT’s LOS
designation of D for this road.
F. HOUSING ELEMENT:
13. DENSITY INCREASES/ACCESSORY DWELLING UNITS FOR AFFORDABLE HOUSING
PROJECTS:
For consistency with Policy A.2.2.7,
Response: Policy C.1.9.1 has been changed as follows:
C.1.9.1 The City will provide density bonuses for affordable housing developments that
demonstrate that a minimum of 15% of the total units are reserved as affordable housing
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units. Such bonuses shall not exceed 50% of the density permitted by the Future Land
Use Map and shall not include properties located in the Coastal Storm Area. The density
bonus shall be established by ordinance in the Community Development Code. Permit
density increases for development projects incorporating affordable housing units.
Policy C.1.1.8 has been changed in consultation with DCA personnel as follows:
C.1.1.8 The City may permit Consider one accessory dwelling units per lot wherever they such
units can be accommodated by adequate lot area, and provided that they meet strict
compliance standards such as building restrictions, visual buffering, parking and other
requirements to be developed for inclusion in the Community Development Code.
Delete the following as unnecessary due to revised policy C.1.9.1:
C.1.9.4 Through the Downtown Public Amenities Incentive Pool, density increases shall be
available to projects incorporating affordable housing units.
Delete the following policies as unnecessary due to revised policy C.1.1.8
C.1.9.5 Accessory dwelling units may be permitted in certain areas of the Downtown, as an
accessory use to a single-family or two-family dwelling, provided that sufficient parking
exists.
A.6.1.12 The City of Clearwater will continue to promote infill development and redevelopment
to provide opportunities and conditions for the provision of accessory dwelling units.
PLEASE NOTE THAT THE CITY OF CLEARWATER PROPOSES TO MAKE THE FOLLOWING
REVISIONS TO THE FOLLOWING OBJECTIVE AND POLICIES. THESE CHANGES ARE BASED
UPON COMMENTS FROM OTHER REVIEWING AGENCIES, AS INDICATED.
SOURCE: PINELLAS PLANNING COUNCIL. Add the following new policy to the Future Land Use
Element:
A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density
and intensity standards and other standards contained in the Pinellas Planning Council
Countywide Plan Rules, including criteria and standards for nomenclature, continuum of
plan classifications and categories, use and locational characteristics, map delineation,
other standards, and special rules.
SOURCE: LETTER FROM COUNTY 10/10/08. Make the following change to the Capital Improvements
Element Policy I.1.1.8:
I.1.1.8 The City shall, in cooperation with Pinellas County as approved by the voters in March
1997, and extended in March 2007, maintain a Local Government Infrastructure Surtax
(LGIS) for the purpose of supplementing current revenue sources in order to fund the
capital improvements called for in this Plan.
SOURCE: LETTER FROM FLORIDA DEPARTMENT OF EDUCATION 9/11/08. Make the following
change to new Policy H.1.1.11 of the Intergovernmental Coordination Element:
H.1.1.11The City shall establish specific policies to provide for enhanced hurricane and disaster
management coordination between the City, Pinellas County, Pinellas County School
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Board, other cities, the Tampa Bay Regional Planning Council, and the State of Florida
with particular emphasis on public outreach and education.
SOURCE: FLORIDA DEPARTMENT OF TRANSPORTATION 10/15/08. Make following changes to the
Future Land Use Element:
A.4.1.2 For the road links enumerated in the Transportation Element, a tiered level of service is
established. The initial level of service for the purpose of issuing development permits
shall be increased after improvements are complete, consistent with the construction
initiation dates.
A.4.1.2
A.4.1.3 The City shall recognize the overriding Constitutional principle that private property shall
not be taken without due process of law and the payment of just compensation, which
principle is restated in Section 163.3194 (4) (a), Florida Statutes.
SOURCE: FLORIDA DEPARTMENT OF TRANSPORTATION 10/15/08. Add the following from the
FDOT Adopted Work Program to the Transportation Element Objective B.2.3:
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US Highway 19 From: N of Whitney Rd. to S of Seville Blvd. State
Summary: Reconstruct US 19 w/Frontage Rd., Belleair Interchange
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US Highway 19 From: S of Seville Blvd. To N of SR 60 State
Summary: Reconstruct US 19 w/Frontage Rd., Seville Interchange
SOURCE: FLORIDA DEPARTMENT OF TRANSPORTATION 10/15/08. Policy I.1.3.5.3 (c) iii of the
Capital Improvements Element is amended as follows:
iii. amend this Comprehensive Plan to modify the adopted standard for the level of
service so as to reduce the required facility to equal the applicant’s needs,
excluding Strategic Intermodal System (SIS), Federal Intrastate Highway System
(FIHS), Transportation Regional Impact Project (TRIP) funded state roads.
SOURCE: PLANNING DEPARTMENT. In order to provide for consistency with amended policy
D.1.1.1., the second, third and fourth bullets of the Utilities Needs Summary for Sanitary Sewer are
amended as follows:
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The minimum level of service standard is an average of 127 gallons per person per day (GPCD). The Marshall
Street treatment facility provides service at a rate of one hundred and twenty-four (124) gallons per capita per
day (GPCPD).
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The Clearwater East treatment facility provides service at a rate of one hundred and fourteen (114) gallons per
capita per day (GPCPD). The East plant and Northeast plant are connected by a two-way force main.
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The Northeast Regional Wastewater treatment facility provides service at a rate of one hundred and forty eight
(148) gallons per capita per day (GPCPD).
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