Loading...
CPA2007-06004My. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor June 6, 2008 The Honorable Frank Hibbard Mayor, City of Clearwater Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 THOMAS G.PELHAM Secretary U v'l U1 C C L DEVELOPMENT SERVICES CiTv OF CLEARWATER Dear Mayor Hibbard: The Department has conducted a preliminary review of the City of Clearwater's proposed comprehensive plan amendment received on May 5, 2008, DCA Reference Number 08-IARA. 7 The Department has detennined that the proposed plan amendments need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any - recommendation for review from the Tampa Bay Florida Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The local government may proceed to immediately adopt the amendment. After adoption, please submit three copies of the adopted amendment to the Department for our final compliance review, consistent with the requirements of Rule 9J-11.011, F.A.C. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. i C? IFS? O 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-2100 Phone: 850-488-8466 Fax: 850-921-0781 Website: www.dca state.fl.us COMMUNITY PLANNING AREAS OF CRITICAL STATE CONCERN FIELD OFFICE HOUSING AND COMMUNITY DEVELOPMENT Phone 850-488-2356 Fax. 850-488-3309 Phone 305-289-2402 Fax: 305-289-2442 Phone 850-488-7956 Fax 850-922-5623 The Honorable Frank Hibbard June 6. 2008 Page Two Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.3184(9), F.S. This letter should be made available for public inspection. If you have any further questions, please contact Valerie Jenkins, Senior Planner, at (850) 922-1803. Sincerely, Mike McDaniel, Chief Office of Comprehensive Planning MM/vj cc: Gina Clayton, Assistant Planning Director, City of Clearwater Manny Pumariega, Executive Director, Tampa Bay Florida Regional Planning Council a Q is A sa 9 7{ O A R 'WITHIN PORTIONS OF CLEARWATER. SAFETY HARBOR, LARGO. BELLEAIR, BELLEAIR BEACH, AND UNINCORPORATED NNEl1A3 COUNTY JAN UARY 200! I__ In IM C.- Sbm Ana FboCS VFfFE(C V HIghH EveawSn?? CN 1 Seem Surge ICOaeW H1pA Name Arm CHHA) LewrlA ParmU V.trere Call Sbrm SVpe?20X aAln D?rml,atlvs DDrncrn Dian IparE M inurEaletl by eie CN 15enm Sure. Anasq FEMAVamtlN Zane rotlWUeM In EV.cwtlp Is:M A. bltluees M aNYa Dahl wwa vE Snrra ? 2D%MM Arr surravdM W Cal 15»rm Sure a Cal 1 Sbm Saps .m waer...m.n lwae.e m ao.n.w yxmw.re?. FacatlM ?.a „» ca Sa alone Ar.e r L.?v?. eD,o D. cM.w.mr Rn Durt, f 1W EXHIBIT A ATTACHMENT TO ORDINANCE 7917-08 AMENDMENT 1 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amend following Objective 22.2 of Goal 22 of the Plan on page E-2 as follows: 22.2 Objective - The coastal high afd storm area ifteluQesareas that eye -11-F ..... - 1 severe damage er- afe seienfifieally pr-edieted to damage ffem stef-sue°, waves ^a °r^^i^r. 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 causeway (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 as follows: 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 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 22.2.1- 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 epastal high hazafd afea as the &yaettatien ley "A" enef6r- a Ca4eeer- y-1hmz=cisic°cir8-z°c-1inea ed by Pinell AMENDMENT 4 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policy 22.2.5 of Goal 22 on page E-6 as follows: 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 Regional Evacuation Study. Storm Tide Atlas. 2 Exhibit A Ordinance No. 7917-08 0 0 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 as follows: 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 Tampa 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. Exhibit A Ordinance No. 7917-08 t? 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, OR EXPANSION OF EXISTING 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 0 0 t y 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 PASSED ON SECOND AND FINAL READING AND ADOPTED 2 Ordinance No. 7917-08 A 0 Frank Hibbard Mayor-Councilmember Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7917-08 ORDINANCE NO. 7917-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAILING 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 E PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: . Leslie K. Dougall- i s Assistant City Atto ey 3 • rank V. Hibbard Mayor-6"4cila e Attest: Cy hia E. Goudeau Ci lerk Ordinance No. 7917-08 EXHIBIT A ATTACHMENT TO ORDINANCE 7917-08 AMENDMENT 1 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amend following Objective 22.2 of Goal 22 of the Plan on page E-2 as follows: 22.2 Objective - The coastal storm area neludes ' theA have . shall be the area delineated in ME13-8 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 as follows: 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 Plana Exhibit A Ordinance No. 7917-08 • i 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 22.2.1- 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. X22. 2 The Qijy shall 'a'te: ?iris«the e6aStal biit-iicsiZSr?isicu as the eva6k!$tiAn level "A" zone fr- GeA 1 huffioane as delineated by Piaellq??t AMENDMENT 4 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policy 22.2. S of Goal 22 on page E-6 as follows: Policies 22.2.5 The Ci 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 Regional 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 as follows: 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 Tampa 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. Exhibit A Ordinance No. 7917-08 . e w., t 00 0 0 ??. _ _ _ _ _ _ _ _ _ _ _ _ _ JASMINE WBY ______-____- El -----------' I I 1 I I I I I ?? .J MIILf10lIN NRI2T / I I i I I 1 I I t I I I I I I I I I i I I I I I I I I I I I I I r/-j _---------- I I I I I I I I I I I I I I I I OT 6 PAIN I I I I I I I I I I I I I I I I I I I I I I -_ ____ I 1 I I I I I w.n "?1'?'?n-T+7IT1T??? _?__ I I rm?: I I ? I I I 1feiDPO55TPF£7 \ I 0 i ? 1 \ I \ I u1LLADELL gtJVf ' i L..?- J I i I I 1 I I I / _ _ RICNER RbfD ?J / 7 I I I I / I I I I I I I I I WATHIXS ROI10 I I I I I 1 1 1 1 1 _-- 1 1 1 I I - --I I I 1 I I I I I I ? I i I y I I I I I I I °?6/xo°e X• I I ?I?-? 4`1''Ifl I rL V _ W 1 I S4 ? j,?i?'1u I I I I u.arc LL • I I I I I 1 I I I ___J I I 1 I I I I I I I I I t --1-' 1 i I I ? I 1 _ _ J I1yw 11LlRL,_11J.1 13 I I I ? 87JITRiii'ilfi('It/7I['!d 7 I I I I I I ---J I I i t p_? I i l I I I ----, I , WN?if'1( UrIH41.*?.-nir`P;?I -??-+-}-I- I- I I I I i f MM YOffffi4t ___ J k "'IE J"?'^J?'TII"i $ - I I I I I I 4,..Ifi UIIIi.L tit11111.1@... J.., II IIT I I I I I - -- J Ik- I(ID ?11i11ii tL?7? ?1i/ I I I I I I I ,1 LE'1 1LJ11111 ?"' I I I I I I I I I i `.?? I I I 1 I I J I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IliJll I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I t fAIWO CfI11ANL STREET 3 ?gq? I I I I I I ( I I i 1 1 1 1 1 1 1 1 1 1 I I I I 1 1 1 1 1 1 i I I I I I i I I I I I I I I I I I I _ e'. I 1 I I N MORTON PLANT MEASE HEALTH CARE MORTON PLANT CAMPUS - SITE PLAN _ 300 PINELLAS ST. CLEARWATER, FLA.. 33756 • ti--^ -- PARKING ANALYSIS Lone fb. T°ta15nac HaMa°S-s Zone 1 214 12 2w1e 2 121 Zone 3 83 Zane4 50 zones los 4 Zone 6 12 S Zone 7 108 6 Zone 8 41 I Zane' 129 5 T Zone 10 57 `S Zane II 28 12 1 1 322 z 0M I3 50 4 Zox 19 39 7 Zone IS 639 14 lone 16 95 Zone IT 320 8 Zane IB 75 6 Zone 19 % 4 P". Garage 433 9 Ptak GO- 504 10 nnaamwl s.,<e: 408 Je "a se. 4 Aua 4- SXO. 10 Re11aL Cmly 2 H/C Tie Schaller Bldg. fC.ux.I 9 A2e- A ? M P,4?7?fl 6 coAST S?ern ?A 0 Map Output 46 is Page I of 1 Zoning East Lake Palm Harbor Oldsmar Dunedin - ? JASMINE WAY C3 11 -LU LIJ Safety Harbor Clearwater LDR F - MAGNOLIA DR LM DR P o Beach Be llea ir Beach r i I j= LarRo Feather Sound ' f- -- F--- --- - LOTUS PATH Harbor BI 01 s f _ C Legend ?EFFORDS ST Streets w D Parcels - z w Zoning - --- -1 l -.1 D LOR WILLADELL DR 1 1 PINELLAS ST > _ Z ? LMDR RI CKER RDA O MDR 1:1 J ",, ? UI ' o M11DR WAT r J KINS RD - < 11DR O MOW CORBETT ST AMBLESIDE DR.- elleair ? w0 AST ?w T ¦ BST ? ? O r LAKEYIEW RD D COE RD IRT AT ? os1R "my DST P MINGO DR E ST71r-, coumy 0?0.06R1i MDR Pinellas County Cities Pinellas County http://msb-gis-int/servlet/com.esri.esrimap.Esrimap?ServiceName=OV Map&ClientVersion... 4/1/2008 Map Output 16 46 Page 1 of 1 FLUM East Lake Palm Harbor Oldsmar Dunedin Safety Harbor Clearwater C3 JASMINE WAY -LLJ 174 P I RlOG Belleair Belleair Beach Largo Feather Sound Harbor Bluffs MAGNOLIA DR Legend ` Streets WATER RU iiH CG LOTUS PATH Parcels Future Land Use JEFFORDS 5T W RC RS Q RL I F_ J RU WI LIADE LL DR > C 'An RLAI RICKER RD PINELLAS ST- Z z i30c, PINJEEEA.:'. Q-T 10 ¦ RM aH WATKINS RD = RaG it CORBETT ST - ? ¦ aaR AST AMBLESIDE DR elleair ¦ RFH II CN 8 5T IL CL ¦ CG C LAKEVIEW RD IL ' ? IG 1 V ! V COE RD DST ¦ P R.aS FLAMINGO DR E ST ® iRs VU ()?I).()sfill ® WATER CBD CRD Pinellas County Cities Pinellas County http://msb-gis-intlservletlcom.esri.esrimap.Esrimap?ServiceName=OV Map&ClientV ersion... 4/1/2008 iSEAlae .T -,?, a a y 4 iE Clearwater City Commission Agenda Cover Memorandum 0 Final Agenda Item # Meeting Date: 3/20/2008 SUBJECT/RECOMMENDATION: APPROVE Amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element and PASS Ordinance No. 7917-08 on first reading. ? and that the appropriate officials be authorized to execute same. SUMMARY: The proposed text amendments to the Coastal Management Element of the Clearwater Comprehensive Plan were necessitated by the passage of HB 1359 (Chapter 20:6 -68, Laws of Florida), which made a number of changes to Chapter 163, Florida Statutes and to 9J-5.012 F.A.C. This law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. In addition to these requirements, the Planning Department is also recommending the adoption of a "Coastal Storm Area"(CSA). The CSA includes, in addition to the CHHA, those areas that are not in the CHHA, but can be reached or evacuated only by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. The CSA recognizes the unique circumstances existing in the coastal areas of Pinellas County, and ensures proper evacuation. The CSA is a larger area than the CHHA, but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns, the "Coastal Storm Area" terminology is recommended. The Planning Department and Emergency Management staff are recommending language that would prohibit the siting of hospitals, nursing homes and assisted living facilities in the CSA. Since the City must follow County Emergency Management directives, these text amendments are intended to be consistent with language in the Pinellas County Comprehensive Plan. The recommended amendments were developed in consultation with the Clearwater Citizen's Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department has determined that the proposed text amendments are consistent with other provisions of the Clearwater Comprehensive Plan, will not adversely impact the use of property, will adversely affect neither the natural environment nor public facilities. Please refer to the attached report (CPA2007-06004) for the complete staff analysis. Reviewed by: Originating Dept: Costs Legal Info Tech Catherine W. Porter/Planning Total Budget Public User Dept. Funding Source: . Works Purchasing DCM/ACM Planning captiai Improvement Current Fiscal Year Risk Mgmt Other Attachments Operating Ordinance No. 7917-08 Other Appropriation Code: Submitted by: ? None Citv Manaaer Printed on recvcled naner The Coii'?vlz,llit3,beN?elopment Boar*iewed these amendments at its publieoring on February 19, 2008 and manimou . recommended approval, with the following condition: "that a specific time to implement the 36 h?ur LO. is identified prior to implementation of this amendment." Since the time of that public hearing, Planning Staff has been in contact with Pinellas County Planning Staff. Pinellas County Planning Staff has now been informed by the State Department of Community Affairs (DCA) that DCA is going to raise objections on every community across the state that does not adopt, at a minimum, a 16 hour Evacuation LOS, and have, in fact, already objected to St. Petersburg's adoption of an LOS of 36 hours. County Planning Staff indicated that in view of their conversation with DCA, that the County is in the process of amending their Evacuation LOS to 16 hours. City Planning staff has not recommended a specific time to implement an Evacuation LOS due to the fact that numerical estimates for achieving an Evacuation LOS of 16 hours have not yet been developed, although discussions with staff from various agencies have an estimated range from 50-100 years. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Cor_-munity Affairs is required. 2 CDB Meeting Date Case # Ordinance #: Agenda Item: February 19, 2008 CPA2007-06004 7917-08 E-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS REQUEST: Clearwater Comprehensive Plan Text Amendments to the Coastal Management Element - - INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: HB1359 (Chapter 2006 -68, Laws of Florida) made a number of changes to Chapter 163, Florida Statutes and to 9J-5.012 F.A.C. regarding the required Coastal Management Element of the Comprehensive Plan. The law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. These changes must be adopted by July 1, 2008. In addition to these requirements, the Planning Department is also recommending the adoption of a "Coastal Storm Area"(CSA). This recommendation is based upon objectives and policies developed in consultation with the Citizen's Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department is also recommending language recommended by Emergency Management regarding siting of hospitals, nursing homes and assisted living facilities. The proposed amendments were presented to the Citizen's Advisory Committee (CAC) on February 6, 2008. CAC meeting notes are attached. ANALYSIS: A total of five amendments are proposed to the text of the Clearwater Comprehensive Plan in Ordinance No. 7917-08. This text amendment is considered a large scale plan amendment and requires review and approval by the Florida Department of Community Affairs. Please find a summary of each amendment below. 1. Amendment 1 - Amend Objective 22.2 of Goal 22 (see page 1 of Exhibit A): This amendment ensures compliance with HB 1359 by amending the definition of SAPlanning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007- 06004CHHA\Staff ReportForCDBCPA2007-06004.doc Page - 1 .q Coastal High Hazard Area to "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." In addition, the Planning Department is also recommending the adoption of a "Coastal Storm Area"(CSA). This recommendation is based upon consultation with Tampa Bay Regional Planning Commission (TBRPC), Pinellas Planning Council (PPC) and Pinellas County Planning Department. Due to the unique circumstances existing in the coastal areas of Pinellas County, the term "Coastal Storm Area" is important because it makes evacuation from the Coastal High Hazard Area possible. The Coastal Storm Area includes, in addition to the CHHA, those areas that are not in the CHHA, but can only be reached or evacuated by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. f.- -The Coastal Storm Area is a larger area than the CHHA; but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns the "Coastal Storm Area" terminology is recommended. 2. Amendment 2 - Add new Policy 22.2.1 of Goal 22 (see page 1 of Exhibit A)• This addition provides guidance as to how land development would be handled on parcels of land that are split by the coastal storm area boundary. This policy is comparable to the approach taken by Pinellas County Emergency Management in identifying hurricane evacuation levels and is concurrent with language found in the Pinellas County Comprehensive Plan. It also takes into consideration the unique bluff arda. Along the bluffs there are a number of parcels, that although more than 20% of a parcel may be in the coastal storm area, the property quickly rises so that the remainder of the parcel is not impacted by storm surge from any hurricane regardless of its magnitude. While only a few parcels are affected, it makes sense to not include the portion of a parcel on the top of the bluff in the coastal storm area if it would not be inundated by storm surge under any storm scenario. 3. Amendment 3 - Amend Policy 22.2.1 and remove Policy 22 2 2 (see page 2 of Exhibit A): This amendment renumbers former 22.2.1 to 22.2.2 due to the addition of a new policy 22.2.1 above. It also changes FEMA to the correct acronym. Former 22.2.2 is deleted because it is no longer necessary because of the new definition included in Objective 22.2 above. 4. Amendment 4 - Add Policy 22.2.6 (see page 2 of Exhibit AZ This amendment prohibits the location of new, or expansion of existing hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area inundated by a category 3 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas The policy direction of this amendment is consistent with the evacuation and emergency management S:\Planning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007- 06004CHHA\Staff ReportForCDBCPA2007-06004.doc Page - 2 0 46 planning direction of Pinellas County, is concurrent with language in the County Comprehensive Plan, and is recommended by Clearwater Emergency Management Director, Robert Dube. 5. Amendment 5 - Add Policies 24.3.8 and 24.3.9 (see page 3 of Exhibit A): Policy 24.3.8 states that the City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 hours, recognizes the best available data regarding evacuation clearance times, and notes that evacuation times as provided in the Regional Study findings are not an acceptable level of service. Policy 24.3.9 adopts a Level of Service (LOS) for evacuation in order to implement HB 1359. It is felt by emergency management staff that 36 hours represents a point at which a confident warning could be issued by the National Hurricane Center and a reasonable public response could be expected. It is not anticipated that any evacuation orders would be issued earlier than 36 hours due to the uncertainty of predicting accurate tracks of hurricanes at timeframes exceeding 36 hours. This policy recognizes the City and County commitment to improving the standard of service. This LOS standard has been recommended by emergency management officials at the Tampa Bay Regional Planning Council, Pinellas County, and the City of Clearwater. It is critical that an LOS be established because HB 1359 has a "default" clause that stipulates clearance time of 12 hours unless another LOS is adopted. A 12 hour LOS is impossible in Pinellas County, so emergency management officials have recommended 36 hours. STANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the plan. The proposed amendments to the Coastal Management Element of the Clearwater Comprehensive Plan further refine the City's existing policies and objectives. The proposed amendments are consistent with the existing goals, policies and objectives contained in the plan and actually expand the city's long range planning policies related to the maintenance and preservation of coastal areas in the City in general. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are consistent with the provisions of the Comprehensive Plan and expand the City's ability to maintain and protect coastal areas. SAPlanning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007- 06004CHHA\Staff ReportForCDBCPA2007-06004.doc Page - 3 3. The available uses if applicable to which the property maybe put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed amendments are text amendments that are not directly related to a specific property. 4. Sufficient public facilities are available to serve the property. The proposed amendments are text amendments that are not directly related to a specific property. 5. The amendment will not adversely affect the natural environment The proposed amendments seek to preserve, maintain and enhance the natural environment by providing good coastal management policies. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments are text amendments that are not directly related to a specific property. SUMMARY AND RECOMMENDATION: The proposed amendments to the Clearwater Comprehensive Plan make the plan compliant with state statutes. These amendments also consider safety issues and make Clearwater Emergency Management policies more consistent with the direction taken by Pinellas County Emergency Management. The Planning Department Staff recommends APPROVAL of Ordinance No. 7917-08 that amends the Clearwater Comprehensive Plan. Catherine W. Porter, AICP Long Range Planning Manager ATTACHMENTS : Ordinance No. 7917-08 Exhibit A to Ordinance No. 7917-08 CAC Meeting Notes SAPlanning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007- 06004CHHA\Staff ReportForCDBCPA2007-06004.doc Page - 4 EXHIBIT A ATTACHMENT TO ORDINANCE 7917-08 AMENDMENT 1 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amend following Objective 22.2 of Goal 22 of the Plan on page E-2 as follows: 22.2 Objective - The coastal high hazard- storm area italuaes areas that ha-ve €reasterm surge, . shall be the area delineated in Mapl3-8 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 causeway (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 as follows: 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 Exhibit A Ordinance No. 7917-08 0 0 However, if either a parcel of land or a roue 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 22.2.1 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 7 2 The City shall des *e the-evast 1 134e 1 d area as the eyae }atten level "A" 9n-pe, f9 teger-y 1-ntttrrrwnp, Aq-TA-h1Cc tee by Pinellq2E:2?. AMENDMENT 4 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policy 22.2.6 of Goal 22 on page E-6 as follows: Policies 22.2.6 The City shall prohibit the location of new, or expansion of existing hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area inundated by a category 3 hurricane as depicted by the SLOSH model as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. 2 Exhibit A Ordinance No. 7917-08 1 a AMENDMENT 5 - COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policies 24.3.8 and 24.3.9 of Goal 24 on pageE-8 as follows: Policies 24.3.8 The City shall cooperate with Pinellas County Emery Manaizement toward reduciniz the out-of-county hurricane evacuation clearance time of 55 _hours in 2006, as determined in the Tampa Bay Region Hurricane Evacuation Study 2006, for a category 5 storm event as measured on the Saffir-Simpson scale 24.3.9 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 36 hours 3 Exhibit A Ordinance No. 7917-08 MEETING NOTES City of Clearwater EAR Based Amendments 2007-08 Citizen Advisory Committee February 6, 2008 Topics: CHHA and Hierarchy of Places In attendance: CAC Members: Frank Dame, Ronald J. Delp, Duke Tieman, Gloria Bailey, Norma Carlough, Elizabeth France, Bill Murray, Helen Kerwin, Alex Plisko, Jr., Laura St. Clair, and Glenn Bailey. Planning Department: Director Michael Delk, Catherine Porter, Priyanka Thatte, Sandra Herman, and Steven Everitt. 1. OVERVIEW Catherine Porter opened the meeting and introduced Long Range Staff. Catherine explained that the committee was meeting on this date: (1) to discuss and recommend on the Coastal High Hazard Area (CHHA) amendments to the Comprehensive Plan, (2) for a presentation by Priyanka Thatte, the Planning Department's Urban Designer on Hierarchy of Places, and (3) to hear how the department is getting ready to go forward with the next issues to be discussed. II. COASTAL MANAGEMENT ELEMENT Catherine Porter said the Coastal High Hazard Area(CHHA) changes are a part of the Coastal Management Element. Cathy explained how we have to meet these new requirements for the CHHA as per state legislation and that the amendments for the CHHA are to be reviewed by the Department of Community Affairs (DCA). Amendments to the Coastal Management Element as per the Evaluation and Appraisal Report (EAR), including those that address the EAR Issues of Local Concern that were already reviewed by the CAC in 2007, are being handled separately. She said the staff report shows the actual things to be discussed today. The other materials are background materials. The State Legislature's House Bill HB 1359 required a new Coastal High Hazard Area definition to be incorporated into the comprehensive plan. City Planning staff has been working with Pinellas County, Pinellas Planning Council, and the Tampa Bay Regional Planning Council on consistent definitions. She went over the map that has been developed in consultation with these groups. The CHHA is green on the map as defined by statute and is also known as "Category 1 Storm Surge" as defined by the SLOSH Model. Catherine said that the County had produced the map. She then said that when they had looked at the map they realized that there are certain areas that are out of the CHHA, but that the occupants of these areas would have to pass through CHHA areas to get to safety, so they came up with a new definition that includes these areas and is called the "Coastal Storm Area". The Coastal Storm Area also includes the flood zone by s a FEMA - this is a FEMA velocity zone in addition to the State, County and City of Clearwater's designations. Clearwater and Belleair Bluffs have another anomaly - the pink area on the map is the bluff. This map will be incorporated into the Comprehensive Plan. Frank Dame asked about the pink area - he said you don't have to go through this area to get to high ground. Catherine explained that the pink area is high ground and almost an "ownership" situation in that a portion of the parcel is in the Coastal Storm Area and the pink portion is not. Ron Delp asked about how the height in feet that applies - Cathy the storm surge used in the FEMA definition is about 12 feet. Catherine said that because of the HB1359 requiring the new definition for the CHHA, the group including the Emergency Management staff came up with "Coastal Storm Area" as the final term. This is all consistent with the City and County Emergency Management and others involved. Ron Delp asked about the definition of "permanent" residents and Catherine said they are all residents except those in overnight accommodations. The definition of overnight accommodations is in the Community Development Code (CDC). Mr. Dame said he was also a bit confused about this. Catherine said the existing policy in the Comprehensive Plan has this language except for the addition of the word "permanent" , which was endorsed at the last CAC meeting. Catherine went over the questions raised on Policy 22.2.1. Laura St. Clair said: If my parcel is outside of those areas, why couldn't I use it? Catherine said: we don't want to give preferential treatment and it has to do with evacuating the people in it. Cathy: It is a safety issue - has to do with what is surrounding the property area and if one would have to get out of it by going through a CHHA. Laura said she wouldn't want someone to be unjustly penalized for being near a CHHA while this person's property is actually outside of the CHHA. Ron Delp agreed with Laura on this issue. Catherine said she would study these questions further and get back with them on this. PLEASE NOTE COMMENTS REGARDING THIS ISSUE, LOCATED AT END OF THE MEETING NOTES. Cathy said the old 22.2.2 was deleted because of new definition as per HB1359. She said Emergency Management and both the County and the City are recommending 22.2.6 (no new hospitals, assisted living facilities or the like in coastal areas). She said they just don't want them to plan to expand these type facilities in CHHA. Policy 24.3.8 is also required by HB1359. Policy 24.3.9 is related to the latter policy and this is because the City is required to develop a Level of Service (LOS) evacuation time (also HB1359). The goal is a LOS of 36. Dame asked about this timing. Catherine said that 36 hours is going to be discussed further with the State because the State at first had said they would go along with 36 hours, but has now informed the County that they want all municipalities to be at 12 hours. Catherine pointed out a here was a "Typo" in the renumbered Objective 1.2 and Policy 1.2.1 The correct numbering should be Objective 24.4 and Policy 24.4.2. Mr. Dame said he is going to endorse it (the 36 hour LOS) but set a specific time in the goal to when we will achieve the goal. Encourage it while emergency managers have the 0- 6 final word (as per Catherine). Within 2 years would be recommended as per Dame or whatever time frame is going to work. Catherine said again that this is a Tampa Bay area initiative. Delp asked what is involved going to 36 hours? Catherine said right now 55 hours is the reality. What needs to take place? The limitation for going to 55 to 36 is physical - shelters (beds), basically, said Catherine. Dame made the motion and Delp seconded it for CAC to endorse the proposal subject to looking at 22.2.1 more closely. III. ISSUE OF LOCAL CONCERN: Community Character and Livable Neighborhoods Presentation by Priyanka Thatte, Urban Designer Ms. Thatte explained that she was presenting the map for the Overall Design Structure for the City. She read the goals of the issue. She said that she would first explain everything and then take questions. She said there are two main categories: hierarchy of places and linkages. This overall structure will give a direction on the city's development and redevelopment strategies to improve the feel of the visual environment of the city for residents and visitors. Thatte displayed the map on the screen and went over the list of features and activity centers. She read features from the list, gave definitions and photos were shown for examples of each type at different locations on the map. She went over the gateways and linkages on the map with examples of each. She said consistency is needed for the signs that indicate the entrances to the city. Corridors were mentioned and she said that we are still reviewing the corridors for recommendations on them to be discussed later. She said the corridors were broken down into preservation and redevelopment corridors. She read from the bottom of the list the additional suggestions from the CAC members including the Sunset Sam Park in Island Estates and St. Brendan's Church. As per neighborhood shopping centers - Ms. France said Drew Street is just waiting for someone to give identity to that corridor east of Duncan to the Skycrest Church. She said to give identity by putting up banners, etc. for someone driving through there to see that it is and not miss it. Michael Delk said that it is an ethnically diverse area and a nice character to it to build around it. France: Also, add some landscaping to it so that drivers will not miss it. Maintain the beautiful canopy along Cleveland that is well known - maintain and maybe improve it. She said Skycrest (neighborhood) is a corridor to the downtown and because it is old with character it can be an asset to the downtown. Walking and biking is great there. The canopy of oaks is beautiful. All the beautiful neighborhoods that frame the downtown are important. Ms. France said she had previously emailed more comments to Planning that she would like added to the record (these comments were inadvertently left out of the report - please see below following the meeting notes for Ms. France's comments to be included in the discussion at the next CAC meeting). Gloria Bailey asked about the Hercules corridor from Drew to Sunset Point - she asked if redevelopment of this area was going to occur north of Sunset Point Road. Delk said that there is no widening of that road proposed that this is more to concentrate . on consideration of options for workforce housing, etc. that might. be considered here. Delp asked who will be responsible for funding of redevelopment or enhancements or improvements. Will it be publicly or privately funded? He said to put a price tag on this stuff to see how it will be funded. Delk stressed that the redevelopment strategy for the city was an EAR issue - some corridors are underutilized and noted, workforce housing is needed, we are just looking at the process to determine where the areas are and then it would be creating an environment for the private sector to re-invest into certain areas of the city. Dame said this would probably involve rezoning, etc. Delk: None of this is a capital improvement - it is a general part of a comp plan. Delk said we are identifying a system of plans to be developed. Porter said that we are creating an environment not spending city funds to do it. Delp said we should be concentrating on creating jobs, how to generate revenues, etc. for an area. Delk: This is a follow-up of the EAR pertaining to redevelopment - the charge will be to address those areas and put it in as public policy in the comp plan. Our charge is to address the 5 Issues of Local Concern from the EAR. Redevelopment is important to preserve our economic development, for sustainability, as the City is built out. This is an extremely important issue. Redevelopment and how we handle it in the future is the most important thing we can do for the City in the future. Mr. Plisko: Since Myrtle Avenue is now Alt 19, why isn't it considered a primary corridor? Porter responded that there is a list of corridors in the Community Development Code (CDC) that needs to be updated (note: Alt 19 was moved from Ft. Harrison to Myrtle Avenue). Porter said that Goals, Objectives and Policies (GOP's) related to the corridors and redevelopment will be brought back to the CAC. We'll include review of these from time to time and adjustments will be made (to the CDC). Redefining this section and description in 3-1203 are going to be revamped. We'll bring back a policy on it (updated). Plisko asked to consider Drew Street as a primary on the list. The Redevelopment Structure is to be used to build up our redevelopment and community character structure. Ms. Carlough asked about Marianne Street - Steven Everitt said it is no longer an existing street. Delk: Here are the things we need to consider: Look closely at corridors to redevelop; look at what opportunities are there for mixed use urban infill; and meet affordable housing needs and mixed use opportunities for economic development. Further, he said to look at: existing infrastructure; access to transit lines; and possible areas for s • development of workforce and affordable housing plans - marry them together, hopefully, to take advantage of providing a means for reinvestment in the City. Mr. Day: Light rail mass transit should be considered. Delk: One million to one and one-half million people may move into Tampa Bay Area by 2030. Clearwater may get some of these. Transit is an important factor. Carlough: The CSX train line is also important. Delk said the county is considering BRT. Carlough said it must be light rail, though, because BRT is still putting traffic on the roads. Carlough: Royalty Theatre should be on the historic list. She commented that it is sad that Clearwater has such few historic places. Porter said that not all historic places are included in the list, only those that meet the definitions on the hierarchy, such as landmarks. Delk: Iconic neighborhood features like the small cemetery on Hercules should be included. Carlough asked about the group doing a survey on the history of Clearwater. Porter said there is a State Historic Society that did a historical survey of Clearwater some time ago. There are books on this survey in the Planning Library. One person involved in historic preservation in Clearwater is Mike Sanders. Other historic cemeteries mentioned were: the City's cemetery at Lakeview and Myrtle, McMullen Cemetery on NE Coachman Road. IV. SUMMARY We will be using the design structure to work on specific goals, objectives and policies for Housing, Community Character and Redevelopment Issues. Then we will get together for a series of meetings. COMMENTS REGARDING POLICY 22.2.1 After further review, the staff said that the genesis of this policy is to give property owners the ability to compensate for the margin of error of 20% that is inherent in the method of mapping the CHHA. The threshold of 5 acres was chosen because both City and County policies support land assembly into larger parcels. As a practical matter, it is unlikely that the five-acre threshold will be an issue. When this information was shared with Laura St. Clair, she said that philosophically, she is of the opinion that the size limitation could be a detriment to a developer and she would like to see no size limitation. She also believes that it could be circumvented by dividing the parcel into • i smaller parcels, if one of them was outside the coastal storm area, yet still large enough to develop, which would actually work against the assemblage into larger parcels. The following are excerpts from Ms. France's additional comments from her previous email to the Planning Department to be included in the next CAC meeting discussion on Hierarchy of Places: Under MULTI-NEIGHBORHOOD SHOPPING CENTERS AND SURROUNDING NON-RESIDENTIAL USES- "The Drew Street corridor of shops has nice diversity and uniqueness that should be designated as a shopping area with identity signs. The large volume of traffic that passes by daily on drew street has no idea that it is missing a jewel. This area, along with the downtown, could bring shoppers and visitors in from Countryside and other more remote areas." In general: "The older homes in Skycrest, especially along Cleveland Street, should be encouraged, by means of a general variance, to build front porches -within the 25 feet setback, using, for example 10-12 feet of the setback--to increase the retro aspect of the neighborhood. Being so close to the downtown, Skycrest can be an asset to it. Little amenities can give the neighborhood more character and make a big difference." "The following are amenities or attributes in the "Skycrest" neighborhood (actually platted as Skycrest AND other names. It covers the area from Highland Avenue to Belcher Road and from Drew Street to Gulf-to-Bay Blvd. [that] are important to me. I would like to see them maintained and improved. Crest Lake Park The tree canopy on Cleveland Street-(this should be maintained and enhanced). The location [is] so close to the downtown that it can reflect well as an entryway." "I would like to see some of the undeveloped small enclaves that the City has to mow and maintain be adopted for gardens of all types by the neighbors. This builds community spirit as well as helping the City reduce expenses." Under LINKAGES: GATEWAYS TO THE CITY: "The Downtown Gateways via Cleveland Street and Gulf-to-Bay are important to the framing of the downtown." Under CORRIDORS TO PRESERVE (due to Landscaping, Character): "I believe the Skycrest portion of Cleveland Street ...with its beautiful tree canopy should be preserved, maintained, and restored where needed." PINELLAS PLANNING COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplann July 30, 2008 Ms. Gina Clayton, Assistant Planning Director City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 I ?C, U I C. AW j COUNCIL MEMBERS PLANNli,i, Mayor Bob Hackworth, Chairman SERVI!,L„ Mayor Beverley Bi'.Iliris, Vice-Chairman nCi16W OF CLEARWATEu?ice-Mayor Jerry Knight, Secretary r?otin Morroni, Treasurer Vice-Mayor Sandra L. Bradbury Vice-Mayor John Doran Mayor Pat Gerard Mayor Dick Holmes Council Member Jim Kennedy School Board Member Linda S. Lerner Mayor Mary H. Maloof Mayor Jim Ronecker Mayor Andy Steingold David P. Healey, AICP Executive Director RE: Review of Amendments to the Coastal Management Element of the Comprehensive Plan (Ordinance No. 7917-08) for Consistency with the Countywide Rules Dear Ms. Clayton: We are in receipt of a signed copy of the City ordinance referenced above. Pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the amendments for consistency with the Countywide Rules as follows: • The amendments to Objective 22.2 and Policy 22.2.2 of the Coastal Management Element amend the definition of "Coastal High Hazard Area" in a manner consistent with the amended definition in the Florida Statutes, but technically inconsistent with the Countywide Rules; however, the Countywide Rules are proposed to be amended this year to reflect the recently amended definition in the Florida Statutes. • The remaining amendments to the Coastal Management Element are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for forwarding these amendments to the comprehensive plan for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director PLANNING FOR THE PINELLAS COMMUNITY Ilk i Tampa 8av egional Planning Council Chair Vice-Mapor Deborah Irv nes Vice-Chair Commissioner Bill Dodson SecretarN/Treasurer Executive Director Commissioner Jack Mariano MannN Pumarieya May 29, 2008 Michael Delk, AICP Director of Planning City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mr. Delk: 1 I ? JUN 2 2008 a ; . L..... . PLANN ....- Wr DE`dELOPIMP, T SERVIC,LS CITY OF CLEARWATER Enclosed is a copy of the Council's review of the City of Clearwater's comprehensive plan amendments, 08-1ARA and 08-1ARB. The reports will be agenda items for Council consideration at the Monday, June 9, 2008 Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, Jessica White .Senior Planner Enclosure 4ooo Gatervap Centre Boulevard, Suite i oo • Pinellas Park FL 33782 PbOne: 727-570-5151 • Fax: 727-570-5118 • State Number: S 13-S o66 • wwwtbrpc.ory ii *p ? It • • AMENDMENT #CPA2007-06004 Description: Comprehensive Plan text amendments to the Coastal Management Element Goals, Objectives and Policies: Amendment 1: Amend Objective 22.2 as follows: The coastal storm area info :ae areas that have e. ° a da-mage y pr-edieted to Y" e, waves and °-esio . shall be the area delineated in Map 13-8 of the Coastal Management Element, which encompasses all 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 causeway 3. those isolated areas that are defined by the S10HS 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: Add new Policy 22.2.1 as follow: 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. However, if either a parcel of land or a group of parcels that are part of a master development plan is equal 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 coast storm area Amendment 3: Rename old Policy 2-122.2.2 and delete old policy 22.2.2 Amendment 4: Add new Policy 22.2.5 as follows: The City shall prohibit the location of new hospitals nursing homes and assisted living facilities in the Coastal Storm Area and the are inundated bra category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Stonn Tide Atlas. Amendment 5: Add Policies 24.3.4 and 24.3.5 as follows: 24.3.4: The City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 For Council meeting of June 9, 2008 Staff Contact: Report prepared May 23, 2008 Jessica White, ext. 38 f • 1-4 44 hours in 2006, as determined in the Tampa Bay Region Hurricane Evacuation Study, 22006, 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. Regionally Significant: No. Result in extra-jurisdictional impacts?: No. Effects of the amendment on the following issues: • Compatibility among local plans including, but not limited to, land use and compatibility with military bases: The proposed amendments are compatible with the PPC's Countywide Plan Rules. • Impact/protect regional facilities/resources identified in the SRPP, including but not limited to, groundwater recharge and the availability of water supply: Not applicable to the proposed amendment. • Affordable housing issues and designation of adequate sites for affordable housing: Not applicable to the proposed amendment. • Protection of natural resources of regional significance identified in the SRPP including, but not limited to, protection of spring and groundwater resources, and recharge potential: Not applicable to the proposed amendment. • Effectiveness and enhancement of economic development within the region including, but not limited to, preservation of military bases: Not applicable to the proposed amendment. • Compatibility with regional transportation corridors and facilities, including but not limited to, roadways, seaports, airports, public transportation systems, high speed rail facilities, and intermodal facilities: Not applicable to the proposed amendment. • Adequacy of and compatibility with emergency preparedness plans and local mitigation strategies (plans) including, but not limited to, the impacts on and availability of hurricane shelters, maintenance of county hurricane evacua- tion clearance times, and hazard mitigation: See TBRPC Staff comments on next page. For Council meeting of June 9, 2008 Staff Contact: Report prepared May 23, 2008 Jessica White, ext. 38 4 wy Tl RPC Staff C'crixuacrots: Amendment 1 TBRPC recommends the following language for clarification: Policy 22.2(1) The coastal high-hazard area (CHHA) which shall be the area defined by the Sea, Lake and Overland Surges fi-o»2 Hurricanes (SLOSH) model to be inundated from a category 1 (Maxi.mum of Maximums) hurricane, as reflected in the most recent Regional Evacuation Study, Stone Tide Atlas. The City shall direct permanent population concentrations away from known or predicted eeastal lei the coastal storm area consistent with the ... Continents: The city has qualified the limit of population within the coastal storm area to permanent populations. While it is assumed that visitors will leave area voluntarily prior to a storm, their safety remains a responsibility of the City. Staff recommends that an additional policy be put into place which would state: All development within the Coastal Storm Area must (1) mitigate its impact upon shelter and evacuation clearance times and (2) insure that adequate planning and resources are in place to provide for the safety of both residents and visitors. Amendment 4 Policy 22.2.5 The City prohibits the location of new hospitals, nursing homes and assisted living facilities within the Coastal Storm Area and the Category 2 storm surge area... Comments: This is inconsistent with the SRPP which recommends that critical facilities not be located within the Hurricane Vulnerability Zone, the area vulnerable to a Category 3 storm surge. Recommendation: Replace the reference to the category 2 storm surge area to the category 3 area or Hurricane Vulnerability Zone. Please Note: Policy 24.3.5 LOS for Evacuation clearance time is not correctly addressed in the staff report (page 3) which references 36 hours. Policy 22.2.5 is inconsistent with the language in the analysis (staff report, page 2) which recommends that critical facilities not be located within the Hurricane Vulnerability Zone, the area vulnerable to a Category 3 storm surge For Council meeting of June 9, 2008 Report prepared May 23, 2008 Staff Contact: Jessica White, ext. 38 5 • • Regional Conn rents: None. Applicable SRPP Policies: Emergency Management: Policies 3.2, 3.3, 3.4 Consistency with SRPP: Consistent. For Council meeting of June 9, 2008 Report prepared May 23, 2008 Staff Contact: Jessica White, ext. 38 6 } Coastal Zone Area For Council meeting of June 9, 2008 Staff Contact: Report prepared May 23, 2008 Jessica White, ext. 38 a • • Tamp. Bay.Regm..l vwwv L...c" LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT CITY OF CLEARWATER DCA#08-1ARA For Council meeting of June 9, 2008 Report prepared May 20, 2008 Agenda Item #3.11.2 06/09/08 Staff Contact:. Jessica White, ext. 38 E • THIS PAGE INTENTIONALLY LEFT BLANK For Council meeting of June 9, 2008 Report prepared May 20, 2008 Staff Contact: Jessica White, ext. 38 20 A?VIfadt)NIl N']' #(..'IIA2UO7-t)bt)4)4 Description- Comprehensive flan text amendnienis to the Coastal Management. Element. Goals, Objectives and Policies: Amendment 1: Amend Objective 22.2 as follows: The coastal high hazafd storm area waves and . shall be the area delineated in Man 13-8 of the Coastal Management Element, which encompasses all 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 SIOHS 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: Add new Policy 22.2.1 as follow: 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. However, if either a parcel of land or a group Of parcels that are part of a master development plan is egual or greater than 5 acres and less than 5010 of the parcel or group of parcels is within the coastal storm area, the 2roMrtty owner may elect to provide a survey of the _parcel or parcels to determine the exact location of the coast storm area. Amendment 3: Rename old Policy 22.2.122.2.2 and delete old policy 22.2.2 Amendment 4: Add new Policy 22.2.5 as follows: The Citv shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the are inundated by a category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. Amendment 5: Add Policies 24.3.4 and 24.3.5 as follows: 24.3.4: The City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 For Council meeting of June 9, 2008 Staff Contact: Report prepared May 23, 2008 Jessica White, ext. 38 • • hours in 20(26, as deternmied in thy- "famoa l3ai' Reciott llurncamc L-;vacuatirnt Sludv 2006 for :i cate?c?r? 5 ston;taeve?nt as meaared on the Sal'fir-Sinn, sorl scale:. 24.3.5: The adopted level of service standard for out-of-county hurricane evacuation clearance time for a catego1y5 storm event. as measured on the Sa.ffir- SiMpson scale shall be 16 hours. Regionally Significant: No. Result in extra jurisdictional impacts?: No. Effects of the amendment on the following issues: • Compatibility among local plans including, but not limited to, land use and compatibility with military bases: The proposed amendments are compatible with the PPC's Countywide Plan Rules. • Impact/protect regional facilities/resources identified in the SRPP, including but not limited to, groundwater recharge and the availability of water supply: Not applicable to the proposed amendment. • Affordable housing issues and designation of adequate sites for affordable housing: Not applicable to the proposed amendment. • Protection of natural resources of regional significance identified in the SRPP including, but not limited to, protection of spring and groundwater resources, and recharge potential: Not applicable to the proposed amendment. • Effectiveness and enhancement of economic development within the region including, but not limited to, preservation of military bases: Not applicable to the proposed amendment. • Compatibility with regional transportation corridors and facilities, including but not limited to, roadways, seaports, airports, public transportation systems, high speed rail facilities, and intermodal facilities: Not applicable to the proposed amendment. • Adequacy of and compatibility with emergency preparedness plans and local mitigation strategies (plans) including, but not limited to, the impacts on and availability of hurricane shelters, maintenance of county hurricane evacua- tion clearance times, and hazard mitigation: See TBl?PC Staff comments on next page. For Council meeting of June 9, 2008 Staff Contact: Report prepared May 23, 2008 Jessica white, ext. 38 4 • ' • tar{,l'g '11, E .(tillEIfv [i Atnendinent 1 TBRPC recommends the following language for clarification: Policy 22.2(1) The coastal high-hazard area (CHHA) which shall be the are'tadefined by the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category 1 (M,:ixlmum of Max i rnums ) hurricane, as reflected in the most recent Regional Evacuation Studv, Storm Tide Atlas. The City shall direct permanent population concentrations away from known or predicted eeastal the co'ast_al storm area consistent with the ... Comments: The city has qualified the. limit of.population within the coastal storm area to permanent populations. While it is assumed that visitors will leave area voluntarily prior to a storm, their safety remains a responsibility of the City. Staff recommends that an additional policy be put into place which would state: All development within the. Coastal Storm Area must (1) mitigate its impact upon shelter and evacuation clearance tunes and (2) Insure: that adequate planning and resources arc in place to provide for the safety of both residents and visitors. Amendment 4 Policy 22.2.5 The City prohibits the location of new hospitals, nursing homes and assisted living facilities within the Coastal Storm Area and the Category 2 storm surge area... Comments: This is inconsistent with the SRPP which recommends that critical facilities not be located within the Hurricane Vulnerability Zone, the area vulnerable to a Category 3 storm surge. Recommendation: Replace, the reference to the category 2 storrn surge. area to thel category 3 area or Flurricane. Vulnerability Zone. Please Note: Policy 24.3.5 LOS for Evacuation clearance time is not correctly addressed in the staff report (page 3) which references 36 hours. Policy 22.2.5 is inconsistent with the language in the analysis (staff report, page 2) which recommends that critical facilities not be located within the Hurricane Vulnerability Zone, the area vulnerable to a Category 3 storm surge For Council meeting of June. 9, 2008 Report prepared May 23, 2008 Staff Contact: Jessica White, ext. 38 4 Regional Connrienty: None. Applicable SRPP Policies: Emergency Management: Policies 3.2, 3.3, 3.4 Consistency with SRPP: Consistent. For Council meeting of June 9, 2008 Report prepared May 23, 2008 Staff Contact: Jessica White, ext. 38 6 0 0 Coastal Lone A res' For Council meeting of June 9, 2008 Report prepared Mav 23, 2008 Staff Contact: Jessica White, ext. 38 7 L°== STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor June 6, 2008 The Honorable Frank Hibbard Mayor, City of Clearwater Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 THOMAS G.PELHAM Secretary L j DEVELOPMENT JCi-f YILE.J OF CLEARWATER Dear Mayor Hibbard: The Department has conducted a preliminary review of the City of Clearwater's proposed comprehensive plan amendment received on May 5, 2008, DCA Reference Number 08-1 ARA. The Department has detennined that the proposed plan amendments need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the Tampa Bay Florida Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The local government may proceed to immediately adopt the amendment. After adoption, please submit three copies of the adopted amendment to the Department for our final compliance review, consistent with the requirements o* Rule 9.1-11.011, F.A.C. Please be advised that Section 163.3 1 84(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required b_v law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encouraoe that the information sheet be provided in electronic format. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399-2100 Phone: 350-438-4466 Fax: C 921 0 8 i ',Nebstte: COMMUNITY PLANNING AREAS OF CRITICAL STATE. CONCERN FIELD OFFICE HOUSING AND COMMUNITY DEVELOPMENT Fat ..?., Ph:^t fl,- - 1 ._3 F3>±',i-5<i-?te- The Honorable Frank Hibbard June 6. 2008 Paue Two Further. the Departments notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is tiled. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.31$4(9), F.S. This letter should be made available for public inspection. If you have any further questions, please contact Valerie Jenkins, Senior Planner, at (850) 922-1803. Sincerely, Mike McDaniel, Chief Office of Comprehensive Planning MM/V j cc: Gina Clayton, Assistant Planning Director, City of Clearwater Manny Pumariega, Executive Director, Tampa Bay Florida Regional Planning Council II JLIN ? FLORIDA DEPARTMENT OF STATE ?-- - ^ - - NT Kurt S. Browning PLANNNIG & DEVELOPME SERVICES Secretary of State CITY OF CLEARWATER __, DIVISION OF HISTORICAL RESOURCES-- ------ May 28, 2008 Mr. Michael L. Delk Director of Planning City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 Re: Historic Preservation Review of the Clearwater (08-1ARB) Comprehensive Plan Amendment According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources have been given sufficient consideration in the request to amend the Clearwater Comprehensive Plan. We reviewed a proposed text amendment to the Coastal Management Element regarding Coastal High Hazard Area and Coastal Storm Areas to consider the potential effects of this action on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revision will not have an adverse effect on significant archaeological or historic resources in Clearwater. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, Frederick P. Gaske, Director xc: Mr. Ray Eubanks, DCA 500 S. Bronough Street . Tallahassee, FL 32399-0250 • http://www.flheritage.com O Director's Office O Archaeological Research ? Historic Preservation O Historical Museums (850) 245-6300 - FAX: 245-6436 (850) 245-6444 - FAX: 245-6452 (850) 245-6333 - FAX: 245-6437 (850) 245-6400 - FAX: 245-6433 O South Regional Office 0 North Regional Office O Central Regional Office (561) 416-2115 - FAX: 416-2149 (850) 245-6445 - FAX: 245-6435 (813) 272-3843 - FAX: 272-2340 Florida Department of Transportation CHARLIE CRIST 11201 N. McKinley Drive STEPHANIE C. KOPELOUSOS SECRETARY GOVERNOR Tampa, FL 33612-6456 May 21, 2008 Mr. Michael Delk, AICP, Director of Planning City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4758 RE: City of Clearwater Proposed Comprehensive Plan Amendment 08-1ARA (PRD) Dear Mr. Eubanks We have completed a preliminary review determination for the City of Clearwater proposed comprehensive plan Amendment 08-1ARA in accordance with the provisions of Chapter 163, Florida Statutes; Chapter 93-5, Florida Administrative Code; and our Plan review guidelines. Pursuant to Section 163.32465, Florida Statutes, we are providing comments directly to the City to fulfill our responsibility regarding the alternate state review process pilot program. CPA2007-06004 The City proposes to amend the Coastal Element to revise the definition of the coastal high hazard area; to add policies addressing the level of service standards for hurricane evacuation; to clarify the treatment of parcels located partially within the coastal storm area; and to prohibit new hospitals, nursing homes and assisted living facilities within the coastal storm area and the area inundated by a category 2 hurricane. We have no comments regarding the proposed changes. We appreciate the opportunity to review and comment on the proposed amendment. If you have any questions regarding this letter, please contact me at 813.975.6444, or send electronic mail to carol.collins@dot.state.fl.us. . . Sincerely Carol M. Collins Local Government Comprehensive Plan Coordinator cc: Ray Eubanks, Florida Department of Community Affairs Kathleen Neill, Director of Policy Planning, FDOT www.dot.state.fl.us ® RECYCLED PAPER 0 ?TFL Southwest Florida z Water Management District An Equal Bartow Service Office Lecanto Service Office opportunity 170 Century Boulevard Suite 226 Employer Bartow, Florida 33830-7700 3600 West Sovereign Path (863) 534-1448 or Lecanto, Florida 34461-8070 1=800-492-7862 (FL only) (352) 527-8131 SUNCOM 572-6200 Judith C. Whitehead Chair, Hernando Neil Combee Vice Chair, Polk Todd Pressman Secretary, Pinellas Jennifer E. Closshey Treasurer, Hillsborough Thomas G. Dabney Sarasota Patricia M. Glass Manatee Albert G. Joergei Sarasota Heidi B. McCrea Hillsborough Ronald E. Oakley Pasco Sallie Parks Pinellas Maritza Rovira-Forino Hillsborough H. Paul Senft, Jr. Polk Patsy C. Symons Desoto David L Moore Executive Director William S. Bflenky General Counsel May 20, 2008 Ray Eubanks, Plan Review Administrator Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 • 2379 Broad Street, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Subject: City of St. Clearwater 08-01 ARA Dear Mr. Eubanks: Tampa Service Office 7601,Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 In accordance with Chapter 163, Florida Statutes, the staff of the Southwest Florida Water Management District has reviewed the above referenced Comprehensive Plan amendment and has no comments at this time. The District appreciates the opportunity to participate in the review of comprehensive plan amendments. Please note that this review does not constitute permit approval under. Chapter 373, Florida Statutes (F.S.), or any rules promulgated thereunder, nor.does it stand in lieu of normal permitting procedures in accordance with Florida Statutes and District rules. If I may be of further assistance, please do not hesitate to contact me at (352) 796-7211, extension 4423. Sinc rely, J son M Mickel enior Planner cc: Ralph Lair, CLA-TPA Jim Quinn, Department of Environmental Protection (via e-mail) Michael L. Delk, Planning Division Director, 100 South Myrtle Ave, Clearwater, FL 33756 N a 4/8/08 I called'Beth Moser, 580-4315 cell and 462-7645. She had LM about 20% and I asked her, and she thought it may refer to all holdings, but I read it to her and of course it says parcels. Also read the proposed change in 22.2.5 regarding inpatient beds. She said they are looking at the site that is in the CSA for a possible office building and sleep center, but that the overnight sleep study is on an outpatient basis and they stay less than 24 hours. She requested that when we have language we want, we should forward to her so she can show to senior management team. ? D ?` u ? ? r k-J I, r?l Message . • Page 1 of 1 Rte' Clayton, Gina From: Katie Cole [Katiec@jpfirm.com] Sent: Thursday, April 10, 2008 4:35 PM To: Clayton, Gina Cc: Ed Armstrong; Beauchamp, Philip; 'Moser, Elizabeth' Subject: Comp Plan Language - Morton Plant Gina - please see suggested changes in red. Katie Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 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 Regional Evacuation Study, Storm Tide Atlas. The expansion of existing 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, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas may only be permitted if such expansion does not include facilities seaward of the Coastal Storm Area line which house inpatient beds. Expansion of inpatient beds by existing hospitals, nursing homes and assisted living facilities may be considered as long as the applicant can demonstrate that the impact of the proposed plans on evacuation times and the demand for shelter space can be mitigated. Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 4/11/2008 Message 0 Page 1 of 1 Clayton, Gina From: Katie Cole [Katiec@jpfirm.com] Sent: Thursday, April 10, 2008 4:35 PM To: Clayton, Gina Cc: Ed Armstrong; Beauchamp, Philip; 'Moser, Elizabeth' Subject: Comp Plan Language - Morton Plant Gina - please see suggested changes in red. Katie Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 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 Regional Evacuation Study, Storm Tide Atlas. The expansion of existing 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, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas may only be permitted if such expansion does not 111Cude facilities seaward of the Coastal Storm Area line which house inpatient beds. Expansion of inpatient beds by existing hospitals, nursing homes and assisted living facilities may be considered as long as the applicant can demonstrate that the impact of the proposed plans on evacuation times and the demand for shelter space can be mitigated. Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 4/11/2008 0 PINELLAS PLANNING COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinell February 7, 2008 Ms. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 0 1'b-U-1 /7 mayo L ? / / Mayor 6ev On ni?N Gil U Vice7. omm5ssk FEB 12 2008 -?• School Bc PLANNING, 8 DEVELOPMENT SERVICES CITY OF CLEARWATER Bob Hackworth, Chairman Hey Billiris, Vice-Chairman ayor Jerry Knight, Secretary er John Morroni, Treasurer -Mayor Sandra L. Bradbury Vice-Mayor John Doran Mayor Pat Gerard Mayor Dick Holmes incil Member Jim Kennedy rd Member Linda S. Lerner Mayor Mary H. Maloof Mayor Jim Ronecker Mayor Andy Steingold David P. Healey, AICP Executive Director RE: Review of Proposed Text Amendments to the Coastal Management Element of the Comprehensive Plan: CPA-2007-06004 (Ordinance No. 7917-08) for Consistency with the Countywide Rules Dear Ms. Porter: We are in receipt of your letter dated January 29, 2008, regarding the proposed amendments to the City's Comprehensive Plan referenced above. Pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed amendments for consistency with the Countywide Rules as follows: • The proposed amended definition of "Coastal High Hazard Area" in Objective 22.2 is not technically consistent with the Countywide Rules, however the Countywide Rules definition will be proposed to be amended to be consistent with the state legislation. • Proposed Policy 22.2.6, prohibiting, the location of new, or expansion of existing hospitals, nursing homes and assisted living facilities within the coastal storm area and the area inundated by a category 3 hurricane as depicted by the SLOSH model is more restrictive than Countywide Rules Section 4.2.7.4.2, and therefore is consistent with Section 4.2.7.4.3. • The other proposed changes to the Coastal Management Element, including the definition of "coastal storm area" and the policies addressing hurricane evacuation clearance times, are not governed by the consistency criteria of the Rules and therefore are not subject to the consistency provisions. PLANNING FOR THE PINELLAS COMMUNITY i Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director HIUSERS\Countywide Rules\Consistency\Local Govemments\CLEARWAT\CD08-l.clw.doc a? PIANNING DEPARTMENT loq January, 2008 C ITY OF C LEARWATER POST OFFICE, BOX 4748, CL.FARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756/ TELEPHONE (727) 562-4567 FAx (727) 562-48,5 4,a"- ?6L&? Mr. David Healey, AICP Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, FL 33755 Re: Proposed Text Amendments to the Coastal Management Element of the Clearwater Comprehensive Plan: CPA-2007-06004 (Ordinance No. 7917-08) Dear Dave: Pursuant to Division 3.2 of the Countywide Rues, we hereby submit proposed amendments as described above. The following schedule has been tentatively established for the review of these applications by various City boards. 2-19-2008 Community Development Board, meeting starts at 1:00 p.m. in the City Commission Chambers on the 3ra Floor of City Hall at 112 S. Osceola Avenue 3-20-2008 City Council (first reading), meeting starts at 6:00 p.m. in the City Council Chambers on the 3ra Floor of City Hall at 112 S. Osceola Avenue TBD after City Council (second reading), meeting starts at 6:00 p.m. in the City DCA Council Chambers on the 3r Floor of City Hall at 112 S. Osceola Avenue. comments S:\Planning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007-06004CHHA\Ltr (WPCCPA2007-06004.doc "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" a Your early response will be greatly appreciated. Please do not hesitate to contact me at (727) 562-4626, should you require additional information. Yours truly, Catherine W. Porter, AICP Long Range Planning Manager Enc. SAPlanning Department\COMPREHENSIVE PLAN\2007 Comp Plan Amendments\CPA2007-06004CHHA\Ltr to PPCCPA2007-06004.doc r r CITY OF CLEARWATER NOTICE OF COMPREHENSIVE PLAN AMENDMENTS The City of Clearwater proposes to adopt the following ordinance: 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, OR EXPANSION OF EXISTING HOSPITALS, NURSING HOMES, AND ASSISTED LIVING FACILITIES WITHIN THE COASTAL STORM AREA AND THE AREA INUNDATED BY A CATEGORY 3 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. The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Public hearings on the proposed ordinance will be held as follows: Tuesday, February 19, 2008 - Community Development Board 1:00 p.m. Thursday, March 20, 2008 - City Council (1 st Reading) 6:00 p.m. (or as soon thereafter as the matter may be heard) The public hearings will be heard in the City Council Chambers, 3`d floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida, Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Gina Clayton Cynthia E. Goudeau, MMC Planning Department City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT 17271562-4093. To learn more about presenting to Clearwater boards and City Council, go to http://cle6rwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library Ad: 02/07/08 r ? M r 0 0, o o. 9 City Council Agpda Location: Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Date: 4/17/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Civitan Awareness Proclamation - Frank Kelly 12 Attachments 4.2 Proclamation: April 19 is Clearwater Poetry Day. 19 Attachments 4.3 Salvation Army Non-Profit Presentation - Major Hinson ID Attachments 4.4 Clearwater Housing Authority Update - Robert Aude, Chairperson 19 Attachments 4.5 Distinguished Budget Presentation iB Attachments 5. Approval of Minutes 5.1 Approve the minutes of the April 3, 2008 City Council Meeting as submitted in written summation by the City Clerk. 19 Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min j 8.1 , Approve the Annexation, Lan*se Plan Amendment from the Residentiaburban (RS) (City and County) category to the Residential Low (RL) and Institutional (1) category, Zoning Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest 1/a of the Northwest 1/a of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Pass Ordinances 7942-08, 7943-08 and 7944-08 on first reading. (ANX2005-02003 and LUZ2005- 02002) 1B Attachments 8.2 Approve the Petition for Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (O) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28, Township 28 South, Range 16 East); By Ordinance 7941-08, Resind Ordinances 7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first reading. (LUZ2004-11007) 10 Attachments 8.3 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property located in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East); and Pass Ordinances 7945-08 and 7946-08 on first reading. (LUZ2006-08006) 0 Attachments 8.4 Approve a Future Land Use Plan Amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Industrial, Research and Technology (IRT) District to the Commercial (C) District for property located at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen Booth Road (Lot 1, South Oaks Fashion Square, Section 09, Township 29 South, Range 16 East); and Pass Ordinances 7920-08 and 7921-08 on first reading. (LUZ2007-07005) 19 Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 7927-08 on second reading, amending Section 33.059(3), Code of Ordinances, relating to waterways and vessels at City owned public docs. 13 Attachments 9.2 Adopt Ordinance No. 7947-08 on second reading, amending Ordinance No. 7372-05, which vacated a portion of the easterly one-half of the 70-foot right-of-way of Gulfview Boulevard (AKA South Gulfview Boulevard), subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 2010 and requiring demolition and removal of existing structures on the project site by October 31, 2008. 19 Attachments 9.3 Adopt Ordinance No. 7948-08 on second reading, amending Ordinance No. 7371-05, as amended by Ordinance No. 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (AKA First Street per field) subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 2010 and requiring demolition and removal of existing structures on the project site by October 31, 2008. 10 Attachments 9.4 Continue Second reading of Ordinance 7949-08 to May 1, 2008. 0 Attachments City Manager Reports maximum as spokesperson- others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2327 Nursery Road (a portion of Lot 19, Pinellas Groves, Section 19, Township 29 South, Range 16 East); and Pass Ordinances 7937-08, 7938-08 and 7939-08 on first reading. (ANX2008-02002) 1B Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential/Office General (R/OG) and Initial Zoning Atlas Designation of Office (O) District for 2235 Nursery Road (a portion of Section 19, Township 29 South, Range 16 East in Metes and Bounds 33/08); and Pass Ordinances 7931-08, 7932-08 and 7933-08 on first reading. (ANX2008-02003) 1B Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1662 Bellrose Drive North (Lot 56, Bellrose Park, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7934-08, 7935-08 and 7936-08 on first reading. (ANX2008-02004) 19 Attachments 7.4 Approve Amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917-08 on first reading. 1B Attachments 7.5 Approve amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7949-08 on first reading. 0 Attachments 7.6 Approve amendments to the Future Land Use Element of the Clearwater Comprehensive Plan related to the adoption of alternative density and intensity standards for overnight accommodations, and the addition of an objective and policies pertaining to tourism, and Pass Ordinance 7924-08 on first reading. 1B Attachments 7.7 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that establish the Hotel Density Reserve and associated criteria for allocation, and Pass Ordinance 7925-08 on first reading. 1B Attachments 7.8 Approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7926-08 on first reading. IB Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 10. Consent Agenda • • 10.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officals to execute same. (consent) IB Attachments 10.2 Accept funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $116,098 for funding of two middle-school aged summer camp programs and authorize the appropriate officials to execute same. (consent) 10 Attachments 10.3 Approve a Contract (Blanket Purchase Order) for $3,930,000 to McMullen Oil Company, Inc, of Clearwater, FL for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05 and authorize the appropriate officials to execute same. (consent) 10 Attachments 10.4 Appoint councilmembers as representatives on Regional and Miscellaneous Boards. 14 Attachments 10.5 Authorize instituting a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on Myrtle Avenue. (consent) 19 Attachments 11. Other items on City Manager Reports 11.1 Terminate the PGP Gas Supply Agreement and its obligations previously adopted under Resolution 04-34 and adopt Resolution 08-05. IB Attachments 11.2 Award Design Build Contract for the Downtown Boatslips project to Misener Marine Construction, Inc. in the amount of $10,522,765.05 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project, and authorize funding from Central Insurance Fund reserves in the amount of $2,736,097 to advance the $1.5 million to be paid by the CRA over 3 years and the $1,236,097 of grant funds' anticipated once the permitting is complete. IB Attachments 11.3 Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. 1B Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports ID Attachments 13. Council Discussion Items 13.1 Work Net Pinellas' Summer Career Institute - Councilmember Cretekos 0 Attachments 14. Other Council Action 14.1 Other Council Action 19 Attachments V,. 0 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER r-April 17, 2008' Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Donna Oberkreser from Central Christian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4. Presentations: 4.1 Civitan Awareness Proclamation - Frank Kelly 4.2 Proclamation: April 19 is Clearwater Poetry Day 4.3 Salvation Army Non-Profit Presentation - Maior Hinson Major Dean Hinson of the Salvation Army briefly described the Salvation Army's services and programs and thanked the City for its support. 4.4 Clearwater Housing Authoritv Update - Robert Aude. Chairperson Robert Aude, Clearwater Housing Authority (CHA) Chair, reviewed CHA's mission, current programs, and the status of Parkview Village and Homer Village. 4.5 Distinguished Budget Presentation Budget Director Tina Wilson accepted the Distinguished Budget Presentation Award. Ms. Wilson recognized staff members who helped make the award possible. 5. Approval of Minutes 5.1 Approve the minutes of the April 3. 2008 Citv Council Meeting as submitted in written summation by the City Clerk. Council 2008-04-17 t, Ordinance 7935-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7935-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7936-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7936-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. t' 7:4- Approve Amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917-08 on first reading. The proposed text amendments to the Coastal Management Element of the Clearwater Comprehensive Plan are necessitated by the passage of HB1359 (Chapter 2006 -68, Laws of Florida), which made a number of changes to Chapter 163, Florida Statutes and to 9J-5.012 F.A.C. This law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. In addition to these requirements, the Planning Department is also recommending the adoption of a Coastal Storm Area (CSA). The CSA includes, in addition to the CHHA, those areas that are not in the CHHA, but can be reached or evacuated only by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. The CSA recognizes the unique circumstances existing in the coastal areas of Pinellas County, and ensures proper evacuation. The CSA is a larger area than the CHHA, but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns, the CSA terminology is recommended. The Planning Department and Emergency Management staff are recommending language that would prohibit the siting of hospitals, nursing homes and assisted living facilities in the CSA. Since the City must follow County Emergency Management directives, these text amendments are intended to be consistent with language in the Pinellas County Comprehensive Plan. The recommended amendments were developed in consultation with the Clearwater Citizen's Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department has determined that the proposed text amendments are consistent with other provisions of the Clearwater Comprehensive Plan, will not adversely impact the use of property, will adversely affect neither the natural environment nor public facilities. Please refer to the report (CPA2007-06004) for the complete staff analysis. The Community Development Board (CDB) reviewed these amendments at its public hearing on February 19, 2008, and unanimously recommended approval, with the following condition: that a specific time to implement the 36 hour LOS is identified prior to implementation Council 2008-04-17 6 of this amendment. Since the time of that public hearing, Planning Staff has been in contact with Pinellas County Planning Staff. Pinellas County Planning Staff has now been informed by the State Department of Community Affairs (DCA) that DCA is going to raise objections on every community across the state that does not adopt, at a minimum, a 16-hour Evacuation LOS, and have, in fact, already objected to St. Petersburg's adoption of an LOS of 36 hours. County Planning Staff indicated that in view of their conversation with DCA, the County is in the process of amending their Evacuation LOS to 16 hours. City Planning staff has not recommended a specific time to implement an Evacuation LOS due to the fact that numerical estimates for achieving an Evacuation LOS of 16 hours have not yet been developed, although discussions with staff from various agencies have an estimated range from 50-100 years. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. In response to questions, Assistant Planning Director Gina Clayton said DCA originally approved of the County's 36-hour evacuation timeframe but is now requiring it be 16 hours. Councilmember Cretekos moved to approve amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element. The motion was duly seconded and carried unanimously. Ordinance 7917-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7917-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.5 Approve amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7949-08 on first reading. The Planning Department is recommending an amendment to the Community Development Code (CDC) to ensure consistency between the CDC and the Clearwater Comprehensive Plan. The proposed amendment will add the Resort Facilities High (RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with the Commercial (C) and High Density Residential (HDR) Districts consistent with the Clearwater Comprehensive Plan. Ordinance 7949-08 contains information on the proposed amendment. The CDB reviewed the proposed text amendment at its pubic hearing of March 18, 2008, as part of a larger text amendment (TA2008-01001/Ordinance 7926-08). The CDB recommended the approval of the proposed amendment with no comments. Councilmember Petersen moved to approve an amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes. The motion was duly seconded and carried unanimously. Council 2008-04-17 7 i • City Council Agenda Location: Council Chambers - City Hall Date: 7/17/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards 1B Attachments 4.2 Proclamation: National Marina Day 19 Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 19, 2008 City Council Meeting as submitted in written summation by the City Clerk. 1B Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the City of Clearwater's Fiscal Year 2008-09 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY08-09 Consolidated Action Plan. 10 Attachments 7.2 Approve the Annexation, InWand Use Plan Designation of Resident*rban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3147 Downing Street (Lot 1, Downing Subdivision First Addition, Section 16, Township 29 South, Range 16 East); and Pass Ordinances 7958-08, 7959-08 and 7960-08 on first reading. (ANX2008-03008) 1B Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1460 Dexter Drive (Lot 5, Block "B" Douglas Manor Lake Subdivision, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7961-08, 7962-08 and 7963-08 on first reading. ANX2008-03009) 19 Attachments 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1762 West Manor Avenue (Lot 19, Clearwater Manor); and Pass Ordinances 7968-08, 7969-08 and 7970-08 on first reading. (ANX2008-05011) I9 Attachments 7.5 Approve a Development Agreement between Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the North 1/a of the Northwest 1/a of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Adopt Resolution 08-06.(DVA2005-0000lA) 0 Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Zoning Atlas Amendment from the Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and Pass Ordinance 7975-08 on first reading. (REZ2008-04002) ID Attachments 8.2. Continue Public Hearing and 1st Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to September 18, 2008. (LUZ2008-05002) 1B Attachments 8.3 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to September 18, 2008. (REZ2008-05003) 19 Attachments 8.4 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to September 18, 2008. (REZ2008-05004) 0 Attachments 8.5 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to September 18, 2008. (REZ2008-05005) 15 Attachments 9. Second Readings - Public Hearing 9 .?l Adopt Ordinance 7917-08 o*ond reading, amending the comprehensive plan of the city, 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 35 storm event; renumbering some objectives and policies; providing for severability. LB Attachments 9.2 Adopt Ordinance 7920-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to change the land use designation for certain real property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial limited (IL) to commercial general (CG). 0 Attachments 9.3 Adopt Ordinance 7921-08 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial research and technology (IRT) to commercial (C). 13 Attachments 9.4 Adopt Ordinance 7922-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 2723 S.R. 580, as residential/office general. 10 Attachments 9.5 Adopt Ordinance 7923-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2723 S.R. 580, as office (O). 10 Attachments 9.6 Adopt Ordinance 7924-08 on second reading, amending the comprehensive plan of the city by amending the future land use element by adding an objective and policies pertaining to tourism; adopting alternative densities and intensities for overnight accommodations in the resort facilities high (RFH) land use map category consistent with the "Rules concerning the administration of the countywide future land use plan"; by adding overnight accommodations as a primary use in the industrial limited (IL) land use map category and establishing base and alternative densities for such use consistent with the "Rules concerning the administration of the countywide future land use plan"; deleting the resort facilities overlay (RFO) future land use as a future land use map category; to modify the allowable impervious surface ratio in the commercial general future land use map category consistent with the maximum allowed by the "Rules concerning the administration of the countywide future land use plan"; and making minor editorial changes; providing for severability. IB Attachments 9.7 Adopt Ordinance 7925-08 on second reading, amending Beach By Design by establishing editorial consistency with regard to the name of the existing 600-unit Density Pool as the "Destination Resort Density Pool"; creating Section V., Subsection B. 1. entitled "Destination Resort Density Pool"; creating Section V., Subsection B.2. entitled "Hotel Density Reserve"; establishing a hotel density reserve and providing criteria for allocating the reserve; amending Section VIIm Subsection A., clarifying density limits of 50 units per acre may only be exceeded through the Destination Resort Density Pool or Hotel Density Reserve; and making minor editorial changes. IB Attachments 9.8 Adopt Ordinance 7926-08 on second reading, amending the Community Development Code to adopt alternative densities and intensities for over night accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Comprehensive Plan, and to make other minor editorial changes. IB Attachments 9.9 Adopt Ordinance 7942-08 on9cond reading, annexing certain real propeq whose post office address is 3290 McMullen Booth Road, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 19 Attachments 9.10 Adopt Ordinance No. 7943-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate that land use for certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional; and change the land use designation for certain real property whose post office address is 3280 McMullen Booth Road, from residential suburban to residential low and institutional. 19 Attachments 9.11 Adopt Ordinance No. 7944-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional (I); and by rezoning certain property located on the west side of McMullen Booth Road, from low density residential (LDR) to low medium density residential (LMDR) and . institutional (I). Attachments 9.12 Adopt Ordinance No. 7967-08 on second reading, amending Beach By Design by Amending Section VII, Subsection B, allowing for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve in limited locations; amending Section VII, Subsection C., modifying the design guideline governing the theoretical maximum building envelope as it pertains to overnight accommodation uses being allocated additional density via the hotel density reserve, and making minor editorial changes. Attachments City Manager Reports 10. Consent Agenda 10.1 Approve the first renewal of the contract with Jamson Environmental to complete remediation and address off site environmental impacts of the Clearwater Automotive Salvage Yard (Brownfields Site BF97493703)at a cost of $346,913.45 and authorize the appropriate officials to execute same. 14 Attachments 10.2 Approve a License Agreement with Pinellas County allowing City access to conduct soil assessments at the County Health Deparment at 310 North Myrtle Avenue. (consent) 1B Attachments 10.3 Approve the RFP Review Committee ranking of responders to RFP 17-08: 1)Life Force Cultural Arts Academy, Inc.; 2)Mt. Carmel Community Development Corporation of Clearwater; approve agreement with Life Force Cultural Arts Academy, Inc. for the operation, maintenance and programming of Kings Highway Recreation Center and authorize the appropriate officials to execute same. (consent) 0 Attachments 10.4 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc in the amount of $42,405.00 for additional work and design changes to Phase I of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) 19 Attachments 10.5 Approve a Construction Contract for the Alligator Lake Wetland Creation and Stormwater Treatment project to Ripa and Associates in the amount of $471,033.90 and authorize appropriate officials to execute same. (consent) 19 Attachments 10.6 Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA)to Misener Marine Construction of Tampa, Fl, in the amount of $1,480,139.28 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project. (consent) L9 Attachments • 10.7 Accept a 10-foot wide Water Main and Utilities Easement conveyed by the School Board of Pinellas County, Florida, over, across and under a portion of the Southwest '/a of the Southwest '/a of Section 2, Township 29 South, Range 15 East, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) LQ Attachments 10.8 Appoint Denise L. Rosenberger to the Airpark Advisory Board with the term expiring on July 31, 2012. 0 Attachments 10.9 Appoint Captain Mark Teunis from the City of Clearwater Police Department to the Enterprise Zone Development Agency to "complete a term" until July 31, 2009 and reappoint Rick DeBord from the City of Clearwater Community Response Team to the Enterprise Zone Development Agency with the term expiring on July 31, 2012. (consent) 19 Attachments 10.10 Approve submitting the following nominations for the Florida League of Cities Excellence Awards: Clearwater for City of Excellence, Pam Akin for City Attorney of the Year and Doug Williams for Citizen of the Year. (consent) 19 Attachments 10.11 Approve a settlement of the case of Brenda Zega v. City of Clearwater, et al., Case No.: 07-4286-CI-11. ID Attachments 10.12 Approve a settlement agreement in the case of Wendy Cason v. City of Clearwater, Case No. 06-6654- CI-15, in the amount of $74,999.00 and authorize officials to execute the agreement. 19 Attachments 10.13 Approve a settlement agreement settling the case of Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent) 19 Attachments 10.14 Approve filing a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contribution, indemnification and related causes of action for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project in the case of Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15. (consent) LQ Attachments 11. Other items on City Manager Reports 11.1 Adopt a proposed millage rate of 4.9550 mills for fiscal year 2008/09 and set public hearing dates on the budget for September 4, 2008 and September 18, 2008 to be held no earlier than 6:00 p.m. 1B Attachments 11.2 Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach. 15 Attachments 11.3 Amend City code Sections 2.082 through 2.084, delete Section 2.085 relating to the Airpark Advisory Board and pass Ordinance 7982-08 on first reading. 0 Attachments 11.4 Approve submitting to the City electors on the November 4, 2008, General Election, proposed amendments to the City Charter amending Section 8.05(d), deleting current language and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board unless otherwise provided by ordinance and pass Oridinance 7991-08 on first reading. 19 Attachments Miscellaneous Reports and Items 12. City Attorney Reports 12.1 Ordinance 7992-08 - Amending solicitation ordinance lB Attachments 13. City Manager Verbal Reports 13.1 City Manager Verbal Reports S Attachments 14. Council Discussion Items 14.1 Catholic Charities Request for Contribution for Pinellas Hope I ID Attachments 15.Other. Council Action 15.1 Other Council Action 19 Attachments 0 16. Adjourn i `- CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER L__ July-17,-2008 =_' Present: Frank Hibbard George N. Cretekos John Doran Carlen Petersen Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Anthony Ballestero of New Destiny Worship Center. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4. Presentations 4.1 Service Awards One service award was presented to a City employee. 4.2 Proclamation: National Marina Day - August 9, 2008 5. Approval of Minutes 0 0 5.1 Approve the minutes of the June 19, 2008 City Council Meeting as submitted in written summation by the City Clerk. In response to a question, Ms. Akin said Council bases its decisions on substantial competent evidence. She reported that Councilmember Cretekos has no voting conflict on this item. Councilmember Gibson moved to approve a Zoning Atlas Amendment from the Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East). The motion was duly seconded. Councilmembers Cretekos, Doran, Gibson, and Mayor Hibbard voted "Aye"; Councilmember Petersen voted "Nay." Motion carried. Ordinance 7975-08 was presented for first reading as amended and read by title only. Councilmember Doran moved to pass Ordinance 7975-08 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": Petersen. Motion carried. 8.2 Continue Public Hearing and 1 st Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to September 18, 2008. (LUZ2008-05002) AND 8.3 Continue Public Hearing and 1 st Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to September 18, 2008. (REZ2008-05003) And 8.4 Continue Public Hearing and 1 st Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to September 18, 2008. (REZ2008-05004) And 8.5 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to September 18, 2008. (REZ2008-05005) Councilmember Doran moved to continue Public Hearing and first reading of Ordinances for Items 8.2, 8.3, 8.4, and 8.5 to September 18, 2008. The motion was duly seconded and carried unanimously. 9. Second Readings -.Public Hearing 9.1 Adopt Ordinance 7917=08 on, second- reading, amending the comprehensive plan of the city Kamending 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 Council 2008-07-17 11 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 35 storm event; renumbering some objectives and policies: providing for severability. Ordinance 7917-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7917-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.2 Adopt Ordinance 7920-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to change the land use designation for certain real property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen-Booth Road, from industrial limited (IL) to commercial general (CG). Ordinance 7920-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7920-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.3 Adopt Ordinance 7921-08 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen-Booth Road, from industrial research and technology (IRT) to commercial (C). Ordinance 7921-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7921-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.4 Adopt Ordinance 7922-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real propert y whose post office address is 2723 S.R. 580, as residential/office general. Ordinance 7922-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7922-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-07-17 12