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CPA2011-03011; ORD 8256-01CPA 2011-03011 ORDIANCE 8256-01 ITEM: E.4. PLANNER: LAUREN MATZKE, AICP CDB Meeting Date: April 19, 2011 Case Number: CPA2011-03001 Ordinance No.: 8256-11 Agenda Item: E. 4. CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Clearwater Comprehensive Plan Amendments INITIATED BY: City of Clearwater Planning & Development Department BACKGROUND: In January 2011, the Planning and Development Department worked with members from other departments within the city, to review certain elements of the Clearwater Comprehensive Plan. During this review, several policies were identified as requiring minor amendments during the next amendment stage of the Plan in order to correct inaccurate references and modify certain regulations. ANALYSIS: A total of three amendments are proposed to the text of the Clearwater Comprehensive Plan in Ordinance No. 8256-11. One amendment modifies references to water quality criteria regulations, one corrects a reference to the 25-year floodplain map, and another is editorial in nature. 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. ALlelldlllellt 1 -ReV1Je Pa11Cv F.i.2.3 Vf the ~i Vllsi'l Y~at1 V11 Elelllellt ~Pa~,e 1 Vf EAl~llblt A Vf prVp VJed ordinance and page F-3 of the Plan). Proposed Amendment 1 changes references to the water quality criteria regulations, removing reference to Total Maximum Daily Loads (TMDL) and replacing it with reference to the provisions of the National Pollution Discharge Elimination System (NPDES) permits. This change would allow the city to assess water quality utilizing a permit issued by the State that takes into account all local state, and federal water quality requirements. 2. Amendment 2 -Amend Policy F.1.8.9 of the Conservation Element (Page 1 of Exhibit A of proposed ordinance and page F-8 of the Plan). This proposed amendment corrects references to the 25-year floodplain, which was incorrectly written as the 26-year flood plain. 3. Amendment 3 - Amend the "FY2010/2011 ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT" Tables of the Capital Improvements Element (Pages 1 through 3 of Exhibit A of proposed ordinance and page I-14 through I-15 of the Plan). This proposed corrects the jurisdiction for McMullen Booth Road to County Road, for all segments of the road included within_the roads level of service tables. Community Development Boazd -April 19, 2011 CPA2011-03001- Page 1 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 Clearwater Comprehensive Plan are consistent with existing goals, policies and objectives in the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments make two minor editorial modifications and revise language for water quality criteria regulations, consistent with other goals, objectives and policies within the Plan. The proposed amendment is not inconsistent with other provisions of the Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question 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, and therefore do not affect available uses. 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 are mostly editorial in nature except for the modified reference to water quality regulations. The proposed language, amending the standard by which water quality will be assessed to the National Pollution Discharge Elimination System (NPDES), would allow for a higher level of accuracy at the local level as NPDES Permits are based on more locally based data. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments are not site specific, and therefore are not expected to adversely impact the use of any properties within the City of Clearwater. Community Development Board -April 19, 2011 CPA2011-03001-Page 2 SUMMARY AND RECOMMENDATION: The proposed amendments to the Clearwater Comprehensive Plan address minor editorial changes. These proposed amendments further the goals and many objectives already included in the Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8256-11 that amends the Clearwater Comprehensive Plan. Prepared by Planning & Development Department Staff: ~Q~ Lauren Matzke, AICP Planner III ATTACHMENTS: D Ordinance No. 8256-11 and Exhibit A S: lPlanning DeparJmentl COMPREHENSIVE PLAN12011 Comp Plan AmendmentslCPA2011-03001 - Mtsc AmendmentsLStaff ReportlOrdtnance No 8256-11 2011 09-19 CDB Staff Report.doc Community Development Board -April 19, 2011 CPA2011-03001- Page 3 Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 Lauren.matzke(u~myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to + ~ L.o.,~.:~~0 1~,,,,;., nr.~ lnrrl a 1~ mur~t rnrtii~~4innc Cnra~n~ ~c S4~'f to gi/veriuilcY'its %,oliipr e11~.1i~iv~. pituuuaig cuau iuaiu ue v'ei pauwi~ 1V~,UlULl V11J. UVl YELL UJ L V the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III Florida Department of Environmental Protection Tallahassee, FL August 2005 to February 2007 Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. • Planner Florida Planning and Development Lab Tallahassee, FL August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners (2009 to Present) American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) ORDINANCE NO. 8256-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING CONSERVATION ELEMENT POLICY F.1.2.3 TO MODIFY REFERENCES TO WATER QUALITY CRITERIA REGULATIONS; BY AMENDING CONSERVATION ELEMENT POLICY F.1.8.9 TO CORRECT REFERENCE TO THE 25-YEAR FLOODPLAIN MAP; BY MAKING MINOR EDITORIAL CHANGES; 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 Council approved Ordinance Number 8088-09, which amended the Comprehensive Plan of the City on November 17, 2009; and WHEREAS, the City Council approved Ordinance Number 8134-10, which amended the Comprehensive Plan of the City on May 20, 2010; and WHEREAS, the Conservation Element of the Comprehensive Plan is being amended to update policies to include revised references; and WHEREAS, amendments to the Comprehensive Plan have been prepared in accordance with the appiicabie requirements of iaw, after conducting 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, Ordinance No. 8256-11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 3 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall be published in accordance with the requirements of law. Section 3. 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 2. 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 Sections 163.3177 163.3187 or 163.32465(6)(8), F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 2 Ordinance No. 8256-11 EXHIBIT A ATTACHMENT TO ORDINANCE 8256-11 AMENDMENT 1-CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy F.1.2.3of the Plan on page F-3 as follows: ***** Policies F.1.2.3 The City shall support the development of water quality specific level of service criteria as required within the provisions of the National Pollution Discharge Elimination System (NPDESZpermit issued to Pinellas County by the Florida Department of Environmental Protection. ***** AMENDMENT 2 -CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy F.I.8.9of the Plan on page F-8 as follows: ***** Policies F.1.8.9 Pesticide dealers, auto paint and repair shops, salvage yards, and other small-quantity generators of hazardous waste identified as per Florida State Law shall provide storage of hazardous products and by products outside of the elevation of the 2b25-year flood-plain, shall not cause the direct discharge of runoff from said storage areas into water of the State, and shall have containment separation traps of adequate size to prevent any discharge in case of a spill or accident. ***** AMENDMENT 3 -CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES Amend "FY2010/2011 ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT" Tables starting on page I-I4 as follows: ***** ROADS: Roadway LOS standard: C Average Daily, D Peak Hour Arterial and collector roadways currently operating below the adopted LOS standard include: Exhibit A Ordinance No. 8256-11 # Roadway Segment Juris' Road Type Length (mi) Volume/ Capacity Ratio 2009 Level of Service 590 Belleau Rd (LTS 19 to Keene) CR 2U 1.969 0.86 E 800 Ft Harrison Ave (Belleau to Chestnut) CL 2D 1.551 1.24 F 802 Ft Harrison Ave (Chestnut to Drew) CL 2D 0.498 1.18 F 985 McMullen Booth Rd (Gulf to Bay to Main) SRCR 6D 2.267 1.24 F 986 McMullen Booth Rd (Main to SR 580) SRCR 6D 2.042 1.27 F 987 McMullen Booth Rd (SR 580 to SR 586) SRCR 6D 1.768 1.09 F 1025 NE Coachman Rd (Drew to US 19) SR 2U l .741 1.14 F 672 SR 60 (Hillsborough CL to Bayshore) SR 4D 5.235 1.46 F 844 SR 60/Gulf to Bay Blvd(Highland to Keene) SR 6D 0.756 0.97 E 845 SR 60/Gulf to Bay Blvd (Keene to Belcher) SR 6D 1.026 1.15 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US19) SR 6D 1.512 1.21 F 847 SR 60/Gulf to Bay Blvd (LJS 19 to Belcher) SR 6D 0.986 1.15 F 1253 US 19 (Belleau to Druid/Seville) SR 6D 1210 1.73 F 1256 US 19 (Sunset Point to Enterprise) SR 6D 1.333 1.66 F Notes: 1. CR -County road; CL -City of Clearwater; SR -State road. 2. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan. 3. Related capacity improvement identified in the Pinellas County Transportation Improvement Program, FY 2010-FY 2015. 4. Related capacity improvement identified in the Florida Department of Transportation Five- Year Work Program, FY 2011-2015. 5. 2025 level of service projections indicate improvement to LOS D. Source: Facility Level of Service Analysis, Pinellas County MPO, 2009. Arterial and collector roadways projected to operate below the adopted LOS standard in 2025 are listed below. Note: The Pinellas MPO does not calculate interim year LOS projections (e.g., 2015), therefore, 2025 data is used. # Roadway Segment Juris' Road Type Length (mi) Year 2025 AADT 2025 Level of Service 515 US Alt 19/Edgewater (Myrtle to Broadway SR 2U 2.091 24712 F 582 Belcher Rd (Gulf to Bay to NE Coachman) CR 4U 0.805 33477 F 590 Belleau Rd (US 19 to Keene) 3 CR 2U 1.969 19000 E 634 Chestnut St (Court St Conn. to Ft Harrison) SR 20 0.225 23000 F 635 Chestnut St (Ft Harrison to Myrtle) SR 40 0.252 23000 F 643 Cleveland St (Ft Hamson to Myrtle) CL 2D 0.247 10186 E 669 Court St (Missouri to Highland) SR 4D 0.755 32256 F 670 Court St (Ft Harrison to Oak) SR 30 0.105 24164 F 671 Court St (Oak to Chestnut St Connection) SR 30 0.048 29025 F 736 Drew St (Missouri to Highland) SR 4U 0.794 14248 E 749 Druid Rd (Keene to Highland) CL 2U 0.774 14248 E 800 Ft Harrison Ave (Belleau to Chestnut) CL 2D 1.551 33000 F 2 Exhibit A Ordinance No. 8256-11 # Roadway Segment Juris' Road Type Length (mi) Year 2025 AADT 2025 Level of Service 802 Ft Harrison Ave (Chestnut to Drew) CL 2D 0.498 28666 F 866 Highland Ave (Druid to Belleair) CR 2U 0.253 16795 F 867 Highland Ave (Druid to Gulf to Bay) CR 4U 0.253 17882 F 912 Keene Rd (Drew to Sunset Point) CR 6D 1.518 38000 F 913 Keene Rd (Sunset Point to SR 580) CR 6D 2.032 38000 F 985 McMullen Booth Rd (Gulf to Bay to Main) 3 SCR 6D 2.267 82466 F 986 McMullen Booth Rd (Main to SR 580) 3 SRCR 6D 2.042 83112 F 987 McMullen Booth Rd (SR 580 to SR 586) 3 SCR 6D 1.768 73631 F 995 Memorial Cswy (Rnd-about to Island Way) 3 SR 4D 0.447 52000 F 997/8 Memorial Cswy (Court to Cleveland) 3 SR 4D 1.28 52000 F 1025 NE Coachman Rd (Drew to US 19) SR 2U 1.741 23244 F 1026- NE Coachman Rd (US 19 to McMullen Bth) SR 2U 1.267 19992 F 1036 Nursery Rd (US 19 to Belcher) CR 2U 0.916 15000 F 1037 Nursery Rd (Belcher to Keene) CR 2U 1.008 12000 F 1038 Nursery Rd (Keene to Highland) CR 2U 0.773 12000 F 1216 Sunset Point Rd (Keene to Belcher) CR 4D 1.098 .44321 F 1217 Sunset Point Rd (Belcher to US 19) CR 4D 0.959 37549 F 672 SR 60 (Hillsborough CL to Bayshore) SR 4D 5.235 68616 F 845 SR 60/Gulf to Bay Blvd (Keene to Belcher) SR 6D 1.026 63237 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US 19) SR 6D 1.512 65846 F 847 SR 60/Gulf to Bay Blvd (US 19 to Belcher) SR 6D 0.986 60500 F 1258 US 19 (SR 580 to Curlew) SR 6D 2.035 95502 F Notes: 1. CR -County road; CL -City of Clearwater; SR -State road. 2. AADT -Annual Average Daily Traffic. 3. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan or Clearwater Comprehensive Plan. Source: Year 2025 AADT Traffic Forecast and PM Peak Level Of Service, Pinellas County MPO, 2009. ***** Exhibit A Ordinance No. 8256-11