9048-17ORDINANCE NO. 9048-17
AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY),
FLORIDA, MAKING AMENDMENTS TO THE CITY'S
COMPREHENSIVE PLAN IN ACCORDANCE WITH FLORIDA
SENATE BILL 1094 (2015) "PERIL OF FLOOD ACT" BY
MODIFYING THE COASTAL MANAGEMENT ELEMENT,
ADDING A NEW GOAL AND POLICIES RELATED TO
STRATEGIES AND ENGINEERING SOLUTIONS THAT
REDUCE FLOOD RISK IN THE CITY'S COASTAL AREAS;
ADDING POLICIES THAT ENCOURAGE SHORELINE
PRESERVATION WITHIN THE CITY'S BARRIER ISLANDS;
INCORPORATING NEW POLICIES THAT ENCOURAGE MORE
RESILIENT CONSTRUCTION PRACTICES AND THE
POSSIBILITY OF IMPLEMENTING A MORE ROBUST
STORMWATER DESIGN POLICY; ADDING POLICIES
BOLSTERING THE CITY'S POST -DISASTER MANAGEMENT
PLANNING; REARRANGING THE ORDER OF SEVERAL
EXISTING POLICIES WITHIN THIS COASTAL MANAGEMENT
ELEMENT TO MAKE THIS SECTION MORE
COMPREHENSIBLE; BY AMENDING MAPS E -1A, E -1B, E-2 AND
E-3; UPDATING VARIOUS TERMS AND REFERENCES;
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, Florida Senate Bill 1094, also known as the Peril of Flood Act, was signed
into law in 2015; and
WHEREAS, the Peril of Flood Act included sea level rise as one of the causes of flood risk
that must be addressed in the Coastal Management Element of a Comprehensive Plan; and
WHEREAS, the Peril of Flood Act established six components aimed at reducing the risk
of flood and encouraged participation in the Community Rating System; and
WHEREAS, the City of Clearwater ("City") was selected by the Department of Economic
Opportunity in 2015 to participate in a Sea Level Rise and Coastal Resiliency Pilot Project; and
WHEREAS, the City was selected by the Department of Economic Opportunity in 2017 to
receive a technical assistance grant to address the Peril of Flood requirements; and
WHEREAS, the City desires to address the Peril of Flood requirements using the findings
from the Sea Level Rise and Coastal Resiliency Pilot Project and the technical assistance grant;
and
1 Ordinance No. 9048-17
WHEREAS, this ordinance addresses the Peril of Flood requirements within the Coastal
Management Element of the Clearwater Comprehensive Plan; and
WHEREAS, the City Council finds it necessary, desirable, and proper to adopt the
amendments to the Goals, 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. That Policies E.1.2.2 through E.1.2.4 of the Clearwater Comprehensive
Plan Coastal Management Element be deleted with the subsequent policies renumbered:
Section 2. That Policy E.1.5.1 of the Clearwater Comprehensive Plan Coastal
Management Element be amended to read as follows:
E.1.5.1 ' ' ' _ - _ - Public facilities, infrastructure, and utilities in
the Coastal Storm Area should be maintained and improved when as necessary;
and consistent with the Level of Service demands in the functional elements.
Future projects are addressed in the Capital Improvement Element.
Section 3. That Objective E.1.6 of the Clearwater Comprehensive Plan Coastal
Management Element and its Policies be deleted:
ManagementT- lan.
2
Ordinance No. 9048-17
level rise;
- = - °e- - - . - . '0-- •-. -
waterfronts.
Section 4. That a new Goal E.2 of the Clearwater Comprehensive Plan Coastal
Management Element and new objectives and policies be added as follows, with subsequent
Goals, Objectives and Policies renumbered:
E.2 GOAL - NEW DEVELOPMENT, REDEVELOPMENT, AND INVESTMENT IN PUBLIC
FACILITIES, UTILITIES, AND INFRASTRUCTURE SHALL BE MANAGED AND
REGULATED TO REDUCE FLOOD RISK IN THE COASTAL AREAS RESULTING FROM
HIGH -TIDE EVENTS, STORM SURGE, FLASH FLOODS, STORMWATER RUNOFF, AND
THE RELATED IMPACTS OF SEA LEVEL RISE AND TO REDUCE LOSSES DUE TO
FLOODING AND CLAIMS MADE UNDER FLOOD INSURANCE POLICIES ISSUED IN
THIS STATE.
E.2.1 Objective — Development and redevelopment in the City shall be planned and
managed to reduce risk and losses due to flooding resulting from high -tide
events, storm surge, flash floods, stormwater runoff, and the related impacts of
sea level rise.
Policies
E.2.1.1 Development and redevelopment plans and proposals in the coastal storm area
shall be reviewed for compliance with the goals, objectives and policies of the
Comprehensive Plan and other appropriate plans and references, including
Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, the City's National Flood Insurance Policy (NFIP) Community Rating
System (CRS) Program, and Floodplain Management Plan.
E.2.1.2 The flood -resistant construction requirements in the Florida Building Code and
applicable floodplain management regulations set forth in 44 C.F.R. part 60, or
3 Ordinance No. 9048-17
more stringent controls, shall continue to be applied to development and
redevelopment in the coastal storm area.
E.2.1.3 By 2020, the City shall explore the feasibility of requiring rather than encouraging
the use of Low Impact Development site design methods for new development,
redevelopment, additions and retrofits, and modifications to properties in the
coastal storm area.
E.2.1.4 Low Impact Development design standards shall provide for site design,
engineering, and stormwater management designs and retrofits that reduce run-
off, mitigate flood impacts, and provide for the on-site absorption, capture, and
reuse of rain water. The standards shall encourage or require the increased use
of "green" stormwater management treatments, native/Florida-friendly landscape
material, porous paving materials, and the preservation and restoration of natural
drainage characteristics.
E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA.
E.2.2Objective — Hazard mitigation efforts will be implemented to reduce flood risk
resulting from high -tide events, storm surge, flash flood, stormwater runoff, and
the related impacts of sea level rise.
Policies
E.2.2.1 The City shall encourage and support hazard mitigation efforts through
continuation of the following activities:
• Participation in the National Flood Insurance Program's Community Rating
System;
• Participation in the Pinellas County's Local Mitigation Strategy;
• Administration of building regulations consistent with City and FEMA
regulations;
• Review and implementation of appropriate policies and strategies developed
by partner agencies or through interagency hazard assessment and
mitigation initiatives;
• Prohibition of beach sand dune alteration; and
• Restriction of development in floodways.
E.2.2.2 The City will continue to monitor and coordinate with the Pinellas County Local
Mitigation Strategy Work Group and evaluate the feasibility of incorporating
recommendations from that initiative and other intergovernmental hazard
planning initiatives into the Clearwater Comprehensive Plan and Land
Development Code.
E.2.2.3 The City will continue to apply building code and land development code
requirements to ensure noncompliant structures are brought into conformance
with FEMA flood elevation standards or will be flood proofed consistent with
FEMA standards.
E.2.3Obiective — Continue to educate the public on flood risks, as well as mitigation
strategies and available programs to reduce flood hazards and improve the City's
4 Ordinance No. 9048-17
Community Rating System (CRS) score, which will allow for decreased flood
insurance premiums.
Policies
E.2.3.1 Continue to prepare and disseminate communications and conduct NFIP
community workshops to provide information regarding the benefits of acquiring
flood insurance.
E.2.3.2 Continue to update, maintain, and make available for public review flood risk
maps and related information indicating risks associated with high tide events,
storm surge, flash flood, stormwater runoff, and related impacts of sea level rise.
E.2.3.3 Flood elevation certificates shall continue to be made available for public review.
E.2.4 Objective — The practice of adapting the built environment to address impacts of
sea level rise shall be an integral part of the City's planning process and in its
coordination with partner agencies.
Policies
E.2.4.1 The anticipated impacts of storm surge and sea level rise shall be a
consideration in the implementation and administration of the City's
Comprehensive Plan, building and life -safety codes, capital improvement plans,
emergency management plans, land development codes, water resource and
stormwater management plans, coastal management plans, and economic
development programs.
E.2.4.2 The City shall work with local, state, and federal entities in the continued
assessment of vulnerabilities and the development of mitigation and adaptation
strategies to address the impacts of sea level rise.
E.2.5Obiective — By 2020, the City shall designate Adaptation Action Area(s) identifying
locations vulnerable to the impacts of sea level rise, include Adaptation Action
Area mapping in the Future Land Use Plan map series, and define policies and
strategies applicable to development, redevelopment, and investment in public
facilities, infrastructure, and utilities addressing long term impacts.
Policies
E.2.5.1 Map Adaptation Action Areas to identify areas vulnerable to the impacts of sea
level rise.
E.2.5.2 Identify and implement adaptation policies to increase community awareness
and evaluate the impacts of requiring elevated finished floors, additional
freeboard, and wet/dry flood proofing in areas outside designated flood plains but
within the designated Adaptation Action Area.
E.2.5.3 Work with local, state and regional partners to identify funding sources to support
adaptation projects located within Adaptation Action Areas.
5 Ordinance No. 9048-17
E.2.5.4 Evaluate the costs and benefits of adaptation alternatives in the location and
design of new infrastructure and the fortification or retrofitting of existing
infrastructure.
E.2.5.5 After the mapping of Adaptation Action Areas, follow a regular program of
assessment and reevaluation to ensure policies and strategies address known
and anticipated risks associated with sea level rise. Activities shall include
acquisition of necessary modeling data and programs to update the Adaptation
Action Area map(s) in the City's Future Land Use Plan map series.
E.2.6Obiective — When constructing or reconstructing utilities or infrastructure,
evaluations shall be completed to assess vulnerability and resilience to sea level
rise and identify cost-effective strategies to ensure resilience.
Policies
E.2.6.1 The City shall continue to evaluate opportunities to protect public facilities,
infrastructure, and utilities from the impacts of sea level rise.
E.2.7Objective — Evaluate and identify which public investments and infrastructure
should be built or rebuilt, modified or relocated to maximize the effective life span.
Policies
E.2.7.1 By 2020, identify public facilities and infrastructure at risk from sea level rise and
plan for updates to the assessment every five years. The City shall analyze
vulnerability to public facilities and infrastructure, including but not limited to:
public buildings and facilities, including police and fire stations; water and water
reclamation facilities, transmission lines and pumping stations; stormwater
systems: roads and bridges; and other transportation and transit infrastructure.
E.2.7.2 Based on the sea level rise vulnerability assessment, the City will determine
appropriate strategies related to the modification in place fe.g. elevation,
hardening, relocation, etc.1 or strategic retreat from areas at risk.
E.2.7.3 Evaluate elevating roads and bridges above the base flood elevation to maintain
dry access. In situations where flood waters tend to wash roads out,
construction, reconstruction, or repair can include not only attention to drainage,
but also stabilization or armoring of vulnerable shoulders or embankments.
E.2.7.4 By 2020, expand upon existing emergency management communication efforts
and initiate a program to coordinate resilience and adaptation initiatives with the
owners of private utilities, hospitals and clinics, nursing homes and assisted
living facilities, and other privately -operated facilities in locations identified as
vulnerable to impact from sea level rise.
Section 5. That Policy E3.2.3 of the Clearwater Comprehensive Plan Coastal
Management Element, as renumbered by this ordinance, be amended, and Policies E.3.2.4
through E.3.2.6 be added, to read as follows:
6 Ordinance No. 9048-17
E.3.2.3 Maintain existing Recreation/Open Space Future Land Use designations
categories within the coastal storm area.
E.3.2.4 The City shall minimize the disturbance of natural shorelines which provide
stabilization and protect landward areas from storm impacts, where feasible.
E.3.2.5 To preserve the functionality of natural sea level rise barriers, the City shall:
• Examine the appropriate use of sediment -trapping vegetation, sediment
mounds, etc., for coastal hazards; and
• Implement dune restoration, plantings (i.e., sea oats), and use of natural
material, where feasible.
E.3.2.6 The City will maintain shoreline protection and erosion control by:
• Continuing the appropriate use of beach nourishment and pursuit of sand
bypassing;
• Facilitating the installation and maintenance of native beach dune vegetation
along appropriate areas of beach; and
• Considering hard structures, such as seawalls, only when alternative options
are unavailable.
Section 6. That old Policies E.4.1.1 and E.4.1.2 of the Clearwater Comprehensive
Plan Coastal Management Element, as renumbered by this ordinance, be deleted, that Policies
E.4.1.1 and E.4.1.3, as renumbered, be amended, and Policies E.4.1.4 and E.4.1.5 be added, to
read as follows:
I A
E.4.1.31 Limit public expenditures that subsidize development permitted in the coastal
NO -hazard storm areas, except for the restoration or enhancement of natural
resources.
E.4.1.42 Ensure that construction of necessary infrastructure improvements in the coastal
storm area are phased to coincide with the demands generated by development
or redevelopment in support of the proposed densities permitted by the City's
adopted Future Land Use Map.
E.4.1.53 The City's public expenditures in the CHHA coastal storm area, when available,
will include program improvements that will restore and enhance natural
resources.
E.4.1.4 Encourage more efficient and climate resilient construction practices locally by:
• Evaluating base finish floor elevation standards with respect to projected sea
level rise scenarios and flooding potential; and
• Evaluating extending the City's cumulative substantial improvement and
substantial damage regulation from one-year to a multi-year time period; and
• Evaluating extending the City's substantial improvement and substantial
damage regulatory threshold to less than 50%.
7 Ordinance No. 9048-17
E.4.1.5 Evaluate designing a "natural runoff' or "net -zero discharge" policy for
stormwater in subdivision and site design.
Section 7. That Policies E.5.1.4 through E.5.1.6 of the Clearwater Comprehensive
Plan Coastal Management Element, as renumbered by this ordinance, be amended and that
Policy E.5.1.9, as renumbered, be deleted, as follows:
E.5.1.4 Damaged infrastructure shall continue to be repaired or rebuilt to minimize the
potential for future damage. Unless the facility is necessary to serve the
population of the coastal storm area, consideration shall be given to relocation
public facilities outside the coastal storm area.
E.5.1.5 Temporary -building moratoriums may continue to be declared in the coastal high
hazard storm area when 50% or more of the homes have been destroyed in
order to assess impacts and feasibility of redevelopment.
E.5.1.6 Repair and rebuilding of critical facilities such as water facilities, sewage
treatment plants and lift station and other utilities damaged in future storms shall
be reconstructed to minimize hurricane and flooding vulnerability.
disasters.
Section 8. That Policies E.5.2.4 through E.5.2.6 of the Clearwater Comprehensive
Plan Coastal Management Element be added, to read as follows:
E.5.2.4 The City shall continue to review inventories of repetitive loss properties provided
by FEMA and continue working with state officials to improve the process of
reducing vulnerability and loss for listed properties.
E.5.2.5 As part of post -disaster planning and management, the City shall prepare
inventories of properties for acquisition and removal, including repetitive loss
properties, and establish clear priorities for the use of acquisition resources.
E.5.2.6 As part of the process of defining and establishing policies for development and
redevelopment in the Adaptation Action Areas, the City shall assess existing
regulations and standards for post -disaster redevelopment, and such standards
shall address the replacement, removal, relocation or structural modification of
damaged and unsafe structures and infrastructure and distinguish between the
recovery phase and long-term redevelopment.
Section 9. That Goal E.6 of the Clearwater Comprehensive Plan Coastal Management
Element, as renumbered by this ordinance, be deleted as follows, and its subsequent Objectives
and Policies be renumbered:
8 Ordinance No. 9048-17
Section 10. That Policies E.5.4.1through E.5.4.3 of the Clearwater Comprehensive Plan
Coastal Management Element be added, with subsequent Policies renumbered, and that Policy
E.5.4.5, as renumbered, be amended to fix a typographical error:
E.5.4.1 The City will encourage the preservation of recreational and commercial working
waterfronts and marinas and other water -dependent facilities.
E.5.4.2 The City discourages the rezoning of recreational and commercial working
waterfronts.
E.5.4.3 The City will support accessory transient marina docks or slips through the
Community Development Code and special area plans.
E.5.4.5 To ensure land use compatibility, commercial marinas operated as a primary
use shall not be located adjacent to residential land uses unless screening or
adequate landscaped buffering is provided. Accessory use marina facilities may
be located adjacent to residential land uses in accordance with the Community
Development Code.
Section 12. That Maps E -1A, E-1 B, E-2 and E-3 of the Clearwater Comprehensive Plan
be replaced with the maps attached as Composite Exhibit A:
Section 13. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 14. The effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the Department of Economic Opportunity notifies the local
government that the plan amendment package is complete. If timely challenged, this amendment
shall become effective on the date the Department of Economic Opportunity or the Administration
Commission enters a final order determining this adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective by adoption
of a resolution affirming its effective status, a copy of which resolution shall be sent to the
Department of Economic Opportunity.
9 Ordinance No. 9048-17
PASSED ON FIRST READING
PASSED, AS AMENDED, ON SECOND
AND FINAL READING AND ADOPTED
Camilo Soto
Assistant City Attorney
AUG 1.6 2011
DEC 0 7 2017
cteott Oct c\tices
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
10 Ordinance No. 9048-17
City of Clearwate
Comprehensive Plan 2017
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