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CPA2016-04001
M US 19 Corridor/ Greenpr'int / Countywide Plan. 4 O Comprehensive Plan' Amendments (201k) ?A IDI c=, D q. ODD ccz o. City Council Cover Memo for US 19 / CW Rules Comp Plan Amendments (CPA2016- 04001) Meeting Date: Sept 12, 2016 Work Session Subject/Recommendation: Approve amendments to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria for plan amendments in the Coastal Storm Area, and update various terms and references; and pass Ordinance No. 8923-16 on first reading. (CPA2016-04001) Summary: This proposed ordinance contains numerous amendments to the goals, objectives and policies of the Future Land Use Element of the Clearwater Comprehensive Plan. Many of the proposed amendments are proposed to address the implementation of several city plans, including the Economic Development Strategic Plan (2011), Clearwater Greenprint (2011), and the US 19 Corridor Redevelopment Plan (2012). Additionally, several proposed amendments address changes within the new Countywide Plan for Pinellas County (Countywide Plan) which was adopted by the Countywide Planning Authority in August 2015. The updated Countywide Plan established 16 Countywide Plan Map categories, while the previous Plan contained 36, and also designated areas along US Highway 19 as Activity Center or Multimodal Corridor on the Countywide Plan Map, consistent with the Corridor Plan. US 19 Corridor Redevelopment Plan (Corridor Plan) Related Amendments The proposed amendments include the creation of new US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories and zoning districts, and establishes the corresponding floor area ratio (FAR) standards for the future land use categories, all consistent with the Corridor Plan. These changes are depicted on a new Future Land Use Table A-1, which is proposed to replace the existing table in the Element. This table identifies the City of Clearwater land use categories and each category's primary uses and maximum density/intensity. Ordinance 8923-16 also includes a new policy restricting residential density for those properties within the Coastal Storm Area along US Highway 19 to that which is already permitted, as well as a new Map A-16 (Future Land Uses Within CSA, US 19 Redevelopment Area) depicting what areas are affected and what those residential densities shall remain. Changes within the Citywide design structure pertaining to US Highway 19 are proposed in order to recognize completed work and to further support the implementation of the Corridor Plan. This includes a proposed new policy encouraging the establishment of design standards as envisioned within the Corridor Plan, as well as updates to Maps A-13 (Activity Centers) and A-14 (Citywide Design Structure). Additionally, a new policy is proposed which would allow the appropriate US 19 future land use category to be assigned to parcels that annex within the US 19 Corridor Redevelopment Area, which is depicted on proposed Map A-17 (US 19 Corridor Redevelopment Area). Countywide Plan for Pinellas County Consistency Amendments In addition to minor amendments updating references to the Countywide Plan for Pinellas County, and changing other small references consistent with new language in the Countywide Plan, a new policy is proposed to adopt "balancing criteria" against which the City may evaluate amendments proposing increases in permanent population within the coastal storm areas. These criteria are included in the new Countywide Rules, and adopting them locally would provide the City with more discretion at the local level in evaluating proposed changes within the coastal storm area. Proposed Future Land Use Table A-1 includes a new Target Employment Center Overlay (TEC) category which will enable the City to designate industrial areas in the future to allow a 100% increase in development potential (FAR) for manufacturing, office, and research/development uses. A new Table A-2 is proposed which identifies the consistent Countywide Plan Map categories/subcategories as well as the consistent city zoning districts for each City future land use category. In addition to the above, staff is also proposing the following: • Replacing footnotes to the existing Future Land Use Table pertaining to transit oriented development (TOD) and FAR bonus provisions for hospital uses with new policies addressing the same; • Creating a new policy addressing residential equivalent uses and beds per dwelling unit allowance; • Adding a policy emphasizing preservation of the character of North Clearwater Beach, recognizing that it is a residential area on Clearwater Beach which is otherwise primarily tourist oriented; and • Making minor changes to update references or correct small errors. Further detail on the proposed amendment is provided in the attached staff report and Ordinance No. 8923-16. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on August 16, 2016 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in December. Attachments to Agenda Item: Ordinance 8923-16 Staff Report ** AMENDED FOR CITY COUNCIL ** R A BIUMIT BAY'm MIA CUT PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 16, 2016 AGENDA ITEM: G.1. CASE: CPA2016-04001 ORDINANCE NO.: 8923-16 REQUEST: Review and recommendation to the City Council of an amendment to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria for plan amendments in the Coastal Storm Area, and update various terms and references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Over the last several years, several major planning efforts have been completed that necessitate amendments to the City's Comprehensive Plan. In 2011, the City's Economic Development and Housing Department engaged TIP Strategies, Inc. to develop an Economic Development Strategic Plan (Strategic Plan) to position Clearwater for future sustainable growth and economic prosperity. One of the priority strategies identified within the Strategic Plan is to establish an employment center overlay district on US Highway 19 to encourage higher -wage employment opportunities. Recognizing the corridor's strategic location within Pinellas County makes it a logical place to grow as a regional employment center, and seeing that the retail sites were adversely impacted by the construction of the highway overpasses, new zoning standards were seen as a way to encourage the type of infill growth desired economically by the City. The US 19 corridor was identified in Clearwater Greenprint (2011) as an "energy conservation area", recognizing the opportunity to create vibrant, mixed-use, transit -supportive activity centers that link people with jobs and services and the need to incentivize such infill development with updated land use policies. As a first step in implementing this Clearwater Greenprint strategy, the Planning and Development Department used US Department of Energy Energy Efficiency and Conservation Block Grant funds to work with HDR to engage businesses and residents and define a vision for future growth along US Highway 19. The US 19 Corridor Redevelopment Plan (Corridor Plan) was approved by City Council in 2012. The Corridor Plan defines three types of revitalization areas — Regional Centers, Neighborhood Centers and In -Between Areas — and includes general guidance on future design standards "to ensure projects along the corridor contribute PLANNING & DEVELOPMENT Level III Comprehensive Plan Amendment Review LONG RANGE PLANNING DIVISION to the creation of more compact, accessible, and attractive pedestrian- and transit -friendly destinations". Revitalization and redevelopment strategies provide more details on how to achieve this vision. At the same time the Planning and Development Department was working on the Corridor Plan, Pinellas Planning Council (PPC) staff was preparing a significant update to the Countywide Plan for Pinellas County (Countywide Plan). The new Countywide Plan was adopted by the Countywide Planning Authority on August 7, 2015. It establishes 16 Countywide Plan Map categories, while the previous Plan contained 36. The Countywide Plan distinguishes between areas and corridors appropriate for more intensive development to create transit -supportive urban areas and areas to be maintained as more suburban and primarily lower - density residential neighborhoods. In order to request the Activity Center or Multimodal Corridor designations be applied to the Countywide Plan Map, cities may prepare redevelopment studies and plans, and must identify how planning and urban design strategies will be implemented locally to mitigate the additional development potential allowed through the new categories. Options for complying with this requirement include adoption of comprehensive plan polices and special zoning designations and design guidelines or standards. Because both the Corridor Plan and the new Countywide Plan were being prepared concurrently, the City had the opportunity to work closely with PPC staff to ensure that the vision in the Corridor Plan was achievable under the new Countywide Rules. The Corridor Plan provided the foundation to have US Highway 19 designated as Multimodal Corridor and Activity Center at the time the new Countywide Plan Map was adopted in 2015. The Corridor Plan strategies identify how the City will meet the requirements in the Countywide Rules, and the proposed Comprehensive Plan amendments include several policies addressing the Corridor Plan. The main purpose of the proposed Comprehensive Plan amendments is to: 1. Establish the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories as well as the corresponding US 19 zoning district and subdistricts; 2. Address changes in Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, adding a new Target Employment Center Overlay (TEC) category, and establishing balancing criteria by which to evaluate amendments within the Coastal Storm Area; and 3. Update the Citywide design structure policies to reflect changes based on the Corridor Plan and include additional policies supporting its implementation, consistent with the requirements for the Activity Center and Multimodal Corridor designations on the Countywide Plan Map. The proposed amendments also include several minor amendments to the Future Land Use Element to update references or correct small errors. Community Development Board — August 16, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001— Page 2 Level III Comprehensive Plan Amendment Review ANALYSIS: The proposed amendments to the Comprehensive Plan are summarized below: PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 1. US 19 Corridor Redevelopment Plan (Corridor Plan) Related Amendments [pages 4, 13 through 14, and 16 through 23 of Ordinance] The proposal creates new US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories and zoning districts consistent with the Corridor Plan, and establishes the corresponding floor area ratio (FAR) standards for the future land use categories. The proposed FAR standards are consistent with those within the Corridor Plan. The development potential for residential and overnight accommodation uses would be governed by the same FAR standard. To ensure the proposed amendments do not result in increases of residential density within the Coastal Storm Area, which would be in conflict with other policies in the Comprehensive Plan, Ordinance 8923-16 includes a new policy restricting residential density for those properties within the Coastal Storm Area along US Highway 19 to that which is already permitted, as well as a new Map A-16 depicting what areas are affected and what those residential densities shall remain. The Comprehensive Plan includes several polices supporting the City's special area plans (Beach by Design and the Clearwater Downtown Redevelopment Plan) and redevelopment planning efforts through its Citywide design structure. Changes within the Citywide design structure pertaining to US Highway 19 are proposed in order to recognize completed work and to further support the implementation of the Corridor Plan. Ordinance 8923-16 proposes to differentiate regional activity centers and neighborhood activity centers, consistent with the proposed new future land use categories. Additionally, the ordinance includes a new policy encouraging the establishment of design standards as envisioned within the Corridor Plan. Updates to Maps A-13 and A-14 and the corresponding attachment to Map A-14 are proposed to include new activity centers along US Highway 19. Lastly, a new policy is proposed which would allow the appropriate US 19 future land use category be assigned to parcels that annex within the US 19 Corridor Redevelopment Area, and a new Map A-17 shows the extent of the US 19 planning area and the associated future land use categories. This would streamline the City's process for these properties, eliminating the need for companion Future Land Use Map and Zoning Atlas amendments. The Corridor Plan addressed properties both within the City's limits and within Unincorporated Pinellas County, recognizing that County enclaves within the City's planning area should also be considered in the planning and vision stage of the project. 2. Countywide Plan for Pinellas County Consistency Amendments [pages 3 through 5, 13 through 15, and 17 of Ordinance] The proposed amendments update nomenclature throughout the Future Land Use Element to reference the Countywide Plan for Pinellas County (new name for Countywide Plan, Rules and Strategies combined) and to change references to land use classifications to land use categories. Additionally, other references from special area plan to redevelopment plan are updated where appropriate. Community Development Board — August 16, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001 — Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistent with criteria in the Countywide Rules, a new Policy A.1.2.3 is added to adopt "balancing criteria" against which the City may evaluate amendments proposing increases in permanent population within the coastal storm areas. This amendment would provide the City with more discretion at the local level in evaluating proposed changes within the coastal storm area, as allowed in the updated Countywide Rules. A new Future Land Use Table A-2 is proposed which identifies the consistent Countywide Plan Map categories/subcategories. A new policy is proposed clarifying that the City may designate properties locally with more restrictive future land use categories, and these are consistent with the Activity Center (AC) Countywide Plan category. The Countywide Plan Map adopted in August 2015 designated the area governed by the Clearwater Downtown Redevelopment Plan as Activity Center — Special Center, recognizing the City's special area plan. Properties within the East Gateway and Town Lake Residential character districts are designated locally with a variety of future land use categories. The updated Countywide Rules include a new Target Employment Center Overlay (TEC) category, which is proposed within Table A-1. This overlay category will enable the City to designate industrial areas in the future to allow a 100% increase in development potential (FAR) for certain uses: manufacturing, office, and research/development. The City's Hercules Industrial Park area is identified as a TEC on the Countywide Plan Map. 3. Future Land Use Table [pages 5 through 15 of Ordinance] The proposed amendments restructure Objective A.2.2 to provide clarity by moving certain components into new policies. As previously mentioned, new Tables A-1 and A-2 are proposed to replace the existing Future Land Use Table, and footnotes in the existing table pertaining to transit oriented development (TOD) and FAR bonus provisions for hospital uses are proposed as new policies. Ordinance 8923-16 includes a new policy addressing residential equivalent uses and beds per dwelling unit allowance, consistent with the definitions within the City's Community Development Code. 4. Miscellaneous Amendments [page 16 of Ordinance] Ordinance 8923-16 proposes to add a policy emphasizing preservation of the character of North Clearwater Beach, recognizing that it is the one residential area on Clearwater Beach which is otherwise primarily tourist oriented. Community Development Board — August 16, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001 —Page 4 Level III Comprehensive Plan Amendment Review STANDARDS FOR REVIEW: PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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 the following goals, objectives, and policies in the Plan: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Objective E.1.2 The coastal storm area shall be the area delineated in Maps E-lA and E -IB 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. Community Development Board — August 16, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001 — Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City shall direct permanent population concentrations away from the coastal storm area consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed amendments create additional future land use categories, adding to those already available within the Future Land Use Element and further expanding opportunities for properties along US Highway 19 and its cross streets. These categories were envisioned within the US 19 Corridor Redevelopment Plan (2012), which is proposed to be identified as one of the redevelopment plans prepared by the city to encourage infill development. US Highway 19 and Gulf -to -Bay Boulevard were previously identified as important corridors for redevelopment, and the Westfield Countryside Mall and Clearwater Mall areas were identified as activity centers within the Citywide design structure. The proposed amendments further these goals and objectives by adding supporting policies and activity centers for which the city has planned for redevelopment going forward. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives and policies and the map series. The proposed amendments add several new objectives and policies to the Comprehensive Plan, while also simplifying other sections of the Plan. The proposed amendments to Objective A.6.1 and related policies identify the locations for the new US 19 Regional Centers, Neighborhood Centers and Corridor segments, as was previously done for the city's other redevelopment plans, Beach by Design and the Clearwater Downtown Redevelopment Plan. The proposed policies support and expand the Citywide design structure as previously discussed. The -proposal of -balancing criteria -for amendments within the -coastal storm area -- and the proposed policy limiting permanent residential density for properties within the coastal storm area along US Highway 19 are consistent with other Objectives and Policies within the Comprehensive Plan, including the Coastal Management Element. 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 include some updates to the uses listed within new Table A-1 in order to clarify and bring consistency between the Comprehensive Plan and the Community Development Code. However, the updates to this table do not add or delete uses already available to these properties, as that is regulated by zoning districts in the Community Development Code. Table A-2 identifies certain general or primary uses for the proposed US 19 Regional Center, US 19 Neighborhood Center, and US 19 Corridor future land use categories. A complete list of permitted uses will be established when the corresponding zoning district and design standards are proposed later this year. 4. Sufficient public facilities are available to serve the property. This amendment does not result in changes to the City's Future Land Use Map; therefore, this criterion is not applicable at this time. However, a review of public facility availability in order to support the related Community Development Board — August 16, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001 —Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Future Land Use Map amendment for the US 19 corridor is provided within the staff report for LUP2016-06004, LUP2016-06005 and LUP2016-06006. 5. The amendment will not adversely affect the natural environment. This is not applicable to the proposed amendments. 6. The amendment will not adversely impact the use of property in the immediate area. This is not directly applicable to the proposed amendments as they do not relate to a specific property or properties. Several of the amendments proposed by this ordinance would expand the number of future land use categories available within the City, which will later result in an expansion to the number of uses available when the corresponding zoning district is established and properties are designated on the Zoning Atlas. Proposed Policy 6.1.13 encourages development standards for US Highway 19 which seek to provide safe and attractive settings for working, living, and shopping. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Future Land Use Element to recent changes to the Countywide Plan for Pinellas County and to include policies related to the US 19 Corridor Redevelopment Plan and further supporting its implementation. The proposed amendment is consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the property in the - - ---immediate area, and sufficient -public facil-i-ties-exist to implement.the proposed amendment... Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8923-16 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 8923-16 Resume Community Development Board — August 1.6, 2016 Revised for City Council First Reading — September 15, 2016 CPA2016-04001 —Page 7 CLEA RATER BRIGM Amin MAU11FUL • SAY TO MACH PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 16, 2016 AGENDA ITEM: G.1. CASE: CPA2016-04001 ORDINANCE NO.: 8923-16 REQUEST: Review and recommendation to the City Council of an amendment to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria for plan amendments in the Coastal Storm Area, and update various terms and references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Over the last several years, several major planning efforts have been completed that necessitate amendments to the City's Comprehensive Plan. In 2011, the City's Economic Development and Housing Department engaged TIP Strategies, Inc. to develop an Economic Development Strategic Plan (Strategic Plan) to position Clearwater for future sustainable growth and economic prosperity. One of the priority strategies identified within the Strategic Plan is to establish an employment center overlay district orFUS Highway 19 to encourage higher -wage employment opportunities. Recognizing the corridor's strategic location within Pinellas County makes it a logical place to grow as a regional employment center, and seeing that the retail sites were adversely impacted by the construction of the highway overpasses, new zoning standards were seen as a way to encourage the type of infill. growth desired economically by the City. The US 19 corridor was identified in Clearwater Greenprint (2011) as an "energy conservation area", recognizing the opportunity to create vibrant, mixed-use, transit -supportive activity centers that link people with jobs and services and the need to incentivize such infill development with updated land use policies. As a first step in implementing this Clearwater Greenprint strategy, the Planning and Development Department used US Department of Energy Energy Efficiency and Conservation Block Grant funds to work with HDR to engage businesses and residents and define a vision for future growth along US Highway 19. The US 19 Corridor Redevelopment Plan (Corridor Plan) was approved by City Council in 2012. The Corridor Plan defines three types of revitalization areas — Regional Centers, Neighborhood Centers and In -Between Areas — and includes general guidance on future design standards "to ensure projects along the corridor contribute PLANNING & DEVELOPMENT Level III, Comprehensive Plan Amendment Review LONG RANGE PLANNING DIVISION to the creation of more compact, accessible, and attractive pedestrian- and transit -friendly destinations". Revitalization and redevelopment strategies provide more details on how to achieve this vision. At the same time the Planning and Development Department was working on the Corridor Plan, Pinellas Planning Council (PPC) staff was preparing a significant update to the Countywide Plan for Pinellas County (Countywide Plan). The new Countywide Plan was adopted by the Countywide Planning Authority on August 7, 2015. It establishes nine Countywide Plan Map categories, while the previous Plan contained 36. The Countywide Plan distinguishes between areas and corridors appropriate for more intensive development to create transit -supportive urban areas and areas to be maintained as more suburban and primarily lower - density residential neighborhoods. In order to request the Activity Center or Multimodal Corridor designations be applied to the Countywide Plan Map, cities may prepare redevelopment studies and plans, and must identify how planning and urban design strategies will be implemented locally to mitigate the additional development potential allowed through the new categories. Options for complying with this requirement include adoption of comprehensive plan polices and special zoning designations and design guidelines or standards. Because both the Corridor Plan and the new Countywide Plan were being prepared concurrently, the City had the opportunity to work closely with PPC staff to ensure that the vision in the Corridor Plan was achievable under the new Countywide Rules. The Corridor Plan provided the foundation to have US Highway 19 designated as Multimodal Corridor and Activity Center at the time the new Countywide Plan Map was adopted in 2015. The Corridor Plan strategies identify how the City will meet the requirements in the Countywide Rules, and the proposed Comprehensive Plan amendments include several policies addressing the Corridor Plan. The main purpose of the proposed Comprehensive Plan amendments is to: 1. Establish the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories as well as the corresponding US 19 zoning district and subdistricts; 2. Address changes in Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, adding a new Target Employment Center Overlay (TEC) category, and establishing balancing criteria by which to evaluate amendments within the Coastal Storm Area; and 3. Update the Citywide design structure policies to reflect changes based on the Corridor Plan and include additional policies supporting its implementation, consistent with the requirements for the Activity Center and Multimodal Corridor designations on the Countywide Plan Map. The proposed amendments also include several minor amendments to the Future Land Use Element to update references or correct small errors. Community Development Board — August 16, 2016 CPA2016-04001 — Page 2 Level III Comprehensive Plan Amendment Review ANALYSIS: The proposed amendments to the Comprehensive Plan are summarized below: PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 1. US 19 Corridor Redevelopment Plan (Corridor Plan) Related Amendments [pages 4, 13 through 14, and 16 through 23 of Ordinance] The proposal creates new US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories and zoning districts consistent with the Corridor Plan, and establishes the corresponding floor area ratio (FAR) standards for the future land use categories. The proposed FAR standards are consistent with those within the Corridor Plan. The development potential for residential and overnight accommodation uses would be governed by the same FAR standard. To ensure the proposed amendments do not result in increases of residential density within the Coastal Storm Area, which would be in conflict with other policies in the Comprehensive Plan, Ordinance 8923-16 includes a new policy restricting residential density for those properties within the Coastal Storm Area along US Highway 19 to that which is already permitted, as well as a new Map A-16 depicting what areas are affected and what those residential densities shall remain. The Comprehensive Plan includes several polices supporting the City's special area plans (Beach by Design and the Clearwater Downtown Redevelopment Plan) and redevelopment planning efforts through its Citywide design structure. Changes within the Citywide design structure pertaining to US Highway 19 are proposed in order to recognize completed work and to further support the implementation of the Corridor Plan. Ordinance 8923-16 proposes to differentiate regional activity centers and neighborhood activity centers, consistent with the proposed new future land use categories. Additionally, the ordinance includes a new policy encouraging the establishment of design standards as envisioned within the Corridor Plan. Updates to Maps A-13 and A-14 and the corresponding attachment to Map A-14 are proposed to include new activity centers along US Highway 19. Lastly, a new policy is proposed which would allow the appropriate US 19 future land use category be assigned to parcels that annex within the US 19 Corridor Redevelopment Area, and a new Map A-17 shows the extent of the US 19 planning area and the associated future land use categories. This would streamline the City's process for these properties, eliminating the need for companion Future Land Use Map and Zoning Atlas amendments. The Corridor Plan addressed properties both within the City's limits and within Unincorporated Pinellas County, recognizing that County enclaves within the City's planning area should also be considered in the planning and vision stage of the project. 2. Countywide Plan for Pinellas County Consistency Amendments [pages 3 through S, 13 through 15, and 17 of Ordinance] The proposed amendments update nomenclature throughout the Future Land Use Element to reference the Countywide Plan for Pinellas County (new name for Countywide Plan, Rules and Strategies combined) and to change references to land use classifications to land use categories. Additionally, other references from special area plan to redevelopment plan are updated where appropriate. Community Development Board — August 16, 2016 CPA2016-04001 — Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistent with criteria in the Countywide Rules, a new Policy A.1.2.3 is added to adopt "balancing criteria" against which the City may evaluate amendments proposing increases in permanent population within the coastal storm areas. This amendment would provide the City with more discretion at the local level in evaluating proposed changes within the coastal storm area, as allowed in the updated Countywide Rules. A new Future Land Use Table A-2 is proposed which identifies the consistent Countywide Plan Map categories/subcategories. A new policy is proposed clarifying that the City may designate properties locally with more restrictive future land use categories, and these are consistent with the Activity Center (AC) Countywide Plan category. The Countywide Plan Map adopted in August 2015 designated the area governed by the Clearwater Downtown Redevelopment Plan as Activity Center — Special Center, recognizing the City's special area plan. Properties within the East Gateway and Town Lake Residential character districts are designated locally with a variety of future land use categories. The updated Countywide Rules include a new Target Employment Center Overlay (TEC) category, which is proposed within Table A-1. This overlay category will enable the City to designate industrial areas in the future to allow a 100% increase in development potential (FAR) for certain uses: manufacturing, office, and research/development. The City's Hercules Industrial Park area is identified as a TEC on the Countywide Plan Map. 3. Future Land Use Table [pages 5 through 15 of Ordinance] The proposed amendments restructure Objective A.2.2 to provide clarity by moving certain components into new policies. As previously mentioned, new Tables A-1 and A-2 are proposed to replace the existing Future Land Use Table, and footnotes in the existing table pertaining to transit oriented development (TOD) and FAR bonus provisions for hospital uses are proposed as new policies. Ordinance 8923-16 includes a new policy addressing residential equivalent uses and beds per dwelling unit allowance, consistent with the definitions within the City's Community Development Code. 4. Miscellaneous Amendments [page 16 of Ordinance] Ordinance 8923-16 proposes to add a policy emphasizing preservation of the character of North Clearwater Beach, recognizing that it is the one residential area on Clearwater Beach which is otherwise primarily tourist oriented. Community Development Board — August 16, 2016 CPA2016-04001 — Page 4 Level III Comprehensive Plan Amendment Review STANDARDS FOR REVIEW: PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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 the following goals, objectives, and policies in the Plan: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Objective E.1.2 The coastal storm area shall be the area delineated in Maps E-1 A and E-1 B 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. Community Development Board — August 16, 2016 CPA2016-04001 — Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City shall direct permanent population concentrations away from the coastal storm area consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed amendments create additional future land use categories, adding to those already available within the Future Land Use Element and further expanding opportunities for properties along US Highway 19 and its cross streets. These categories were envisioned within the US 19 Corridor Redevelopment Plan (2012), which is proposed to be identified as one of the redevelopment plans prepared by the city to encourage infill development. US Highway 19 and Gulf -to -Bay Boulevard were previously identified as important corridors for redevelopment, and the Westfield Countryside Mall and Clearwater Mall areas were identified as activity centers within the Citywide design structure. The proposed amendments further these goals and objectives by adding supporting policies and activity centers for which the city has planned for redevelopment going forward. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives and policies and the map series. The proposed amendments add several new objectives and policies to the Comprehensive Plan, while also simplifying other sections of the Plan. The proposed amendments to Objective A.6.1 and related policies identify the locations for the new US 19 Regional Centers, Neighborhood Centers and Corridor segments, as was previously done for the city's other redevelopment plans, Beach by Design and the Clearwater Downtown Redevelopment Plan. The proposed policies support and expand the Citywide design structure as previously discussed. The proposal of balancing criteria for amendments within the coastal storm area and the proposed policy limiting permanent residential density for properties within the coastal storm area along US Highway 19 are consistent with other Objectives and Policies within the Comprehensive Plan, including the Coastal Management Element. 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 include some updates to the uses listed within new Table A-1 in order to clarify and bring consistency between the Comprehensive Plan and the Community Development Code. However, the updates to this table do not add or delete uses already available to these properties, as that is regulated by zoning districts in the Community Development Code. Table A-2 identifies certain general or primary uses for the proposed US 19 Regional Center, US 19 Neighborhood Center, and US 19 Corridor future land use categories. A complete list of permitted uses will be established when the corresponding zoning district and design standards are proposed later this year. 4. Sufficient public facilities are available to serve the property. This amendment does not result in changes to the City's Future Land Use Map; therefore, this criterion is not applicable at this time. However, a review of public facility availability in order to support the related Community Development Board — August 16, 2016 CPA2016-04001 — Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Future Land Use Map amendment for the US 19 corridor is provided within the staff report for LUP2016-06004, LUP2016-06005 and LUP2016-06006. 5. The amendment will not adversely affect the natural environment. This is not applicable to the proposed amendments. 6. The amendment will not adversely impact the use of property in the immediate area. This is not directly applicable to the proposed amendments as they do not relate to a specific property or properties. Several of the amendments proposed by this ordinance would expand the number of future land use categories available within the City, which will later result in an expansion to the number of uses available when the corresponding zoning district is established and properties are designated on the Zoning Atlas. Proposed Policy 6.1.13 encourages development standards for US Highway 19 which seek to provide safe and attractive settings for working, living, and shopping. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Future Land Use Element to recent changes to the Countywide Plan for Pinellas County and to include policies related to the US 19 Corridor Redevelopment Plan and further supporting its implementation. The proposed amendment is consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the 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. 8923-16 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 8923-16 Resume Community Development Board — August 16, 2016 CPA2016-04001 — Page 7 ORDINANCE NO. 8923-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY UPDATING INTRODUCTION AND THE FUTURE LAND USE NEEDS SUMMARY SECTIONS OF THE FUTURE LAND USE ELEMENT; UPDATING REFERENCES TO THE COUNTYWIDE PLAN FOR PINELLAS COUNTY, AND COUNTYWIDE PLAN MAP CATEGORIES THROUGHOUT THE ELEMENT; ADDING POLICIES CLARIFYING LIMITATIONS ON RESIDENTIAL DENSITY WITHIN THE COASTAL STORM AREA, INCLUDING WITHIN THE US 19 FUTURE LAND USE CATEGORIES; ESTABLISHING CRITERIA TO EVALUATE FUTURE LAND USE MAP AMENDMENTS WITHIN THE COASTAL STORM AREA; ADDING POLICIES CLARIFYING THE CITY'S DENSITY AND INTENSITY STANDARDS ASSOCIATED WITH ITS LAND USE CATEGORIES; REPEALING THE EXISTING COMPREHENSIVE LAND USE PLAN TABLE AND REPLACING IT WITH NEW CITY LAND USE CATEGORY AND FUTURE LAND USE CATEGORY TABLES A-1 AND A-2; ESTABLISHING NEW FUTURE LAND USE CATEGORIES FOR THE US 19 REGIONAL CENTER, US 19 NEIGHBORHOOD CENTER AND US 19 CORRIDOR, AND CREATING A NEW TARGET EMPLOYMENT CENTER OVERLAY; REVISING THE CITYWIDE DESIGN STRUCTURE ADDING REGIONAL ACTIVITY CENTERS AND NEIGHBORHOOD ACTIVITY CENTERS; ADDING A NEW POLICY REGARDING THE PRESERVATION OF WATER VIEWS AND RESIDENTIAL CHARACTER OF NORTH CLEARWATER BEACH; AMENDING EXISTING POLICIES AND ADDING SOME NEW POLICIES SUPPORTING THE REDEVELOPMENT OF THE US HIGHWAY 19 CORRIDOR CONSISTENT WITH THE US 19 CORRIDOR REDEVELOPMENT PLAN (2012); ADDING A NEW POLICY REGARDING ANNEXATIONS WITHIN THE US 19 CORRIDOR REDEVELOPMENT AREA; UPDATING MAPS A-13 AND A-14 SHOWING ADDITIONAL ACTIVITY CENTERS AND EXPANDING THE BOUNDARIES OF EXISTING ACTIVITY CENTERS TO REFLECT THE US 19 CORRIDOR REDEVELOPMENT AREA; ADDING A NEW MAP A-16 SHOWING MAXIMUM ALLOWABLE RESIDENTIAL DENSITY WITHIN THE COASTAL STORM AREA ALONG THE US 19 CORRIDOR; ADDING A NEW MAP A-17 SHOWING THE BOUNDARIES OF THE US 19 CORRIDOR REDEVELOPMENT AREA; UPDATING VARIOUS TERMS AND REFERENCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 8923-16 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, to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the US 19 Corridor Redevelopment Plan ("US 19 Plan"), approved by Resolution No. 12-18, established the City's vision for the US 19 Corridor, defining three types of revitalization areas: Regional Centers, Neighborhood Centers and In - Between Areas, and outlined design standards to be developed by the City; and WHEREAS, the revitalization and redevelopment strategies for the US 19 Corridor include planning for land use intensification, applying new zoning regulations, adopting new design standards and encouraging employment -intensive and transit - intensive uses; and WHEREAS, the US 19 Plan is an important part of ongoing efforts to make Clearwater a more sustainable, livable and economically competitive community, building upon previous City plans including Clearwater Greenprint and the Economic Development Strategic Plan, both completed in 2011; and WHEREAS, the new Countywide Future Land Use Plan (Countywide Plan) for Pinellas County, adopted by the Countywide Planning Authority on August 7, 2015, reduces thirty-six Countywide Plan Map categories down to nine, and this will help preserve and enhance the high quality of life in Pinellas County by concentrating growth in Activity Centers and Multimodal Corridors; and WHEREAS, the US 19 Plan serves as a redevelopment plan and the Pinellas Planning Council recognizes the US 19 Plan as meeting the requirements for implementing regulations for Activity Centers and Multimodal Corridors pursuant to Section 6.1.4.3 of The Countywide Rules; and WHEREAS, in order to allow for redevelopment along the corridor at increased densities and intensities as envisioned within the US 19 Plan and allowed for in the Countywide Rules, new future land use categories must be established for the US Highway 19 and its cross streets, generally consistent with the US 19 Plan; and WHEREAS, amendments to the Future Land Use Element are necessary to provide consistency between the City's future land use categories and the Countywide Plan Categories; 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 Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of 2 Ordinance No. 8923-16 Economic Opportunity 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 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. That the Introduction and Future Land Use Needs Summary sections of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: Introduction The purpose and intent of the Future Land Use Element is to provide a framework for land use and zoning decisions. It establishes the allowable use, intensity and density of land and provides for consistency between land use categories and zoning atlas districts. Additionally, this element provides for a citywide design structure consisting of a hierarchy of places and the linkages between them to guide future development. Since Clearwater is effectively built -out, the element provides for sustainable redevelopment and infill development, as well as neighborhood preservation. Goals, objectives and policies are designed to preserve and enhance community character and quality of life, while ensuring the continued economic vitality of the community. The City of Clearwater's planning horizon for the Comprehensive Plan is 2018. Future Land Use Needs Summary The following summarizes the Future Land Use Element: 9 Clearwater's redevelopment plans will continue the evolution of a multi -faceted, multi - model modal City with tourism being a major industry impacting the City's economic base. Section 2. That Objective A.1.2 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.1.2.1 through A.1.2.3 be added to read as follows, with subsequent Policies renumbered: 3 Ordinance No. 8923-16 A.1.2 Objective — The City shall restrict permanent population densities in the coastal storm areas in order to help facilitate a more disaster -resistant community. Population densotme�s�fn trl'it�^-�Geastal storrr''"�r^aaFeeasy..u,rr.^-,-'r eStFi&c^cc tothe maximum d�s+it • allowed by the Go'untywide-'Futu re Land- Use Designate of the property, -except for speei �in areas identified Bea t7uidefine , i�riGh GarJC-t ttteS F."fied an Beach /11e nee•:ewn s a44 govern. All densities On the eoastal storm area and shall be consistent with the Pinellas County Comprehensive Emer-genGy Management Plan and the ....... .........�� Comprehensive w.�v �... v.yv..vy ■�.weru Regional HUFriGane Evaruatien Study. A.1.2.1 Population densities in the coastal storm areas are restricted to the maximum density allowed by the City's Future Land Use Cate -gory or as allowed in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines. A. 1.2.2_ Residential densitv on those portions of property located within the coastal storm area that are designated US 19 Regional Center, US 19 Neighborhood Center or US 19 Corridor future land use categories shall be limited to the density in place prior to implementation of the US 19 future land use categories, as shown on Map A-16. A.1.2.3 The City shall deny an amendment to its Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity unless upon a balancing of the following criteria as are determined applicable and significant to the subject amendment consistent with Section 4.2.7 of The Countywide Rules. a. Access to Emergency Shelter Space and Evacuation Routes. The uses associated with the requested amendment will have access to adequate emergency shelter space as well as evacuation routes with adequate capacities and evacuation clearance times. b. Utilization of Existing and Planned Infrastructure. The requested amendment will result in the utilization of existing infrastructure, as opposed to requiring the expenditure of public funds for the construction of new, unplanned infrastructure with the potential to be damaged by coastal storms. c. Utilization of Existing Disturbed Areas. The requested amendment will result in the utilization of existing disturbed areas as opposed to natural areas that buffer existing development from coastal storms. d. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The requested amendment will result in the maintenance of scenic qualities, and the improvement of public access, to the Gulf of Mexico, inland waterways (such as Stevenson Creek), and Tampa Bay. e. Water Dependent Use. The requested amendment is for uses which are water dependent. f. Part of Community Redevelopment Plan. The requested amendment is included in a Community Redevelopment Plan, as defined by Ordinance No. 8923-16 Florida Statutes for a downtown or other designated development area. g. Overall Reduction of Density or Intensity. The requested amendment would result in an increase in density or intensity on a single parcel in concert with corollary amendments which result in the overall reduction of development density or intensity in the surrounding coastal storm area. h. Clustering of Uses. The requested amendment within the coastal storm area provides for the clustering of uses on a portion of the site outside the coastal storm area. i. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the local government as an integral part of its comprehensive planning process, consistent with the local government comprehensive plan. Section 3. That Objective A.2.2 and Policy A.2.2.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.2.2.2 through A.2.2.6 be added to read as follows, with subsequent Policies renumbered: A.2.2 Objective — Future Land Use in the City of Clearwater shall be guided by the City's Future Land Use Ran Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countvwide Plan) including the Countywide Plan Map, and shall be implemented through the City's Community Development Code. Map cat further defined in PeIiGy #A.2.2.1 below. A.2.2.1 Land Uses on the City's Future Land Use GempFehensive Land Use Rae Map shall generally be interpreted as indicated in the following Ttables A-1 and A-2. The -intensity-standaFds listed it theta„Te (FAR flG^F aFea fie. ISR impervious suFfaee Fatio) are the maximum allowed for eaGh plan redevelopment plans approved by the Gity GeunGil. , Development may have rneFe stringent *Rtensity standaFds than these , then lusted in the tablebut will n t exGee l them allpfe[able "••'*"ed A.2.2.2 The density and intensity standards listed in Table A-1 are the maximum allowed by the City for each future land use category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Council. The standards referenced include: units per acre (UPA), floor area ratio (FAR), and impervious surface ratio (ISR) A.2.2.3 Properties designated as Activity Center (AC) on the Countywide Plan Map may be designated by the City with future land use categories that have more restrictive density and/or intensity standards. Ordinance No. 8923-16 A.2.2.4 Individual zoninq districts, as established by the Citv's Communi Development Code, may have more restrictive density or intensity standards than those listed in Table A-1 but will not exceed the maximum allowable density or intensity of the underlying future land use category, unless otherwise permitted by approved special area plans or redevelopment plans. A.2.2.5 Residential equivalent uses shall not exceed 3.0 beds per permitted dwelling unit based on the underlying residential density. A.2.2.6 Hospital uses within the Institutional classification shall be guided by the FAR bonus provisions for hospital uses in the Institutional classification and shall be subject to the following criteria: a. Hospital uses must be based on and subject to an approved final master plan or site plan; and b. The master plan or site plan must include any and all adjacent contiguous, or touching_ property, structures, facilities, and uses which are: 1. Attributable to common ownership; or 2. Part of a common plan of operation, administration, promotion advertising, service, or business; or 3. Voluntarily sharing facilities or infrastructure; or 4. Used in any way in conjunction with the hospital use; and c. Where the municipal boundary of any adjoinin Iq ocal government is contiguous to or within 150 feet of the hospital use, the provisions set forth hereunder shall apply. The City shall approve the final master or site plan or any amendment thereto, subject to the following specific provisions: 1. The hospital use shall not exceed a FAR of 0.65 for the uses located within 150 feet of a municipal boundary of adjoining local government(s); 2. Adjoining local government(s) shall be given an opportunity to review and comment on the master plan or site plan or any amendment thereto, as it applies to the property within 150 feet of the municipal boundary. This shall include the following_ a. Transmittal of two copies of the master plan or site plan or any amendment thereto, to the adjoining local governments not less than 30 days prior to scheduled action by the City: b. The opportunity and specific process by which to provide comments and recommendations by the adjoining local government(s) so as to be timely and meaningfully considered by the City. 3. Any proposed use within 150 feet of adjoining local government(s) shall be so designed and located as to consider specifically each of the following: a. The height of any building or structure in relationship to the distance form adioining property and buildings in the adjoining jurisdictions) to ensure minimum negative visual impact Ordinance No. 8923-16 based on the standards for setback, separation distance and buffering in the adjoining local government(s). b. The separation distance and landscape buffer provisions for any vehicular use, storage, or service area or structure consistent with the character and use of the adjoining property based on the standards for such buffer area in the adjoining local government(s). c. The landscape treatment, including the type, size and intensity of vegetative buffer areas consistent with the character and use of the adjoining property based on the standards for such landscape treatment in the adioining local government(s). d. That no use shall constitute a nuisance with respect to noise odor, air quality, fire or explosive hazard, vibration or electromagnetic interference based on the performance standards in the adjoining local government(s). Section 4. That the Comprehensive Land Use Plan table included in Policy A.2.2.1 be repealed and replaced with Tables A-1 and A-2 as follows: Ordinance No. 8923-16 Nil - ♦ ♦ I I I 1 • _ 1 1 IT, FiWM 01 TO L14 h NVAUM C1 h 4 !C1 L14 b IVA • _,M P1 EVAI ♦ 1 L14 N-0 A TI 11 ■ - . _ _\ - um RMI - ■ - . ZMWAMMI WV M. 1 I \ 1 1 . 1 / _ S - 1 1 - 1 I ■ - - 1 I - \ - � - 1 1 - ■ - - 1 I _ ■ IN I a . • row-�•i•.vn�i�Qa �iur������� ��..-.���.���R�os ML-NNFAMOUSEAEmm 1 1 / • _7MME FX-TWA 1 _� Ordinance No. 8923-16 iZe, lid ■- -- !ly- - - - - �. NO � . 11 •• Il •. ■. . - - - • - __ o - - - iT.7i' ► . - - -MLEM- RM Ordinance No. 8923-16 .1 Willa]!-] iT I FArMA 0 "!!!L -a • _ 1 1 . • • _ • . ■ 1 1 ■ ■ - ■ - ■ r I ■ ■ "MATS 1 ■ M • A • . • ■ - 1 11 - 1 ■ ■ 1 ■ � ■ � 11 ■ r . ■ - qm�j - - ■F.1 MM MWT .. . NO 1 - • - 10 Ordinance No. 8923-16 .. . • .. \ . ...... • \ ... - .... i • . • 11 Ordinance No. 8923-16 1� \ . M. _ _ _ \ . _ 0. • _■ _LT._ 1 • _ 2 27 • . .. r . • _ •• 1• _ • . • _ • - - - - R _ _ ■ _ 1 _ .. . • .. \ . ...... • \ ... - .... i • . • 11 Ordinance No. 8923-16 The general! teFm for the zoning dlrtFiGt "T-FaRSit QFieRted DevelopmeRt" will be us.ed- UlAfil th8- stat*GR IGGatffieRs- are tp-;;AF-;et station area plans are- developed, at whiGh time the zoning dortF*Gt Will be Sperft tG the geogFaph!G IGGation of the tFansit 6tatigR aFea. **.1. Hospital user. must be barsed op and subjeGt to an approved fiRal FnasteF plaR OF 6548 plaRi and 12 Ordinance No. 8923-16 Table #: A-1 City of Clearwater Land PrimaryUses per Plan Category Maximum Density/intensity per Plan Category Density FAR ISR special Use Category Residential Estate (RE) Very Low Density Residential 1.0 DU/AC 0.30 0.60 Residential Suburban (RS) Low Density Residential 2.5 MAC 0.30 0.60 ;;�G&g gh i4; Low Density Residential 5.0 DU/AC 0.40 0.65 Residential Urban (RU) Urban Low Density Residential; Residential Equivalent 7.5 MAC 0.40 0.65 Low to Moderate Density Residential; Residential 10 MAC 0.50 0.75 Equivalent Moderateto High Density Residential; Residential Equivalent 15 DU/AC 0.50 0.75 High Density Residential; Residential Equivalent 30 DU/AC 0.60 0.85 Residential/Office Limited (R/OL) Low Density Residential; Residential Equivalent, Office 7.5 DU/AC 0.40 0.75 Residential/Office General (R/OG) Medium Density Residential; Residential Equivalent; 15 DU/AC 0.50 0.75 Office Moderate Density Residential; Residential • c Equivalent; Office; Retail Sale & Service; Overnight 18 MAC; 0.40 0.85 Accommodations 30OWAC Commercial Neighborhood (CN) Office; Retail Sales and Service 10 DU/AC 0.40 0.80 Commercial Limited (CL) Office; Retail Sales & Service; Overnight 18 DU/AC; 0.45 0.85 Accommodations 30 MAC Office, Retail Sales & Service; Overnight 24 DU/AC; 0.55 0.90 If located in TEC, FAR 1.1 maximum for Office and Research & Development Accommodations 40 MAC uses Clearwater Beach: As set forth in Beach by Design special area plan Overnight Accommodations on property that is*: OV/AC FAR ISR Less than 1 Acre: 70 2.0 0.95 High Density Residential; Overnight 30 DU/AC; 1.2 0.95 Accommodations; Commercial, Residential Equivalent q 50OWAC Between 1 and 3 Acres: 90 3.0 0.95 Greater than 3 Acres: 110 4.0 0.95 * Subject to Community Development Code provisions consistent with Section 5.2.1.3, Countywide Plan Rules Moderateto High Density Residential; Office; Retail Central Business District (CBD) Sales & Service; Public/Semi-Public uses as indicated As set forth in the approved Cleanwoterpowntown Redevelopment Plan in approved Redevelopment Plan Office; High Density Residential; Residential Equivalent; Retail Sales & Service; Overnight N/A 2.5 N/A Residential and overnight accommodation development potential Accommodations; Research/Development; Light governed by FAR Manufacturing VVIAL = uweiung Units per Acre OV/AC = Overnight Accommodation Units per Acre FAR = Floor Area Ratio ISR = Impervious Surface Ratio TEC = Target Employment Center 13 Ordinance No. 8923-16 City of Clearwater Land Primary Useser Plan Cate pgory Maximum Density/intensity per Plan Category Density FAR ISR Special Use Category Office; High Density Residential; Residential US 19 Neighborhood Center Equivalent; Retail Sales & Service; Overnight N/A 15 N/A Residential and overnight accommodation development potential (US 19 -NC) Accommodations; Research/Development; Light . governed by FAR Manufacturing Office; High Density Residential; Residential US 19 Corridor (US 19-C) Equivalent; Institutional; Warehouse, Light N/A 1.5 N/A Residential and overnight accommodation development potential Manufacturing; Research/Development governed by FAR 75 OV/AC; FAR 1.5; ISR 0.85 (Subject to Community Development Code Industrial Limited OL) Light/Medium Manufacturing; Overnight 50 OV/AC 0.65 0.85 provisions consistent with Section 5.2.1.3, Countywide Plan Rules If located in TEC, FAR 1.3 maximum for Manufacturing, Office, and Research Accommodations; Research/Development; Wholesale & Development uses Industrial Ger^eral (IG) All Manufacturing; Wholesale; Warehouse; Research/ N/A 0.75 0.95 If located in TEC, FAR 1.5 maximum for Manufacturing, Office, and Research Development; Vehicular Salvage & Development uses �-pNlent ente TEC) Office; Manufacturing; Research/Development 100% intensity bonus for Manufacturing, Office, and Research & Development uses; otherwise, density, FAR, and ISR based upon the underlying future land use category Recreation/Open Space (R/OS) Public/Private Open Space; Recreation Facilities N/A 0.25 0.60 Beach/Water Access Natural/Undeveloped Water Features; Beaches and N/A 0.10 0.20 Dunes; Environmental Parks Institutional (1) Public/Private Schools; Churches; Public Offices; 12.5 DU/AC 0.65 0,85 Hospital Bonus Provisions: FAR 1.0 subject to Bonus Provisions (see Policy Hospitals; Residential Equivalent A.2.2.5) 1113= I T.ransportation/lltility 41'6) Airports, Marina; Utility Facilities N/A 0.70 0.90 Transportation/U.t by(T%VJ.) Q. erlay Utility Transmission line located in an easement Density, FAR, and ISR based upon the underlying future land use; applicable to properties <10 acres Water Drainage Feature Water Body; Drainage Feature; Submerged Land 0 DU/AC 1 0 N/A I Applicable to water bodies >3 acres Water Drainage Feature Overlay Drainage Features Density, FAR, and ISR based upon the underlying future land use category Transit Oriented Development (TOD) Transit Station Area Type I: High Density Residential; Office; Retail Sales & Urban Downtown Center Service; Institutional; Public/Semi-Public; Overnight 200 7.0 N/A Accommodations Transit Station Area Type II: High Density Residential; Office; Retail Sales & Suburban Center Service; Institutional; Public/Semi-Public; Overnight 150 5.0 N/A Accommodations I Mixed-use projects can be all inclusive FAR or proportionate share of density and FAR Transit Station Area Type III: High Density Residential; Office; Retail Sales & Neighborhood Center Service; Institutional; Public/Semi-Public; Overnight 90 3.0 N/A Accommodations Transit Station Area Type IV: High Density Residential; Office; Retail Sales & Complete Street Corridor Service; Institutional; Public/Semi-Public; Overnight 60 2.0 N/A Accommodations DU/AC = Dwelling Units per Acre OV/AC = OvernightAccommodation Units perAcre FAR = Floor Area Ratio .ISR = Impervious Surface Ratio TEC = Target Employment Center 14 Ordinance No. 8923-16 Table #: A-2 City of Clearwater Future Land Use Category Consistent Zoning District ac p p p a Q o J � 3 Consistent Countywide Plan Category Residential Estate (RE) Residential Very Low (RVI) Residential Suburban (RS) Residential Low Medium (RLM) Residential Low (RL) Residential Urban (RU) Residential Low Medium (RLM) • 0 WAR Residential/Office Limited (R/OL) Residential Medium (RM) r NEI 11111� Office (0) Residential/Office General (R/OG) Commercial Neighborhood (CN) Commercial Limited (CL) Resort (R) Central Business District (CBD) Longo ..� US 19 Neighborhood Center (US 19 -NC) -NC "�[�) • 1 US 19 Corridor (US 19-C) -C Multi Modal Corridor (MMC) / Primary Industrial Limiit�ed (IL) 1904-11094 "d (1► Z • �) TargeiErnPloymeratC'enter(TEC) Tar getErnploymentC�ente Recreation/Open Space (R/OS) Recreation/Open Space (R/OS) Institutional (1) Public/Semi-Public (P/SP) ITransporta�ion/lJtility({TfU) Transportation /Utility (tT%U) Overlay Consistent with all zoning districts Water/Drainage Feature Consistent with all zoning districts Shown as"Water" Water/Drainage Feature Overlay Consistent with all zoning districts Shown as"Water" Transit Oriented Development (TOD) Area Type I: Urban Center Downtown Area T e II: Suburban Center Area Type III: Neighborhood Center Area Type IV: Complete Street Corridor Zoning districts specific to the geographic location of the transit station area will be established as such time that station locations are determined and transit station area plans are developed. y 15 Ordinance No. 8923-16 Section 5. That Policy A.5.1.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.5.1.1 Identify Activity Centers: high intensity, high-density multi -use areas designated as appropriate for intensive growth and an integrated pattern of development T-0u#-ieelT, -pFavide-sewiGe to a sig;,m aRt R rnb r of Git„ Activity centers are pmxi ate and aGGessible to composed of multiple destination points, landmarks and ReighbGFheed GeRteFs and character features. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. There are two types of Activity_ Centers shown on Map A-14: a. Regional Activity Centers: Those that routinely provide service to a significant number of citizens of more than one county- proximate and accessible to major arterial roadways b. Neighborhood Activity Centers: Those that serve multiple residential communities by providing a mix of neighborhood -serving shoppinq centers as well as a mix of employment and residential opportunities; may be proximate and accessible to major or minor arterial roadways, collector or local major streets. Section 6. That a new Policy A.5.3.10 of the Clearwater Comprehensive Plan Future Land Use Element be added to read as follows: A.5.3.10 Preserve the scenic water views and residential character of North Clearwater Beach. Section 7. That Policies A.5.4.5 and A.5.4.9 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road. Includin Cross Streets and Gulf -to -Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Plae Map and Zoning Atlas may eensidoTred-fie should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit -supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements should be encouraged. 16 Ordinance No. 8923-16 A.5.4.9 Support the adoption and utilization of Future Land Use P4an categories and subcategories made available by the Countywide Plan for Pinellas Coun rules that are consistent with and promote infill and desired redevelopment along corridors. Section 8. That Policy A.5.5.3 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.5.5.4 and A.5.5.6 be added, with current Policy A.5.5.4 renumbered accordingly, to read as follows: A.5.5.3 Explore the development of 6peGial aFe redevelopment plans and/or design guidelines for Cfeap vater Mail HeFGUIes IndustFial AFea, Merten Plant Hospital Area and etheFs activity centers and redevelopment corridors identified on Map A-14, as appropriate. A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. A.5.5.54 Update Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the Clearwater Downtown Redevelopment Plan, as needed. A.5.5.6 Implement design standards for US Highwav 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Section 9. That Policies A.6.1.3, A.6.1.7 and A.6.1.8 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.6.1.11 and A.6.1.12 be added, to read as follows, with subsequent Policy renumbered: A.6.1.3 The area governed by Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines shall be recognized on the Countywide Future c^^d Use Plan mMap as a Community Redevelopment District, which is indicated on the _map as Activitv Center with Special Center subcategory. This area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east, excluding Island Estates, and the Sand Key Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway with a Future Land Use designation of Recreation/Open Space shall be excluded from the Community Redevelopment District. 17 Ordinance No. 8923-16 A.6.1.7 Downtown Clearwater is designated as a Regional Activity Center as defined in Chapter 380, Florida Statutes and shown on Map A-13 suitable for increased threshold intensity for development consistent with the boundaries of the Central Business District as identified by the Tampa Bay Regional Planning Council's Strategic Regional Policy Plan and as indicated in the Clearwater Downtown Redevelopment Plan approved in 2004. A.6.1.8 The City shall continue to support and implement approved redevelopment plans, such as the Clearwater Downtown Redevelopment Plan adopted in f2004),and Beach by Design adopted OR X2001), and the US 19 Corridor Redevelopment Plan (2012). A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity_ Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit -Oriented Land Use Vision Map within the Countywide Plan Strategies. A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment -intensive, transit- and pedestrian -supportive development establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. In order to implement the These standards should: a. Concentrate office and other employment -intensive uses in places with easy access to US 19: b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods: c. Promote high-intensitv uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizinq opportunities for the localization of work shopping and leisure trips; e. Support shared parking and "park once" trips, f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel: and g. Contribute to street -level pedestrian activity and the informal surveillance of public spaces. A.6.1.1344- The City of Clearwater will continue to promote infill development and the removal of blight through the Unsafe Structures Program. 18 Ordinance No. 8923-16 Section 10. That Policies A.6.8.2 and A.6.8.7 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. A.6.8.7 Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including planned PSTA, Pinellas County MPO and TBARTA lines and potential station locations. Section 11. That a new Policy 7.2.5 of the Clearwater Comprehensive Plan Future Land Use Element be added to read as follows, with subsequent Policy renumbered: A.7.2.5 Unincorporated property within the Clearwater Plannina Area located within the US 19 Corridor redevelopment area shall be designated with the appropriate future land use category upon annexation consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. Section 12. That Maps A-13 and A-14 of the Clearwater Comprehensive Plan be replaced with the updated maps below, that the Attachment to Map A-14 be updated to read as follows, and that new Maps A-16 and A-17 be added: 19 Ordinance No. 8923-16 ATTACHMENT TO MAP A-14 CITYWIDE DESIGN STRUCTURE HIERARCHY OF PLACES MAJOR ACTIVITY CENTERS- high intensity, high-density multi -use areas designated as appropriate for intensive growth and an integrated pattern of development Feely pfn�::'Jo c�er�iine +o n c+�nifinan+ n�-mh�ef ni+ ? rv+�ro +h ,v, one �n+� Activity centers are pFexdmateandaseess+ble teiRteFs aFtetial Feadways,^rare composed of multiple destination points, landmarks ._' . Grhoed ..on and character features. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Regional Tourist Shopping (as per State) Neighborhood Activities Centers Medical Industrial Downtown Curlew Road & US Clearwater Clearwater Mall/ Morton Plant Hercules Highway 19 Beach Parkplace Area Hospital Industrial Campus Park Sunset Point Road/ Countryside Mall/ NE Coachman/ Westfield Area SR 590&US Highway 19 Belleair Road & US Highway 19 22 Ordinance No. 8923-16 Section 13. This ordinance shall be published in accordance with the requirements of law. 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk 25 Ordinance No. 8923-16 Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke(&myclearwater.com PROFESSIONAL EXPERIENCE e Long Range Planning Manager December 2011 to present e Planner III, Long Range Division October 2008 to December 2011 e Planner II, Long Range Division September 2008 to October 2008 City of Clearwater, FL 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. Coordinate and manage various projects. Serve as the city's representative on countywide and regional planning agency committees. 0 Senior Planner February 2007 to September 2008 City of St. Pete Beach, FL Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Responsible for the preparation of special area plans. Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection, Tallahassee, FL 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. 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 (2005 to Present) New York Metro Chapter (2003 to 2005) City Council Cover Memo for US 19 / CW Rules Comp Plan Amendments (CPA2016- 04001) Meeting Date: December 12, 2016 Work Session Subject/Recommendation: Adopt Ordinance No. 8923-16 on second reading, approving amendments to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria for plan amendments in the Coastal Storm Area, and update various terms and references. (CPA2016-04001) Summary: On September 15, 2016, the Clearwater City Council approved on first reading amendments to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and the establishment of the new US 19 future land use categories. As required by Florida Statutes, the proposed text amendments were submitted to the Florida Department of Economic Opportunity (DEO) and other required State agencies and Pinellas County for review and comment. The Planning and Development Department received a response from DEO, as well as comments from the Florida Department of Transportation (FDOT). One proposed policy relating to amendments increasing residential density in the coastal high hazard area must be revised to include a reference to the applicable state statutes requiring adequate mitigation. Staff is proposing an amendment to Ordinance 8923-16 to address this comment, as well as others in the agencies' technical assistance comments which are provided for Council's review. The Florida Department of Environmental Protection and the Tampa Bay Regional Planning Council both identified no adverse issues on regional resources or facilities, and the Southwest Florida Water Management District had no comments for the proposed comprehensive plan amendments. Staff has prepared a response to the state agencies' comments, as well as a motion to amend Ordinance No. 8923-16 on second reading that incorporates the required revisions to the amendments. Attachments to Agenda Item: 1. Ordinance 8923-16 revised for CC2 2. Motion to Amend Ord. No. 8923-16 3. State Agency Letters — DEO, FDOT (the only two with comments re: the CPA) 4. Response to Comments City of Clearwater - File #: 8923-16 Page 1 of 1 Home Legislation Calendar City Council Departments People Archived Meetings ID I7 Q Share. iyl_RSS Alerts Details Reports File #: 8923-16 Version: 1 Name: Ordinance No. 8923-16 on second reading Type: Ordinance Status: Agenda Ready File created: 11/30/2016 In control: Legal Department On agenda: 12/12/2016 Final action: Adopt Ordinance 8923-16 on second reading, approving amendments to the Clearwater Comprehensive Plan to Title: support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria for plan amendments in the Coastal Storm Area, and update various terms and references. (CPA2016-04001) 1. 8923-16 ORD 8923-16 US 19 CPA 110616 REVISED FOR CC2.pdf, 2. Motion to Amend Ordinance No 8923-16 On Attachments: Second Reading.pdf, 3. 8923-16 Clearwater 16-3ESR - DEO.pdf, 4. 8923-16 Clearwater 16-3ESR - FDOT.pdf, 5. 8923- 16 Clearwater 16-3ESR Resrmnse to Agency Comments.pdf History (0) Text SUBJECT/RECOMMENDATION: Title Adopt Ordinance 8923-16 on second reading, approving amendments to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and new US 19 future land use categories, establish criteria,for plan amendments in the Coastal Storm Area, and update various terms and references. (CPA2016-04001) Body SUMMARY: On September 15, 2016, the Clearwater City Council approved on first reading amendments to the Clearwater Comprehensive Plan to support the implementation of the US 19 Corridor Redevelopment Plan and the establishment of the new US 19 future land use categories. As required by Florida Statutes, the proposed text amendments were submitted to the Florida Department of Economic Opportunity (DEO) and other required State agencies and Pinellas County for review and comment. The Planning and Development Department received a response from DEO, as well as comments from the Florida Department of Transportation (FDOT). One proposed policy relating to amendments increasing residential density in the coastal high hazard area must be revised to include a reference to the applicable state statutes requiring adequate mitigation. Staff is proposing an amendment to Ordinance 8923-16 to address this comment, as well as others in the agencies' technical assistance comments which are provided for Council's review. The Florida Department of Environmental Protection and the Tampa Bay Regional Planning Council both identified no adverse issues on regional resources or facilities, and the Southwest Florida Water Management District had no comments for the proposed comprehensive plan amendments. Staff has prepared a response to the state agencies' comments, as well as a motion to amend Ordinance 8923-16 on second reading that incorporates the required revisions to the amendments. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: https:Hclearwater.legistar.comlLegislationDetail.aspx?ID=2902430&GUID=885E3402-D... 12/12/2016 ORDINANCE NO. 8923-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY UPDATING INTRODUCTION AND THE FUTURE LAND USE NEEDS SUMMARY SECTIONS OF THE FUTURE LAND USE ELEMENT; UPDATING REFERENCES TO THE COUNTYWIDE PLAN FOR PINELLAS COUNTY, AND COUNTYWIDE PLAN MAP CATEGORIES THROUGHOUT THE ELEMENT; ADDING POLICIES CLARIFYING LIMITATIONS ON RESIDENTIAL DENSITY WITHIN THE COASTAL STORM AREA, INCLUDING WITHIN THE US 19 FUTURE LAND USE CATEGORIES; ESTABLISHING CRITERIA TO EVALUATE FUTURE LAND USE MAP AMENDMENTS WITHIN THE COASTAL STORM AREA; ADDING POLICIES CLARIFYING THE CITY'S DENSITY AND INTENSITY STANDARDS ASSOCIATED WITH ITS LAND USE CATEGORIES; REPEALING THE EXISTING COMPREHENSIVE LAND USE PLAN TABLE AND REPLACING IT WITH NEW CITY LAND USE CATEGORY AND FUTURE LAND USE CATEGORY TABLES A-1 AND A-2; ESTABLISHING NEW FUTURE LAND USE CATEGORIES FOR THE US 19 REGIONAL CENTER, US 19 NEIGHBORHOOD CENTER AND US 19 CORRIDOR, AND CREATING A NEW TARGET EMPLOYMENT CENTER OVERLAY; REVISING THE CITYWIDE DESIGN STRUCTURE ADDING REGIONAL ACTIVITY CENTERS AND NEIGHBORHOOD ACTIVITY CENTERS; ADDING A NEW POLICY REGARDING THE PRESERVATION OF WATER VIEWS AND RESIDENTIAL CHARACTER OF NORTH CLEARWATER BEACH; AMENDING EXISTING POLICIES AND ADDING SOME NEW POLICIES SUPPORTING THE REDEVELOPMENT OF THE US HIGHWAY 19 CORRIDOR CONSISTENT WITH THE US 19 CORRIDOR REDEVELOPMENT PLAN (2012); ADDING A NEW POLICY REGARDING ANNEXATIONS WITHIN THE US 19 CORRIDOR REDEVELOPMENT AREA; UPDATING MAPS A-13 AND A-14 SHOWING ADDITIONAL ACTIVITY CENTERS AND EXPANDING THE BOUNDARIES OF EXISTING ACTIVITY CENTERS TO REFLECT THE US 19 CORRIDOR REDEVELOPMENT AREA; ADDING A NEW MAP A-16 SHOWING MAXIMUM ALLOWABLE RESIDENTIAL DENSITY WITHIN THE COASTAL STORM AREA ALONG THE US 19 CORRIDOR; ADDING A NEW MAP A-17 SHOWING THE BOUNDARIES OF THE US 19 CORRIDOR REDEVELOPMENT AREA; UPDATING VARIOUS TERMS AND REFERENCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 8923-16 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, to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the US 19 Corridor Redevelopment Plan ("US 19 Plan"),. approved by Resolution No. 12-18, established the City's vision for the US 19 Corridor, defining three types of revitalization areas: Regional Centers, Neighborhood Centers and In - Between Areas, and outlined design standards to be developed by the City; and WHEREAS, the revitalization and redevelopment strategies for the US 19 Corridor include planning for land use intensification, applying new zoning regulations, adopting new design standards and encouraging employment -intensive and transit - intensive uses; and WHEREAS, the US 19 Plan is an important part of ongoing efforts to make Clearwater a more sustainable, livable and economically competitive community, building upon previous City plans including Clearwater Greenprint and the Economic Development Strategic Plan, both completed in 2011; and _ WHEREAS, the new Countywide Future Land Use Plan (Countywide Plan) for Pinellas County, adopted by the Countywide Planning Authority on August 7, 2015, reduces thirty-six Countywide Plan Map categories down to sixteen, and this will help preserve and enhance the high quality of life in Pinellas County by concentrating growth in Activity Centers and Multimodal Corridors; and WHEREAS, the US 19 Plan serves as a redevelopment plan and the Pinellas Planning Council recognizes the US 19 Plan as meeting the requirements for implementing regulations for Activity Centers and Multimodal Corridors pursuant to Section 6.1.4.3 of The Countywide Rules; and WHEREAS, in order to allow for redevelopment along the corridor at increased densities and intensities as envisioned within the US 19 Plan and allowed for in the Countywide Rules, new future land use categories must be established for the US Highway 19 and its cross streets, generally consistent with the US 19 Plan; and WHEREAS, amendments to the Future Land Use Element are necessary to provide consistency between the City's future land use categories and the Countywide Plan Categories; 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 Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of 2 Ordinance No. 8923-16 Economic Opportunity 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 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. That the Introduction and Future Land Use Needs Summary sections of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: Introduction The purpose and intent of the Future Land Use Element is to provide a framework for land use and zoning decisions. It establishes the allowable use, intensity and density of land and provides for consistency between land use ^'�;catiews categories and zoning atlas -districts. Additionally, this element provides for a citywide design structure consisting of a hierarchy of places and the linkages between them to guide future development. Since Clearwater is effectively built -out, the element provides for sustainable redevelopment and infill development, as well as neighborhood preservation. Goals, objectives and policies are designed to preserve and enhance community character and quality of life, while ensuring the continued economic vitality of the community. The City of Clearwater's planning horizon for the Comprehensive Plan is 2018. Future Land Use Needs Summary The following summarizes the Future Land Use Element: Clearwater's redevelopment plans will continue the evolution of a multi -faceted, multi - model -modal City with tourism being a major industry impacting the City's economic base. Section 2. That Objective A.1.2 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.1.2.1 through A.1.2.3 be added to read as follows, with subsequent Policies renumbered: 3 Ordinance No. 8923-16 A.1.2 Objective — The City shall restrict permanent population densities in the coastal storm areas in order to help facilitate a more disaster -resistant community. Depulatien deRSities in the e.easta1 storm area are rec+rie.+ed ;MM ■�w■$��/ the i i/a� - M Cde hanS. i y aiie��lly/$d—+�fe�;�: e Countywide �+ Q' •„�`e^�1 armed Use De ignati ofthe pFoper-ty_-except fGF speGiG'V'TTt�Z Fear QeTI}iiT r iTTBeao I b Dec�ievn; /1 P-FeliminaFy GT��sign fGF Cleafwater- Beaeh and Design guidelines, In whiGh rase densities BeaGh by Design shatt geyeFR. All densities in the Geastal StGFm aFea and shall be eensistent with the Pinellas county Gemnrehensiye Emer-genGy Management Plan and the Regional HUFFIeane Evaeuatien Study. A.1.2.1 Population densities in the coastal storm areas are restricted to the maximum density allowed by the City's Future Land Use Category or as allowed in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines. A.1.2.2 Residential densitv on those portions of property located within the coastal storm area that are designated US 19 Regional Center, US 19 Neighborhood Center or US 19 Corridor future land use categories shall be limited to the density in place prior to implementation of the US 19 future land use categories, as shown on Map A-16. A.1.2.3 The Citv shall denv an amendment to its Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity unless it meets the requirements of Section 163.3178(8)(a)3.,F.S. and upon a balancing of the following criteria, as are determined applicable and significant to the subject amendment, consistent with Section 4.2.7 of The Countywide Rules. a. Access to Emergency Shelter Space and Evacuation Routes. The uses associated with the requested amendment will have access to adequate emergency shelter space as well as evacuation routes with adequate capacities and evacuation clearance times. b. Utilization of Existing and Planned Infrastructure. The requested amendment will result in the utilization of existing infrastructure, as opposed to requiring the expenditure of public funds for the construction of new, unplanned infrastructure with the potential to be damaged by coastal storms. c. Utilization of Existing Disturbed Areas. The requested amendment will result in the utilization of existing disturbed areas as opposed to natural areas that buffer existing development from coastal storms. d. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The requested amendment will result in the maintenance of scenic qualities, and the improvement of public access, to the Gulf of Mexico, inland waterways (such as Stevenson Creek), and Tampa Bay. e. Water Dependent Use. The requested amendment is for uses which are water dependent. f. Part of Community Redevelopment Plan. The requested amendment is included in a Community Redevelopment Plan, as defined by Ordinance No. 8923-16 Florida Statutes for a downtown or other designated development area. g. Overall Reduction of Density or Intensity. The requested amendment would result in an increase in density or intensity on a single parcel, in concert with corollary amendments which result in the overall reduction of development density or intensity in the surrounding coastal storm area. h. Clustering of Uses. The requested amendment within the coastal storm area provides for the clustering of uses on a portion of the site outside the coastal storm area. i. Integral Part of Comprehensive Planning Process. The requested amendment has been initiated by the local government as an integral part of its comprehensive planning process, consistent with the local -government comprehensive plan. Section 3. That Objective A.2.2 and Policy A.2.2.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.2.2.2 through A.2.2.6 be added to read as follows, with subsequent Policies renumbered: A.2.2 Objective — Future Land Use in the City of Clearwater shall be guided by the City's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map, and shall be implemented through the City's Community Development Code. fuFtheF defined in PGliGY #A.2.2.1 below. A.2.2.1 Land Uses on the City's Future Land Use GempFehensive Land Use Plan Map shall generally be interpreted as indicated in the following Ttables A-1 and A-2. The -intenrwtan fisted in the table (CAD — flGOr area Fatie; Consequently, Development i�may have more StFingent intensity standardsthan thesethese lice in the table but will n d the mammmum allowable 77FL�i'7'e��'%EGee'a�i7 .C�m'l7'7 i t nsity of the plan GatpneFunless etrh7e i ,tted by annreyed A.2.2.2 The densitv and intensitv standards listed in Table A-1 are the maximum allowed by the City for each future land use category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Council. The standards referenced include: units per acre (UPA), floor area ratio (FAR), and impervious surface ratio (ISR). A.2.2.3 Properties designated as Activity Center (AC) on the Countywide Plan Map may be designated by the City with future land use categories that have more restrictive density and/or intensity standards. Ordinance No. 8923-16 A.2.2.4 Individual zoning districts. as established by the Citv's Communi Development Code, may have more restrictive density or intensity standards than those listed in Table A-1 but will not exceed the maximum allowable density or intensity of the underlying future land use category, unless otherwise permitted by approved special area plans or redevelopment plans. A.2.2.5 Residential equivalent uses shall not exceed 3.0 beds per permitted dwelling unit based on the underlying residential density. A.2.2.6 Hospital uses within the Institutional classification shall be guided by the FAR bonus provisions for hospital uses in the Institutional classification and shall be subject to the following criteria: a. Hospital uses must be based on and subject to an approved final master plan or site plan; and b. The master plan or site plan must include any and all adjacent, contiguous, or touching property, structures, facilities, and uses, which are: 1. Attributable to common ownership; or 2. Part of a common plan of operation, administration, promotion, advertising, service, or business: or 3. Voluntarily sharing facilities or infrastructure; or 4. Used in any way in conjunction with the hospital use; and c. Where the municipal boundary of any adjoining local government is contiguous to or within 150 feet of the hospital use, the provisions set forth hereunder shall apply. The City shall approve the final master or site plan or any amendment thereto, subject to the following specific provisions: 1. The hospital use shall not exceed a FAR of 0.65 for the uses located within 150 feet of a municipal boundary of adjoining local government(s); 2. Adjoining local government(s) shall be given an opportunity to review and comment on the master plan or site plan, or any amendment thereto, as it applies to the property within 150 feet of the municipal boundary. This shall include the following: a. Transmittal of two copies of the master plan or site plan or any amendment thereto, to the adjoining local government(s) not less than 30 days prior to scheduled action by the City; b. The opportunity and specific process by which to provide comments and recommendations by the adjoining local government(s) so as to be timely and meaningfully considered by the City. 3. Any proposed use within 150 feet of adjoining local government(s) shall be so designed and located as to consider specifically each of the following: a. The height of any building or structure in relationship to the distance fefm from adjoining property and buildings in the adioininq jurisdictions) to ensure minimum negative visual Ordinance No. 8923-16 impact based on the standards for setback, separation distance and buffering in the adjoining local government(s). b. The separation distance and landscape buffer provisions for any vehicular use, storage, or service area or structure, consistent with the character and use of the adjoining property based on the standards for such buffer area in the adjoining local government(s). c. The landscape treatment, including the type, size and intensity of vegetative buffer areas consistent with the character and use of the adjoining property based on the standards for such landscape treatment in the adjoining local government(s). d. That no use shall constitute a nuisance with respect to noise, odor, air quality, fire or explosive hazard, vibration or electromagnetic interference based on the performance standards in the adjoining local government(s). Section 4. That the Comprehensive Land Use Plan table included in Policy A.2.2.1 be repealed and replaced with Tables A-1 and A-2 as follows: Ordinance No. 8923-16 Ordinance No. 8923-16 1 1 1 1 1 ■!!Il L-4 b WAFM 13 ki d!!i I LA h ilkvA -1 =1 TIM -j W11 3 &Tel grymmm M. lm-ymtmmm■ - - ♦ffA�l■mm! - - - - 1 - - - ■ - ■ . ■gill ff ■ - ■ - L 1 1 ■_ �_ _� - - _� ■ - ♦ IRVIN!iij ■ j ■ - - 1 1 ■ ;M-:■ - L _ im - - 1 I - 1 I 1 I - - - _■ - _ piipii • ■ g- _ - _ - - 1 1 - ■ - _ - - 1 I ■ � 1 I- 1 1 1 1 ■ - ♦ - ■- 1 1 1 I - ■ - 1 1 ■ 1 1 - ■ - - 1 1 _ ■ � - ■ - - - ■ - ■ MEMM 1 1 • - Ordinance No. 8923-16 Mi 1 11 _ WA II ■ _ MEAN m ■ - Wax ECT"M ■ • 11 - ■- ■ �- 1211 1 EMPITS! 11 11 FEMME Ml wk - A Ordinance No. 8923-16 10 Ordinance No. 8923-16 II FA TL-I!I I■ _ A III WIN LA Fu dA h d§Flf FA n - - - - - - / ■ / mt, • _� - ■I j - 1 1M 1 - 1 PAMEW."- lfr.r. IIII L-M&WAZIM LIM M 1 - - rlMrmmm7mm1 / 1 / -IS rMrnm=Trj=mm- 1 ■ - 1 1xrMI Willid "NIM. 1 III'r ■ - • .., rr. KIM mi CT."WEI 10 Ordinance No. 8923-16 i El - ., Mill ■ _ .._. tl ., wall:— rlrllhl—�i I - WS, ■ v - - - - -__ - 11 Ordinance No. 8923-16 N N N Z 0 00 m N W Table #: A-1 City of Clearwater Land Maximum Density/intensity per Plan Category Primary Uses per Plan Category Density FAR ISR special Use Category Residential Estate (RE) Very Low Density Residential 1.0 DU/AC 0.30 0.60 Residential Suburban (RS) Low Density Residential 2.5 DWAC 0.30 0.60 3isftl r Low Density Residential 5.0 DU/AC 0.40 0.65 Residential Urban (RU) Urban Low Density Residential; Residential Equivalent 7.5 DU/AC 0.40 0.65 61 Low to Moderate Density Residential; Residential 10 DU/AC 0.50 0.75 Equivalent Moderateto High Density Residential; Residential 15 DU/AC 0.50 0.75 Equivalent High Density Residential; Residential Equivalent 30 DU/AC 0.60 0.85 Residential/Office Limited (R/OL) Low Density Residential; Residential Equivalent; Office 7.5 DU/AC 0.40 0.75 Residential/Office General (R/OG) Medium Density Residential; Residential Equivalent; 15 DU/AC 0.50 0.75 Office Moderate Density Residential; Residential s s Equivalent; Office; Retail Sale & Service; Overnight 18 DU/AC; 300V/AC 0.40 0.85 Accommodations Commercial Neighborhood (CN) Office; Retail Safes and Service 10 DU/AC 0.40 0.80 Commercial Limited (CL) Office; Retail Sales & Service, Overnight 18 MAC; 0.45 0.85 Accommodations 30 OV/AC itJ.F. sips .�ba Office; Retail Safes & Service; Overnight 24 DU/AC; 0.55 0.90 If located in TEC, FAR 1.1 maximum for Office and Research & Development Accommodations 40 OV/AC uses Clearwater Beach: As set forth in Beach by Design special area plan Overnight Accommodations on property that is*: OWAC FAR ISR Lessthan 1 Acre: 70 2.0 0.95 • High Density Residential; Overnight 30 DU/AC; 1.2 0.95 Between 1 and 3 Acres: 90 3.0 0.95 Accommodations; Commercial, Residential Equivalent 50 OV/AC Greater than 3 Acres: 110 4.0 0.95 * Subject to Community Development Code provisions consistent with Section 5.2.1.3, Countywide Plan Rules Moderateto High Density Residential; Office; Retail Central Business District (CBD) Sales & Service; Public/Semi-Public uses as indicated As set forth in the approved Clearwaterpowntown Redevelopment Plan in approved Redevelopment Plan Office; High Density Residential; Residential Equivalent, Retail Sales & Service; Overnight WA 2.5 N/A Residential and overnight accommodation development potential Accommodations; Research/Development; Light governed by FAR Manufacturing DU/AC = Dwelling Units per Acre OV/AC =Overnight Accommodation Units perAcre FAR= Floor Area Ratio ISR = Impervious Surface Ratio TEC = Target Employment Center 13 Ordinance No. 8923-16 City of Clearwater land Maximum Density/Intensity per Plan Category Primary Uses per Plan Category Use Category Density FAR ISR Special Office, High Density Residential; Residential US 19 Neighborhood Center Equivalent; Retail Sales & Service, Overnight N/A 1.5 N/A Residential and overnight accommodation development potential (US 19 -NC) Accommodations; Research/Development; Light governed by FAR Manufacturing Office; High Density Residential; Residential Residential and overnight accommodation development potential US 19 Corridor (US 19-C) Equivalent, Institutional; Warehouse; Light N/A 1.5 N/A governed by FAR Manufacturing; Research/Development 75 OV/AC; FAR 1.5; ISR 0.85 (Subject to Community Development Code Industrial Limited (IL) Light/Medium Manufacturing; Overnight SOOV/AC 0.65 0.85 provisions consistent with Section 5.2.1.3, Countywide Plan Rules If located in TEC, FAR 1.3 maximum for Manufacturing, Office, and Research Accommodations; Research/Development; Wholesale & Development uses Industrial General (IG) All Manufacturing; Wholesale; Warehouse; Research/ N/A 0.75 0.95 If located in TEC, FAR 1.5 maximum for Manufacturing, Office, and Research Development; Vehicular Salvage & Development uses rget pl en ante TEC Office; Manufacturing; Research/Development 100% Intensity bonus for Manufacturing, Office, and Research & Development uses; otherwise, density, FAR, and ISR based upon the underlying future land use category Recreation/Open Space (R/OS) Public/Private Open Space; Recreation Facilities N/A 0.25 0.60 Beach/Water Access Natural/Undeveloped Water Features, Beaches and N/A 0.10 0.20 Dunes, Environmental Parks Institutional (1) Public/Private Schools; Churches; Public Offices, 12.5 DU/AC 0.65 0.85 Hospital Bonus Provisions: FAR 1.0 subject to Bonus Provisions (see Policy Hospitals; Residential Equivalent A.2.2.5) Transportation/fJtility (T%ll) Airports Marina; Utility Facilities N/A 0.70 0.90 TIMP?.... , on/U.tility (T7.U) Overlay Utility Transmission line located in an easement Density, FAR, and ISR based upon the underlying future land use; applicable to properties <10 acres Water Drainage Feature Water Body; Drainage Feature; Submerged Land 0 DU/AC 1 0 1 N/A I Applicable to water bodies >3 acres Water Drainage Feature Overlay Drainage Features Density, FAR, and ISR based upon the underlying future land use category Transit Oriented Development (TOD) Transit Station Area Type I: High Density Residential; Office, Retail Sales Urban Downtown Center Service; Institutional; Public/Semi-Public; Overnight 200 7.0 N/A Accommodations Transit Station Area Type Il: High Density Residential; Office; Retail Sales & Suburban Center Service; Institutional; Public/Semi-Public; Overnight 150 5.0 N/A Accommodations Mixed-use projects can be all inclusive FAR or proportionate share of density and FAR High Density Residential; Office; Retail Sales & Transit Station Area Type III: Service; Institutional; Public/Semi-Public; Overnight 90 3.0 N/A Neighborhood Center Accommodations Transit Station Area Type IV: High Density Residential; Office; Retail Sales Complete Street Corridor Service; Institutional; Public/Semi-Public; Overnight 60 2.0 N/A Accommodations DU/AC = ©welling Units per Acre OV/AC=OvernightAccommodation Units perAcre FAR= F1oorAreo Ratio ISR = Impervious Surface Ratio TEC =Target Employment Center 14 Ordinance No. 8923-16 Table #: A-2 Note: 1. is consistent with the Coachman Ridge Nelghba hood Conservation Overlay District (CRNCOD) per Sect*n 2-1601, Community Development Code. 2. Is consistent with the Island Estates Neighborhood Conservation Overlay District (IENCOD) per Section 2-1602, Community Development Code. 15 Ordinance No. 8923-16 Consiste Zoning District City of Clearwater Future Land Use « Consistent Countywide Plan Category Category O c o x C Residential Estate (RE) Residential Very Low (RVL) Residential Suburban IRS) Residential Low Medium (RLM) Residential Urban (RU) Residential Low Medium (i LM) Residential Medium (RM) Limited (R/OL) Office (0) jiResidential/Office Residential/Office General (R/OG) Commercial Neighborhood (CN) �} '�#�- z Commercial Limited (CL) r"�yetir.� .Q �,�:�srs•?j `eG$t - Resort (R) Central Business District (CBD) t-. r G101 ' RO US 19 Neighborhood Center (US 19 -NC) -NC w • - x''r'• iip� t . �: • :: , a US 19 Corridor (US 19-C) -C Multi Modal Corridor (MMC) / Prima Industrial Limited (IL) • • " r: = =` Target Employment it I Tir of Erriploymerit Ceriie-r(TEC) Recreation/Open Space (R/OS) Recreation/Open Space (R/OS) Institutional (1) Public/Semi-Public (P/SP) Transporiati6n—LUtiiity.(,T/-U) Tre sn pociatioNUtiiiiy,(,,T/U)FO ev r(ay Consistent with all zoning districts Water/Drainage Feature Consistent with all zoning districts. Shown as"Water" Water/Drainage Feature Overlay Consistent with all zoning districts Shown as'Water" Transit Oriented Development (TOO) Area Type I: Urban Center Downtown - Area Type Il: Suburban Center Zoning districts specific to the geographic location of the transit station area will be established as such time lmg4 (t 4A0 lb0i u 0x) "r� that station locations are determined and transit station area are developed. Area Type III: Neighborhood Center ,plans Area Type N: Complete Street Corridor Note: 1. is consistent with the Coachman Ridge Nelghba hood Conservation Overlay District (CRNCOD) per Sect*n 2-1601, Community Development Code. 2. Is consistent with the Island Estates Neighborhood Conservation Overlay District (IENCOD) per Section 2-1602, Community Development Code. 15 Ordinance No. 8923-16 Section 5. That Policy A.5.1.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.5.1.1 Identify Activity Centers: high intensity, high-density multi -use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood -serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are Meadweys, and aFe composed of multiple destination points, landmarks a4W and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. TheFe aFe bNo s gHlflnaH4 HI Imher of n1t1�le HGF of mnre than one nn11H HYAVImate nt GOMMunotups Wevedmna a mix of Heinhhorheed seHiiHn shnHoiHn GenteFs as well as a mox of employment and R_m9SideRt.i_;_". &I: - Section 6. That a new Policy A.5.3.10 of the Clearwater Comprehensive Plan Future Land Use Element be added to read as follows: A.5.3.10 Preserve the scenic water views and residential character of North Clearwater Beach. Section 7. That Policies A.5.4.5 and A.5.4.9 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road, Including Cross Streets and Gulf -to -Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Raa Map and Zoning Atlas Fnay be ee Wered to should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit -supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements 16 Ordinance No. 8923-16 should be encouraged. A.5.4.9 Support the adoption and utilization of Future Land Use F4aR categories and subcategories made available by the Countywide Plan for Pinellas Coun Rules that are consistent with and promote infill and desired redevelopment along corridors. Section 8. That Policy A.5.5.3 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.5.5.4 and A.5.5.6 be added, with current Policy A.5.5.4 renumbered accordingly, to read as follows: A.5.5.3 Explore the development of speGial area redevelopment plans and/or design guidelines for Westfield Shoppingtown GeuntFyside, CleaF ate activity centers and redevelopment corridors identified on Map A-14, as appropriate. A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. A.5.5.54 Update Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the Clearwater Downtown Redevelopment Plan, as needed. A.5.5.6 Implement design standards for US Hiahwav 19. which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Section 9. That Policies A.6.1.3, A.6.1.7 and A.6.1.8 of the Clearwater Comprehensive Plan Future Land Use Element be amended, and new Policies A.6.1.11 and A.6.1.12 be added, to read as follows, with subsequent Policy renumbered: A.6.1.3 The area governed by Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines shall be recognized on the Countywide Fnutu.e' and Use Plan fnMap as a Community Redevelopment District. which is indicated on the map as Activitv Center with Special Center subcategory. This area is bounded on the north by the line dividing the block between Acacia Street and Somerset Street, the Gulf of Mexico on the west, Clearwater Harbor on the east, excluding Island Estates, and the Sand Key Bridge on the south, excluding Devon Avenue and Bayside 17 Ordinance No. 8923-16 Drive. Beachfront and public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway with a Future Land Use designation of Recreation/Open Space shall be excluded from the Community Redevelopment District. A.6.1.7 Downtown Clearwater is designated as a Regional Activity Center as defined in Chapter 380, Florida Statutes and shown on Map A-13, suitable for increased threshold intensity for development consistent with the boundaries of the Central Business District as identified by the Tampa Bay Regional Planning Council's Strategic Regional Policy Plan and as indicated in the Clearwater Downtown Redevelopment Plan approved in 2004. A.6.1.8 The City shall continue to support and implement approved redevelopment plans, such as the Clearwater Downtown Redevelopment Plan adopted On J2004),arid Beach by Design adopted 001), and the US 19 Corridor Redevelopment Plan (2012). A.6.1.11 US Hiahwav 19 is recoanized on the Countvwide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit -Oriented Land Use Vision Map within the Countywide Plan Strategies. A.6.1.12 Redevelopment of US Hiahwav 19 shall be encouraaed throuah the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment -intensive, transit- and pedestrian -supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. in OFdeF tO knolement the These standards should: a. Concentrate office and other employment -intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and "park once" trips; f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel: and g. Contribute to street -level pedestrian activity and the informal surveillance of public spaces. A.6.1.1344 The City of Clearwater will continue to promote infill development and the removal of blight through the Unsafe Structures Program. 18 Ordinance No. 8923-16 Section 10. That Policies A.6.8.2 and A.6.8.7 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. A.6.8.7 Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including pr-opesed-planned PSTA, Pinellas County MPO and TBARTA lines and potential station locations. Section 11. That a new Policy 7.2.5 of the Clearwater Comprehensive Plan Future Land Use Element be added to read as follows, with subsequent Policy renumbered: A.7.2.5 Unincoraorated property within the Clearwater Plannina Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. Section 12. That Maps A-13 and A-14 of the Clearwater Comprehensive Plan be replaced with the updated maps below, that the Attachment to Map A-14 be updated to read as follows, and that new Maps A-16 and A-17 be added: 19 Ordinance No. 8923-16 City of Clearwater Canpreheneive Plan 2016 M111 ;HIG,.N F u 0 SA. CHR'STOPHER T�PIV VIRQINI- iucil � SH'�4 OLDSMAR r• NORTHSIDE DIkYEDII. `•r... _. r•5 SALON A -,1 ER SBO � I SR SBO : 000'�S SAFE—/ HARBOR EN1=PR3E �' �0 :o .a :z e5 :U UNION �� _ MAIN o Jl z .1 > HA 7N i > 5 3 NURSERY ...P�BELLEAIR ....__.., } _.... ... .. ,........._. ... &ErLEAIF •~... rfif7b4>">�""'t�0.r'�II�F •�_'�• LARGO .....�. 20 Activity Centers Map #: A-13,2016 ADDENDUM Date: 4/27/2016 Source: caracl_ "'r Ptannln D artm.C1. Legend ® Regional Activity Center Activity Centel .: Clearwater Planning Area Outside Clearwater City Limits ,,.pA R•p.nG til! al.n Yny q 6.2 opn. t Depwbn.al Laaa R.aa•Dlaraa 100 A NyrlaAw, [N.MWr, 0. R!M rxoyatrnr a.m.e,runmmlna nava.a mmrnab cy ma rq. +rruanwur Rpnwwcq W�e.Tcart�.ntl mu# [a ewl PNb eco ux0 b/ rag nryienl w'IM ;W MexM1.a�Sr/1 p lmllha aalq rgwvarlwaa -ratan mr lro PaRnaq nr nrro a rJ•aPnh InlnMnlrl�l.x uw+nlnry Px vnm ;na nrycrrna: waW maxv: ro owranlu: rwroe:+awnrtuua ron:wvp me crour/ry, mrrpAlcneev rgicDJly, a w fell/y o' Ihn tich br eM Pmw PaH[ulw wa Frrtharmbro Ire �i�y cl Charwclw cowl rc �icCliy whilPoww wu.latl w/n lha iro ive cl each Cela ce Ordinance No. 8923-16 City of Clearwater Comprehe-tsive Plan 2013 1=1 L � f E N I I I r ! ( W E I � I s ....... Sole: N.T.S. 21 Citywide Design Structure Map #: A-14,2016 ADDENDUM Date: 611612016 rar5 /18Source: Pl Leaend w Activity Centers Destination Points CIN / Pinellas County Parcels Scientology Owned Parcels Mufti -Neighborhood Shopping Center Neighborhood Shopping Center Landmarks / loon Neighborhood Character Features Gateways Designated Scenic Non -Com. Corridors — Scenic Corridors I_j Corridors To Redevelop Corridors To Preserve Clearwater Planning Area PSTA Transit Routes — Trails - Existing --- Trails - Proposed Scenic Overlook F View Corridor Florida Scenic Highway Courtney Campbell Causeway (runs from McMullen -Booth Road to Veterans Expressway (SR589) in Hillsborough County.) �� rnwndey: Pln+nna 60.vl.rm.rt D.rerDn.nt "q� .a.ro•D 100 fl NPM. An . d..rwr,e.r, FL ddr66 Pw PDh Iwrr JN '! *U 4Ybr CiNYl cwr.rer Erryi rrrrrrN ,nt abnPq helP @doledwe—bcleC t0le Purpose of d anPp —be, He.Yac' notary Aa ,the plclenYsr mDs erpr. s:ed or dgned, wnnrrvN Ins ecrurery, roaraon s ny ..net YY, o. xletiONdl.Y:a den br err ope s./udnte C ,'wn o4rpn da:a. Wool, MI.—, arad wn nc n urm Ordinance No. 8923-16 I i OLDSMAR II DUNEDIN I i iI 1v SAF=TY HARBOR L � f E N I I I r ! ( W E I � I s ....... Sole: N.T.S. 21 Citywide Design Structure Map #: A-14,2016 ADDENDUM Date: 611612016 rar5 /18Source: Pl Leaend w Activity Centers Destination Points CIN / Pinellas County Parcels Scientology Owned Parcels Mufti -Neighborhood Shopping Center Neighborhood Shopping Center Landmarks / loon Neighborhood Character Features Gateways Designated Scenic Non -Com. Corridors — Scenic Corridors I_j Corridors To Redevelop Corridors To Preserve Clearwater Planning Area PSTA Transit Routes — Trails - Existing --- Trails - Proposed Scenic Overlook F View Corridor Florida Scenic Highway Courtney Campbell Causeway (runs from McMullen -Booth Road to Veterans Expressway (SR589) in Hillsborough County.) �� rnwndey: Pln+nna 60.vl.rm.rt D.rerDn.nt "q� .a.ro•D 100 fl NPM. An . d..rwr,e.r, FL ddr66 Pw PDh Iwrr JN '! *U 4Ybr CiNYl cwr.rer Erryi rrrrrrN ,nt abnPq helP @doledwe—bcleC t0le Purpose of d anPp —be, He.Yac' notary Aa ,the plclenYsr mDs erpr. s:ed or dgned, wnnrrvN Ins ecrurery, roaraon s ny ..net YY, o. xletiONdl.Y:a den br err ope s./udnte C ,'wn o4rpn da:a. Wool, MI.—, arad wn nc n urm Ordinance No. 8923-16 ATTACHMENT TO MAP A-14 CITYWIDE DESIGN STRUCTURE HIERARCHY OF PLACES MAJOR ACTIVITY CENTERS- high intensity, high-density multi -use areas designated as appropriate for intensive growth and an integrated pattern of development fedfiaely Activity centers are composed of multiple destination points, landmarks and neighboFhoed Gen and character features. Activitv Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Regional Tourist Shopping (as per State) Neighborhood Activities Centers Medical Industrial Downtown Curlew Road & US Clearwater Clearwater Mall/ Morton Plant Hercules Highway 19 Beach Parkplace Area Hospital Industrial Campus Park Sunset Point Road/ Countryside Mall/ NE Coachman/ Westfield Area SR 590&US Highway 19 Belleair Road & US Highway 19 22 Ordinance No. 8923-16 billftowww0 0 GUVF_TOBAYBLVD Future Land Uses Within CSA, US 19 Redevelopment Area Map 1t A-16,2016 t Date: 7/11/2016 Source:Cfty of Clearwater Fslennlna Department 1/16 Legend ❑ CG - Commercial General (24 UPA') DRUID:RD 1M y' ❑ I- Institutional (12.5UPA") SEVILLE.BLVD m to P - Preservation (No Density) 70 _ R/OG - Residential/Office General (15 UPA•) me RH - Residential High (30 UPP) C3 RL - Residential Low (5 UPA•) C1 RLM - Residential Low Medium (10 UPA') zz RM - Residential Medium (15 UPA') © Water (No Density) i.; Clearwater Planning Area Units perAcre HARN"BLVD RD °f L NURSERY �y; aatw.eay. V "' an,+wa aow�aoameni owmem Lenp RnpaeNlabn N arE'tleawMar.rnm Obc4anr. _ a1°AaNMn( erE�m Y le xrepMleMueOW tl!e,ecNb,i wtn Ux � moe,ara,w,m mx rneeara,«erreawas caarrtaaa mecwaasa a � � � --- � WE �'1�/// _.................... _ g covalMnp oaapnt lNnahx(uv innnpy as a«n, rr»cNaCearwwer fres ro wanaress, ayasaaaa mnaea, mnnrwq me xcwxy. Stale: N.T.S. � mvcarerass matirN,asaxauerarrm axoaarootn«a�rao ua. rurmamwre, tmcyacaanrm«aswmenmaedtywnrxavr, aocrnwwtnroe wa «mswa asarnaxa. 23 Ordinance No. 8923-16 Section 13. This ordinance shall be published in accordance with the requirements of law. 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk 25 Ordinance No. 8923-16 MOTION TO AMEND ORDINANCE NO. 8923-16 ON SECOND READING On page 4 of Ordinance, amend Section 2 to italicize reference to Beach by Design as follows: A.1.2.1 Population densities in the coastal storm areas are restricted to the maximum density allowed by the City's Future Land Use Category or as allowed in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines. On page 4 of Ordinance, amend Section 2 as follows: A.1.2.3 The City shall deny an amendment to its Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity unless it meets the requirements of Section 163.3178(8)(a)3.,F.S. and upon a balancing of the following criteria, as are determined applicable and significant to the subject amendment, consistent with Section 4.2.7 of The Countywide Rules. On page 6 of Ordinance, amend Section 3 as follows: A.2.2.6 Hospital uses within the Institutional classification shall be guided by the FAR bonus provisions for hospital uses in the Institutional classification and shall be subject to the following criteria: 3. Any proposed use within 150 feet of adjoining local government(s) shall be so designed and located as to consider specifically each of the following: a. The height of any building or structure in relationship to the distance feFm from adjoining property and buildings in the adjoining jurisdiction(s) to ensure minimum negative visual impact based on the standards for setback, separation distance and buffering in the adjoining local government(s). On page 16 of Ordinance, amend Section 5 as follows: A.5.1.1 Identify Activity Centers: high intensity, high-density multi -use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant Motion to Amend Ordinance 8923-16 on Second Reading number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood -serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are composed of multiple destination points, landmarks and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. There 're -eadways n .s. Those that seF ell as a Fnmx of eFnp be PFO)(OFnate and a f On page 18 of Ordinance, amend Section 9 to italicize reference to Beach by Design, and otherwise amend as follows: A.6.1.8 The City shall continue to support and implement approved redevelopment plans, such as the Clearwater Downtown Redevelopment Plan (2004), Beach by Design (2001), and the US 19 Corridor Redevelopment Plan (2012). A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment -intensive, transit- and pedestrian - supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. in order to implement +he These standards should: On page 19 of Ordinance, amend Section 11 as follows: A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the 2 Motion to Amend Ordinance 8923-16 on Second Reading appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. On page 24 of Ordinance, replace Map A-17 with the amended Map A-17 as attached. Pamela K. Akin City Attorney November 28, 2016 3 gns", 't' i Rick Scott Cissy Proctor GOVERNOR "' # _ EXECUTIVE DIRECTOR FLORIDA DEPARTMENTar ECONOMIC OPPORTUNITY October 20, 2016 The Honorable George N. Cretekos Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Cretekos: The State Land Planning Agency (the Agency) has completed its review of the (proposed comprehensive plan amendment for the City of Clearwater (Amendment No. 16-3ESR) which was received on September 23, 2016. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and have identified a comment below related to important state resources and facilities within the Agency's authorized scope of review that will be adversely impacted by the amendment if adopted. If unresolved, this comment may form the basis for a challenge to the amendment after adoption. The Future Land Use Element proposed Policy A.1.2.3 provides for several criteria through which residentialdensity could be increased in the City's Coastal Storm Area. Policy A.1.2.3 states that the City shall deny an amendment to the Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity `runless upon a balancing" of the criteria defined in the policy. This provides a policy framework for which the City can increase population densities in the CHHA creating an adverse impact on this important state resource because none of the criteria listed in Policy A.1.2.3 ensure that amendments within the CHHA will meet the provision of Section 163.3178(8)(a)3., F.S., pertaining to providing adequate mitigation to address increasing residential' density within the CHHA. The City should revise Policy A.1.2.3 to exclude increases in density within the CHHA or to require amendments to the future land use map, where property is !ocated within the CHHA, demonstrate they meet the requirements ur Section 163.3178(8)(a)3., F.S., before approval. We are also providing two technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. They are offered as a suggested solution which can strengthen the City's comprehensive plan and foster vibrant, healthy communities. The Future Land Use Element proposed Policy A.7.2.5 indicates that annexed parcels located within the proposed US 19 Corridor redevelopment area will be designated with the appropriate proposed US 19 Corridor land use category upon annexation. The policy should be revised to clarify that the property's land use designation will be through an amendment to the F166da 00partMeaht of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 $50.245.7105 I www.floridajobs.org wv,w.twitter.com/FLDEO I www.facehook.com/FLDEO Ar. icarar tyinn+lunity employeeipsrgranE upon iequest to uttlividunk v,4111 disabilities All you c. telenllone numbers on this, dr,eumr•ni ntny hr ro;zOw' i try ter r not utint: M/liU rquinmcrd via the Florida Relay SL1 VitB.it 73 t The Honorable George N. Cretekos October 20, 2016 Page 2of2 Future Land Use Map. An example would be using the following wording: the property "shall be designated through an amendment to the Future Land Use Map, with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center, and US 19 Corridor future boundaries depicted on Map A-17". The Future Land Use Element Policy A.5.1.1 was revised to refer to Map 14 for identifying the Regional and Neighborhood Activity Centers as areas appropriate for intensive growth and an integrated pattern of development. However, the map does not show the two Activity Centers as referenced in the policy. Revise Map 14 to show the Regional and Neighborhood Activity Centers. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend that the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments may form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1., F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have attached procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions concerning this review, please contact Valerie Jenkins, at (850) 717-8493, or by email at Valerie.Jenkins@deo.myflorida.com. Sincerely V i Ja es D. Stansbury, Chief ureau of Community Planning JDS/vj Enclosure(s): Procedures for Adoption cc: Ms. Lauren Matzke, AICP, Long Range Planning Manager, City of Clearwater Mr. Sean T. Sullivan, Executive Director, Tampa Bay Regional Planning Council Florida Department of Transportation RICK SCOTT 11201 N. McKinley Drive JIM BOXOLD GOVERNOR Tampa, Florida 33612 SECRETARY October 27, 2016 Ms. Gina Clayton, Assistant Director Planning and Development Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Re: City of Clearwater Comprehensive Plan Amendment 16-3 ESR (CPA2016-04001; LUP2016-06004, LUP2016-06005, LUP2016-06006) Dear Ms. Clayton: We have reviewed the City of Clearwater's proposed Comprehensive Plan (the Plan) Amendment 16-3 ESR according to Chapter 163, Florida Statutes, and our review guidelines. The Department is providing the following assessment. Background: The City of Clearwater covers approximately 21 square miles and extends from the Gulf of Mexico to Old Tampa Bay in central Pinellas County. It is the third largest city in the metropolitan area. The 2010 population was 107,685 (US Census). Residential, commercial, and institutional are the predominant land uses. State roads within Clearwater include US 19, a Strategic Intermodal System (SIS) facility; Alternate US 19; SR 60 (Gulf to Bay Boulevard); SR 580; SR 586 (Curlew Road) and SR 590 (segments of Drew Street and Coachman Road). Proposal: The City is proposing a text amendment and three land use plan cases that involve the US 19 corridor: CPA2016-04001: The purposes of these changes were to (1) establish three new land use categories (US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor) and provide the overlying US 19 zoning districts and subdistricts; (2) "address changes in Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, [add] a new Target Employment Center Overlay (TEC) category, and [establish] balancing criteria by which to evaluate amendments within the Coastal Storm Area"; (3) change the Citywide design structure policies so that they are based on the US 19 Corridor Plan; and (4) update references and correct minor errors. Technical Assistance Comments: www.dot.state.fl.us Ms. Gina Clayton October 27, 2016 Page 2 ✓ Page 4, Policy A.1.2.1: "...or as allowed in Beach By Design: A preliminary Design for Clearwater Beach and Design Guidelines [italicize the title]." ✓ Page 6, Policy A.2.2.6.c.3.a: "The height of any building or structure in relationship to the distance fofm from adjoining property.... ✓ Page 18, Policy A.6.1.8: "...such as the Clearwater Downtown Redevelopment Plan adopted in (20041 and Beach by Design [italicize the title] adopted OR ,(2001) ...." ✓ Page 18, Policy A.6.1.12: "...settings for working, living and shopping_ In order to implement the Tthese standards should:" LUP2016-06004, LUP2016-06005, and LUP2016-06006: Jointly, these three cases amend 4,036 parcels totaling 1,641.35 acres from a combination of Commercial General (CG), Commercial Limited (CL), Residential/Office General (R/OG), Residential/Office/Retail (R/O/R), Residential/Office Limited (R/OL), Industrial Limited (IL), Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM), Residential Low Medium (RLM), Residential Urban (RU), Residential Low (RL), Institutional (1), Recreation/Open Space (R/OS), Transportation/Utility (T/U), Water/Drainage Feature (W/DF) and Preservation (P) to a combination of US 19 Regional Center (US 19 -RC), US 19 Neighborhood Center (US 19 -NC), US 19 Corridor (US 19-C), W/DF and P. The amendment proposes two Regional Centers, two Neighborhood Centers and three Corridor areas. According to the analysis provided, there is the potential for an additional 220,000 square feet of retail, 435,000 square feet of office and 2,094 residential units over what is currently allowed. This translates into 2,141 additional PM Peak Hour trips. The Department makes the following observations: ✓ While significant, the 2,141 PM PH trips are spread out over approximately 7.8 miles and multiple full interchanges. ✓ The most recently adopted FDOT Five Year Work Program shows construction of improvements to US 19 from north of SR 580 to north of CR 95 (including the interchange at Curlew Road) in FY 2019/20 and 2020/21. This will significantly increase capacity on this segment. Technical Assistance Comments: In addition to the extensive use of transit (including the possible use of circulator buses) throughout this corridor, the Department also suggests the following: ✓ The maximization of internal capture by optimizing the location and uses in any mixed use development located in the corridor. Ms. Gina Clayton October 27, 2016 Page 3 ✓ The creation of backage roads that link developments together so that access can be obtained from multiple locations and frontage roads are not overburdened. ✓ The use of Transportation Demand Management strategies such as flexible work schedules, employer -subsidized transit and bicycle and pedestrian facilities. The Department thanks the City for working with FDOT staff prior to the submission of this amendment package. Please ensure that we receive a copy of the adopted amendment. Should you have any questions please do not hesitate to contact me at 813- 975-6444 or at jeffery.dow@dot.state.fl.us. Sincerely, J *— # Oer� effery F. Dow LGCP Coordinator cc: Lauren Matzke, AICP, Long Range Planning Manager, City of Clearwater Ray Eubanks, Plan Processing Administrator, DEO Waddah Farah, PDA Administrator, FDOT District 7 Daniel Santos, AICP, Growth Management Supervisor, FDOT District 7 RESPONSE TO COMMENTS RAISED REGARDING CITY OF CLEARWATER 16-3ESR (ORD. 8923-16) COMPREHENSIVE PLAN AMENDMENT The Florida Department of Economic Opportunity (DEO) provided the following comment (excerpted) as part of its review of the proposed amendment package: The Future Land Use Element proposed Policy A.1.2.3 provides for several criteria through which residential density could be increased in the City's Coastal Storm Area ... This provides a policy framework for which the City can increase population densities in the CHHA creating an adverse impact on this important state resource because none of the criteria listed in Policy A.2.3 ensure that amendments within the CHHA will meet the provision of Section 163.3178(8)(a)3., F.S., pertaining to adequate mitigation to address increasing residential density within the CHHA. The City should revise Policy A.1.2.3 to ... require amendments to the future land use map ... demonstrate they meet the requirements of Section 163.3178(8)(x)3., F.S., before approval. City of Clearwater Response: Proposed Policy A.1.2.3 has been amended to include the requirement that any amendment within the coastal storm area meet the requirements of Section 163.3178(8)(a)3., F.S. A.1.2.3 The City shall deny an amendment to its Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity unless it meets the requirements of Section 163.3178(8)(a)3.,F.S. and upon a balancing of the following criteria, as are determined applicable and significant to the subject amendment, consistent with Section 4.2.7 of The Countywide Rules. The Florida Department of Economic Opportunity (DEO) also provided two technical assistance comments as part of its review of the proposed amendment package: 1. The Future Land Use Element proposed Policy A.7.2.5 indicates annexed parcels located within the proposed US 19 Corridor redevelopment area will be designated with the appropriate proposed US 19 Corridor land use category upon annexation The policy should be revised to clarify that the property's land use designation will be through an amendment to the Future Land Use Map ... 2. The Future Land Use Element Policy A.5.1.1 was revised to refer to Map 14 for identifying the Regional and Neighborhood Activity Centers as areas appropriate for intensive growth and an integrated pattern of development. However, the map does not show the two Activity Centers as referenced in the Policy. Revise Map 14 to show the Regional and Neighborhood Centers. City of Clearwater Response: Proposed Policy A.7.2.5 has been revised to include the recommended language, which is consistent with the process taken when a property is annexed into the City of Clearwater. A future land use category is designated through an amendment to the Future Land Use Map, and the change is made by Ordinance, adopted by City Council. Proposed Policy A.5.1.1 has been revised to make the policy more general in nature, thereby allowing more flexibility and eliminating inconsistencies between the Policy and what is depicted on Map A-14, which shows Activity Centers generally. The Florida Department of Transportation (FDOT) provided four technical assistance comments as part of its review of the proposed amendment package, including recommendations to italicize references Beach by Design within the proposed Policies, as well as correcting tyo typographical errors. City of Clearwater Response: Proposed Policies A.1.2.1, A.2.2.6.c.3.a, A.6.1.8, and A.6.1.12 have been amended to make the suggested revisions. The Southwest Florida Water Management District (SWFWMD) provided the following comment as part of its review of the proposed amendment package: The amendment discusses potential water demand for the proposed land use changes but does not include analysis indicating Pasco County's [sic] ability to serve future development. Analysis should be provided addressing supply availability, including supply source and facility capacity, as per Chapter 163.3177(6)(a)8.a., F.S. This analysis is only needed for the demand projected for the newly proposed development. City of Clearwater Response: The staff report provided as supporting data and analysis for the amendment included a Public Facilities Level of Service Analysis (Table 7). The maximum demand potential to 2030 was used to determine the maximum potential impact to public facilities/services. The additional development potential from this amendment, based on the maximum demand potential to 2030, would result in an increase in 610,778 gallons per day of potable water. The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. The City's 2012 Potable Water Supply Facilities Master Plan Update noted that the City has increased the number of wellheads operated by the City, and has expanded one RO Plant and constructed a second, while also implementing various conservation measures which led to a reduced water consumption rate of 90 gallons/person/day (2012). The City has recently initiated the next update to this Master Plan, to be approved in 2017. I* V `�r Rick Scott ''' ° Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENTa' ECONOMIC OPPORTUNrrY January 25, 2017 The Honorable George N. Cretekos Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Cretekos: The Department of Economic Opportunity has completed its review of the comprehensive plan amendment adopted by the City of Clearwater on December 15, 2016 (Amendment No. 16-3ESR). We have reviewed the amendment in accordance with the expedited state review process set forth in Sections 163.3184(2_), (3) and (5), Florida Statutes (F.S.), and have identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If this plan amendment is not challenged by an affected person, the amendment will become effective 31 days after the Department of Economic Opportunity notified the local government that the plan amendment package was complete. If this plan amendment is challenged by an affected person, the amendment will not become effective until the Department of Economic Opportunity or the Administration Commission enters a final order determining the amendment to be "In Compliance." No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. We appreciate the opportunity to work with the City's staff in the review of the amendment. If you have any questions related to this review, please contact Valerie Jenkins, at (850) 717-8493, or by email at valerie.ienkins@deo.myflorida.com. Sincerely, :t rtansbury, Chief Community Planning J DS/vj cc: Gina L. Clayton, Planning & Development Assistant Director, City of Clearwater Sean T. Sullivan, Executive Director, Tampa Bay Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. i' Rick Scott ` GOVERNOR FLORIDA DEPARTMENT.f ECONOMIC OPPORTUNITY January 25, 2017 The Honorable George N. Cretekos Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Cretekos: Cissy Proctor EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the comprehensive plan amendment adopted by the City of Clearwater on December 15, 2016 (Amendment No. 16-3ESR). We have reviewed the amendment in accordance with the expedited state review process set forth in Sections 163.3184(2), (3) and (5), Florida Statutes (F.S.), and have identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If this plan amendment is not challenged by an affected person, the amendment will become effective 31 days after the Department of Economic Opportunity notified the local government that the plan amendment package was complete. If this plan amendment is challenged by an affected person, the amendment will not become effective until the Department of Economic Opportunity or the Administration Commission enters a final order determining the amendment to be "in Compliance." No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. We appreciate the opportunity to work with the City's staff in the review of the amendment. If you have any questions related to this review lease contact Val ' J k" , perle en ms, at Len (850) 717-8493, or by email at valerie.nkins@deo.myflorida.com. Sincerely, J es D. Stansbury, Chief ureau of Community Planning ,fi JDS/vj cc: Gina L. Clayton, Planning & Development Assistant Director, City of Clearwater Sean T. Sullivan, Executive Director, Tampa Bay Regional Planning Council Florida Department of Economic Opportunity j Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org www.twitter.com/FLDEO jwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 71.1. Rick Scott GOVERNOR FLORIDA DEPARTMENT -,f MONOMIC OPPORTi.1NrrY January 25, 2017 The Honorable George N. Cretekos Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Cretekos: Cissy Proctor EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the comprehensive plan amendment adopted by the City of Clearwater on December 15, 2016 (Amendment No. 16-3ESR). We have reviewed the amendment in accordance with the expedited state review process set forth in Sections 163.3184(2), (3) and (5), Florida Statutes (F.S.), and have identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If this plan amendment is not challenged by an affected person, the amendment will become effective 31 days after the Department of Economic Opportunity notified the local government that the plan amendment package was complete. If this pian amendment is challenged by an affected person, the amendment will not become effective until the Department of Economic Opportunity or the Administration Commission enters a final order determining the amendment to be "In Compliance." No development orders, development permits,or land uses dependent on this amendment may be issued or commenced before it has become effective. We appreciate the opportunity to work with the City's staff in the review of the amendment. If you have any questions related to this review lea t t V I , p se con ac a erre Jenkins, at (850) 717-8493, or by email at valerie.ienkins(@deo.mvfforida.com. Sincerely, J es D. Stansbury, Chief ureau of Community Planning JDS/vj cc: Gina L. Clayton, Planning & Development Assistant Director, City of Clearwater Sean T. Sullivan, Executive Director, Tampa Bay Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org www.twitter.com/FLDEO iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 41 iI rF-=D Florida Department of Transportation RICK SCOTT 11201 N. McKinley Drive GOVERNOR Tampa, Florida 33612 January 13, 2017 Ms. Gina Clayton, Assistant Director Planning and Development Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 JIM BOXOLD SECRETARY Re: City of Clearwater Comprehensive Plan Amendment 16-3 ESR (CPA2016-04001; LUP2016-06004, LUP2016-06005, LUP2016-06006) Dear Ms. Clayton: We have reviewed the City of Clearwater's adopted Comprehensive Plan (the Plan) Amendment 16-3 ESR according to Chapter 163, Florida Statutes, and our review guidelines. The Department is providing the following assessment. Background: The City of Clearwater covers approximately 21 square miles and extends from the Gulf of Mexico to Old Tampa Bay in central Pinellas County. It is the third largest city in the metropolitan area. The 2010 population was 107,685 (US Census). Residential, commercial, and institutional are the predominant land uses. State roads within Clearwater include US 19, a Strategic Intermodal System (SIS) facility; Alternate US 19; SR 60 (Gulf to Bay Boulevard); SR 580; SR 586 (Curlew Road) and SR 590 (segments of Drew Street and Coachman Road). Proposal: The City has adopted a text amendment and three land use plan cases that involve the US 19 corridor. There were several changes made between first and second readings: CPA2016-04001: The purposes of these changes were to (1) establish three new land use categories (US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor) and provide the overlying US 19 zoning districts and subdistricts; (2) "address changes in Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, [add] a new Target Employment Center Overlay (TEC) category, and [establish] balancing criteria by which to evaluate amendments within the Coastal Storm Area"; (3) change the Citywide design structure policies so that they are based on the US 19 Corridor Plan; and (4) update references and correct minor errors. Clearwater modified the language to address comments made by the Department of Economic Opportunity and FDOT. www.dot.state.fl.us LC Ms. Gina Clayton January 13, 2017 Page 2 LUP2016-06004, LUP2016-06005, and LUP2016-06006: Jointly, these three cases amend 4,036 parcels totaling 1,641.35 acres from a combination of Commercial General (CG), Commercial Limited (CL), Residential/Office General (R/OG), Residential/Office/Retail (R/O/R), Residential/Office Limited (R/OL), Industrial Limited (IL), Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM), Residential Low Medium (RLM), Residential Urban (RU), Residential Low (RL), Institutional (1), Recreation/Open Space (R/OS), Transportation/Utility (T/U), Water/Drainage Feature (W/DF) and Preservation (P) to a combination of US 19 Regional Center (US 19 -RC), US 19 Neighborhood Center (US 19 -NC), US 19 Corridor (US 19-C), W/DF and P. The amendment proposes two Regional Centers, two Neighborhood Centers and three Corridor areas. The Water/Drainage Feature category was added to three areas being modified, and the Preservation category was deleted from one area. According to the previous analysis provided, there is the potential for an additional 220,000 square feet of retail, 435,000 square feet of office and 2,094 residential units over what is currently allowed. This translates into 2,141 additional PM Peak Hour trips spread out of several miles and multiple interchanges. Technical Assistance Comments: As the City implements the US 19 Corridor Redevelopment Plan, the Department again suggests the following: ✓ Extensively use transit (including the possible use of circulator buses) throughout this corridor. ✓ The maximization of internal capture by optimizing the location and uses in any mixed use development located in the corridor. ✓ The creation of backage roads that link developments together so that access can be obtained from multiple locations and frontage roads are not overburdened. ✓ The use of Transportation Demand Management strategies such as flexible work schedules, employer -subsidized transit and bicycle and pedestrian facilities. i r* Ms. Gina Clayton January 13, 2017 Page 3 The Department again thanks the City for working with FDOT staff prior to the submission of this amendment package. Should you have any questions please do not hesitate to contact me at 813-975-6444 or at jeffery.dow@dot.state.fl.us. Sincerely, t Jeffery F. Dow LGCP Coordinator cc: Lauren Matzke, AICP, Long Range Planning Manager, City of Clearwater Ray Eubanks, Plan Processing Administrator, DEO Waddah Farah, PDA Administrator, FDOT District 7 Daniel Santos, AICP, Growth Management Supervisor, FDOT District 7 (0 Rick Scott Cissy Proctor GOVERNOR _ _ EXECUTIVE DIRECTOR FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY October 20, 2016 The Honorable George N. Cretekos Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Cretekos: The State Land Planning Agency (the Agency) has completed its review of the proposed comprehensive plan amendment for the City of Clearwater (Amendment No. 16-3ESR) which was received on September 23, 2016. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and have identified a comment below related to important state resources and facilities within the Agency's authorized scope of review that will be adversely impacted by the amendment if adopted. If unresolved, this comment may form the basis for a challenge to the amendment after adoption. The Future Land Use Element proposed Policy A.1.2.3 provides for several criteria through which residential density could be increased in the City's Coastal Storm Area. Policy A.1.2.3 states that the City shall deny an amendment to the Future Land Use Map within the coastal storm area which results in an increase of residential density or intensity "unless upon a balancing" of the criteria defined in the policy. This provides a policy framework for which the City can increase population densities in the CHHA creating an adverse impact on this important state resource because none of the criteria listed in Policy A.1.2.3 ensure that amendments within the CHHA will meet the provision of Section 163.3178(8)(a)3., F.S., pertaining to providing adequate mitigation to address increasing residential density within the CHHA. The City should revise Policy A.1.2.3 to exclude increases in density within the CHHA or to require amendments to the future land use map, where property is located within the CHHA, demonstrate they meet the requirements of Section 163.3178(8)(a)3., F.S., before approval. We are also providing two technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. They are offered as a suggested solution which can strengthen the City's comprehensive plan and foster vibrant, healthy communities. The Future Land Use Element proposed Policy A.7.2.5 indicates that annexed parcels located within the proposed US 19 Corridor redevelopment area will be designated with the appropriate proposed US 19 Corridor land use category upon annexation. The policy should be revised to clarify that the property's land use designation will be through an amendment to the Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org www.twitter.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/T7D equipment via the Florida Relay Service at 711. The Honorable George N. Cretekos October 20, 2016 Page 2 of 2 Future Land Use Map. An example would be using the following wording: the property "shall be designated through an amendment to the Future Land Use Map, with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center, and US 19 Corridor future boundaries depicted on Map A-17". The Future Land Use Element Policy A.5.1.1 was revised to refer to Map 14 for identifying the Regional and Neighborhood Activity Centers as areas appropriate for intensive growth and an integrated pattern of development. However, the map does not show the two Activity Centers as referenced in the policy. Revise Map 14 to show the Regional and Neighborhood Activity Centers. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend that the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments may form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1., F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have attached procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions concerning this review, please contact Valerie Jenkins, at (850) 717-8493, or by email at valerie.lenkins@deo.myflorida.com. Sincerely Ja es D. Stansbury, Chief ureau of Community Planning J DS/vj Enclosure(s): Procedures for Adoption cc: Ms. Lauren Matzke, AICP, Long Range Planning Manager, City of Clearwater Mr. Sean T. Sullivan, Executive Director, Tampa Bay Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. EffeclNe:.lune 2, 2011 (Updated [Aarch 11., 2013) ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike- through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: 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. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity in response to the comment letter from the Department of Economic Opportunity. 2 Eliective: June 2, 201.1 (Updated Mliarch 11, 2013) FDOT Florida Department of Transportation RICK SCOTT 11201 N. McKinley Drive JIM BOXOLD GOVERNOR Tampa, Florida 33612 SECRETARY October 27, 2016 Ms. Gina Clayton, Assistant Director Planning and Development Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Re: City of Clearwater Comprehensive Plan Amendment 16-3 ESR (CPA2016-04001; LUP2016-06004, LUP2016-06005, LUP2016-06006) Dear Ms. Clayton: We have reviewed the City of Clearwater's proposed Comprehensive Plan (the Plan) Amendment 16-3 ESR according to Chapter 163, Florida Statutes, and our review guidelines. The Department is providing the following assessment. Background: The City of Clearwater covers approximately 21 square miles and extends from the Gulf of Mexico to Old Tampa Bay in central Pinellas County. It is the third largest city in the metropolitan area. The 2010 population was 107,685 (US Census). Residential, commercial, and institutional are the predominant land uses. State roads within Clearwater include US 19, a Strategic Intermodal System (SIS) facility; Alternate US 19; SR 60 (Gulf to Bay Boulevard); SR 580; SR 586 (Curlew Road) and SR 590 (segments of Drew Street and Coachman Road). Proposal: The City is proposing a text amendment and three land use plan cases that involve the US 19 corridor: CPA2016-04001: The purposes of these changes were to (1) establish three new land use categories (US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor) and provide the overlying US 19 zoning districts and subdistricts; (2) "address changes in Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, [add] a new Target Employment Center Overlay (TEC) category, and [establish] balancing criteria by which to evaluate amendments within the Coastal Storm Area"; (3) change the Citywide design structure policies so that they are based on the US 19 Corridor Plan; and (4) update references and correct minor errors. Technical Assistance Comments: www.dot.state.fl.us Ms. Gina Clayton October 27, 2016 Page 2 ✓ Page 4, Policy A.1.2.1: "...or as allowed in Beach By Design: A preliminary Design for Clearwater Beach and Design Guidelines [italicize the title]." ✓ Page 6, Policy A.2.2.6.c.3.a: "The height of any building or structure in relationship to the distance fefm from adjoining property.... ✓ Page 18, Policy A.6.1.8: "...such as the Clearwater Downtown Redevelopment Plan adopted in J2004),,, and Beach by Design [italicize the title] adopted in J2001),,...." ✓ Page 18, Policy A.6.1.12: "...settings for working, living and shopping. In order to implement the Tthese standards should:" LUP2016-06004, LUP2016-06005, and LUP2016-06006: Jointly, these three cases amend 4,036 parcels totaling 1,641.35 acres from a combination of Commercial General (CG), Commercial Limited (CL), Residential/Office General (R/OG), Residential/Office/Retail (R/O/R), Residential/Office Limited (R/OL), Industrial Limited (IL), Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM), Residential Low Medium (RLM), Residential Urban (RU), Residential Low (RL), Institutional (1), Recreation/Open Space (R/OS), Transportation/Utility (T/U), Water/Drainage Feature (W/DF) and Preservation (P) to a combination of US 19 Regional Center (US 19 -RC), US 19 Neighborhood Center (US 19 -NC), US 19 Corridor (US 19-C), W/DF and P. The amendment proposes two Regional Centers, two Neighborhood Centers and three Corridor areas. According to the analysis provided, there is the potential for an additional 220,000 square feet of retail, 435,000 square feet of office and 2,094 residential units over what is currently allowed. This translates into 2,141 additional PM Peak Hour trips. The Department makes the following observations: ✓ While significant, the 2,141 PM PH trips are spread out over approximately 7.8 miles and multiple full interchanges. ✓ The most recently adopted FDOT Five Year Work Program shows construction of improvements to US 19 from north of SR 580 to north of CR 95 (including the interchange at Curlew Road) in FY 2019/20 and 2020/21. This will significantly increase capacity on this segment. Technical Assistance Comments: In addition to the extensive use of transit (including the possible use of circulator buses) throughout this corridor, the Department also suggests the following: ✓ The maximization of internal capture by optimizing the location and uses in any mixed use development located in the corridor. Ms. Gina Clayton October 27, 2016 Page 3 ✓ The creation of backage roads that link developments together so that access can be obtained from multiple locations and frontage roads are not overburdened. ✓ The use of Transportation Demand Management strategies such as flexible work schedules, employer -subsidized transit and bicycle and pedestrian facilities. The Department thanks the City for working with FDOT staff prior to the submission of this amendment package. Please ensure that we receive a copy of the adopted amendment. Should you have any questions please do not hesitate to contact me at 813- 975-6444 or at jeffery.dow@dot.state.fl.us. Sincerely, Jeffery F. Dow LGCP Coordinator cc: Lauren Matzke, AICP, Long Range Planning Manager, City of Clearwater Ray Eubanks, Plan Processing Administrator, DEO Waddah Farah, PDA Administrator, FDOT District 7 Daniel Santos, AICP, Growth Management Supervisor, FDOT District 7 Tampa St Reglonal 'Planning Council ESTABLISHED 1962 For Council Meeting of 11/14/16 Agenda Item #3.H.2 w ut Local Government Comprehensive Plan Amendment Review 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 (727) 570-5151 / www.tbrpc.org LOCAL GOVERNMENT: STATE LAND PLANNING AGENCY REFERENCE: LOCAL GOVT REFERENCE: AMENDMENT TYPE: ELEMENTS/SECTIONS AFFECTED: DATE RECEIVED FROM LOCAL GOVERNMENT: City of Clearwater DEO #16-3ESR Ordinance No. 8923-16 / CPA2016-04001 Text and May Future Land Use Element / Mans 9/26/2016 LINK TO PROPOSED AMENDMENT TRANSMITTAL PACKAGE: https:Hpapers.deo.myflorida.com/FloridaPgpers/FlashAugl 6/Model/documentView.cfm?UserlD=6239 &AreaID=11 &DocumentID=469279 AMENDMENT INITIATED BY: Local government BRIEF SUMMARY OF THE PROPOSED AMENDMENT: This proposed amendment package would make a number of changes to the text and maps of the City of Clearwater Comprehensive Plan Future Land Use Element. As listed in the City's staff report for this proposed amendment for the City's Community Development Board meeting of August 16, 2016 (as amended for the Clearwater City Council meeting of September 15, 2016), there are three main purposes of the proposed amendments: 1. Establish the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories as well as the corresponding US 19 zoning district and subdistricts 2. Address changes in (Pinellas) Countywide Rules including identifying those Countywide land use categories that are consistent with City of Clearwater categories, adding a new Target Employment Center Overlay category (TEC), and establishing balancing criteria by which to evaluate amendments within the Coastal Storm Area 3. Update the Citywide design structure policies to reflect changes based on the Corridor Plan and include additional policies supporting its implementation, consistent with the requirements for the Activity Center and Multimodal Corridor designations on the Countywide Plan Map With regard to the establishment of the three proposed "US 19" future land use categories, it is noted that the City proposes Future Land Use Policy A.1.2.2, which limits allowable residential density to the current (pre - amendment) level for properties or portions thereof which are located in the coastal storm area. Therefore, allowable residential density in the coastal storm area is not increased as a direct result of this amendment. In addition, a new Future Land Use element policy (#A.5.3.10) is proposed that states "Preserve the scenic water views and residential character of North Clearwater Beach." The City's staff report notes that this proposed policy recognizes that North Clearwater Beach "is the one residential area on Clearwater Beach, which is otherwise primarily tourist -oriented." Report Prepared: October 26, 2016 Staff Contact: Brady Smith Page 1 brady@tbrpc.org / Ext. 42 For Council Meeting of 11/14/16 Agenda Item #3.H.2 REVIEW COMMENTS: Pursuant to section 163.3184(3)(b), Florida Statues, Tampa Bay Regional Planning Council (TBRPC) staff has reviewed the proposed comprehensive plan amendments, and identified no adverse effects on regional resources or facilities as identified in Future of the Region: A Strategic Regional Policy Plan for the Tampa Bay Region. Additionally, no extrajurisdictional impacts were identified that would be inconsistent with the comprehensive plan of any affected local government. Report Prepared: October 26, 2016 Staff Contact: Brady Smith Page 2 brady@tbrpc.org / Ext. 42 Matzke, Lauren From: Plan—Review (Shared Mailbox) [Plan. Review@dep.state.fl.us] Sent: Tuesday, October 18, 2016 1:46 PM To: Matzke, Lauren; DCPexternalagencycomments Subject: Clearwater 16-3ESR Proposed To: Lauren Matzke, Planning Manager Re: Clearwater 16-3ESR — Expedited Review of Proposed Comprehensive Plan Amendment *Please note the new contact information below. The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Feel free to contact me at Suzanne.e.ravyndep. state. fl.us or (850) 717-9037 for assistance or additional information. Please send all amendments, both proposed and adopted, to plan.reviev° adep.state.fl.us or Florida Department of Environmental Protection Office of Intergovernmental Programs, Plan Review 2600 Blair Stone Rd. MS 47 Tallahassee, Florida 32399-2400 Customer" Service."-- Survey vic .S: rvey pFST2379 Broad Street, Brooksville, Florida 34604-6899 Southwest Florida (352) 796-7211 or 1-800-423-1476 (FL only) Water Management District WaterMatters.org An Equal Bartow Office Sarasota Office Tampa Office Opportunity 170 Century Boulevard 6750 Fruitville Road 7601 U.S. 301 North (Fort King Highway) Employer Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) Randall S. Maggard Chair, Pasco Jeffrey M. Adams Vice Chair, Pinellas Bryan K. Beswick Secretary, DeSoto, Hardee, Highlands Ed Armstrong Treasurer, Pinellas H. Paul Senft, Jr. Former Chair, Polk Michael A. Babb Former Chair, Hillsborough John Henslick Manatee George W. Mann Polk Michael A. Moran Charlotte, Sarasota Kelly S. Rice Citrus, Lake, Levy, Sumter Mark Taylor Hernando, Marion Michelle Williamson Hillsborough Vacant Hillsborough, Pinellas Brian J. Armstrong, P.G. Executive Director October 28, 2016 Ms. Lauren Matzke Long Range Planning Manager City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 Re: Clearwater 16-3ESR Dear Ms. Matzke: The Southwest Florida Water Management District (District) has completed its review for the referenced plan amendment. The following comments are offered for your consideration: Regional Water Supply 1) The amendment discusses potential water demand for the proposed land use changes but does not include analysis indicating Pasco County's ability to serve future development. Analysis should be provided addressing supply availability, including supply source and facility capacity, as per Chapter 163.3177(6)(a)8.a., F.S. This analysis is only needed for the demand projected for the newly proposed development. For additional information on water supply requirements, see the Department of Economic Opportunity's publication entitled A Guide To The Data And Analysis To Support Comprehensive Plan Amendments. A copy of the Guide is available at the following link: http://www.floridawobs.org/docs/default-source/2015-community- development/community-planning/comp-plan/guidedataanalysis.pdf?sfvrsn=4. 2) The District strongly encourages reuse and water conservation implementation, whenever possible, to reduce reliance on potable supply. District records show reuse availability in the project area. Regarding water conservation, the practices should include, but not be limited to, Florida -friendly landscaping, water conservation education and participation in the District's Florida Water Star program. Information on these programs is available in the following links: http://www.swfwmd.state.fl.us/vards/ http://www.swfwmd.state.fl.us/conservation/ http://www.swfwmd.state.fl.us/conservation/florida water star/ Ms. Lauren Matzke October 28, 2016 Page 2 Floodplains and Floodprone Areas 3) No comments. Wetlands and Other Surface Waters 4) No comments. Thank you for this opportunity to participate in the review process. Please provide the District with a copy of the adopted amendment, including any supporting data and analysis. If you have any questions or require further assistance, please do not hesitate to contact me at the Brooksville office at extension 4407 or trisha.neasman@watermatters.org. Sincerely, Trisha Neasman, AICP Planning Lead TN cc: Ray Eubanks, DEO Suzanne Ray, DEP Terri Behling, SWFWMD August 25, 2016 Lauren Matzke, AICP Long Range Planning Manager City of Clearwater 100 South Myrtle Avenue P.O. Box 4748 Clearwater, FL 33758-4748 FORWAk- . INELLAS P: (727) 464.8250 F: (727) 464.8212 forwardpinellas.org 310 Court Street Clearwater, FL 33756 RE: Review of Amendments to the City of Clearwater Comprehensive Plan (Ord. No. 8923-16) for Consistency with the Countywide Rules Dear Ms. Matzke: Thank you for providing Council staff with the draft amendments to the comprehensive plan referenced above. Pursuant to Division 3=3 of the Countywide Rules, Forward Pinellas staff has reviewed the proposed amendments for consistency with the Countywide Rules, as follows: • The amendments to the City of Clearwater Comprehensive Plan, which amend sections of the Future Land Use Element, are consistent with the Countywide Rules. Thank you for transmitting these code amendments for review. Please note that upon adoption, a copy of the final ordinance as adopted, and any subsequent codification thereof, must be filed with us. If you have any questions, please feel free to call me at 464-8250. Sincerely, t,U�u�.,1�' Alicia Parinello Program Planner cc: Councilmember Doreen Caudell, PPC Representative INTEGRATING LAND USE & TRANSPORTATION Countywide Rules - Determination of Consistency Type of amendment: Comprehensive Plan Submitted by: Clearwater Date received: 1 -Aug -16 Subject of amendment(s): Multiple amendments associated with the City of Clearwater Comprehensive Plan Consistency status: The amendments to the City of Clearwater Comprehensive Plan, which amend sections of the Future Land Use Element, are consistent with the Countywide Rules. Reviewed by: Alicia Parinello Approved by: August 1, 2016 City of Clearwater Clearmiter Planning Se. Development, Post Of3ice Box 47,18, Clearwater, llori(ia 33758-4748 100 South Myrtle Avenue, Ca�tr%vatcr, Florida 33756 Telephone (727) 562-4567 FAx (727) 562-4865 Mr. Rodney Chatman, AICP Planning Section Manager Forward Pinellas 310 Court Street, 2nd Floor Clearwater, Florida 33756 Re: Ordinance No. 8923-16 (ITEM NO.: CPA2016-04001) Dear Mr. Chatma >t: Pursuant to Div.3.2 Consistency Requirement of The CountyVidde Rules, the City of Clearwater is submitting proposed amendments to the City of Clearwater Comprehensive Plan for your receipt. The proposed amendments will be reviewed by the Community Development Board acting as the Local Planning Agency on August 16, 2016. These proposed amendments will have a public hearing by the City Council on September 15, 20t6. The City Council second reading and adoption date is anticipated to be scheduled in December 2016. Please contact me at laurels.niat7ke(cr myclearwater.com or 727-562-4547 should you have any questions. Sincerely, vv��It Lauren Matzke, AICP Long Range Planning Man.gager Attachment: Ordinance 8805-16 e,earge N. CreteiM h )orw D*cen Cawkll, Counctlmembet Bill }aeon. C~ntncllmemtrr Dr. Bob cundiff,Caunctlnstntber liayt ltorntltomcounctlmember "FgtJ rtnr!uy.rcn1 LMAdainut;.%A bcnfirg-!wivt' IN N.z City of Clearwater Comprehensive Plan 2016 ]WIN W I� u1111■ \ VW I/11 r 4 1 1 _, Future Land Uses Within CSA, US 19 Redevelopment Area Map #: A-16,2016 Date: 7/11/2016 Sou rCe: City of Clearwater Planning Department 7116 Legend CG- Commercial General (24 UPA*) I - Institutional (12.5 U PA*) P - Preservation (No Density) R/OG - Residential/Office General (15 UPA*) RH - Residential High (30 UPA*) RL- Residential Low (5 UPA*) ilr RLM - Residential Low Medium (10 UPA*) RM - Residential Medium (15 UPA*) Water (No Density) Clearwater Planning Area * Units per Acre ±'K ,;.e>r Prepared by: Planning & Development Department Long Range Division 100 S. Myrtle Ave, Clearwater, FL 33756 Nwww.MyClearwater.cum Disclaimer Public Information data is furnished by the City of Cfearwater Engineering Department, and must be accepted and used by the reopient with the understanding that the data received was co7ected for the purpose of cbveloping agraphx infrastructure inventory As such, the CityofCkarwater makes no warranties, expressed or inpafied, concerning the accuracy, comoletenees, rehabOlty, or suitab&ycf this data for any other pard: ular we. Furthermore, the City of Cfearwater assumes no ha=y whatsoever associated with the use or misuse of such data. 23 Ordinance No. 8923-16 { t Ooolp 16PAm nnf NO I��. QDD • : a DD��t a n .......................................... OQ�dI..............UNION .....• C14o� o �5c r 1 R ,j U O O SUNSET POINT 3 . i7A0a cry its c�i o 0000�00� Q'��I U j cjo�o�.� :ioOc� ad�00000� D) C50 II Erin • v F�o��9` J DD002 Oai 8 _0Q !®6 '7 !M ' 0 �oac 700 OOK • 1 < K �C�� c��ULI BP .. 1 t n n C Cx '�U►�OO�C DRU/D�IJUUI -i ogo Q ° �[ �a °0n GUL w ;opo 000 00 O� l ttp�` ,oo� o� UDD u� c V !10 C=EIDIOM SR OLDSMAR �.r. 4t PA SR ' SAFETY HARBOR UNIOA eo emoo aiQQ, 90- e .................................... 'e d m C3 NURSE. BELLEAIR .. 's. pp f 1'••7 _:. ♦ I+rr• ............••. ..... rirr............ Nhl.L Fe91R.. .......... ....... ....................... '�.. .. • •''1 �.... �ryf- ................................................. LARGO jj- -r ._ ,,: . ..l �..ip:�- 6r..rri sl-di,liRrllill.�{._. N W L S Scale: N.T.S. Activity Centers Mdp k. A-13, 201H AUUL-NUUM Date: 4/27/2016 Source: City of Clearwater Planning Department 4/16 Legend ® Regional Activity Center r7 Activity Centers Clearwater Planning Area Outside Clearwater City Limits Prepared Planning &Developmentent Department OR Long Range Division t .�j2'v'V�11 i 100 S. Myrtle Ave, Clearwater, FL 33756 www.MyClearwater.com Disclaimer: Public information data rs furnished by the City ofCfearwater Engineering Department, and must be accepted and used by the recipient with the understanding that the data received was colected for the purpose of developing a graphic infrastructure inventory As such, the Cif y of C barwater makes no warranties, expressed or implied, concerning the accuracy, completeness, rehabilly, or suitability of this data for any other particular use Furthermore, the City of Clearwater assumes no liabhty whatsoever R4Rnrrat Rd Wil h tha nfiR or msrr,SR of such gala 20 Ordinance No. 8923-16 21 Citywide Design Structure MdV 4. A-14,2010 ADDENDUM Date: 6/16/2016 City of Clearwater Source: Planning Department 5116 Legend Activity Centers Destination Points city/ Pinellas County Parcels Scientology Owned Parcels Multi -Neighborhood Shopping Center Neighborhood Shopping Center Landmarks / Icons Neighborhood Character Features Gateways 0 Designated Scenic Non -Com. Corridors — Scenic Corridors j� Corridors To Redevelop Corridors To Preserve Clearwater Planning Area PSTA Transit Routes — Trails - Existing • Trails - Proposed Scenic Overlook View Corridor Florida Scenic Highway Courtney Campbell Causeway (runs from McMullen -Booth Road to Veterans Expressway (SR589) in Hillsborough County.) A011 Prepared by: Z4 Planning & Development Department Long Range Division 100 S. Myrtle Ave, Clearwater, FL 33756 www.Mycl earwater. c om Disclaimer. Public information data is furnished by the City of Clearwater Engineering Department, and must be accepted and used by the rec)penl with the understanding that the data received was co#ecled for the purpose of developing agraphic infrast rucl ure inventory As such, the Cityof C@arwaler makes no warranbes, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of this data for any other particular use Furthermore, the City of Clearwater assumes no habRywhatsoever associated with the use or misuse of such date Ordinance No. 8923-16