Loading...
9515-22ORDINANCE NO. 9515-22 AN ORDINANCE OF THE CITY OF CLEARWATER ("THE CITY"), FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ENCOURAGE DEVELOPMENT OF AFFORDABLE AND MISSING MIDDLE HOUSING; AMENDING THE HOUSING ELEMENT TO ALLOW FOR UTILIZATION OF CERTAIN REDUCED IMPACT FEES; AMENDING THE COASTAL MANAGEMENT ELEMENT TO UPDATE THE COASTAL STORM AREA AND HURRICANE STORM SURGE MAPS; ADOPTING A NEW COMPREHENSIVE PLAN ELEMENT, THE PROPERTY RIGHTS ELEMENT, CREATING A NEW GOAL, OBJECTIVE AND POLICIES FOLLOWING STATUTORY LANGUAGE IN ACCORDANCE WITH FLORIDA HOUSE BILL 59 (2021) "PRIVATE PROPERTY RIGHTS"; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, on July 15, 2021, the City demonstrated its commitment to taking a countywide approach to addressing housing affordability by approving the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas; and WHEREAS, the City has supported various incentives intended to encourage development and preservation of affordable and workforce housing and currently provides certain incentives for affordable and workforce housing development; and WHEREAS, the City wishes to further incentivize the development of affordable, workforce and Missing Middle housing projects through the use of density bonuses within the City limits, which are provided for in the Countywide Rules; and WHEREAS, In July 2019, Pinellas County amended the Multi -Modal Impact Fee schedule which introduced reduced fees for certain low-income household projects; and WHEREAS, the National Oceanic and Atmospheric Administration published a new and updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model; and WHEREAS, the City's Coastal High Hazard Area (CHHA) and Coastal Storm Area (CSA) is determined by the Category 1 Storm Surge from the SLOSH model; and WHEREAS, the City's Hurricane Storm Surge map is determined by the SLOSH model; and WHEREAS, Florida House Bill 59, also known as the Private Property Rights Act, was signed into law in 2021 and requires that local governments adopt a new property rights element, containing four elements to be included, into their comprehensive plan; and 1 Ordinance No. 9515-22 WHEREAS, the City Council finds it necessary, desirable, and proper to amend the Comprehensive Plan in order to reflect changing conditions; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That policy A.6.1.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation; ander catalytic projects;; workforce housing proiects; "missing middle housing" proiects; and vertically integrated, transit supportive mixed-use development; as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. ********** Section 2. That Objective C.1.1 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: C.1.1 Objective for Adequate Housing - Assure an adequate supply of housing in Clearwater by providing for additional new -dwelling units in a variety of types, costs, and locations to diversify housing options and provide housing that meets the evolving needs of Clearwater households. Section 3. That Policies C.1.1.2, C.1.1.5, C.1.1.7 and C.1.1.8 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: C.1.1.2 * * * * * * * * * * The City shall create provisions within the Community Development Code for expanding housing options that meet the changing needs of residents in terms of unit sizes, housing types, levels of affordability, and locations, while preserving existing housing, including "missing middle" housing types such as tiny houses, 2 Ordinance No. 9515-22 cottages, duplexes, courtyard housing, and small apartment buildings, and accessory dwelling units (ADUs). ********** C.1.1.5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate -income households. ********** C.1.1.7 The City shall further the goal of providing a variety of housing choices, including workforce and "missing middle" housing, through tools such as by-eneeuracjing land assembly, whore possible,density bonuses, height increases, and setback reductions as appropriate. C.1.1.8 Code. To provide additional and diverse housing options integrated into existing neighborhoods, accessory dwelling units shall be exempt from density provisions and allowed in certain residential zoning districts compliant with Community Development Code provisions which provide for consistency with neighborhood character. Such accessory dwelling units cannot be used for short-term rental purposes. ********** Section 4. That Policy C.1.2.8 of the Clearwater Comprehensive Plan Housing Element be added, to read as follows: ********** C.1.2.8 The City shall support the continued reduction of the multi -modal impact fee for low-income household proiects, which is established and administered by Pinellas County. Section 5. That a new Property Rights Element, inclusive of an introduction, Goal, Objective and Policies, be created to read as follows: K. PROPERTY RIGHTS ELEMENT Introduction The purpose and intent of the Property Rights Element is to provide guidance ensuring private property rights are considered in local decision making. 3 Ordinance No. 9515-22 K.1 GOAL — IN ACCORDANCE WITH THE LEGISLATIVE INTENT EXPRESSED IN SECTIONS 163.3161(10) AND 187.101(3), FLORIDA STATUES, THIS COMPREHENSIVE PLAN SHALL RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PRIVATE PROPERTY RIGHTS. K.1.1 Objective — The following statements of private property rights shall be considered in local decision making. Policies K.1.1.1 The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. K.1.1.2 The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state law and local ordinances. K.1.1.3 The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. K.1.1.4 The right of a property owner to dispose of his or her property through sale or gift. Section 6. That Maps E -1A, E -1B and E-2 of the Clearwater Comprehensive Plan be replaced with the maps attached as Composite Exhibit "A". Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. 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. 4 Ordinance No. 9515-22 PASSED ON FIRST READING JAN 2 0 2022 PASSED ON SECOND AND FINAL APR 0 7 2022 READING AND ADOPTED Approved as to form: %. Matthew J. Mytych, /q Assistant City Attorney K /cid/at-07 rank V. Hibbard Mayor Attest: Tole; Rose . ie Call, MP , MM City Clerk 5 Ordinance No. 9515-22 City of Clearwater Comprehensive Plan 2021 Coastal Storm Area Map #: E -1A Date. 10/28/2021 Source Forward PmeNas. NOM, 10/21 Legend Onab dad in 0. Coma! Storm Art. Evacuee. Lewd — Flood Zone VE (FEAIAVeIoaly Zone) Cel. 1 storm Surge (Coastal High Hurd Ares - CHHA) Parcels where Cat.1 Storm surge z20% of _ ma the parcel, or those portions o1 an Island not Inundated by a Cat. I Storm Surge Neon of FEMA Velocity Zone not included In Evacuee. level A Includes the entre parcel were VE Zone z20% of ere parcel Excluded Rom Ow Co.4AStQanAw Locations atop the Clearwater Bay Flues Surge Category 5 Boundary used to determine Blue/Yee . Clearwater Planning "'": Area Outside Sadoo Arc Nal. ',bate c0Madg a Planning and Ot0Nepmera Onpnaewa lof a lergw, non *dated rwa•, wwnep marrgaINS 1•1144,411,14•41101,091 >weawtpywewa una.w Y41n MIN da►.rraraft C4 C41.414 ....., 4..,waTia•40/41 4* r. rw /MOM* 4444 ml111.44.0•04 "Exhibit A -1'I Cit of Clearwater Comprehensive Plan 2021 City dli pCaleb dpbetaaEo1 roar rN,m.�hN[IRlunrury Coastal Storm Area Map 0: E -1B Date: 10/2612021 Source: Reread Pinatas, NOAA, 10121 Leaend oYgedhieCoaerararorm Aru Ever uatien Level A — — Flood Zone VE (EEMAVelociry Zone) Cat.1 Storm Surge (Coastal High Hailed Area - CHHA) ParcNs where Cat I Storm Surge 020% of the parcel or those porion of an island not inundated ey a Cat. I Storm Surge Areas of FEMA Velocity Zone not included in Evacuation Level A Includes the antro patten where VE Zone x20%d the parcel E+A..deam F. ConraVSbrrn Area Locations atop the Clearwater Bay Blum Surge Category b Boundary used to determine Bluff Area Clearwater Planning ..^ Area 111111 Outside Service Area Non Phasemaser ale Nemrvq.ntl t?vndapaaN I1spanmen bra bran. mono 4Yted map Mum., lk-miymerckshae. ms awrYw rr r�nb toe moor "Exhibit A -T' Hurricane Storm Surge Areas Map*: E-2 Date: 10/28/2021 Sotage: Forward Patellas, NOAH, 2021 Legend Category gag 2 3 4 icarwater Planing Area OtWde Service Area PVm.K w s�opn.nn w4P w.s ys,es asu.r, n.nrss .wssa.s�ssm• M. al.C.* pe n �yw rq .ws. I"•••• rsy Cit of Clearwater Comprehensive Plan 2021 "Exhibit A-3"