The Countywide Plan Rules

Article 3 – Local Government Consistency Provisions

DIV. 3.1 –

AUTHORITY

DIV. 3.2 –

CONSISTENCY REQUIREMENT

DIV. 3.3 –
LOCAL FUTURE LAND USE PLAN AND LAND DEVELOPMENT REGULATION AMENDMENTS

  SEC. 3.3.1 – Required Procedures

  SEC. 3.3.2 – Appeal of Staff Determination

DIV. 3.1 AUTHORITY.

The specific authority for consistency is contained in Sections 5(7)(b), 10(2), 10(3)(b), and 10(3)(c) of Chapter 88-464, Laws of Florida, as amended, as it relates to all elements of the Countywide Plan, including the Countywide Future Land Use Plan (Countywide Plan Map). The consistency requirements as set forth in these Countywide Rules pertain to the Countywide Plan Map and were derived from Chapter 88-464, Laws of Florida, as amended, and the Countywide Consistency Report.

Chapter 88-464, Laws of Florida, as amended, clearly distinguishes the Countywide Plan Map from the other elements of the Countywide Plan in its application of the consistency requirement. Sections 10(3)(c) and 5(7)(b), Chapter 88-464, Laws of Florida, as amended, define consistency specifically with regard to how the local government future land use elements and plans and local land development regulations, and amendments thereto, relate to the Countywide Plan Map. Section 5(7)(b), Chapter 88-464, Laws of Florida, as amended provides clear direction as to the minimum criteria to be used by the PPC and CPA to evaluate the consistency of local future land use plans and local development regulations, and amendments thereto, with the Countywide Plan Map and these Countywide Rules.

DIV. 3.2 CONSISTENCY REQUIREMENT.

Amendments to local future land use plans and land development regulations shall be consistent with the Countywide Plan Map and the criteria and standards set forth in Article 4, Plan Criteria and Standards of these Countywide Rules.

Consistency, as used in the determination of whether or not a local government future land use plan or land development regulation is consistent with the Countywide Plan Map and these Countywide Rules, shall be construed to mean that the compared item is in accordance with and is within the parameters specified for the item by the criterion to which it is compared. If any one or combination of item(s), required to be compared, deviate or depart in any way from the parameters specified, other than as specifically provided in Chapter 88-464, Laws of Florida, as amended, the compared item shall be deemed to be inconsistent with the norm and shall render the local government plan or land development regulation so compared, inconsistent.

DIV. 3.3 LOCAL FUTURE LAND USE PLAN AND LAND DEVELOPMENT REGULATION AMENDMENTS.

SEC. 3.3.1. REQUIRED PROCEDURES;

Local future land use plan and land development regulation amendments, other than future land use plan map amendments, which deal with any matter addressed by the criteria and standards set forth in Article 4 of these Countywide Rules and which are proposed to be adopted by the local government shall utilize the process set forth herein in order to assure that consistency, once established, is maintained. Local future land use plan map amendments that require a corresponding Countywide Plan Map amendment shall be processed as set forth in Article 5 of these Countywide Rules.

3.3.1.1
Local Government Referral. Amendments to local future land use plans and local land development regulations which relate to and are governed by the criteria and standards in Article 4 of these Countywide Rules shall be submitted by the local government to the PPC not less than twenty-one (21) days prior to the initial public hearing by the governing body.

All such amendments shall have been reviewed by the local government with jurisdiction to determine the consistency of said amendment(s) with these Countywide Rules; and the submission to the PPC shall include an affirmative declaration that the amendment has been determined to be consistent with these Countywide Rules, in particular Article 4, Plan Criteria and Standards, thereof.

3.3.1.2
PPC Staff Review. The PPC staff shall, within fifteen (15) days of the receipt of such proposed amendment, notify the local government if such amendment is not consistent with the criteria contained in these Countywide Rules. Absent such notification, the local government may proceed to adopt such amendment.

If notified by the PPC staff that such amendment is not consistent with the criteria contained in these Countywide Rules, the local government shall be given an opportunity to correct the inconsistency or request a determination by the PPC and CPA prior to adoption of the local ordinance. However, such amendment shall not be adopted by the local government until the issue as to the consistency of the proposed amendment has been reconciled pursuant to this Division.

3.3.1.3
Recording With the PPC. Upon adoption by the local government, a final copy of the ordinance, and any such subsequent codification thereof, for all such amendments shall be filed with and maintained by the PPC.

SEC. 3.3.2 APPEAL OF STAFF DETERMINATION.



3.3.2.1
Appeal to the Pinellas Planning Council. If the local government disputes the PPC staff interpretation, they may request the PPC to review the subject amendment. The PPC will review the staff and local government positions at a public meeting and make a recommended determination concerning the consistency of the proposed amendment. If found consistent by the PPC, the local government may then adopt the proposed local amendment.

If the PPC concurs with staff and finds the item inconsistent, such amendment shall not be adopted by the local government.

3.3.2.2
Appeal to the Countywide Planning Authority. If the local government disputes the determination of the PPC, they may appeal such determination to the CPA. If the CPA determines the amendment to be consistent by a majority plus one vote of the entire CPA, the local government may then adopt the proposed amendment. If the CPA agrees with the PPC and determines the amendment not to be consistent, such amendment shall not be adopted by the local government.

3.3.2.3
Administrative Hearing. If the local government disagrees with the determination of the CPA, the local government may petition for administrative hearing under and pursuant to the Chapter 120, F.S. administrative hearing process as authorized in Chapter 88-464, Laws of Florida, as amended. A final decision shall be rendered by the CPA following any administrative hearing based upon the findings of fact of the hearing officer.

DIV. 3.1 –	AUTHORITY
DIV. 3.2 –	CONSISTENCY REQUIREMENT
DIV. 3.3 –	LOCAL FUTURE LAND USE PLAN AND LAND DEVELOPMENT REGULATION AMENDMENTS

DIV. 3.1	AUTHORITY.

	The specific authority for consistency is contained in Sections 5(7)(b), 10(2), 10(3)(b), and 10(3)(c) of Chapter 88-464, Laws of Florida, as amended, as it relates to all elements of the Countywide Plan, including the Countywide Future Land Use Plan (Countywide Plan Map). The consistency requirements as set forth in these Countywide Rules pertain to the Countywide Plan Map and were derived from Chapter 88-464, Laws of Florida, as amended, and the Countywide Consistency Report. Chapter 88-464, Laws of Florida, as amended, clearly distinguishes the Countywide Plan Map from the other elements of the Countywide Plan in its application of the consistency requirement. Sections 10(3)(c) and 5(7)(b), Chapter 88-464, Laws of Florida, as amended, define consistency specifically with regard to how the local government future land use elements and plans and local land development regulations, and amendments thereto, relate to the Countywide Plan Map. Section 5(7)(b), Chapter 88-464, Laws of Florida, as amended provides clear direction as to the minimum criteria to be used by the PPC and CPA to evaluate the consistency of local future land use plans and local development regulations, and amendments thereto, with the Countywide Plan Map and these Countywide Rules.


DIV. 3.2	CONSISTENCY REQUIREMENT.

	Amendments to local future land use plans and land development regulations shall be consistent with the Countywide Plan Map and the criteria and standards set forth in Article 4, Plan Criteria and Standards of these Countywide Rules. Consistency, as used in the determination of whether or not a local government future land use plan or land development regulation is consistent with the Countywide Plan Map and these Countywide Rules, shall be construed to mean that the compared item is in accordance with and is within the parameters specified for the item by the criterion to which it is compared. If any one or combination of item(s), required to be compared, deviate or depart in any way from the parameters specified, other than as specifically provided in Chapter 88-464, Laws of Florida, as amended, the compared item shall be deemed to be inconsistent with the norm and shall render the local government plan or land development regulation so compared, inconsistent.


DIV. 3.3	LOCAL FUTURE LAND USE PLAN AND LAND DEVELOPMENT REGULATION AMENDMENTS.

SEC. 3.3.1.	REQUIRED PROCEDURES;

	Local future land use plan and land development regulation amendments, other than future land use plan map amendments, which deal with any matter addressed by the criteria and standards set forth in Article 4 of these Countywide Rules and which are proposed to be adopted by the local government shall utilize the process set forth herein in order to assure that consistency, once established, is maintained. Local future land use plan map amendments that require a corresponding Countywide Plan Map amendment shall be processed as set forth in Article 5 of these Countywide Rules.

3.3.1.1	Local Government Referral. Amendments to local future land use plans and local land development regulations which relate to and are governed by the criteria and standards in Article 4 of these Countywide Rules shall be submitted by the local government to the PPC not less than twenty-one (21) days prior to the initial public hearing by the governing body. All such amendments shall have been reviewed by the local government with jurisdiction to determine the consistency of said amendment(s) with these Countywide Rules; and the submission to the PPC shall include an affirmative declaration that the amendment has been determined to be consistent with these Countywide Rules, in particular Article 4, Plan Criteria and Standards, thereof.

3.3.1.2	PPC Staff Review. The PPC staff shall, within fifteen (15) days of the receipt of such proposed amendment, notify the local government if such amendment is not consistent with the criteria contained in these Countywide Rules. Absent such notification, the local government may proceed to adopt such amendment. If notified by the PPC staff that such amendment is not consistent with the criteria contained in these Countywide Rules, the local government shall be given an opportunity to correct the inconsistency or request a determination by the PPC and CPA prior to adoption of the local ordinance. However, such amendment shall not be adopted by the local government until the issue as to the consistency of the proposed amendment has been reconciled pursuant to this Division.

3.3.1.3	Recording With the PPC. Upon adoption by the local government, a final copy of the ordinance, and any such subsequent codification thereof, for all such amendments shall be filed with and maintained by the PPC.

SEC. 3.3.2	APPEAL OF STAFF DETERMINATION.

3.3.2.1	Appeal to the Pinellas Planning Council. If the local government disputes the PPC staff interpretation, they may request the PPC to review the subject amendment. The PPC will review the staff and local government positions at a public meeting and make a recommended determination concerning the consistency of the proposed amendment. If found consistent by the PPC, the local government may then adopt the proposed local amendment. If the PPC concurs with staff and finds the item inconsistent, such amendment shall not be adopted by the local government.

3.3.2.2	Appeal to the Countywide Planning Authority. If the local government disputes the determination of the PPC, they may appeal such determination to the CPA. If the CPA determines the amendment to be consistent by a majority plus one vote of the entire CPA, the local government may then adopt the proposed amendment. If the CPA agrees with the PPC and determines the amendment not to be consistent, such amendment shall not be adopted by the local government.

3.3.2.3	Administrative Hearing. If the local government disagrees with the determination of the CPA, the local government may petition for administrative hearing under and pursuant to the Chapter 120, F.S. administrative hearing process as authorized in Chapter 88-464, Laws of Florida, as amended. A final decision shall be rendered by the CPA following any administrative hearing based upon the findings of fact of the hearing officer.