Article 4 – Plan Criteria and Standards
DIV. 4.1 – APPLICABILITY
DIV. 4.2 – CRITERIA AND STANDARDS
- SEC. 4.2.1 – Nomenclature
- SEC. 4.2.2 – Major Classifications and Categories/Continuum
- SEC. 4.2.3 – Density/Intensity Standards
- SEC. 4.2.4 – Use/Locational Characteristics
- SEC. 4.2.5 – Map Delineation
- SEC. 4.2.6 – Other Standards
- SEC. 4.2.7 – Special Rules
• Residential • Mixed Use • Commercial • Industrial • Public/Semi-Public • Planned Redevelopment • Special Designations
* Based on Underlying Density/Intensity ** Due to the unique nature of the Special Designations there is no continuum comparison between or among these categories.
A local future land use plan may include, from among the listed categories, as few or as many of such categories as the local government determines appropriate to its plan.
4.2.2.3 Continuum. With respect to the continuum referenced in Chapter 88-464, Laws of Florida, as amended, a local future land use category that reflects a countywide category of equal or lesser density/intensity within the same major classification shall be considered consistent (Section 5(7)(b) and 10(3)(c), Chapter 88-464, Laws of Florida, as amended). However, there shall be no continuum comparison among or between the Special Designation categories.
4.2.2.3.1 A local future land use plan designation of Preservation shall be considered less dense/intense than all other Countywide Plan Map designations.
4.2.2.3.2 A local future land use plan designation of Recreation/Open Space shall be considered less dense/intense than all other Countywide Plan Map designations except Preservation.
SEC. 4.2.3 DENSITY/INTENSITY STANDARDS. 4.2.3.1 Provision for Comparison. Each local future land use category shall either:
• Identify specifically the density/intensity standard which shall be applicable to said category, consistent with the applicable standard as set forth in the Countywide Plan Map and these Countywide Rules; or
• Provide a definitive statement that the pertinent density/intensity standard shall comply with the applicable standard as set forth in the Countywide Plan Map and these Countywide Rules and shall be specifically set forth in the corresponding local land development regulations.
4.2.3.2 Required Consistency. A local future land use plan with no required reference to, or specific standard for, and any local land development regulation that does not specifically set forth the required density/intensity standard, shall be inconsistent with the Countywide Plan Map and these Countywide Rules. As required by Chapter 88-464, Laws of Florida, as amended, the local future land use plan, and corresponding land development regulation category, shall be considered consistent provided the applicable density/intensity is equal to or less than the density/intensity of the corresponding Countywide Plan Map category.
4.2.3.3 Measurement of Density/Intensity. At a minimum, local future land use plan and local development regulation standards will include the following measures of density/intensity:
• Residential – Dwelling units per gross acre (D.U./Acre)
• Residential Equivalent – Equivalent beds per dwelling unit and impervious surface ratio (ISR)
• Non-Residential – Impervious surface ratio (ISR) and floor area ratio (FAR)
• Transient Accommodation – Transient accommodation units per acre and impervious surface ratio (ISR)
• Mixed Uses – The combination of the applicable above referenced standards, when allocated in their respective proportion of the total lot area.
Density and intensity standards are expressed as a maximum, with the upper end of any range being the effective maximum for each category as set forth in Article 2 of these Countywide Rules.
4.2.3.4 Provision for Adjustment. Adjustment of intensity standards for floor area ratio (FAR) and impermeable surface ratio (ISR) is provided for as set forth in Division 6.4 of these Countywide Rules. The provision for adjustment of intensity standards shall be considered a legitimate means by which to administer these Countywide Rules, but shall not be construed to qualify or in any manner diminish the requirement for definitive intensity standards in the local future land use plan and land development regulations, consistent with the Countywide Plan Map and these Countywide Rules.
4.2.3.5 Affordable Housing. A density bonus may be authorized by local government to the otherwise applicable maximum permitted density for each category as an incentive to provide affordable housing. This affordable housing density bonus may permit an increase in the number of dwelling units allowed, based on the number of units which qualify and are set aside as affordable housing units, as provided for in the local government plan. No Countywide Plan Map amendment is required to employ this density bonus.
In order for a local government to utilize this affordable housing density bonus, the local government shall have an approved affordable housing plan and corresponding land development regulations which shall be filed with the Council.
SEC. 4.2.4 USE/LOCATIONAL CHARACTERISTICS. Local future land use categories shall establish a description of appropriate uses and proper locations, in sufficient detail, so as to be determined comparable to and consistent with said characteristics for each Countywide Plan Map category as set forth in these Countywide Rules. Each local government designation in the local land development regulations must be consistent with the local future land use category and the corresponding Countywide Plan Map category.
4.2.4.1 Locational characteristics as set forth in the local government land use plan or land development regulations shall be consistent with and sufficiently detailed so as to be comparable to the corresponding Countywide Plan Map category as enumerated in these Countywide Rules.
4.2.4.2 Use characteristics as set forth in the local government land use plan or land development regulations shall be considered consistent where they are comparable to, less extensive than, or more narrowly defined than, the corresponding enumerated list of primary and secondary use characteristics for each category under these Countywide Rules; provided, however, such use characteristics in the local plan or regulations shall not exceed the parameters of, or provide for uses not allowed under, the respective categories of these Countywide Rules, except as expressly and specifically provided in Section 4.2.4.3.
Primary uses are a principal use identified under the use characteristics of each category and represent those uses which the category is primarily designed to accommodate. Secondary uses are a principal use identified under the use characteristics of each category and represent those uses which the category is designed to accommodate as a secondary priority. Uses consistent with either primary or secondary use characteristics identified in a particular category shall be considered to have met this criterion for consistency.
4.2.4.3 Uses in the local government land use plan and land development regulations may provide for use characteristics not normally allowed under the respective category of these Countywide Rules, subject to all of the following criteria:
1. Uses in the local government plan and regulations may include, but shall not exceed, the use characteristics of another category under the same Major Classification of these Countywide Rules; and
2. This Section 4.2.4.3 shall apply only to and exclusively within the respective Residential, Mixed Use, Commercial, or Industrial Major Classifications of these Countywide Rules; and
3. This Section 4.2.4.3 shall not apply to any property located on a Scenic/Non-Commercial Corridor of these Countywide Rules; and
4. This Section 4.2.4.3 shall not apply to any property which has an area of more than three (3) acres in the Residential or Mixed Use Major Classification or more than five (5) acres in the Commercial or Industrial Major Classification; and
5. Uses in the local government plan and regulations shall be subject to specified provisions of the local plan governing compatible land use relationships and shall further be subject to all applicable density/intensity standards and traffic generation rates which govern the local plan map category in which the subject use is located, or the Countywide Plan Map category in which the subject use is located, whichever is more restrictive, said determinations to be made as follows:
a. The maximum permitted density shall not exceed the maximum number of dwelling units per acre permitted under the land use category of record in the local plan or the Countywide Plan Map, whichever is more restrictive;
b. The maximum permitted intensity shall not exceed the maximum floor area ratio (FAR) or the maximum impermeable surface ratio (I.S.R.) permitted under the land use category of record in the local plan or the Countywide Plan Map, whichever is more restrictive; and
c. The maximum permitted density and/or intensity of use shall be further limited such that no additional traffic is generated above that which would have been produced by the maximum density/intensity of the uses otherwise permitted in the category of record in the local plan or the Countywide Plan Map, whichever is more restrictive. Traffic generation rates shall be calculated based upon the Countywide Plan standard for the land use category of record or as provided for under the local plan and regulations, whichever shall be the more restrictive.
A. To preserve and enhance scenic qualities found along these corridors and to foster community awareness of the scenic nature of these corridors.
B. To encourage superior community design and enhanced landscape treatment, both outside of and within the public right-of-way.
C. To encourage land uses along these corridors which contribute to an integrated, well planned and visually pleasing development pattern, while discouraging the proliferation of commercial, office, industrial or intense residential development beyond areas specifically designated for such uses on the Countywide Plan Map.
D. To assist in maintaining the traffic operation of roadways within these corridors through land use type and density/intensity controls, and by conformance to access management regulations, by selective transit route location, and by the development of integrated and safe pedestrian and bicycle access systems.
E. To encourage design standards identified within the “Pinellas County Countywide Scenic/Non-Commercial Corridor Master Plan” through the adoption of local ordinances and regulations consistent with those standards set forth within the Master Plan.
4.2.7.1.3 Delineation of Scenic/Non-Commercial Corridors shall be as follows:
A. Corridors shall be as set forth within Article 2, Section 2.3.3.8.2, and as depicted on the Countywide Plan Map and Submap No. 1 entitled “Countywide Scenic/Non-Commercial Corridor Map“ (Submap No. 1).
B. All corridors or portions (segments) thereof shall be classified as either “Rural/Open Space”, “Residential”, “Mixed Use”, “Unique/Scenic View”, or “Enhancement Connector” as identified on the Scenic/Non-Commercial Corridor Map, as approved and as it may be subsequently amended. Corridor subclassifications are intended to be consistent with the corresponding approved Countywide Plan Map categories as enumerated in the Scenic/Non-Commercial Corridor Plan Element. Upon amendment of the Countywide Plan Map adjacent to a Scenic/Non-Commercial Corridor, the Corridor Subclassification (and all standards which apply) shall be changed concurrently to be consistent with the amended Countywide Plan Map categories. Specifically, any amendment of the Countywide Plan Map adjacent to a Scenic/Non-Commercial Corridor will include, as a function of that amendment, any requisite change to the Corridor Subclassification and said change will be reflected on Submap No. 1 concurrent with the effective date of the Countywide Plan Map amendment, except as specifically provided for herein:
The PPC and CPA shall have the authority to grant exceptions to the concurrent change to the Corridor Subclassification, as reflected on Submap No. 1, upon approval of an amendment to the Countywide Plan Map adjacent to a Scenic/Non-Commercial Corridor, based upon a finding that:
1. The size and configuration of the amendment is diminimus in relationship to its frontage on the affected Scenic/Non-Commercial Corridor; or
2. The size and configuration of the amendment is diminimus in relationship to the length of the affected Scenic/Non-Commercial Corridor; or
3. The size and location of the amendment is consistent in relationship to the surrounding existing Countywide Plan Map designations.
C. Corridor width shall be determined, considering the depth of each land use which abuts or functionally relates to the roadway right-of-way, from a land use, visual or traffic operations standpoint, generally to a depth of 500 feet (measured from the right-of-way that is required to implement the current M.P.O. Long Range Transportation Plan). The five hundred (500) feet distance may be expanded or diminished at the discretion of the Pinellas Planning Council and Countywide Planning Authority for the purpose of reviewing amendments to the Countywide Plan Map only where exceptional circumstances warrant, based upon, but not limited to, the following considerations:
1. The distance to and sight-line for a particular scenic view or visual characteristic;
2. Access from the property in question to the Scenic/Non-Commercial Corridor and its relationship thereto; and
3. The location and degree to which any man-made structure or natural feature interrupts or precludes a view or visual relationship from the roadway.
A. Countywide Plan Map Consistency – The extent to which the local government request is consistent with the following Table 2 “Countywide Plan Map/Corridor Classification Consistency.” Nothing in these consistency guidelines shall preclude a local government from being more restrictive, i.e., to determine that a particular category shall not be considered consistent with a particular corridor subclassification, irrespective of provision for same in Table 2.
B. Considerations by Countywide Plan Map Classification
1. Residential Countywide Plan Map Classification – With respect to a Residential Countywide Plan Map classification, the extent to which the local government request discourages the intensification of residential use on a Scenic/Non-Commercial Corridor. In particular, an amendment to the Countywide Plan Map to increase residential density shall be discouraged, except where such amendment is determined to be consistent with the existing delineation of Countywide Plan Map categories, adjoining existing use, and the purpose and intent of the Scenic/Non-Commercial Corridor Plan Element as applied through these Countywide Rules and the otherwise applicable amendment process.
2. Mixed Use, Commercial, or Industrial Countywide Plan Map Classifications – With regard to Mixed Use, Commercial or Industrial Countywide Plan Map classifications:
a. The extent to which the local government request discourages non-residential uses on a Scenic/Non-Commercial Corridor. In particular, amendment to the Countywide Plan Map to allow a new or expanded Mixed Use, Commercial or Industrial category shall be discouraged, except where such amendment is:
i. the logical in-fill, extension or terminus of an existing non-residential classification; and
ii. the logical in-fill, extension or terminus of an adjoining existing non-residential use; and
iii. considered in relationship to the existing delineation of surrounding categories on the Countywide Plan Map and Corridor Subclassification(s); and
iv. consistent with the purpose and intent of the Scenic/Non-Commercial Corridor Plan Element as applied through these Countywide Rules and the otherwise applicable amendment process.
b. The extent to which the local government request minimizes any increase in density/intensity on a Scenic/Non-Commercial Corridor. Specifically, in reviewing any application for non-residential use on a Scenic/Non-Commercial Corridor, the proposed density/intensity of use as measured by dwelling units per acre, floor area ratio and impervious surface ratio, as is applicable, shall be considered with the objective of not exceeding the density/intensity of either the adjoining non-residential uses or the mid-point of the range for the density/intensity standards of the applicable category, whichever is less.
3. Public/Semi-Public Countywide Plan Map Classifications – With respect to Public/Semi-Public Countywide Plan Map classifications, the extent to which the local government request provides for Public/Semi-Public categories consistent with the character, intensity and scale of the uses permitted within these respective categories in relation to the existing delineation of Countywide Plan Map categories, adjoining existing use, the need for and service area of the public/semi-public use, and the purpose and intent of the Scenic/Non-Commercial Corridor Plan Element as applied through these Countywide Rules and the otherwise applicable amendment process.
4. Special Designations and Planned Redevelopment Classification – Those Countywide Plan Map categories that require a special area plan under Section 4.2.7.5 shall be evaluated as part of the special area plan review process to determine their consistency with the purpose and intent of Section 4.2.7.1.
C. Scenic/Non-Commercial Corridor Plan Element – The extent to which the local government request has taken into account the Scenic/Non-Commercial Corridor Plan Element, including the Goals, Objectives, and Policies articulated within the plan element, as is relevant to the particular amendment under consideration. Consistent with its advisory nature, the Scenic/Non-Commercial Corridor Plan Element shall not serve as a basis for denial of an amendment.
D. MPO Long Range Transportation Plan – The extent to which the local government request has taken into account the current MPO Long Range Transportation Plan, and any enhanced access management standards, as is relevant to the particular roadway under consideration. Particular consideration shall be given to the established policies of the governmental entity having construction and maintenance responsibility over the subject facility.
E. Countywide Sign Regulations – The extent to which the local government request has taken into account the Countywide Sign Ordinance, Part III Chapter 162, as amended, of the Pinellas County Land Development Code including provisions which govern the placement of off-premise signs, as is relevant to the particular amendment under consideration.
Table 2
Future Land Use Plan/Corridor Classification
Consistency GuidelinesFuture Land Use Plan Designation Rural/
Open SpaceResidential Mixed
UseUnique/
Scenic
ViewEnhancement
CorridorResidential Residential Rural (RR) X X X -- X Residential Estate (RE) X X X -- X Residential Suburban (RS) -- X X -- X Residential Low (RL) -- X X -- X Residential Urban (RU) -- X X -- X Residential Low Medium (RLM) -- -- X -- X Residential Medium (RM) -- -- X -- X Residential High (RH) -- -- X -- X Residential Very High (RVH) -- -- X -- X Mixed Use Residential/Office Limited (R/OL) -- -- X -- X Residential/Office General (R/OG) -- -- X -- X Residential/Office/Retail (ROR) -- -- X -- X Resort Facilities Overlay (RFO) -- -- -- -- X Resort Facilities Medium (RFM) -- -- -- -- X Resort Facilities High (RFH) -- -- -- -- X Commercial Commercial Neighborhood (CN) -- -- X -- X Commercial Limited (CL) -- -- X -- X Commercial Recreation (CR) -- -- X -- X Commercial General (CG) -- -- X -- X Industrial Industrial Limited (IL) -- -- -- -- X Industrial General (IG) -- -- -- -- X Public/Semi-Public Preservation (P) X X X X X Recreation/Open Space (R/OS) X X X X X Institutional (I) -- X X -- X Transportation/Utility (T/U) -- X X -- X An “X” indicates that the Countywide Plan Map category may be considered potentially consistent, subject to all other applicable criteria, with the corresponding Corridor Classification. The absence of an “X” indicates that the Countywide Plan Map category is not considered compatible with the Corridor Classification, unless a specific finding to the contrary is made in accordance with Sec. 4.2.7.1.3 B.
It is the intent of this provision to discourage the proliferation of non-residential use and to monitor any increase in the density/intensity on a Scenic/Non-Commercial Corridor.
4.2.7.2 Transferable Development Rights. 4.2.7.2.1 Transfer of density/intensity shall be as provided for in the applicable local government comprehensive plan and land development regulations, subject to the following:
A. The land use characteristics within any given Countywide Plan Map category shall be consistent with those land use characteristics enumerated for each Countywide Plan Map category and no transfer of density/intensity shall be permitted which is inconsistent with the use characteristics of a given Countywide Plan Map category.
B. There shall be no transfer of development rights from existing developed property, irrespective of whether or not that property has been developed to the maximum density/intensity permitted under the Countywide Plan and Countywide Rules, except for archaeological, historical, or architectural preservation purposes, or according to an approved redevelopment plan, consistent with the enumerated policies and locations as set forth in the local government comprehensive plan, and approved by the PPC and CPA.
C. The maximum permitted density/intensity of any parcel of land to which density/intensity is transferred (receiving parcel) shall not exceed the density/intensity standards for said parcel as set forth in the Countywide Plan Map and these Countywide Rules, except as specifically provided for below:
1. For parcels within an area designated CBD or CRD on the Countywide Plan Map, transfer of development rights within the CBD or CRD category shall be in accordance with the terms for transfer and permitted maximum density/intensity of the approved special area plan.
2. For parcels receiving density/intensity transferred from a designated environmental, open space, archaeological, historical or architecturally significant site, density/intensity may exceed the otherwise applicable density/intensity of the Countywide Plan Map category for the receiving parcel by an amount not to exceed twenty (20) percent of the otherwise permitted maximum. Such increase may be permitted in addition to any other density/intensity increase or bonus permitted by these Countywide Rules.
3. For parcels within a designated redevelopment area, density/intensity may exceed the otherwise applicable maximum density/intensity of the Countywide Plan Map category for the receiving parcel by an amount not to exceed twenty (20) percent of the otherwise permitted maximum, provided that the special area plan makes specific provision for such transfer, has been determined consistent with the Countywide Plan and Countywide Rules, and has been approved by the PPC and CPA. Such increase may be permitted in addition to any other density/intensity increase or bonus permitted by these Countywide Rules.
D. Where development rights are transferred from a sending parcel, that property shall only be used in a manner and to the extent specified in the transfer and recording mechanism. Any site from which development rights are transferred will be limited to the use and density/intensity that remains after the transfer. In particular:
1. The residual development rights on the sending parcel will be limited to the remnant use and density/intensity available under the Countywide Plan Map designation and not otherwise transferred.
2. Determination of available remnant use and density/intensity for any mixed use, or combination of district uses, shall be in accord with the consistency criteria as set forth in Sec. 4.2.3 and 4.2.4 of the Countywide Rules.
3. Neither the use nor density/intensity of a sending parcel shall be double counted and the transfer of development rights shall not result in any combination of use or density/intensity above that which was otherwise permitted under the applicable Countywide Plan Map designation for each the sending and receiving parcels, when taken together.
4. A sending parcel from which all development rights are transferred shall not thereafter be available for use except consistent with the use characteristics and density/intensity standards of the Recreation/Open Space category; except for sending parcels classified as Preservation or required to be classified as Preservation as a function of the transfer, in which case such parcels shall be limited to the use characteristics and density/intensity standards of the Preservation category.
E. Where development rights have previously been transferred from a sending parcel through a local government approved or Countywide Plan Map approved process, no additional development rights shall be transferable from that sending parcel.
F. There shall be no transfer of density/intensity from or to submerged land, or from outside the coastal high hazard area into the coastal high hazard area.
G. Where density/intensity cannot otherwise be determined for the Preservation or Recreation/Open Space category based on local government provisions for transfer of development rights, such categories shall be assigned a maximum density/intensity of one (1) dwelling unit or five (5) percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel for any transfer of density under the Countywide Plan Map and these Countywide Rules.
H. Where an entire parcel of property is located in a Preservation or Recreation/Open Space category, and the density/intensity of such parcel has not been and cannot be transferred, such property shall be permitted a minimum beneficial use subject to the various provisions of these Countywide Rules and the Countywide Plan Map, but private property shall not be taken without due process of law and the payment of just compensation.
I. All transfer of development rights shall require the local government having jurisdiction to provide for a recording mechanism, which shall as a minimum, require written evidence of the transfer of density in a document to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County and a record copy of same to be filed with the PPC.
4.2.7.3 Public Educational Facility Siting. 4.2.7.3.1 It is the intent and purpose of this section to provide for and encourage compliance with the Educational Facilities Act of 1995 (Chapters 235 and 163, Florida Statutes) in a uniform and consistent manner.
4.2.7.3.2 These Countywide Rules provide for an exception for Public Educational Facilities to the otherwise applicable threshold limitation for Institutional Uses in Residential and Residential/Office categories.
4.2.7.3.3 In furtherance of the objectives of the Educational Facilities Act and these Countywide Rules, a Model Interlocal Agreement for Public Educational Facility Siting in Pinellas County has been developed for utilization by the Pinellas County School Board and Local Government (attached as Exhibit “A” to Ordinance No. 96-55). This Model Interlocal Agreement is advisory only and provides for an alternative process as authorized under Chapter 235.193(7) and locational review criteria that will help foster a uniform approach to public school siting throughout Pinellas County. Although not required, the Pinellas County School Board and Local Governments are encouraged to utilize the Model Interlocal Agreement for Public Educational Facility Siting in Pinellas County.
4.2.7.4 Coastal High Hazard Areas. 4.2.7.4.1 The Pinellas Planning Council and the Countywide Planning Authority shall deny an amendment to the Countywide Plan Map within the Coastal High Hazard Area (CHHA) which results in an increase of density or intensity; except that they may, at their sole and absolute discretion, consider approving such amendment based upon a balancing of the following criteria, as are determined applicable and significant to the subject amendment:
A. Distinction Between Direct Storm Damage and Damage to Evacuation Routes. The requested amendment is for a parcel that is included within the CHHA because of evacuation difficulties caused by projected storm damage to evacuation routes, not because of predicted storm damage to the parcel, and where it can be established that adequate evacuation routes are available;
B. 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;
C. 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;
D. 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;
E. 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 Boca Ciega Bay), and Tampa Bay;
F. Water Dependent Use. The requested amendment is for uses which are water dependent;
G. 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;
H. Part of Community Redevelopment Plan. The requested amendment is included in a Community Redevelopment Plan as defined by Florida Statutes for a downtown or other designated redevelopment areas;
I. 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 CHHA; and
J. Clustering of Uses. The requested amendment within the CHHA provides for the clustering of uses on a portion of the site outside the CHHA.
4.2.7.4.2 The Pinellas Planning Council and the Countywide Planning Authority shall deny an amendment to the Countywide Plan Map within the CHHA which would permit the siting or expansion of uses that are inconsistent with the CHHA given their susceptibility to storm damage or special evacuation requirements, including hospitals, nursing homes, convalescent homes, adult living facilities, recreational vehicles, and mobile homes; except that they may, at their sole and absolute discretion, consider approving such amendment based upon a balancing of the criteria in Section 4.2.7.4.1, A-J, as are determined applicable and significant to the subject amendment.
4.2.7.4.3 Nothing in these Countywide Rules shall be construed or applied to preclude a local government with jurisdiction from having requirements in the Coastal High Hazard Area that are more restrictive than the terms set forth herein.
4.2.7.5 Special Area Plans. 4.2.7.5.1 Special Area Plans Required. A proposed amendment of the Countywide Plan Map to Residential Very High, Activity Center, Community Redevelopment District, Central Business District, or the Planned Redevelopment categories of Residential, Mixed Use, Commercial, or Industrial shall require a special area plan. Such special area plan shall be approved by official action of the legislative body of the local government in support of the proposed category, in a form sufficient to ensure compliance with the special area plan. The special area plan shall include, at a minimum, information addressing the following:
A. Plan Issues and Objectives
1. Existing land use and related characteristics of the area;
2. Issues to be addressed by the plan; and
3. Plan objectives in relationship to the local government comprehensive plan and Pinellas by Design: An Economic Development and Redevelopment Plan for the Pinellas Community.
B. Plan Composition
1. Permitted uses and any differentiation by location;
2. Density/intensity standards for permitted uses;
3. Design guidelines, if any, appropriate to the plan;
4. Affordable housing provisions, if any, appropriate to the plan;
5. Mixed-use provisions, if any, appropriate to the plan;
6. Special provision for mobility and circulation, including mass transit, access management, parking, pedestrians, and bicycles;
7. Identification of and reference to land development regulations that implement the plan;
8. Public and/or private improvements, contributions and/or incentives, if any, appropriate to the plan; and
9. The local government plan approval process.
C. Plan Impacts
1. 1. Identification of water, sewer, and stormwater drainage impacts that may be anticipated based on the plan, identification of overall system capacities, and an analysis of the difference between these anticipated impacts on the systems as compared to the impacts based on the current Countywide Plan Map designations; and
2. Relevant Countywide Consideration, as enumerated in Sections 5.5.3.1.1 through 5.5.3.1.6.
The special area plan must address the above items in one document, but to accomplish this the local government may reference other documents (e.g., the local government’s comprehensive plan or implementing land development regulations) as appropriate.
The proposed Countywide Plan Map amendment, along with the special area plan, shall be reviewed in accordance with the provisions of Article 5 of these Countywide Rules.
4.2.7.5.2 Progress Assessment. The local government shall provide an assessment of the special area plan’s progress with respect to its enumerated objectives five years from the effective date of a Countywide Plan Map amendment for such special area plan, which report shall be submitted to the PPC and CPA for receipt and acceptance.
4.2.7.5.3 Changes to Approved Special Area Plans. Substantive changes to an approved special area plan shall be reviewed according to the provisions of Article 5 of these Countywide Rules which require recommendation by the PPC and approval by the CPA in the same manner as for new special area plans accompanying Countywide Plan Map amendments. Substantial changes include:
1. Expansion or contraction of the geographic area of the plan;
2. Changes to the permitted uses, or their location within the plan area, if specified;
3. Increase in density/intensity or to projected traffic, water, sewer, or stormwater drainage impacting public infrastructure improvements;
4. Changes affecting the Relevant Countywide Considerations; and
5. Any other change determined by the local government, the PPC or CPA to be a material change to the approved plan, affecting the plan issues and objectives, plan composition or plan impacts that is relevant and fundamental to the basis on which the special area plan was approved and is to be administered under the Countywide Plan and Rules.
Minor plan changes that are not considered substantive shall not constitute an amendment to the Countywide Plan Map, and shall be submitted to the PPC and CPA for receipt and acceptance.
4.2.7.5.3 Relationship of Special Area Plans to Community Redevelopment Area Plans. In the event that a community redevelopment plan per Chapter 163, Part III, Florida Statutes, is prepared for the same area as the special area plan, all applicable provisions of the community redevelopment plan approval process shall be complied with prior to processing of the special area plan for Countywide Plan Map amendment.
