Consistency – Status Report/Update

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PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
MEETING DATE:
March18.2009
SUBTECT:
Consistency
Report:StatusReportandFollow-UpActions
RECOMMENDATION:
CouncilReceiveandDiscussasDeemedAppropriate
(InformationOnly - No ActionRequired)
I
BACKGROUND
in their role as the
At their meetingon April 3, 2007,the Board of County Commissioners,
CountywidePlanning Authority (CPA), adoptedthe resolution approvingthe report entitled
Reviewof Local GovernmentFuture Land UsePlans and Land DevelopmentRegulationsfor
Consistencywith the Countywide Rules (Consistency Report). The Consistency Report
identified the amendmentsto be madeto the local governments'comprehensiveplans (plans)
and land developmentregulations(codes) in order to addressinconsistencieswith the
were bestaddressed
CountywideRules.The Reportalsoconcludedthat someinconsistencies
provides
review
of the status of
a
by amendmentsto the Countywide Rules. This memo
amendments
madeto the CountywideRulesandthe localjurisdictions'plansandcodes.
il.
COUNTYWIDE RALES CONSISTENCY AMENDMENTS
On February 17,2009, the CPA adoptedOrdinanceNo. 09-9, amendingthe Countywide
Rules to addressa number of consistencyissues.One of the amendmentsto the Rules
requires the Council staff to provide the local governments with a copy of any
amendmentsto the Rules, with suggestedmodificationsto the local plans and codesthat
may be appropriate,if any, to be performed within one year, to maintain consistencywith
the Rules.By March 11,2009,the Council staff will have forwardedcopiesof the adopted
ordinanceto each of the local jurisdictions with a summary of the matters addressedin the
ordinance.
Two consistencyissues,considerationof a coastalstorm areaconceptand amendmentsto
the density/intensity averaging regulations, were set aside during this last amendment
process.The Council staff will, over the next few months, addressboth of these issues
PINELLAS PLANNING COUNCIL ACTION:
COUNTYWIDE PLANNING AUTHORI TY AC TION:
SUBIECft
Consistency
Report:StatusReportandFollow-UpActions
with the Council relative to your direction to consider any further amendment of the
Rules.
NI.
COUNTYWIDE RULES DOCUMENT TO BE UPDATED
Currently, the printed copy of the Countywide Rules includes amendments adopted
through March 19,2007. This current copy of the Rules doesnot include the consistency
amendments adopted last month, or the content of the following four (4) ordinances
adoptedafter March 19,2007:
Ordinance 07-50, providing for alternative density and intensity standardsfor
temporarylodging use,adoptedOctober 16,2007
Ordinance 08-43, amending traffic generation characteristictrip rates, adopted
August26,2008
Ordinance 08-81, addressingthe requirements for submission and review of
developmentagreementsprovided by local jurisdictions as part of a plan map
amendment,adoptedDecember19, 2008
.
Ordinance09-3, amendingthe Preservation(P) CountywidePlan Map categoryand
establishing the Resource Management Overlay (RMO) Plan Map category,
adoptedJanuary29,2009
The Council staff anticipatesprinting and distributing updated copies of the Countywide
Rulesto includethe five (5) ordinancesby the end of June2009.
U.
CONSISTENCY PROCESSRESPONSE BY THE LOCAL JURISIDICTIONS
After the ConsistencyReport was adopted,the Council staff met with local government
staff members,and some electedofficials, to review the ConsistencyReport findings and
to agreeupon the actionsrequiredto bring the local jurisdictions' plans and/orcodesinto
consistencywith the Rules. After the meetingswith each of the local jurisdictions, the
Council staff mailed them lefferssummarizingthe plan and/orcode issuesto be addressed,
as was agreedupon during the meetings.
To date, twenty-one (21) of the local jurisdictions have provided draft, proposed andlor
adoptedplan and/or code amendmentsintended to resolve ConsistencyReport issues.
Many of the local jurisdictions proposed to addressthe plan issuesthrough the State
Department of Community Affairs Evaluation and Appraisal Report- (EAR-) based
comprehensiveplan amendmentprocess.Not all local jurisdictions have yet completed
this process.The Council staff is currently reviewing severalEAR-basedcomprehensive
plan amendmentpackages.The Council staff reviews these plan amendmentsboth for
SUBJEC?1 Consistency
Report:StatusReportandFollow-UpActions
consistencywith the Rules,pursuantto Division 3.3 of the Rules,as well as for resolution
of the ConsistencyReport issues.
Three (3) local jurisdictions have resolvedall of the consistencyissuesidentified in their
plans andlor codes.In the months ahead,after additionaljurisdictions resolve all of their
consistencyissues,the Council staff will ask the Pinellas Planning Council (PPC) and
Countywide Planning Authority (CPA) to begin issuing updated Determinations of
Consistency.
11
CONCLASION
With the adoption of the consistencyamendmentsto the Countywide Rules, and to help
expeditethe resolution of the outstandingConsistencyReport issues,the Council staff
anticipatesmailing customized letters to the twenty-two (22) local jurisdictions with
consistencyissuesyet to be reconciled.The letterswill provide the following:
o Identificationof the plan andlor code issuesremainingto be resolved
o Recommendedtime frame for resolutionof the issues
o Offers to assistwith drafting plan and/or code amendmentordinancesneededto
resolveconsistencyissues
The Council staff anticipatescompletionof the individual lettersto be mailed to the local
jurisdictionsby the end of April 2009.
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