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EAR-BASED AMENDMENT FORUM

EAR-BASED AMENDMENT FORUM. ENSURING CONSISTENCY. Basis for Consistency Requirement Understanding the Requirements Special Requirements in Pinellas County. A foolish consistency is the hobgoblin of little minds. Ralph Waldo Emerson. Basis for Consistency Requirement.

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EAR-BASED AMENDMENT FORUM

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  1. EAR-BASED AMENDMENT FORUM

  2. ENSURING CONSISTENCY • Basis for Consistency Requirement • Understanding the Requirements • Special Requirements in Pinellas County

  3. A foolish consistency is the hobgoblin of little minds. Ralph Waldo Emerson

  4. Basis for Consistency Requirement • Growth Management Act (Chapter 163, Part II, Florida Statutes) • Minimum Criteria for Determining Compliance (Chapter 9J-5, Florida Administrative Code)

  5. Growth Management Act • The “several elements…shall be consistent…” • The “plan elements are consistent with the state comprehensive plan and the…regional policy plan…”

  6. Chapter 9J-5 • Determination of “in compliance” requires consistency with: • Specific sections of the Growth Management Act • Regional policy plan • State comprehensive plan • Chapter 9J-5 • Internal consistency

  7. UNDERSTANDING THE REQUIREMENTS • Consistency with the state and regional plans • Consistency with the Act • Internal consistency

  8. Consistency with state and regional plans and the Act

  9. Determining consistency • The state or regional plan shall be construed as a whole…no policy shall be applied in isolation from the other polices in order to determine consistency.

  10. More on determining consistency • A plan is consistent if: • it is “compatible” with – “not in conflict” with the state plan and regional plan, and • it “furthers” – or takes action toward realizing goals or policies of the state plan and regional plan.

  11. Example of determining consistency State Plan Local Plan Strategy to construct arts facilities No requirement for arts facilities and no prohibition on arts facilities “Not in conflict”

  12. Example, part 2 State Plan Local Plan Strategy to construct arts facilities Policy encouraging arts component in large commercial projects “Furthers”

  13. Consistency with the regional plan • Future of the Region: Strategic Regional Policy Plan • Direction-setting document • Contains goals and policies to be “reasonably applied” where economically and environmentally feasible • Five topic areas • Regionally significant facilities and resources

  14. More on the regional plan • Five topic areas: • Affordable housing • Economic development • Emergency preparedness • Natural resources • Regional transportation system • Ensure consistency with regionally significant facilities and resources • Inventory and maps in the plan

  15. Internal consistency in 9J-5 • Required and optional elements shall be consistent with each other: • Same general format • Same data for all applicable elements • Specifically must use same population estimates and projections

  16. Internal consistency

  17. Example of consistent data

  18. Another example of consistent data

  19. CONSISTENCY WITH PPC RULES • Special Act establishes PPC • PPC adopted Countywide Rules to provide criteria for determining consistency

  20. Special Act requires consistency of local plans with the countywide comprehensive plan – specifically the Countywide Future Land Use Plan and the rules for determining consistency

  21. Names of land use categories • Classification of land uses • Density and intensity standards • Use and location characteristics • Map of future land uses • Special rules • Scenic corridors • Transfer of development rights • School facilities • Coastal high hazard areas • Special area plans

  22. QUESTIONS & ANSWERS

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