EAR-BASED AMENDMENT FORUM
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Transcript of EAR-BASED AMENDMENT FORUM
EAR-BASED EAR-BASED AMENDMENAMENDMEN
T FORUMT FORUM
September 2006 2
ENSURING CONSISTENCYENSURING CONSISTENCY
Basis for Consistency Requirement
Understanding the Requirements
Special Requirements in Pinellas County
September 2006 3
A foolish A foolish consistency consistency
is the hobgoblin is the hobgoblin of of
little minds.little minds.
Ralph Waldo Emerson
September 2006 4
Basis for Consistency Basis for Consistency RequirementRequirement
Growth Management Act (Chapter 163, Part II, Florida Statutes)
Minimum Criteria for Determining Compliance (Chapter 9J-5, Florida Administrative Code)
September 2006 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…”
September 2006 6
Chapter 9J-5Determination of “in
compliance” requires consistency with:Specific sections of the
Growth Management ActRegional policy planState comprehensive planChapter 9J-5
Internal consistency
September 2006 7
UNDERSTANDING THE UNDERSTANDING THE REQUIREMENTSREQUIREMENTS
Consistency with the state and regional plans
Consistency with the ActInternal consistency
September 2006 8
Consistency with state and regional plans and the Act
PLAN
OR PLANAMENDMENT
REGIONAL POLICY PLAN
STATE COMPREHENSIVE PLAN
GROWTH MANAGEMENT ACT
September 2006 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.
September 2006 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.
September 2006 11
Example of determining consistency
State Plan Local Plan
Strategy to construct
arts facilities
Strategy to construct
arts facilities
No requirement
for arts facilities and
no prohibition on arts
facilities
No requirement
for arts facilities and
no prohibition on arts
facilities
“Not in conflict”
September 2006 12
Example, part 2
State Plan
Strategy to construct
arts facilities
Strategy to construct
arts facilities
Policy encouraging
arts component
in large commercial
projects
Policy encouraging
arts component
in large commercial
projects
Local Plan
“Furthers”
September 2006 13
Consistency with the regional planFuture of the Region:
Strategic Regional Policy PlanDirection-setting documentContains goals and policies to be
“reasonably applied” where economically and environmentally feasible
Five topic areasRegionally significant
facilities and resources
September 2006 14
More on the regional planFive topic areas:
Affordable housingEconomic developmentEmergency preparednessNatural resourcesRegional transportation system
Ensure consistency with regionally significant facilities and resourcesInventory and maps in the plan
September 2006 15
Internal consistency in 9J-5
Required and optional elements shall be consistent with each other:Same general formatSame data for all applicable
elementsSpecifically must use same
population estimates and projections
September 2006 16
Internal consistency
Infrastructure
CapitalImprovements
Optional
Recreation &Open Space
Intergovernmental Coordination
TransportationHousing
Future Land Use
September 2006 17
Example of consistent data
Solid waste facility
Solid waste facility
ParksParksWater & Sewer Plants
Water & Sewer Plants
Land for each use
Land for each use
Housing units
Housing units
POPULATIONPOPULATIONPOPULATIONPOPULATION
September 2006 18
Another example of Another example of consistent dataconsistent data
Coastal protectionstandards
Coastal protectionstandards
Land usestandards Land use
standards Facility
locationsFacility
locations
Futureland use
map
Futureland use
map
Conservationstandards
Conservationstandards
ShorelineShorelineShorelineShoreline
September 2006 19
CONSISTENCY WITH PPC CONSISTENCY WITH PPC RULESRULES
Special Act establishes PPCPPC adopted Countywide
Rules to provide criteria for determining consistency
September 2006 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
September 2006 21
Names of land use categoriesClassification of land usesDensity and intensity
standardsUse and location
characteristicsMap of future land usesSpecial rules
Scenic corridorsTransfer of development rightsSchool facilitiesCoastal high hazard areasSpecial area plans
September 2006 22
QUESTIONS &
ANSWERS