Pinellas County |
Code of Ordinances |
Part III. LAND DEVELOPMENT CODE |
Chapter 138. ZONING |
Article II. ADMINISTRATION AND ENFORCEMENT |
Division 3. DEVELOPMENT AND LAND USE REVIEW PROCEDURES |
§ 138-84. Type 4 review.
(a)
Purpose. Type 4 review is a public hearing process to consider changes to the comprehensive plan. A Type 4 process requires the board of county commissioners (BoCC) to determine the appropriateness of certain applications/requests based on the comprehensive plan, the countywide rules, and other sound community planning practices.
(b)
Application types. A Type 4 review is required for the following applicable types:
(1)
Comprehensive plan amendments.
(2)
Zone changes and Land Development Code text amendments that are processed concurrent with an associated comprehensive plan amendment.
(c)
Performed by. Type 4 review is performed by the following authorities:
(1)
Development review committee (DRC). The DRC reviews the application/request, writes a staff report, and provides a recommendation to the local planning agency (LPA).
(2)
Local planning agency (LPA). The LPA reviews the application/request, conducts a public hearing, and makes a formal recommendation to the BoCC.
(3)
Board of county commissioners (BoCC). The BoCC reviews the application/request, reviews the DRC staff report, reviews LPA recommendation and findings, conducts a public hearing, and takes final action whether to change the Pinellas County Comprehensive Plan and/or Future Land Use Map.
(4)
Countywide planning authority (CPA). The BoCC, in its role as the CPA, reviews Comprehensive Plan amendments when the request will require changes to the countywide land use plan. Where authorized by the countywide rules, the CPA reviews the application/request, reviews staff reports and recommendations, conducts a public hearing, and takes final action pertaining to the countywide land use plan pursuant to the countywide rules.
(d)
Result. Type 4 reviews will result in a written determination.
(e)
Appeal process and authority. Type 4 review decisions may be appealed per Table 138.77 and per section 134-14.
(f)
Review procedure.
(1)
The applicant shall file a formal application with the county.
a.
The application shall include, at a minimum:
1.
Applicant, owner, and property information.
2.
Description of the request.
b.
The following Table 138.84.a—Level 4 Review Procedure, outlines the general review procedures for Type 4 submittals.
Table 138.84.a — Level 4 Review Procedure
Small-Scale Amendment(s)
Applications/Reviews
■ Small scale amendments as defined by the State
■ Associated Zoning Atlas Changes (Review Type 3) may run concurrently
Expedited State Review Amendment(s)
Applications/Reviews
■ Comprehensive Plan amendments except for small scale and state coordinated review.
■ Associated Zoning Atlas Changes and Land Development Code text amendments (Review Type 3) may run concurrently
↓
↓
Pre-Application Meeting (recommended)
County Staff
First Recommendation Body
Development Review Committee (DRC)
First Recommendation Body
Development Review Committee (DRC)
↓
↓
Second Recommendation Body
Local Planning Agency (LPA)
Second Recommendation Body
Local Planning Agency (LPA)
↓
↓
Pinellas County Adoption Hearing
Board of County Commissioners (BoCC)
Pinellas County Transmittal Hearing
Board of County Commissioners (BoCC)
↓
↓
Result ADOPTION HEARING
■ Written Notice of official action
■ If Denial, the request does not continueResult TRANSMITTAL (1st)HEARING
■ Written Notice of official action
■ If Denial, the application does not continue
Countywide Planning Authority Hearing(*, (b))
Countywide Planning Authority (CPA)
*Required when involving changes to the Countywide Plan
Countywide Planning Authority Hearing(*, (b))
Countywide Planning Authority (CPA)
*Required when involving changes to the Countywide Plan
↓
↓
Transmit to State(a)
State land planning agency
Effective date 31 days after adoption if no
challenges filed to the State
Transmit to State(a)
State land planning agency
↓
Pinellas County Adoption (2nd) Hearing
Board of County Commissioners (BoCC)
↓
Result TRANSMITTAL HEARING
■ Written Notice of official action
Notes:
a. Type 4 Comprehensive Plan amendments involve and require certain coordination with the State of Florida subject to state statutes.
b. All Comprehensive Plan amendments that required amendments to the Countywide Plan shall be contingent upon the approval of the necessary amendments to the Countywide Plan and compliance with also secure approval pursuant to the Countywide Rules. This may affect the Type 4 process.
c. Appeals may be sought pursuant to section 138-84 (e).
(Ord. No. 18-36 , § 3(Att. B), 10-23-18)