PPC NEW ANNEXATION PROCESS 2000, VOLUME 2
PPC New Annexation
Process 2000
Volume 2
tearwater City Commission
Agenda Cover Memorandum
.rksession Item #:
Final Agenda Item #
Meeting Date: May 4, 2000
SUBJECT/RECOMMENDATION:
New County-wide Voluntary Annexation Process Proposed by the Pinellas Planning Council.
MOTION: Establish the City of Clearwater's position on the proposed County-wide Annexation
Process and recommend revisions in the proposal to the Pinellas Planning Council and the Board of
County Commissioners.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The Pinellas Planning Council has scheduled a public hearing on May 17, 2000 to discuss the
proposed new annexation process and the proposed planning area map. There are five issues which
warrant discussion and direction to the staff and PPC representative. These issues and the Planning
Department's recommendations are as follows:
{!J Revision to the Planning Area Map
The eastern border of Clearwater's planning area should be extended east of McMullen Booth
Road to include the City's sewer treatment plant. Currently, the plant is in Safety Harbor's
planning area. fJI/'IJ-'P11~ (Jr1J~' /'lid.: tl7l%?!'I! '
@ Annexation of Discontiguous Properties pJK!. ~U~ ~~~Ub
The proposal currently requires that all anne~ons be 6t~ti9UOUS to a city's current boundaries,
even if the property is within the planning ~;.. It is recommended that annexations be allowed
within the planning area boundary without regard to contiguity.
o Expedited Process for PPC Review of Non-Controversial Annexations
Currently, the proposal requires a city to notify the PPC and the County of all annexation
applications and the PPC is authorized to review the application for consistency with the planning
area boundaries and annexation compactness. It is recommended that the proposal be revised to
establish an exception for annexa~ within the planning area or for annexations of a certain size
or both. ~ )04c.{/J// ?1fiJ+ -~t.my
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N/A
N/A
Risk Mgmt N/A
Info Srvc N/A
Public Works N/A
DCM/ACM
Other
Originating Dept.: Costs
Planning and Develop. Admin. Total
User Dept.:
Planning Current FY
Attachments:
Staff Report
Ordinances
Reviewed by:
Legal
Budget
Purchasing
Funding Source:
CI
OP
Other
Submitted by:
City Manager
'i.l) Printed on recycled paper
(2) None
Appropriation Code:
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4. Amortization of Enclaves X ~ 1JYP
It is recommended that the proposal authorize a city to involuntarily annex existing enclaves within
a city's planning area after a specified period of time. This proposal is intended to recognize the
intensely urban pattern of development in this county and improve the effective delivery of
municipal services within a reasonable planning timeframe.
.
Agenda Cover Memorandum
New Annexation Process
Page 2
@ Annexation of Property outside of Planning Area
Currently, the proposal disallows annexations outside of a planning area even though the
annexation is voluntarily requested by the property owner. It is recommended that voluntary
annexations be allowed outside of a planning area if not within any other city's planning area and
if contiguous to the city's current boundaries.
The current draft of the annexation proposal is attached (Draft No.6, dated May 17, 2000).
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. ORDINANCE NO. 6535-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ANNEXATION; PROVIDING THAT THE CITY OF
CLEARWATER SHALL NOT ANNEX PROPERTY SOUTH OF
BELLEAIR ROAD THROUGH . THE CLOSE OF THE 2001
FLORIDA LEGISLATIVE SESSION; PROVIDING FOR FURTHER
ASSESSMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater and the City of Largo have participated in a conflict
resolution procedure pursuant to Florida Statutes, Chapter 164 conceming a dispute over the
Belleair Road annexation boundary and through a conflict assessment meeting and a joint public
meeting of the two govemin~ bodies an agreement was reached; and
WHEREAS, under said agreement: each municipality shall observe Belleair Road as an
appropriate boundary south of which the City of Clearwater shall not annex property and north of
which the City of Largo shall not annex property; the municipalities shall enter into an Interlocal
Agreement setting forth these terms; the municipalities shall seek legislative delegation support
for, and approval by the Florida Legislature of, a Special Act mandating said boundary, or in the
alternative by an amendment to the Pinellas County Charter; and the municipalities shall each
adopt an ordinance stating that in the interim they shall observe the Belleair Road boundary in
processing and approving annexations; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater shall not annex any real property located south of
Belleair Road from the effective date of this Ordinance through the close of the regular session of
the Florida Legislature to be held in 2001. If at that time a Special Act of the legislature setting
forth Belleair Road as the annexation boundary between the cities of Clearwater and Largo has
not been adopted, or an amendment to the Pinellas County Charter accomplishing that purpose
has not been adopted and any necessary referendum approval therefor obtained, the governing
bodies of the City of Clearwater and the City of Largo, or their designated staff, shall meet in order
to assess any further action necessary to establish Belleair Road as the annexation boundary.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 6, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
, ..' ..' r?~
., ~ ~ #".:~,
Leslie K. Dougall-SId )
Assistant City Attor~y
Cynthia E. Goudeau
City Clerk .
Ordinance No, 6535-00
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(]:/) The process should allow annexation of properties that are within the annexation area but are
~us to the existing boundaries. The annexation area boundaries are based on the
relevant city's ability to provide services; therefore, relieffrom the contiguity requirement will
greatly assist in the elimination of enclaves that inhibit efficient service.
The PPC has scheduled the proposed voluntary annexation process for action on May 17, 2000.
Staff is requesting Commission direction on this issue.
Dave Healey, Executive Director of the Pinellas Planning Council would like to attend the May 1 st
City Commission workshop to make a presentation on this proposal and to receive comments.
With your concurrence, please schedule this item for the May 1 st workshop. Thank you.
Attachments:
Draft legislation
Part of Exhibit 1 (Map of Areas Eligible for Annexation)
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such area. Findings of noncompliance by the CPA does not prohibit a municipality from
proceeding with the annexation, however, any party affected by the annexation, the PPC or
the CPA, may appeal an annexation by a municipality to Circuit Court. An appeal filed by
PPC or the CPA would be subject to the Florida Governmental Conflict Resolution Act.
The proposed legislation will result in four differences from the existing voluntary annexation
process.
. Voluntary annexations must occur within defined areas eligible for annexation;
. PPC staff shall review all voluntary annexation applications instead of only those exceeding
ten (10) acres in area;
. The current prohibition on creating unincorporated enclaves is eliminated; and
. There is potential for a "full review" by the PPC and the CPA if noncompliance with the
criteria is determined by PPC staff Annexation of a property determined by the PPC to be
noncompliant could be appealed by the PPC or the CPA.
l' p!J!J: The Planning Department recommends that the following five major issues be addressed in the
~ mapping process and proposed ordinance.
~ (y The countywide annexation map should be amended along the eastern border of Clearwater's
annexation area to include the City's existing sewer treatment plant within our annexation
area. The treatment plant is located on the east side of McMullen Booth Road north of SR
580 and appears to be shown in Safety Harbor's annexation area. The Planning Department
believes that while McMullen Booth Road generally is a logical border, Clearwater's
annexation area should include all of its major capital investments.
2. Any areas of unincorporated Pinellas County that are not located within any city's annexation
area should be available for annexation pursuant to Florida Statutes regarding annexation (i.e.,
subject to the contiguity and compactness requirements).
(!) The annexation review by the Pinellas Planning Council should include an expedited process
for properties within the annexation area which was the intent of the original proposal.
Currently, the ordinance contemplates delegation of certain applications to the PPC staff;
however, the detailed process has not been drafted for review. /~/()ac -f J-k) I!~~
~ b;~~~ fik:ItV4f-
('~ Any enclaves located within a city's annexation area that still remain as enclaves in ten years 0
L/ from the effective date of this ordinance shall be subject to involuntary annexation by the
appropriate city.
~ ~ flCPlj. ~)J&7 Of! rYes - fjjtP~,1~
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To:
Michael Roberto, City Man~g/~
Ralph Stone, Planning DirfiJ{V
From:
Date:
April 11, 2000
RR
Voluntary Annexation Process
The Pinellas Planning Council (PPC) is developing a voluntary annexation process for Pinellas
County that defines the areas eligible for future voluntary annexation by each municipality in the
County, along with review and appeal procedures. The proposed process is specifically intended
to replace the review for ability to serve for annexations of ten (10) acres or more now conducted
by the ppc.
The PPC staff began this process by reviewing all individual service and planning area agreements
and developing maps depicting water, sewer, and fire service areas, as well as planning areas for
each municipality. Once those maps were complete, PPC staff met with each jurisdiction to
discuss the boundaries. After receiving input from local governments, a countywide map
portraying the areas eligible for annexation was developed.
This proposed voluntary annexation process requires an amendment to the Pinellas County
Charter. The Board of County Commissioners will have to approve placing the proposed process
on the ballot for a referendum, as well as on the annexation boundary map. The basic provisions
of the proposed voluntary annexation ordinance are as follows:
. Any property proposed for annexation by a particular city must be located within that city's
eligible area for annexation as illustrated on the countywide annexation map.
. Any property proposed for annexation must be contiguous to the current annexmg city
boundaries and reasonably compact as currently required by 171 F.S.
. Any annexing municipality must notify the PPC of any proposed annexation within five days
of receipt of the annexation petition. PPC must review any application for compliance with
the contiguity and compactness criteria, as well as criteria relating to municipal boundary
conflicts.
. .Any party affected by the proposed annexation can petition the PPC and the Countywide
Planning Authority (CPA) to review the proposed annexation for consistency with the criteria
and procedures specified in the legislation. Any affected party includes any person or firm
owning property proposed for annexation or any governmental unit having jurisdiction over
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residents and areas proposed for annexation, including but not limited to police, fire, sewer, water,
and solid waste disposal.
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Section 4. Areas Eligible far f,.nnexation. ~13IlJ"1ing~3~=:p~JfulUijg:EUgiljmtYJ9r;
Knrtexation;
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(1) pl~nmpgm:g; The geographic area eligible to be annexed by each respecti'..e
municipality has liy~ been detennined and delineated in map form as set forth in Exhibit 1, attached
..................................--...--......'................................ .....'................................-......-----..--.......-.......-..........----.-..-----..-.......,....,-.-........................."..............
hereto and incorporated by reference. [h~pyrnQs~2r~(!.9hpl~nmpg~[~~!$tgiUQyyi6~r~~p~9tiy~
........--.--.---..................-........,..-..,.-,...---.-..---....--.-........'.......-.---....--.-.-...-.-..-.-.....-...-....---..............-..........-.....-.-..--.-.-.-...---.----.------.-.--..--.-----.---.-.--.--..----.--...".......,.....,.....-....-..."'.,'" , . ,
~tmicipalities t()c()nsider Jhearea in their Comprehensive. Plan and delimit thege()graphic area
.........."."".""""..."."........"........."."..."..."".."-"."""".,,...."" ."""""..""".".....".""""""."".".,,.. """",,-,,- -. .,,, "..". ".".""",,,,"-
~~igi~le foranne:x~tion to eacl1such municipality. Said determination Each planning area. was mfHie
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g~l~rrmp~gMaQ~li.n~~i~ consistent with the purpose and provision for establishment of planning
areas, as provided for under s 163.3171, and is specifically intended to replace the review for ability
to serve for annexations often (10) acres or more now conducted independently by the Council under
Chapter 88-464, Laws of Florida.
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(2) The pI~gir~i~geographic areas eligible for annexation designated herein may be
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amended pyg5iimYQrqlmm.~ upon recommendation of the Council to the CPA. Any deviation from
the Council's recommendation by the CPA shall be by a majority vote plus one. ~Qp.~i4~[~t!9qQf~
~hangei()an)'planningarea~y theG9409il and CPA shall be~ased. tip9nthei9ilo~Dgcriteria:
.."."..".""...... """""""....-......"""'.. "'" " " ".."."" " "."."-".,,.. "......""."..".., " ",,,,,.,, """ " " " " " """""," , . . ..... "'" . "'"'' ,
\i(a).. ...Ilat.qreqfthe requestand interest of the affected property owner(s);
(c) . .unifQiI11and~nsisienirel(!.ii6ijship. of proposed . area. to existing Il1unicipal
t ...(45nin!~re~?94r~l~ti9.q~hip of adjoi~I1g~niI1CorpQf(!.!~areasancJ. ~ryic~pr()videis.
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(3) aPm2QrnQr~!m..g[I!;t...~$ng!..JQ2i!m>>?iliill...;iypIgg;:;;....~4~ljn~.~....m.~~]!l
1~$tiIDlnQt~~?~n~!~~~~~mgm~nmt~1?p.r$Y~nttQth~~nt~n~m~prQ~~~gr~$$~fQ[ttilj~r~m;
Um~!31D4Ynl.n!m]it1.i$E~n4mtQlngJya~$YcliYnm~Qmg[~t~a;~~intH~mm~~ng
mYmg!p~!11ty~~plinmng@r~~l EQ:;px~r, in the event that a municipality receives a petition to
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voluntarily annex property that lies outside that municipality's pl~g~~ geographic area eligible
for annexation, said petition shall be reviewed in accordance with subsection (2) above, in addition
to the regular criteria and procedures set forth b~[~in;in tms I..ct.
(4) The Council shall periodically review the riI~g !e~s~tfdtlhiIi~Biti.~itfuayi
1':.................... ............................................................................. .............,...................... ..
B~lm~na~aIrQmt!m~lQfjm~; geographic areas eligible for ar.nexation to each respeeti'le
municipality. i\i1.y..........atnendtnetit...thetetd....sImfBe....acs.....pfdVtdedfdfUndersUbsecfidh(2) ij)8'VeJ.. The first
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review shall take place no longer than five (5) years after final adoption of this 2r~in~n9~. Each
subsequent review shall take place no longer than five (5) years after the previous review.
(?)Myani1exati()o ~y r~fer~ndum that may ()~9Yrin Pin~Ulls Coullty s~aIInot b~ geemed
toa4tOInaticaily~m~nqth~planni~gar~a.Sprovide~fforllriq~r~N~.sectioll, but may.be considered
iJQng>>?tijlH~fnt~n~J!$t~a!n$yB$~gt!Qn{~);Bgy~rdrphYl?Q$~$Qr~m~p4iQg~Pl~nmrig~f~~;
Section ~.Petition for Voluntary Annexation.
(1) The owner or owners ofreal property, or his or her agent, in an unincorporated area of
the County, may petition the governing body of a municipality that said property be annexed to the
municipality if the subject property meets the following requirements:
(a) the property is located within the area eligible for annexation to the annexing
municipaIitY~$./pIMroPgiar~~ set forth in Exhibit 1.
,......;;:.-..;...,-.-,::....';'.'...-.,.. ...;'..........,.~ ,
(b) the property is contiguous to the annexing municipality and reasonably compact;
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(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the County, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject property.
Notwithstanding the five (5)-day notice period provided above, the annexing municipality shall
provide said notice prior to the first reading of the annexation ordinance.
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Section~. ~!mn~~ Review of Proposed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a municipality and a legal
description of the subject property, the Council or its designee shall review said proposed annexation
for compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth in
Section 5 ~ and
(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental jurisdictions.
(2) Within ten (10) fifi;nCl$) calendar days of receipt, the Council or its designee shall
. .............,........,.--..........-------------....-.-.....'...--.......'.....--....-..-.---.-...,.-.-'-.'.'.'.'...'.'.'.'.'.'.'.'...'.....,...-.- ............ ....--.---....,..".",.",..
notify the annexing municipality if the proposed anriexa.tionisdeemed inc;onsisterit. With the criteria
W14piocedllre~setfQrthljer.~in. or1tavajid.requestfo~afuiIreVie\V .has J,een re~ived from an
iff~(;fe((I>artY~~~~~qih~ni~~ch.. hoiIfi~~tic>I'1,the ... ~e?ciI1gIn\lt1i~PaJity maY proCeed with the
propo~~aanp~~~~!9!i~ofany disputed issue 'lAth Section (l)(a) or (l)(b) abo'..e.
(3) If the proposed anneKation is consistent with the requirements oftrns 1\:ot, the ann eKing
municipality may proceed '.'lith the 'Ioluntary annexation as hereinafter pro'Adcd, subject to a request
for full review as set f{)rth in Section 8.
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fB r~l !fthe proposed annexation is deemed inconsistent with the requirements of this Aet
Qram~g~ by the Council, QtAy~UarmY!$.lfQr;mPr~Y!~tiMi?~~rrr~~!y;...i?y:;..;[~~;...p~y
1~~~tfQtlHmS~ljQn~~ a full review shall be conducted.
SectioDZ. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition th'e Council and
CPA to review the proposed annexation for consistency with the criteria and procedures set forth
. n~[~n! this Act. Said review shall be a matter of right and shall be conducted pursuant to the
following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10) calendar
days of receipt of the notice provided by the annexing municipality under Section & ~(2). Upon
receipt of said petition, the Council shall notify the annexing municipality and forward a copy of the
petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth lJ~I~iQin this ,ALct.
(c) WithlI15d~Ys ofrec~iptPf!ipetition requesting review, the Executi\leDirector of
ili~Q9u~fiLs~a.ll~~termineth~yalidhy()fsaid petition: .specifjcally .}Vhetl1er the ..petitio~laJleges
1~ii.t!m~!~grQy~rt~YPQn}Yffi9l:l?llj~~rm~~~!!Qn49!~~Q!ggmPQrt~lh!l:l~p[Q2~aYrPM4fQt~n;$~t
f.Qrtbh~r~iILtfth~.~ie~~t~yePiI:~t9rd~ie#liille~ih~i..ih~p~ii#Qn4Qesnot ..siat~...a.yalid ..basis for
t~)1P}VM'i~~[!ffi$~9t!Q~h~Qt~lj~m~!~!~~~th~pp~t!Qn;
(d) Upon receipt of a valid petition for review, M4~!~rmm~rt6ytlj~~~~gytiy~
R1[~jQ[pW];mtQ~Yl?~m{Qrr(9);QY~; the Council shall consider the petition at its next regularly-
scheduled meeting and forward a recommendation to the CPA. The CPA shall, within thirty (30)
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days of receipt of the Council's recommendation, render a decision as to whether the application is
consistent with the required criteria and shall notify the annexing municipality of said determination.
(2) The filing of a valid petition for review under this section, or the initiation of a full
review by the Council under Section '+~, shall prohibit the annexing municipality from proceeding
with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA.
Section~. Municipal Annexation Procedure; Appeals.
(1) Upon receipt ofa petition for voluntary annexation that comports with the criteria set
forth in Section 6(1), a municipality may, at any regular meeting, adopt a non-emergency ordinance
to annex the property that is proposed for annexation and re-define the boundary lines of the
municipality to include said property. Said ordinance shall be passed consistent with the procedures
for adoption of ordinances provided in s 166.041, F.S. The notice required by s 166.041, F.S., ami
Section 6(2) herein shall give the ordinance number;[~y~J~l:>l~; and a brief general description of the
area proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of the
municipal clerk.
(2) An ordinance adopted under this Section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pinellas County Administrator and with the Department of State within
seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly
shows the annexed area and a complete legal description of that area.
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(3) Any party affected by the annexation the Councilor the CP A, MPQnr~gmm~ijC1am):n.
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gti6e(:;gUp.9i1, shall have the right to file a petition in the Circuit Court in and for Pinellas County
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seeking review by certiorari. Said petition must be filed within thirty (30) days of adoption of the
annexation ordinance by the annexing municipality. An appeal filed by either the Council or CPA
shall be subject to the Florida Governmental Conflict Resolution Act. In any action instituted
pursuant to this section, the prevailing party shall be entitled to reasonable costs and attorney's fees.
Section ~. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth
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in this AetQj-gffi~n9~, shall be subject to all laws, ordinances, and regulations in force in that
municipality, and shall be entitled to the same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. Any voluntary annexation that does not
comply with the criteria and procedures set forth in this Aet Qr<Hn~~ shall be null and void, and the
property shall continue to be considered unincorporated for both tax and regulatory purposes.
Section~Q. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interlocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or where
annexation is not achievable under the criteria and procedures set forth h~r~in. in this f"ct.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves often
(10) acres or less may be annexed into the appropriate municipal jurisdiction by interlocal agreement
between the County and the appropriate municipality.
Sectionl~. State Plan Amendment Review Process.
Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set
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forth in this Act, or inyoluntarily annexed ljYf~r~[~n~4m pursuant to the criteria and procedures set
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forth in
s 171.0113, shall be deemed to comply with and satisfy the requirements
of s 163.3171, F.S.
E~namml~l!mnct!QnQ!~m~mmm.ijQn;sI;cW~y;upon adoption of an annexation ordinance,
the annexing municipality may immediately apply the municipality's comprehensive plan and land use
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standards to any such area if said comprehensive plan provides for P;~~~bi[i~t~n~!}~~ma}nt~n~~!y
..........................-.--................................... .......... .........."".."........
Qra~n~ity~tiQ.g.~g~intensity of use or density standards which are PQn~j~l~ntIDm equal to or less
thafl the Countywide Future Land Use Plan for said area, as determined by the Council, without first
submitting a land use plan amendment to the State Department of Community Affairs. It is
specifically intended that the provisions of this Section shall supersede those existing interlocal
agreements entered into between the county and certain municipalities, pursuant to the authority of
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s 163.3171(3), which provide for joint planning areas. However, notlllIlg contained in this ordinance
shallaffect the right {)tthe Goupty oiits municipalities tQ~tilize the 9therwiseapplicable provisions
Section ~~. Article IT, Section 2.04, of the Pinellas County Charter, as created by Chapter
80-590, Laws of Florida, is amended to read:
(t) All powers necessary to designate the geographic p!(i!lmI1g areas of the county
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that will be eligible to be annexed 9~Hmmi1g~1ig1~iliiY~Qr~~~~ti9i1 by each respective ~
municipality. In the event of a conflict between a county ordinance adopted pursuant to the county's
authority to designate areas eligible for annexation as provided by special law ~lll~(~hart~~ and a
municipal ordinance, the county ordinance shall prevail over the municipal ordinance.
Section~~.
Article II, Section 2.07, of the Pinellas County Charter, as created by
Chapter 80-590, Laws of Florida, is amended to read:
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, "
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area into
its municipal boundaries in accordance with the provisions of general law, except that all voluntary
annexations shall be in accordance with the exclusive procedures set forth by ~~r~ill speeialla'.v.
Section I~. Effective Date; Referendum Question.
This Qt~!n~n; ;\ct, except for this Section which shall take effect only upon becoming law,
shall take effect only upon approval by a majority vote of the electors of Pine lias County voting in
a special referendum election which shall be called and held by the County Commission prior to
November 30, gQQQ. The question on the ballot shall be:
BALLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY
MUNICIPAL ANNEXATION AND DESIGNATES THOSE AREAS ELIGIBLE
FOR ANNEXATION.
BALLOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County
Charter be amended to provide an exclusive method for voluntary municipal annexation
...........,.,.,............,...,.....-.--............................--..........................-..-............,...............'.--,........
within Pinellas County, and ~~~ig;t~.Plmmngm;Y{m~h~~UmU the geographic areas
of the county eligible for annexation to ft each respective municipality, as specifically
"....'..........,.".-.........
enumerated by this Qr4IQ~9~speciallaw?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section!~. Severability.
If any provision of this Qra!nm~~Act, or the application thereof, to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
............................-......
grailliDgpAct which can be given effect without the invalid provision or application, and to this end,
....'.--...",.....""..............
the provisions of this Qr4ip@.~~ are declared severable.
12
.
.
DRAFT #5
April 19, 2000
....................",.........
An aet Qrqln~C~ relating to Pinellas County~ providing a short title~
............-...................
providing a Pl!~~~~~g~80!~i~9...f~E...~~~~8.ti!y.;..g.~80!~~~~.~.~~~tions~
Providing for .p...latining areas deliiiiiiing. deligibilitvfor;annexatiori.areas
':-:':';';':';';".";':';-;':':".':':':':': ,,:.:.:.:.:.:.:-:.:.:-:.:.:.:-:-:-:.: .:.:-;.,.:.;-:-:-:.:-:.;-:.:-:-:.;.:.:.:-:-:.:.;.;..;-. .,:-.-:,:.:-:-:-:-: ..:.:-....:.;.:.;.:.:.;-;..'J:;::.:.:...:.:.;.:.;.;.;......';';':';':':':':':':':':';':':':'.':':-:-:';".":':.-:'.':':'.-;.;.:.:'
eligible for ar.neKatioll~ providing criteria for petitions for voluntary
annexation; providing for a review of proposed annexations~ providing
for request by affected party for full review of proposed annexations~
providing a municipal annexation procedure and appeals therefrom~
providing for the effect of annexation~ providing for interlocal
agreements for urban services and annexation; providing for state plan
amendment review process~ providing for amendment to the Pinellas
County Charter~ providing an effective date and referendum question~
providing for severability.
WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the total
county area~ and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an on-
going significant occurrence that has important growth management and service delivery implications
to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded
in order to meet the citizenry's growing need for urban services~ and
.....-......-.........-'-'.-.-.---'.-.'- -...-.......-.-,-,-,-....,',......,.,.,':.,':':.:.":.:,..,':.:.....'...........',..,.'..,..',....',.....,",.,.,...,...,".'.',.,'..,.,.,',',.,.,.,...,.,.,.,...,.,.,..','.'............,'..,.....,',.,...,....,.,.,.,.,.:.:,.,..,.:.:".:':.:.:.",':'".,:.:':':.:.:,.....,...,',',.,c"..,',',...,','...',..:..,',..'...','.','......,.,'.................
WHEREAS, the Board of Count)'Commission~rs qfPinellas CouIlty, Fl9rid~ Legislature of
the State of Florida deems it to be in the best interests of the citizens of Pine lIas County to implement
a more rational, uniform, and clear method for voluntary annexation on a countywide basis in order
to address the inadequacies, inequities, inefficiencies, and unpredictability of the current voluntary
annexation process~ inq
WHEREAS, the !}g~raQr~QgQtY~Qmilli$$}gn~[$Q~Rin~!l~~~yDtY;fIQQ~~ Legislature of
the State of Florida declares it essential to a well-planned and balanced system of governance in
.
.
.............................'............................................................................................................................................'.................................................................................................
Pinellas County that the method of annexation provided for in this Aet praipiDg~Mi~~4~$P.qH~nt
~h.~tl~rim~.p~m~nt constitutes the exclusive means by which voluntary municipal annexation may
occur in Pinellas County; and
WHEREAS, the ~Q~~QfIQyPtM~QmnP~~!QP~[~Q~R!n~Ug~IQyntY;fJQD~~ Legislature
oftae State of Florida has determined that eaeh the municipalities located within Pinellas County have
..................-.-......................-.....
the ability to provide urban services to the pI~g;~~$ geographic areas of the county designated
as eligible for annexation by each respective municipality, n~[~m, and that said determination was
based upon sound planning considerations; ~11~
m?rmm~~!Qn~$Q~Em~nM~QYnty~E(Qn4~~~m~g\.HHQntytQ;;~n~m~E!n~n~~~Q4ntM~b~~r
SyQtai;n.gpR;~~~SymllI~ljy~yQt~QfnQIJ;~thmq;JQQtypJg~Qn~~$ym~~t~gm?Ynl~a~
t~f~r~n~g!m
..........................................-...... .....-..-................-..."......----.."'..'"
NOW, THEREFORE, BE IT DBDA:I.NED ENACTED BY the ~Q;aQf~QYnty
~Qmrrn~~~Qn~[$Q~Eill~nM~Qgnty;E(QD4~; Legislature of the State offlorida:
Sedian 1. Short Title.
This act may be cited as the '?..ct to Eaable Countyvfide Voluntary f...~.nexatioa Procedures
and Criteria in Pinellas County, florida," hereinafter referred to as "this .^..ct."
Section ~.. Purpose.
..................,......'....,.....
It is the purpose of this Qfam~9~Act to establish a uniform, equitable, and integrated
procedure with clearly defined criteria to provide the exclusive means for voluntary annexation of
property by an incorporated municipality within Pinellas County, Florida.
2
.
.
Section~. Authority.
......--.-..........--..............."...
. .----...........................
This g[gm~~"A..ct is promulgated pursuant to the home rule powers of Pinellas County,
Florida, and s 171.044(4), F. S. (Supp. 1998), as a CQyQ!YQ[a!mm9~special law to authorize
placement of a ballot question before the electorate to consider amendment of the Pinellas County
Charter, pursuant to the provisions for amendment thereof, that would establish the exclusive
.--..-...---..................................................................................."-.....................................---
procedures and criteria for voluntary municipal annexation and ~~t~pU~fipt1illillngif~~~m~ig~ljijiit
........................................
~H&ipm!ydesignate the geographic areas of the county eligible for annexation by each respective ~
municipality.
Section 3. Definitions.
i\s used in this .A..ct, The following terms and phrases shall have the following meanings,
unless some other meaning is plainly indicated:
(1) M Ability to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, and solid waste disposal
service. If the annexing municipality does not have the authority, responsibility, and capacity to
provide anyone or more of these five (5) requisite urban services to the property proposed to be
annexed, then it shall, by either interlocal agreement or written authorization, obtain agreement of the
service provider that is charged with providing such service(s), attesting to that provider's ability and
willingness to provide said service(s).
(2) M Annexation" means the YQ1qgl~~~~mQn adding of real property to the boundaries
of an incorporated municipality pqf$qigttQtlj~Rm~lI;~~Qqgty~~~t, such addition making such
real property in every way a part of the municipality.
(3) MBoard" means the Board of County Commissioners of Pin ell as County, Florida.
3
.
.
(4) "CPA" means the Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority.
(5) "Compact" means concentration of a piece of property in a single area and precludes any
action which would create pockets, finger areas, or serpentine patterns. Any annexation proceeding
in Pinellas County shall be designed in such a manner as to ensure that the area will be reasonably
compact.
(6) "Contiguous" means that a substantial part of a boundary of the territory sought to be
annexed by a municipality is coterminous with a part of the boundary of the municipality. The
separation of the territory sought to be annexed from the annexing municipality by a publicly-owned
county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or
watercourse; or other minor geographical division of a similar nature, running parallel with and
between the territory sought to be annexed and the annexing municipality, shall not prevent
annexation under this Act.
(7) "Council" means the Pinellas Planning Council, as created by Chapter 88464, Laws of
........".....'...........................-...........
Florida (1988)....iQl:lts.Qe~i6ri.~~.
)..................................~.......
(8) "County" means Pinellas County, Florida.
(9) "Municipality" means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
(10) "Party affected" means any persons or firms owning property that is proposed for
annexation to a municipality, or any governmental unit having jurisdiction over such area.
(11) "Urban services" means those services required to be available and provided by a local
government, either directly or by contract, to prQP~U!~~JQ~!~~~!fim its present ~Qy.n~~~~
4
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
Recommendation:
. Agree to proceed to public hearing with map as initially proposed (Draft #1), encourage
Pinellas Park and Kenneth City to reach agreement on where to draw the line, and for
staff to recommend any change to the line as now shown following discussion at public
hearing in May for consideration by the Council.
4. Belleair Bluffs and Lar~o Plannin~ Areas - Resolution of area east of Indian Rocks Road
(Harbor Hills (4th Addition), Oakdale Manor, Oakdale Manor Replat, and Oakdale Manor
Addition subdivisions)
Considerations:
. Fire Service - Belleair Bluffs Fire District. Operated by the City of Belleair Bluffs
through a contract for services with Pinellas County (expires 9/30/09).
. Sewer - South Cross Bayou (formerly part of McKay Creek Sanitary Sewer District)
operated by Pinellas County.
. Water - Pinellas County Utilities.
. Chapter 163 Planning Area - Included in the Tn-Cities planning area. (Undifferentiated)
. Other - Reclaimed water provided by Largo.
Recommendation:
. Agree to proceed to public hearing with the map as initially proposed (Draft #1),
encourage Belleair Bluffs and Largo to reach agreement on where to draw the line, and
for staff to recommend any change to the line as now shown following discussion at
public hearing in May for consideration by the Council.
5. Seminole Referenda - Consideration of these separate areas scheduled for referendum on June
13,2000.
Considerations:
. There are three areas set for referendum in mid-June which have been reflected in
relationship to the Seminole Planning Area Delimiting Eligibility for Annexation.
. Fire Service - Seminole Fire District. Operated by the City of Seminole through a
contract for services with Pinellas County (expires 9/30/00).
. Sewer - South Cross Bayou operated by Pinellas County.
. Water - Pinellas County Utilities.
. Chapter 163 Planning Area - not included in a defined planning area.
Recommendation:
. Agree to proceed to public hearing with the map as initially proposed (Draft #1) and for
staff to recommend any change(s) to the lines as now shown following the June
referenda for consideration by the Council at the June Council meeting.n
7
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
~learwater and Safety Harbor Plannin~ Areas - Consideration of Clearwater's request to show
{9city-owned property east of McMullen-Booth road.
Consi dera ti ons:
· Fire Service - Clearwater Fire District. Operated by the City of Clearwater.
· Sewer - Clearwater Sewer District. Operated by the City of Clearwater.
· Water -Clearwater Water District. Operated by the City of Clearwater.
· Chapter 163 Planning Area - Shown as part of Clearwater's Comprehensive Plan and
Planning Area in Interlocal Agreement with County. Not shown in Safety Harbor's plan
or agreements.
Recommendation:
· Agree to proceed to public hearing with the map as initially proposed (Draft #1),
consider the significant size of the parcel, city ownership, its use for essential public
service functions, and its inclusion in the City's current planning area, and for staff to
recommend any change to the line as now shown following discussion at public hearing
in May for consideration by the Council.
It is recommended the Council review and make a preliminary determination on each of these areas
relative to a revised draft map for consideration at public hearing.
SUMMARY
Staff recommends the Council authorize a public hearing be scheduled for the May Council meeting
to consider the revised draft ordinance (Draft #5) and draft map (Draft #1).
8
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
PROPOSED CHANGES/CLARIFICATION TO DRAFT MAP
The following areas were identified at or subsequent to our March meeting as needing further
discussion. The issue areas (and their proposed resolution) are as follows:
1. Tarpon Springs Planning Area - Determination relative to expanded area as proposed by
Tarpon Springs.
Considerations:
. Area shown on draft map essentially coincides with existing planning, water, sewer and
fire service areas.
. Fire Service - (North and East of Lake Tarpon to Hillsborough County line) -
EastlakefTarpon Fire District. Operated as a private non-profit corporation by contract
with Pinellas County. Revenues generated through the municipal services taxing unit
(MSTU). Currently proposed to become an Independent Special District (will not
change the MSTU). Annexation into this area, once it becomes a special district, will
automatically adjust for city boundaries.
- (South of Klosterman Road) - Palm Harbor Independent Special Fire
District. Operated as a special taxing district which needs legislative approval for
amendment of its boundaries.
· Sewer - Both east and south of Tarpon Springs serviced by Pinellas County Utilities.
Agreement between Tarpon Springs and Pinellas County for the City to treat raw
sewage from area to the east (north of Keystone Road to the Hillsborough County line)
has expired.
· Water - Both east and south served by Pinellas County Utilities.
· Chapter 163 Planning Area - Area as shown on draft map coincides with City's current
established planning area as represented in Comprehensive Plan and by interlocal
agreement.
· Other - Library and Recreation services are provided as a Dependent Special District
with revenue collected as a municipal services taxing unit for the area to the south of
Klosterman Road (Palm Harbor area).
Recommendation:
. Agree to proceed to public hearing with the map as initially proposed (Draft No.1), and
for staff to recommend any change to the line as now shown following discussion at
public hearing in May for consideration by the Council.
5
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
2. St. Petersburg and Pinellas Park Planning Areas - Resolution of area north ofUlmerton Road
and east of Moog Road.
Considerations:
· Fire Service - Highpoint Fire District. Eastern portion of the Highpoint Fire District is
operated by the City of Pinellas Park through a contract for services with Pinellas
County (expires 9/30/09). The Highpoint Fire District still exists, but service to the area
is split between the City of Largo on the west (west of the Cross Bayou Canal) and the
City of Pinellas Park (east of the Cross Bayou Canal). The building and land are owned
by Pinellas County and are leased to Pinellas Park.
· Sewer - Largo Sanitary Sewer District operated by the City of Largo.
· Water - Pinellas County Utilities.
· Chapter 163 Planning Area - Included in the Tri-Cities planning area (undifferentiated)
and identified in City of St. Petersburg Comprehensive Plan as an area to be annexed
by the City.
· Other - There is a Feather Sound Community Services Dependent Special District
which includes the eastern portion of the issue area.
Recommendation:
· Agree to proceed to public hearing with the map as initially proposed (Draft #1),
encourage Pinellas Park and St. Petersburg to reach agreement on where to draw the line,
and for staff to recommend any change to the line as now shown following discussion
at public hearing in May for consideration by the Council.
3. Pinellas Park and Kenneth City Planning Areas - Resolution of area between 54th and 58th
A venues and between 66nd and 66th Streets.
Considerations:
· Fire Service - Lealman Fire District. Operated as a private non-profit corporation by
contract with Pinellas County. Revenues generated through the use of a municipal
services taxing unit (MSTU). Currently proposed to become an Independent Special
District (will not change the MSTU). Annexation into this area, once it becomes a
special district, will automatically adjust for city boundaries. If annexed by Kenneth
City, fire service would continue to be provided by Lealman under contract to the City.
· Sewer - South Cross Bayou operated by Pinellas County.
· Water - Pinellas County Utilities.
· Chapter 163 Planning Area - Not included in either city's planning area or
comprehensive plan.
· Other -
6
~"
""
^~""._w
".' .- . ~ ~~..q .'..~,-
~, ~_.~<.' ....~.<
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
a planning area shall not be annexed under this process unless and until Exhibit 1 is amended
to include such area within a designated area eligible to be annexed.
9. Section 4.(4) - Reword to refer to Exhibit 1 (the map) and add a sentence to clarify that any
recommendation for changed boundaries resulting from the required periodic review will be
considered as provided for in subsection (2) above. (meaning by ordinance, after public
hearing and based on enumerated criteria.)
10. Section 4.(5) - Add a new subsection (5) to clarify that an annexation by referendum does
not automatically change the areas delimiting eligibility for annexation, unless and until the
areas are amended as provided for in subsection (2) above.
11. Section 6.(2)(3)(4) - Add the word "Limited" to Section heading and revise (2) to state that
this initial, limited review will not require any report or formal response unless the proposed
annexation is deemed inconsistent with the enumerated requirements or a valid request for
review by an affected party has been received; and thatabsent notification to the annexing
municipality within fifteen days of receipt, the municipality is free to proceed with the
annexation. By adding five days to this initial referral period, the subsequent provision for
requesting full review by an affected party can be incorporated in the same time period and
notification, if required. Delete (3) and restate in renumbered (4).
12. Section 7.(1) - Add a new paragraph (c) to provide for initial staff determination of the
validity of any request for full review in order that invalid or frivolous requests not
automatically delay the annexation process.
13. Section 8.(1) - Delete the reference to Section 6.(2) and add the words. . ."if available". . .
following the words ordinance number in the last line, since ordinance mayor may not have
a number assigned at time of referral.
14. Section 8.(3) - Reword to provide for filing petition for legal review by the CPA, upon
recommendation of the PPC, as distinct from separate filing authority for the Council.
15. Section 11. - Change the following:
. Delete the word "involuntarily" in the second line and add the words . . . "by
referendum" after the word annexed;
. Refer to Chp. 171, F.S. instead of ~171.0413 in the third line and add the following to
the end ofthe first sentence. . . ~163.3171(3) "with respect to the exemption from state
review of comprehensive plan amendments as a function of said annexation."
. Change wording in line six to read. . . "plan provides for use characteristics and intensity
3
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
or density standards consistent with the Countywide Future Land Use Plan". . .;
· Clarify that this section is intended to meet the requirements ofChp. 163.3171(3) such
that no state review of plan amendments is required as a function of annexation, but that
nothing in this ordinance precludes the county or its municipalities from employing the
otherwise applicable provisions ofChp. 163.3171.
16. Section 12. - Revise proposed charter language to conform with previous rewording changes
re: "planning areas".
17. Section 14. - Delete reference to "special" referendum, change the date by which a
referendum shall be held to November 30, 2000, and conform language re: "planning areas" .
These changes have been made by legal counsel and are attached in the form of a revised draft (Draft
#5) to assist in identifying and understanding the proposed changes.
4
.
ELLAS PLANNING COUN
AGENDA MEMORANDUM
I AGENDA ITEM: VI A. I I MEETING DATE: April 19, 2000 I
SUBJECT:
Proposed Annexation Draft and Map - Continued Consideration
RECOMMENDATION:
Council Review, Authorize Suggested Changes and Schedule Public Hearing for May
BACKGROUND:
In follow-up to the Council's review of the draft map delineating areas eligible for annexation at the
March meeting, staff has continued to seek input and review the details of both the draft legislation
and map. In an attempt to address questions that have arisen in discussions concerning the proposed
legislation and to address outstanding issues with the map, several suggested revisions and
refinements are outlined below for Council consideration and direction.
After review and direction by the Council, it is recommended that a public hearing be scheduled for
the Council's May meeting, with the objective of preparing a definitive recommendation for
transmittal to the Board of County Commissioners not later than the Council's June meeting.
PROPOSED CHANGES/CLARIFICATIONS TO DRAFT #4
It is recommended the following revisions be incorporated in the most recent draft (Draft #4) of the
proposed legislation that would place the revised annexation process on the ballot for consideration
as an amendment to the County Charter.
I PINEUAS PLANNING COUNCIL ACTION: I
COUNTYWIDE PLANNING AUTHORITY ACTION:
I:lutERSIWPDOCS\MISCJ1EM\REGI1EMSlAprOOPPClannexation draft and map. cont consideratioD.Wpd
.
SUBJECT: Proposed Annexation Draft and Map - Continued Consideration
Proposed Changes/Clarifications to Draft#4
General:
1. Title and various "Whereas" clauses; Sections 1,2,3,7, 10, 12, 13, 14, and 15 - Convert what
was originally drafted as a special act for consideration by the State Legislature to an
ordinance for consideration by the Board of County Commissioners, consistent with
November, 1999 County Charter amendment. This changes only the means by which the
matter is authorized for referendum, not the substance of the legislation.
Specific:
1. Include additional "whereas" clause to reference s. 6.01 of the County Charter.
2. Section 1. Short Title - eliminate and renumber remaining sections accordingly.
3. Section 3.(2) "Annexation" - Clarify that the term as provided for in this ordinance refers to
voluntary annexation pursuant to this proposed charter process.
4. Section 3.(7) "Council" - Add the words "or its designee" to provide for staff authority where
appropriate.
5. Section 4. Areas Eligible for Annexation - Change Section heading to read: "Planning Areas-
Delimiting Eligibility for Annexation"and refer thereafter to planning areas as appropriate.
6. Section 4.(1) - Conform language re: planning areas and add sentence relative to twofold
purpose.
7. Section 4.(2) Add the words "by county ordinance" to clarify that amendment of the planning
area boundary shall be by adoption of an ordinance which requires public notice and hearing.
Also add the following to provide criteria for such amendment:
"Consideration of a change to any planning area by the Council and CPA shall be based upon
the following criteria:
a) nature of the request and interest of the affected property owner(s);
b) ability of affected municipality to provide urban services;
c) uniform and consistent relationship of proposed area to existing municipal boundaries
and related areas eligible for annexation; and
d) interest and relationship of adjoining unincorporated areas and service providers."
8. Section 4.(3) - Add a new first sentence to indicate that those unincorporated areas not within
2
.
.
\\PLAN COUNC\VOL1\USERS\WPDOCS\DPH\ANNEX\OO\ANNEX-Draft6-Alt I.doc
14
.
.
BALLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY
MUNICIPAL ANNEXATION AND DESIGNATES
THOSE AREAS ELIGIBLE FOR ANNEXATION.
BALLOT QUESTION: Shall Article IT, Sections 2.04 and 2.07, of the Pinellas County
Charter be amended to provide an exclusive method for voluntary municig~!
>;:::::;:::-:-:
annexation ~thin Pinellas County, and designate plar...1ing areas which delimit m~
~un~nQnIQ,r the geographic areas of the county eligible for annexation to a
municipality, as specifically enumerated by this ordinance?
[ ] YESFORAPPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end,
the provisions of this ordinance are declared severable.
13
.
.
between the county and certain municipalities, pursuant to the authority of s 163.3171 (3), which
provide for joint planning areas. However, nothing contained in this ordinance shall affect the
right of the County or its municipalities to utilize the otherwise applicable provisions of s
163.3171, F.S.
Section 12. Article IT, Section 2.04, of the Pinellas County Charter, as created by Chapter
.
80-590, Laws of Florida, is amended to read:
(t) All powers necessary to designate planning areas delimiting. .,.*,,,",,]~~tmg
eligibility for annexation by a municipality. In the event of a conflict between a county ordinance
adopted pursuant to the county's authority to designate areas eligible for annexation as provided
by this Charter and a municipal ordinance, the county ordinance shall prevail over the municipal
ordinance.
Section 13. Article IT, Section 2.07, of the Pinellas County Charter, as created by
Chapter 80-590, Laws of Florida, is amended to read:
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area
I
into its municipal boundaries in accordance with the provisions of general law, except thae all
voluntary annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law,
shall take effect only upon approval by a majority vote of the electors of Pine lias County voting in
a referendum election which shall be called and held by the County Commission prior to
November 30, 2000. The question on the ballot shall be:
12
.
.
comply with the criteria and procedures set forth in this ordinance shall be null and void, and the
property shall continue to be considered unincorporated for both tax and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interIocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or
where annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of
ten (10) acres or less may be annexed into the appropriate municipal jurisdiction by interIocal
agreement between the County and the appropriate municipality.
Section 11. State Plan Amendment Review Process.
Any area voluntaril annexed into a municipality pursuant to the criteria and procedures
set forth in this Aet,~"y/_"*>>",,,~ or annexed by referendum pursuant to the criteria and procedures
set forth in Chapter 171, F.S., shall be deemed to comply with and satisfy the requirements of s
163.3171, F.S. with respect to the exemption from state review of comprehensive plan
amendments as a function of said annexation. Specifically, upon adoption of an annexation
ordinance, the annexing municipality may immediately apply the municipality's comprehensive
plan and land use standards to any such area if said comprehensive plan provides for use
characteristics and intensity or density standards which are consistent with the Countywide Future
Land Use Plan for said area, as determined by the Council, without first submitting a land use plan
amendment to the State Department of Community Affairs. It is specifically intended that the
provisions of this section shall supersede those existing interIocaI agreements entered into
11
.
.
ordinance to annex the property that is proposed for annexation and re-define the boundary lines
of the municipality to include said property. Said ordinance shall be passed consistent with the
procedures for adoption of ordinances provided in s 166.041, F.S. The notice required by s
166.041, F.S., shall give the ordinance number, if available, and a brief general description of the
area proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of
the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pinellas County Administrator and with the Department of State within
seven (7) days after the adoption of such ordinance. The ordinance must include a map which
clearly shows the annexed area and a complete legal description of that area.
(3) Any party affected by the annexation or the CPA, upon recommendation of the
Council, shall have the right to file a petition in the Circuit Court in and for Pinellas County
seeking review by certiorari. Said petition must be filed within thirty (30) days of adoption of the
annexation ordinance by the annexing municipality. An appeal filed by eithef the Couneil or CPA
shall be subject to the Florida Governmental Conflict Resolution Act. In any action instituted
pursuant to this section, the prevailing party shall be entitled to reasonable costs and attorney's
fees.
Section 9. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set
forth in this ordinance, shall be subject to all laws, ordinances, and regulations in force in that
municipality, and shall be entitled to the. same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. Any voluntary annexation that does not
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Section 5(2). Upon receipt of said petition, the Council shall notify the annexing
municipality and forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth herein.
~:~~:?:::. .:: r~ iJ
(c) Within ;'v"" " ~51 days of receipt of a petition requesting review, the Executive
Director of the Council shall detennine the validity of said petition, specifically
whether the petition alleges legitimate grounds upon which the annexation does not
comport with the procedure and criteria set forth herein. If the Executive Director
detennines that the petition does not state a valid basis for review under this section,
he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as detennined by the Executive
Director pursuant to subsection ( c) above, the Council shall consider the petition at
its next regularly-scheduled meeting and forward a recommendation to the CPA
The CPA shall, within thirty (30) days of receipt of the Council's recommendation,
render a decision as to whether the application is consistent with the required criteria
and shall notify the annexing municipality of said detennination.
(2) The filing of a valid petition for review under this section, or the initiation of a full
review by the Council under Section 6, shall prohibit the annexing municipality from proceeding
with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon rec:ipt of a petition for voluntary annexation that comports with the criteria
set forth in Section e ~(l), a municipality may, at any regular meeting, adopt a non-emergency
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Section 6. Limited Review of Pr~posed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a munkipality and a legal
description of the subject property, the Council shall review said proposed annexation for
compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth
in Section 5; and
(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental
jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set
forth herein, or if a valid request for a full review has been received from an affected party.
Absent any such notification, the annexing municipality may proceed with the proposed
annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this
ordinance by the Council, or a valid request for a full review has been received by an affected
party as set forth in Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council
and CPA to review the proposed annexation for consistency with the criteria and procedures set
forth herein. Said review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10)
calendar days of receipt of the notice provided by the annexing municipality under
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occur in Pinellas County
shall not be deemed to automatica1!x
amend th.:~ ,planning areas provided for under this section, but may be considered, alORg with m
}ri~:: .... ......{::?r:~
CdutP the criteria listed in for u oses of amendin a
Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area
of the County, may petition the governing body of a municipality that said property be annexed to
the municipality if the subject property meets the following requirements:
(a) the property is located within the annexing municipality's planning area set
forth in Exhibit 1; H,:g
(b) the property is contiguous to the annexmg municipality and reasonably
compact.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the County, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject
property. Notwithstanding the five (5)-day notice period provided above, the annexing
municipality shall provide said notice prior to the first reading of the annexation ordinance.
7
e
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plar..Iing area, said petition shaU be revie'Jled in accordance 'lAth subsee{ioB (2) above, in addition
(a) Jl'l.~ nature of the request and interest of the affected property owner(s)~
(b) Pie ability of affected municipality to provide urban services~
(c) Ilj~ uniform and consistent relationship of proposed area to existing municipal
boundaries and related areas eligible for annexation~ and
(d) t!i~ interest and relationship of adjoining unincorporated areas and service
providers.
The Council shall periodically review the pl~~g ~~as~etfo~~~~~~i~.l,
shall take place no longer than five (5) years after final adoption of this ordinance. Each
subsequent review shall take place no longer than five (5) years after the previous review.
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boundaries and areas proposed for annexation, including but not limited to police, fire, sewer,
water, and solid waste disposal.
il]]~j~~~~~l1~~~![[::~]~ijl~jj~~jjjjli~j~j~;;;;;;j~~~;~;
Section 4. Planning Areas - Delimiting l1~ni~i.Ung EligihilityJ()r Annexation.
(1) Planning areas have been detennined and deliaeated..a?iG!"~g in map fonn as set
forth in Exhibit 1, attached hereto and incorporated by reference. The purpose of each planning
area is to allow the respective municipalities to consider the area in their Comprehensive Plan and
delimit ",.x~......~!~ the geographic area eligible for annexation to each such municipality. Each
planning area was detennined and delineated consistent with the pu
.. and is specifically
establishment of planning areas, as provided for under s 163.3171,
intended to replace the review for ability to serve for annexations often (10) acres or more now
conducted independently by the Council under Chapter 88-464, Laws of Florida.
(2) The plar..iiag areas desigaated hereia may be ameaded by couRty ordinance upoa
recommcadatioa of the COlmcil to the CPA. tJl.Y deviation from the COllflcil's recommendation
by the CPt.. shall be by a majority vote plus one. Consideratioa of a change to any plar..iing area
(3) Unincorporated area that is not located within
as delineated in Exhibit 1, shall not be ""JUlY annexed by any municipality pursuant to the
criteria and procedures set forth herein, unless and until Exhibit 1 is amended to include such
unincorporated area in the annexing municipality's planning area. Hov..ever, iB the eveRt that a
. . a1" . . . 1 .1 hr. a h . . a1" '
mumclp It)' receives a petitIon to -"0 uRtan y ar.nex property t at les outSI e t at mumclp Ity s
5
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(3) .Board" means the Board of County Commissioners of Pine lias County, Florida.
(4) .CPA" means the Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority.
(5) .Compact" means concentration ofa piece of property in a single area and precludes
any action which would create pockets, finger areas, or serpentine patterns. Any annexation
proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be
reasonably compact.
(6) .Contiguous" means that a substantial part of a boundary of the territory sought to
be annexed by a municipality is coterminous with a part of the boundary of the municipality. The
separation of the territory sought to be annexed from the annexing municipality by a publicly-
owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of
water or watercourse; or other minor geographical division of a similar nature, running parallel
with and between the territory sou ht to be annexed and the annexing municipality, shall not
prevent annexation under this Aet .rJning~.
(7) .Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws
of Florida (1988), or its designee.
(8) .County" means Pinellas County, Florida.
(9) MMunicipality" means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
(10) -Party affected" means any persons or finns owning property that is proposed for
annexation to a municipality, or any governmental unit having jurisdiction over such area.
(11) MUrban services" means those services required to be available and provided by a
local government, either directly or by contract, to properties located within its present
4
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means for voluntary annexation of property by an incorporated municipality within Pinellas
County, Florida.
Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County,
Florida, and s 171.044(4), F.S. (Supp. 1998), as a county ordinance to authorize placement of a
ballot question before the electorate to consider amendment of the Pine!!~~S2~2!r Charter,
~i~i~~:ii}]!:::~::i:::::m:::::@::tf:[:!~::I:I:!i!i:!~r!tt
pursuant to the provisions for amendment thereof, that would establish the PfQXme[Q! exclusive
municipa.lliIlllexation and establish planning areas that
delimit
Section 3. Definitions.
The following terms and phrases shall have the following meanings, unless some other
meaning is plainly indicated:
(1) -Ability to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, and solid waste
disposal service. If the annexing municipality does not have the authority, responsibility, and
capacity to provide anyone or more of these five (5) requisite urban services to the property
proposed to be annexed, then it shall, by either interlocal agreement or written authorization,
obtain agreement of the service provider that is charged with providing such service(s), attesting
to that provider's ability and willingness to provide said service(s).
(2) -Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the Pinellas County Charter, such addition making such real
property in every way a part of the municipality.
3
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inadequacies, inequities, inefficiencies, and unpredictability of the current voluntary annexation
process; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it
essential to a well-planned and balanced system of governance in Pinellas County that the method
of annexation provided for in this ordinance and subsequent charter amendment constitutes the
exclusive means by which voluntary municipal annexation may occur in PinelIas County; and
WHEREAS, the Board of County Commissioners of PinelIas County, Florida, has
detennined that the municipalities located within PinelIas County have the ability to provide urban
services to the planning areas designated herein, and that said determination was based upon
WHEREAS, pursuant to PinelIas County Charter s 6.01, the Board of County
Commissioners of Pine lIas County, Florida has the authority to amend the PinelIas County Charter
by ordinance passed by an affinnative vote of not less than majority plus one, subject to
countywide referendum.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of
PinelIas County, Florida:
Section 1. Purpose.
It is the purpose of this ordinance to establish a
unifonn, equitable, and integrated procedure with clearly defined criteria to provide the exclusive
2
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DRAFT No.6
May 17,2000
An ordinance relating to Pinellas County; providing a purpose;
providing for authority; P~?~~~~9i definitions; providing for
planning areas delimiting q~UIl~lillg eligibility for annexation;
provi~~~&~~teria for petitions for voluntary annexation; providing
for a mm!~q review of proposed annexations; providing for request
by affected party for full review of proposed annexations; providing
a municipal annexation procedure and appeals therefrom; providing
for the effect of annexation; providing for inte~!8.~~~~9~7~~;gts for
urban services and annexation; providing for ~?C;~mptiQnti;Qm state
plan amendment review process; providing for amendment to the
Pinellas County Charter; providing an eff7=~iy~.~~.~~~g~E~!~~;~~~~
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WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the
total county area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an
on-going significant occurrence that has important growth management and service delivery
implications to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to
be in the best interests of the citizens of Pinellas County to implement a more rational, uniform,
1
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Hardin, Cyndi
From:
Sent:
To:
Subject:
Udoh, Etim
Friday, April 28, 2000 3:59 PM
Hardin, Cyndi
RE: annexations
.
The following number of annexations were processed by the City for the period indicated below:
In 1997 - 14 annexations were processed (None was greater than 10 acres).
In 1998 - 31 annexations were processed ( One was 62.1 acres - Allen Creek)
In 1999 - 25 annexations were processed ( None was greater than 10 acres).
In 2000 - 7 annexations so far are being processed ( One is greater than 10
Etim
-----Original Message-----
From: Hardin, Cyndi
Sent: Friday, April 28, 2000 10:20 AM
To: Udoh, Etim
Subject: annexations
t. 7)O()t.,
pff ;j~~
acres - Ascot Properties). Jo~6
/ YI 'tP""
etim- i need to know some info about our recent annexations. For 1997, 1998, 1999 and 2000 to date:
how many annexations total did the city process in each year?
how many annexations in each year were greater than 10 acres?
I need to know for the work session on Monday morning. thanks.
1
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CP The process should all' annexation of properties that are withite annexation area but are
not co11!igu.gus to the existing boundaries. The annexation area boundaries are based on the
relevant city's ability to provide services; therefore, relief from the contiguity requirement will
greatly assist in the elimination of enclaves that inhibit efficient service.
The PPC has scheduled the proposed voluntary annexation process for action on May 17, 2000.
Staff is requesting Commission direction on this issue.
Dave Healey, Executive Director of the Pinellas Planning Council would like to attend the May 18t
City Commission workshop to make a presentation on this proposal and to receive comments.
With your concurrence, please schedule this item for the May 18t workshop. Thank you.
Attachments:
Draft legislation
Part of Exhibit I (Map of Areas Eligible for Annexation)
3
such are.. Findings o"oncomPli.nce by the CPA does no~ohibit . municipality from
proceeding with the annexation, however, any party affected by the annexation, the PPC or
the CPA, may appeal an annexation by a municipality to Circuit Court. An appeal filed by
PPC or the CPA would be subject to the Florida Governmental Conflict Resolution Act.
The proposed legislation will result in four differences from the existing voluntary annexation
process.
· Voluntary annexations must occur within defined areas eligible for annexation;
· PPC staff shall review all voluntary annexation applications instead of only those exceeding
ten (10) acres in area;
· The current prohibition on creating unincorporated enclaves is eliminated; and
· There is potential for a "full review" by the PPC and the CPA if noncompliance with the
criteria is determined by PPC staff. Annexation of a property determined by the PPC to be
noncompliant could be appealed by the PPC or the CPA.
fl{' pJ}!J' The Planning Department recommends that the following five major issues be addressed in the
~ mapping process and proposed ordinance.
~ (y The countywide annexation map should be amended along the eastern border of Clearwater's
annexation area to include the City's existing sewer treatment plant within our annexation
area. The treatment plant is located on the east side of McMullen Booth Road north of SR
580 and appears to be shown in Safety Harbor's annexation area. The Planning Department
believes that while McMullen Booth Road generally is a logical border, Clearwater's
annexation area should include all of its major capital investments.
2. Any areas of unincorporated Pinellas County that are not located within any city's annexation
area should be available for annexation pursuant to Florida Statutes regarding annexation (i.e.,
subject to the contiguity and compactness requirements).
13) The annexation review by the Pinellas Planning Council should include an expedited process
V for properties within the annexation area which was the intent of the original proposal.
Currently, the ordinance contemplates delegation of certain applications to the PPC staff;
however, the detailed process has not been drafted for review. /~/()ac ~ m I!~
~ ~~k. Jlk~~
f~ Any enclaves located within a city's annexation area that still remain as enclaves in ten years 0
V from the effective date of this ordinance shall be subject to involuntary annexation by the
appropriate city.
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2
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u
To:
Michael Roberto, City Man~g/V
Ralph Stone, Planning DirfJJ{{)
From:
Date:
April 11, 2000
RE:
Voluntary Annexation Process
The Pinellas Planning Council (PPC) is developing a voluntary annexation process for Pinellas
County that defines the areas eligible for future voluntary annexation by each municipality in the
County, along with review and appeal procedures. The proposed process is specifically intended
to replace the review for ability to serve for annexations of ten (10) acres or more now conducted
by the PPC.
The PPC staff began this process by reviewing all individual service and planning area agreements
and developing maps depicting water, sewer, and fire service areas, as well as planning areas for
each municipality. Once those maps were complete, PPC staff met with each jurisdiction to
discuss the boundaries. After receiving input from local governments, a countywide map
portraying the areas eligible for annexation was developed.
This proposed voluntary annexation process requires an amendment to the Pinellas County
Charter. The Board of County Commissioners will have to approve placing the proposed process
on the ballot for a referendum, as well as on the annexation boundary map. The basic provisions
of the proposed voluntary annexation ordinance are as follows:
· Any property proposed for annexation by a particular city must be located within that city's
eligible area for annexation as illustrated on the countywide annexation map.
· Any property proposed for annexation must be contiguous to the current anneXIng city
boundaries and reasonably compact as currently required by 171 F.S.
· Any annexing municipality must notify the PPC of any proposed annexation within five days
of receipt of the annexation petition. PPC must review any application for compliance with
the contiguity and compactness criteria, as well as criteria relating to municipal boundary
conflicts.
· Any party affected by the proposed annexation can petition the PPC and the Countywide
Planning Authority (CPA) to review the proposed annexation for consistency with the criteria
and procedures specified in the legislation. Any affected party includes any person or firm
owning property proposed for annexation or any governmental unit having jurisdiction over
1
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(3) Any party affected by the annexation or the CPA, upon recommendation of the Council,
shall have the right to file a petition in the Circuit Court in and for Pinellas County seeking review by
certiorari. Said petition must be filed within thirty (30) days of adoption of the annexation ordinance by
the annexing municipality. An appeal filed by the CPA shall be subject to the Florida Governmental
Conflict Resolution Act. In any action instituted pursuant to this section, the prevailing party shall be
entitled to reasonable costs and attorney's fees.
Section 9. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth in
this ordinance, shall be subject to all laws, ordinances, and regulations in force in that municipality, and
shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective
date of the annexation. Any voluntary annexation that does not comply with the criteria and procedures
set forth in this ordinance shall be null and void, and the property shall continue to be considered
unincorporated for both tax and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interlocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged where
they would provide a cost-effective, mutually-advantageous alternative to annexation, or where
annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of ten (10)
acres or less may be annexed into the appropriate municipal jurisdiction by interlocal agreement between
the County and the appropriate municipality.
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Section 11. State Plan Amendment Review Process.
Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set forth
in this ordinance, or annexed by referendum pursuant to the criteria and procedures set forth in Chapter
171, F.S., shall be deemed to comply with and satisfy the requirements of s 163.3171, F.S. with respect
to the exemption from state review of comprehensive plan amendments as a function of said annexation.
Specifically, upon adoption of an annexation ordinance, the annexing municipality may immediately
apply the municipality's comprehensive plan and land use standards to any such area if said
comprehensive plan provides for use characteristics and intensity or density standards which are
consistent with the Countywide Future Land Use Plan for said area, as determined by the Council,
without first submitting a land use plan amendment to the State Department of Community Affairs. It
is specifically intended that the provisions of this section shall supersede those existing interlocal
agreements entered into between the county and certain municipalities, pursuant to the authority of s
163.3171(3), which provide for joint planning areas. However, nothing contained in this ordinance shall
affect the right of the County or its municipalities to utilize the otherwise applicable provisions of s
163.3171, F.S.
Section 12. Article II, Section 2.04, of the Pinellas County Charter, as created by Chapter 80-
590, Laws of Florida, is amended to read:
(t) All powers necessary to designate planning areas delineating eligibility for
annexation by a municipality. In the event of a conflict between a county ordinance adopted pursuant
to the county's authority to designate areas eligible for annexation as provided by this Charter and a
municipal ordinance, the county ordinance shall prevail over the municipal ordinance.
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Section 13. Article II, Section 2.07, of the Pinellas County Charter, as created by Chapter 80-
.,
590, Laws of Florida, is amended to read:
Nothing in this ,Charter shall prevent a municipality from annexing an unincorporated area into
its municipal boundaries in accordance with the provisions of general law, except that all voluntary
annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law, shall take
effect only upon approval by a majority vote of the electors of Pinellas County voting in a referendum
election which shall be called and held by the County Commission prior to November 30, 2000. The
question on the ballot shall be:
BAlLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY MUNICIPAL
ANNEXATION AND THE DELINEATION OF THOSE AREAS EUGIBLE FOR
ANNEXATION.
BAlLOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County Charter
be amended to provide an exclusive method for voluntary municipal annexation within
Pinellas County, and the delineation of the geographic areas of the county eligible for
annexation to a municipality, as specifically enumerated by this ordinance?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this ordinance are
declared severable.
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(3) Unincorporated area that is not located within a defined municipal planning area, as
delineated in Exhibit 1, shall not be voluntarily annexed by any municipality unless and until Exhibit 1
is amended to include such unincorporated area in the annexing municipality's planning area.
(4) The planning areas as delineated herein on Exhibit 1 may be amended by County ordinance
upon recommendation of the Council and approval by the CPA. Any deviation by the CPA from the
Council's recommendation shall be by a majority plus one vote.
(5) Consideration of an amendment to any planning area by the Council and CPA shall be based
upon the following criteria:
(a) the nature of the request and interest of the affected property owner(s);
(b) the ability of affected municipality to provide urban services;
(c) the uniform and consistent relationship of proposed area to existing municipal
boundaries and related areas eligible for annexation; and
(d) the interest and relationship of adjoining unincorporated areas and service providers.
(6) In the event that a municipality receives a petition to voluntarily annex property that lies
outside that municipality's planning area, said petition shall be reviewed as an amendment to that
planning area in accordance with this section. Not withstanding the criteria in subsection (5), no
proposed amendment of Exhibit 1 resulting from a voluntary annexation from a portion of the
unincorporated county that is not within any municipal planning area, but is otherwise eligible for
annexation, shall be unreasonably denied without just cause.
(7) The Council shall periodically review the planning areas set forth in Exhibit 1, as it may be
amended from time to time. Any amendment to Exhibit 1 resulting from this periodic review shall be
as provided for under this section. The first review shall take place no longer than five (5) years after
final adoption of this ordinance. Each subsequent review shall take place no longer than five (5) years
after the previous review.
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(8) Any annexation that may occur in Pinellas County pursuant to the referendum process
provided for in Chapter 171, F.S., shall not automatically amend the planning areas provided for under
this section, but may be considered, in addition to the criteria listed in this section, for purposes of
amending a planning area. Failure to amend the planning area to reflect the referendum, in whole or in
part, shall not affect the validity of the annexation.
Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area of the
County, may petition the governing body of a municipality that said property be annexed to the
municipality if the subject property meets the following requirements:
(a) the property is located within the annexing municipality's planning area set forth in
Exhibit 1; and
(b) the property is contiguous to the annexing municipality and reasonably compact.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the annexing
municipality shall notify the County, Council, and all parties affected, of said proposed annexation with
a copy of the petition for annexation and a legal description of the subject property. Notwithstanding the
five (5)-day notice period provided above, the annexing municipality shall provide said notice prior to
the first reading of the annexation ordinance.
Section 6. Limited Review of Proposed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a municipality and a legal
description of the subject property, the Council shall review said proposed annexation for compliance
with the following criteria:
6
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.
(a) whether the subject property complies with the criteria and procedures set forth in
Section 5; and
(b) whether the legal description provided conflicts with previously-established municipal
boundaries or creates an inadvertent gap between governmental jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set forth
herein, or if a valid request for a full review has been received from an affected party. Absent any such
notification, the annexing municipality may proceed with the proposed annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this ordinance
by the Council, or a valid request for a full review has been received by an affected party as set forth in
Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council and CPA
to review the proposed annexation for consistency with the criteria and procedures set forth herein. Said
review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10) calendar
days of receipt of the notice provided by the annexing municipality under Section 5(2).
Upon receipt of said petition, the Council shall notify the annexing municipality and
forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the proposed
annexation is inconsistent with the criteria and procedure set forth herein.
(c) Within five (5) days of receipt of a petition requesting review, the Executive Director
of the Council shall determine the validity of said petition, specifically whether the petition
alleges legitimate grounds upon which the annexation does not comport with the procedure
7
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.
and criteria set forth herein. If the Executive Director determines that the petition does not
state a valid basis for review under this section, he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as determined by the Executive Director
pursuant to subsection (c) above, the Council shall consider the petition at its next regularly-
scheduled meeting and forward a recommendation to the CPA. The CPA shall, within
thirty (30) days of receipt of the Council's recommendation, render a decision as to whether
the application is consistent with the required criteria and shall notify the annexing
municipality of said determination.
(2) The filing of a valid petition for review under this section, or the initiation of a full review
by the Council under Section 6, shall prohibit the annexing municipality from proceeding with the second
reading and adoption of the annexation ordinance until after a decision has been rendered by the CPA.
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria set forth
in Section 5(1), a municipality may, at any regular meeting, adopt a non-emergency ordinance to annex
the property that is proposed for annexation and re-define the boundary lines of the municipality to
include said property. Said ordinance shall be passed consistent with the procedures for adoption of
ordinances provided in s 166.041, F.S. The notice required by s 166.041, F.S., shall give the ordinance
number, if available, and a brief general description of the area proposed to be annexed. The description
shall include a map clearly showing the area and a statement that the complete legal description and the
ordinance can be obtained from the office of the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk of the
Circuit Court and Pinellas County Administrator and with the Department of State within seven (7) days
after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed
area and a complete legal description of that area.
8
.
.
amendment thereof, that would provide for exclusive procedures and criteria for voluntary municipal
.'
annexation and planning areas that delineate the geographic area eligible for annexation by a
municipality.
Section 3. Definitions.
The following terms and phrases shall have the following meanings, unless some other meaning
is plainly indicated:
(1) "Ability to Serve" means the municipality that proposes to annex property has the authority,
responsibility, and capacity to provide police, fire, sewer, water, and solid waste disposal service. If the
annexing municipality does not have the authority, responsibility, and capacity to provide anyone or
more of these five (5) requisite urban services to the property proposed to be annexed, then it shall, by
either interlocal agreement or written authorization, obtain agreement of the service provider that is
charged with providing such service(s), attesting to that provider's ability and willingness to provide said
service(s).
(2) "Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the Pinellas County Charter, such addition making such real
property in every way a part of the municipality.
(3) "Board" means the Board of County Commissioners of Pinellas County, Florida.
(4 ) "CPA" means the Board of County Commissioners sitting in its capacity as the Countywide
Planning Authority.
(5) "Compact" means concentration of a piece of property in a single area and precludes any
action which would create pockets, finger areas, or serpentine patterns. Any annexation proceeding in
Pinellas County shall be designed in such a manner as to ensure that the area will be reasonably compact.
(6) "Contiguous" means that a substantial part of a boundary of the tenitory sought to be
annexed by a municipality is coterminous with a part of the boundary of the municipality, The separation
of the tenitory sought to be annexed from the annexing municipality by a publicly-owned county park;
3
.
.
a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or watercourse; or other
minor geographical division of a similar nature, running parallel with and between the territory sought
to be annexed and the annexing municipality, shall not prevent annexation under this ordinance.
(7) "Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws of
Florida (1988), or its designee.
(8) "County" means Pinellas County, Florida.
(9) "Municipality" means a municipality created pursuant to general or special law authorized
or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
(10) "Party affected" means any persons or firms owning property that is proposed for annexation
to a municipality, or any governmental unit having jurisdiction over such area.
(11) "Urban services" means those services required to be available and provided by a local
government, either directly or by contract, to properties located within its present boundaries and areas
proposed for annexation, including but not limited to police, fire, sewer, water, and solid waste disposal.
Section 4. Planning Areas. Delineating Eligibility for Annexation.
(1) Planning areas have been determined and depicted in map form as set forth in Exhibit 1,
attached hereto and incorporated by reference. The purpose of each planning area is to allow the
respective municipalities to consider the area in their Comprehensive Plan and delineate the geographic
area eligible for annexation to each such municipality. Each planning area was determined and delineated
consistent with the purpose and provision for establishment of planning areas, as provided for under s
163.3171, F.S. and is specifically intended to replace the review for ability to serve for annexations of
ten (10) acres or more now conducted independently by the Council under Chapter 88-464, Laws of
Florida.
(2) A municipality may annex only that property within its respective planning area as
delineated on Exhibit 1, as such Exhibit may be amended from time to time.
4
'.
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.
DRAFT No.6
May 17,2000
..
An ordinance relating to Pinellas County; providing a purpose; providing
for authority; providing definitions; providing for planning areas
delineating eligibility for annexation; providing criteria for petitions for
voluntary annexation; providing for a limited review of proposed
annexations; providing for request by affected party for full review of
proposed annexations; providing a municipal annexation procedure and
appeals therefrom; providing for the effect of annexation; providing for
interlocal agreements for urban services and annexation; providing for
exemption from state plan amendment review process; providing for
amendment to the Pinellas County Charter; providing an effective date and
referendum question; providing for severability; providing for other
modifications that may arise from review of the ordinance at the public
hearings and with responsible authorities.
WHEREAS, Pinellas County is the most densely populated county in the State of Florida, with
twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the total county
area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an on-going
significant occurrence that has important growth management and service delivery implications to the
unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded in
order to meet the citizenry's growing need for urban services; and
WHEREAS, it is essential to a workable planning and annexation process that the representatives
of both the unincorporated and incorporated jurisdictions coordinate their respective interests in a fair
and cooperative manner that respects the rights and interests of individual property owners and the
respective jurisdictions; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to be in
the best interests of the citizens of Pinellas County to implement a more rational, uniform, and clear
method for voluntary annexation on a countywide basis in order to address the inadequacies, inequities,
inefficiencies, and unpredictability of the current voluntary annexation process; and
1
.
.
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it essential
to a well-planned and balanced system of governance in Pinellas County that the method of annexation
provided for in this ordinance and subsequent charter amendment constitutes the exclusive means by
which voluntary municipal annexation may occur in Pinellas County; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has determined
that the municipalities located within Pinellas County have the ability to provide urban services to the
planning areas designated herein, and that said determination was based upon sound planning
considerations; and
WHEREAS, pursuant to s 171.044(4), F.S., the Board of County Commissioners of Pinellas
County, Florida has the authority to provide the exclusive means of voluntary annexation for
municipalities located within Pinellas County through its Charter; and
WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County Commissioners of
Pinellas County, Florida has the authority to amend the Pinellas County Charter by ordinance passed by
an affirmative vote of not less than majority plus one, subject to countywide referendum.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Pinellas
County, Florida:
Section 1. Purpose.
It is the purpose of this ordinance and subsequent charter amendment to establish a uniform,
equitable, and integrated procedure with clearly defined criteria to provide the exclusive means for
voluntary annexation of property by an incorporated municipality within Pinellas County, Florida.
Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County, Florida, and
s 171.044(4), F.S. (Supp. 1998), as a county ordinance to authorize placement of a ballot question before
the electorate to consider amendment of the Pinellas County Charter, pursuant to the provisions for
2
..
LLAS PLANNING COUNCIL
AGENDA MEMORANDUM
.
I AGENDA ITEM: V C.
SUBJECT:
Proposed Countywide Annexation Process
RECOMMENDATION:
Council Consider Draft Ordinance and Map at Public Hearing and Provide Direction as to Any
Recommended Changes
BACKGROUND:
The accompanying draft ordinance (Draft No.6) and map (Draft No.1) will be considered at public
hearing by the Council on May 17th. It is anticipated that the Council will identify any changes it
would like made in a final draft of each the ordinance and map for action at the June meeting.
The input and recommendation of PAC is requested.
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PINELLAS
PLANNING
COUNCIL
.
AGENDA FOR THE REGULAR MEETING
OF THE PINELLAS PLANNING COUNCIL
9:00 A.M. WEDNESDAY, MAY 17, 2000
PINELLAS COUNTY COURHOUSE
5TH FLOOR, BOARD ASSEMBLY ROOM
315 COURT STREET, CLEARWATER, FLORIDA
I. CALL TO ORDER
II. INVOCATION AND PLEDGE
III. CONSENT AGENDA
A. Minutes of April 19, 2000 Meeting
B. Financial Statement for April, 2000
IV. REPORTS AND OTHER ACTION
A. Annexation Report No. 00-5: City of Clearwater
B. Annexation Report No. 00-6: City of Seminole
(f) Rule Amendments - Discussion Outline Re: Transferable Development Rights (TDR's)
V. PUBLIC HEARING - To begin at 9:30 A.M. or as soon thereafter as agenda permits
A. Public Hearing Format Announcement and Oath
B. Proposed Amendments to the Countywide Future Land Use Plan
Group 1: Regular Amendments
1. Case #CWOO-24: Pinellas County
@
Proposed Countywide Annexation Process
1. Ordinance - Draft No.6
2. Map - Draft No. 1
\\PLAN_COUN\ VaLl \USERS\PCPPL02\MEMOS\May 00 PPC Agenda.doc
.
.
VI. EXECUTIVE DIRECTOR ITEMS
A. Audit Contract - Authorization to Negotiate Contract with Grant Thornton
B. Work Programs and Budget - Preliminary Drafts for 2000-01
C. Preliminary June Agenda
D. Verbal Reports
VII. OTHER COUNCIL BUSINESS
A. Chairman/Member Items
B. Correspondence
VIII. ADJOURMENT
Note: Dependent upon the length of the agenda, the Council may recess for approximately ten (10)
minutes at 10:30 a.m. or as soon thereafter as is convenient.
"Persons are advised that, if they decide to appeal any decision made at this meetinglhearing, they will
need a record of the proceedings, and, for such purpose, they may need to ensure that a verbatim record
of the proceedings is made, which record includes testimony and evidence upon which the appeal is to
be based."
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you to the provision of certain assistance. Within two
(2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S.
Ft. Harrison Avenue, suite 300, Clearwater, FL 33756. (813)464-4062 (VrrDD).
\\PLAN_COUN\ VaLl \USERS\PCPPL02\MEMOS\May 00 PPC Agenda.doc
.
.
and criteria set forth herein. If the Executive Director determines that the petition does not
state a valid basis for review under this section, he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as determined by the Executive Director
pursuant to subsection (c) above, the Council shall consider the petition at its next regularly-
scheduled meeting and forward a recommendation to the CPA. The CPA shall, within
thirty (30) days of receipt of the Council's recommendation, render a decision as to whether
the application is consistent with the required criteria and shall notify the annexing
municipality of said determination.
(2) The filing of a valid petition for review under this section, or the initiation of a full review
by the Council under Section 6, shall prohibit the annexing municipality from proceeding with the second
reading and adoption of the annexation ordinance until after a decision has been rendered by the CPA.
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria set forth
in Section 5(1), a municipality may, at any regular meeting, adopt a non-emergency ordinance to annex
the property that is proposed for annexation and re-define the boundary lines of the municipality to
include said property. Said ordinance shall be passed consistent with the procedures for adoption of
ordinances provided in s 166.041, F.S. The notice required by s 166.041, F.S., shall give the ordinance
number, if available, and a brief general description of the area proposed to be annexed. The description
shall include a map clearly showing the area and a statement that the complete legal description and the
ordinance can be obtained from the office of the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk of the
Circuit Court and Pinellas County Administrator and with the Department of State within seven (7) days
after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed
area and a complete legal description of that area.
8
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.
(3) Any party affected by the annexation or the CPA, upon recommendation of the Council,
shall have the right to file a petition in the Circuit Court in and for Pinellas County seeking review by
certiorari. Said petition must be filed within thirty (30) days of adoption of the annexation ordinance by
the annexing municipality. An appeal filed by the CPA shall be subject to the Florida Governmental
Conflict Resolution Act. In any action instituted pursuant to this section, the prevailing party shall be
entitled to reasonable costs and attorney's fees.
Section 9. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth in
this ordinance, shall be subject to all laws, ordinances, and regulations in force in that municipality, and
shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective
date of the annexation. Any voluntary annexation that does not comply with the criteria and procedures
set forth in this ordinance shall be null and void, and the property shall continue to be considered
unincorporated for both tax and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interIocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged where
they would provide a cost-effective, mutually-advantageous alternative to annexation, or where
annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of ten (10)
acres or less may be annexed into the appropriate municipal jurisdiction by interIocal agreement between
the County and the appropriate municipality.
9
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.
Section 11. State Plan Amendment Review Process.
Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set forth
in this ordinance, or annexed by referendum pursuant to the criteria and procedures set forth in Chapter
171, F.S., shall be deemed to comply with and satisfy the requirements of s 163.3171, F.S. with respect
to the exemption from state review of comprehensive plan amendments as a function of said annexation.
Specifically, upon adoption of an annexation ordinance, the annexing municipality may immediately
apply the municipality's comprehensive plan and land use standards to any such area if said
comprehensive plan provides for use characteristics and intensity or density standards which are
consistent with the Countywide Future Land Use Plan for said area, as determined by the Council,
without first submitting a land use plan amendment to the State Department of Community Affairs. It
is specifically intended that the provisions of this section shall supersede those existing interIocal
agreements entered into between the county and certain municipalities, pursuant to the authority of s
163.3171(3), which provide for joint planning areas. However, nothing contained in this ordinance shall
affect the right of the County or its municipalities to utilize the otherwise applicable provisions of s
163.3171, F.S.
Section 12. Article II, Section 2.04, of the Pinellas County Charter, as created by Chapter 80-
590, Laws of Florida, is amended to read:
(t) All powers necessary to designate planning areas delineating eligibility for
annexation by a municipality. In the event of a conflict between a county ordinance adopted pursuant
to the county's authority to designate areas eligible for annexation as provided by this Charter and a
municipal ordinance, the county ordinance shall prevail over the municipal ordinance.
10
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.
Section 13. Article IT, Section 2.07, of the Pinellas County Charter, as created by Chapter 80-
..
590, Laws of Florida, is amended to read:
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area into
its municipal boundaries in accordance with the provisions of general law, except that all voluntary
annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law, shall take
effect only upon approval by a majority vote of the electors of Pinellas County voting in a referendum
election which shall be called and held by the County Commission prior to November 30, 2000. The
question on the ballot shall be:
BAlLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY MUNICIPAL
ANNEXATION AND THE DELINEATION OF THOSE AREAS EUGIBLE FOR
ANNEXATION.
BAlLOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County Charter
be amended to provide an exclusive method for voluntary municipal annexation within
Pinellas County, and the delineation of the geographic areas of the county eligible for
annexation to a municipality, as specifically enumerated by this ordinance?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this ordinance are
declared severable.
11
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.
A TT ACHMENT I
DRAFT No.6
May 17,2000
, .
An ordinance relating to Pinellas County; providing a purpose; providing
for authority; providing definitions; providing for planning areas
delineating eligibility for annexation; providing criteria for petitions for
voluntary annexation; providing for a limited review of proposed
annexations; providing for request by affected party for full review of
proposed annexations; providing a municipal annexation procedure and
appeals therefrom; providing for the effect of annexation; providing for
interIocal agreements for urban services and annexation; providing for
exemption from state plan amendment review process; providing for
amendment to the Pinellas County Charter; providing an effective date and
referendum question; providing for severability; providing for other
modifications that may arise from review of the ordinance at the public
hearings and with responsible authorities.
WHEREAS, PineIlas County is the most densely populated county in the State of Florida, with
twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the total county
area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an on-going
significant occurrence that has important growth management and service delivery implications to the
unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded in
order to meet the citizenry's growing need for urban services; and
WHEREAS, it is essential to a workable planning and annexation process that the representatives
of both the unincorporated and incorporated jurisdictions coordinate their respective interests in a fair
and cooperative manner that respects the rights and interests of individual property owners and the
respective jurisdictions; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to be in
the best interests of the citizens of Pinellas County to implement a more rational, uniform, and clear
method for voluntary annexation on a countywide basis in order to address the inadequacies, inequities,
inefficiencies, and unpredictability of the current voluntary annexation process; and
1
.
.
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it essential
to a well-planned and balanced system of governance in Pinellas County that the method of annexation
provided for in this ordinance and subsequent charter amendment constitutes the exclusive means by
which voluntary municipal annexation may occur in Pinellas County; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has determined
that the municipalities located within Pinellas County have the ability to provide urban services to the
planning areas designated herein, and that said determination was based upon sound planning
considerations; and
WHEREAS, pursuant to s 171.044(4), F.S., the Board of County Commissioners of Pinellas
County, Florida has the authority to provide the exclusive means of voluntary annexation for
municipalities located within Pinellas County through its Charter; and
WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County Commissioners of
Pinellas County, Florida has the authority to amend the Pinellas County Charter by ordinance passed by
an affirmative vote of not less than majority plus one, subject to countywide referendum.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Pinellas
County, Florida:
Section 1. Purpose.
It is the purpose of this ordinance and subsequent charter amendment to establish a uniform,
equitable, and integrated procedure with clearly defined criteria to provide the exclusive means for
voluntary annexation of property by an incorporated municipality within Pinellas County, Florida.
Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County, Florida, and
s 171.044(4), F.S. (Supp. 1998), as a county ordinance to authorize placement of a ballot question before
the electorate to consider amendment of the Pinellas County Charter, pursuant to the provisions for
2
.
.
amendment thereof, that would provide for exclusive procedures and criteria for voluntary municipal
annexation and planning areas that delineate the geographic area eligible for annexation by a
municipality.
Section 3. Definitions.
The following terms and phrases shall have the following meanings, unless some other meaning
is plainly indicated:
(1) "Ability to Serve" means the municipality that proposes to annex property has the authority,
responsibility, and capacity to provide police, fire, sewer, water, and solid waste disposal service. If the
annexing municipality does not have the authority, responsibility, and capacity to provide anyone or
more of these five (5) requisite urban services to the property proposed to be annexed, then it shall, by
either interIocal agreement or written authorization, obtain agreement of the service provider that is
charged with providing such service(s), attesting to that provider's ability and willingness to provide said
service(s).
(2) "Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the Pinellas County Charter, such addition making such real
property in every way a part of the municipality.
(3) "Board" means the Board of County Commissioners of Pinellas County, Florida.
(4 ) "CPA" means the Board of County Commissioners sitting in its capacity as the Countywide
Planning Authority.
(5) "Compact" means concentration of a piece of property in a single area and precludes any
action which would create pockets, finger areas, or serpentine patterns. Any annexation proceeding in
Pinellas County shall be designed in such a manner as to ensure that the area will be reasonably compact.
(6) "Contiguous" means that a substantial part of a boundary of the territory sought to be
annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation
of the territory sought to be annexed from the annexing municipality by a publicly-owned county park;
3
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a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or watercourse; or other
minor geographical division of a similar nature, running parallel with and between the territory sought
to be annexed and the annexing municipality, shall not prevent annexation under this ordinance.
(7) "Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws of
Florida (1988), or its designee.
(8) "County" means PineIlas County, Florida.
(9) "Municipality" means a municipality created pursuant to general or special law authorized
or recognized pursuant to s.2 or s.6, Art. VIll, of the State of Florida Constitution.
(10) "Party affected" means any persons or firms owning property that is proposed for annexation
to a municipality, or any governmental unit having jurisdiction over such area.
(11) "Urban services" means those services required to be available and provided by a local
government, either directly or by contract, to properties located within its present boundaries and areas
proposed for annexation, including but not limited to police, fire, sewer, water, and solid waste disposal.
Section 4. Planning Areas. Delineating Eligibility for Annexation.
(1) Planning areas have been determined and depicted in map form as set forth in Exhibit 1,
attached hereto and incorporated by reference. The purpose of each planning area is to allow the
respective municipalities to consider the area in their Comprehensive Plan and delineate the geographic
area eligible for annexation to each such municipality. Each planning area was determined and delineated
consistent with the purpose and provision for establishment of planning areas, as provided for under s
163.3171, F.S. and is specifically intended to replace the review for ability to serve for annexations of
ten (10) acres or more now conducted independently by the Council under Chapter 88-464, Laws of
Florida.
(2) A municipality may annex only that property within its respective planning area as
delineated on Exhibit 1, as such Exhibit may be amended from time to time.
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(3) Unincorporated area that is not located within a defined municipal planning area, as
delineated in Exhibit 1, shall not be voluntarily annexed by any municipality unless and until Exhibit 1
is amended to include such unincorporated area in the annexing municipality's planning area.
(4) The planning areas as delineated herein on Exhibit 1 may be amended by County ordinance
upon recommendation of the Council and approval by the CPA. Any deviation by the CPA from the
Council's recommendation shall be by a majority plus one vote.
(5) Consideration of an amendment to any planning area by the Council and CPA shall be based
upon the following criteria:
(a) the nature of the request and interest of the affected property owner(s);
(b) the ability of affected municipality to provide urban services;
(c) the uniform and consistent relationship of proposed area to existing municipal
boundaries and related areas eligible for annexation; and
(d) the interest and relationship of adjoining unincorporated areas and service providers.
(6) In the event that a municipality receives a petition to voluntarily annex property that lies
outside that municipality's planning area, said petition shall be reviewed as an amendment to that
planning area in accordance with this section. Not withstanding the criteria in subsection (5), no
proposed amendment of Exhibit 1 resulting from a voluntary annexation from a portion of the
unincorporated county that is not within any municipal planning area, but is otherwise eligible for
annexation, shall be unreasonably denied without just cause.
(7) The Council shall periodically review the planning areas set forth in Exhibit 1, as it may be
amended from time to time. Any amendment to Exhibit 1 resulting from this periodic review shall be
as provided for under this section. The first review shall take place no longer than five (5) years after
final adoption of this ordinance. Each subsequent review shall take place no longer than five (5) years
after the previous review.
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(8) Any annexation that may occur in Pinellas County pursuant to the referendum process
provided for in Chapter 171, F.S., shall not automatically amend the planning areas provided for under
this section, but may be considered, in addition to the criteria listed in this section, for purposes of
amending a planning area. Failure to amend the planning area to reflect the referendum, in whole or in
part, shall not affect the validity of the annexation.
Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area of the
County, may petition the governing body of a municipality that said property be annexed to the
municipality if the subject property meets the following requirements:
(a) the property is located within the annexing municipality's planning area set forth in
Exhibit 1; and
(b) the property is contiguous to the annexing municipality and reasonably compact.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the annexing
municipality shall notify the County, Council, and all parties affected, of said proposed annexation with
a copy of the petition for annexation and a legal description of the subject property. Notwithstanding the
five (5)-day notice period provided above, the annexing municipality shall provide said notice prior to
the first reading of the annexation ordinance.
Section 6. Limited Review of Proposed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a municipality and a legal
description of the subject property, the Council shall review said proposed annexation for compliance
with the following criteria:
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(a) whether the subject property complies with the criteria and procedures set forth in
Section 5; and
(b) whether the legal description provided conflicts with previously-established municipal
boundaries or creates an inadvertent gap between governmental jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set forth
herein, or if a valid request for a full review has been received from an affected party. Absent any such
notification, the annexing municipality may proceed with the proposed annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this ordinance
by the Council, or a valid request for a full review has been received by an affected party as set forth in
Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council and CPA
to review the proposed annexation for consistency with the criteria and procedures set forth herein. Said
review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10) calendar
days of receipt of the notice provided by the annexing municipality under Section 5(2).
Upon receipt of said petition, the Council shall notify the annexing municipality and
forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the proposed
annexation is inconsistent with the criteria and procedure set forth herein.
(c) Within five (5) days of receipt of a petition requesting review, the Executive Director
of the Council shall determine the validity of said petition, specifically whether the petition
alleges legitimate grounds upon which the annexation does not comport with the procedure
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PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM
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MEETING DA TE: May 17, 2000
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I AGENDA ITEM: V C-l. & 2.
SUBJECT:
Proposed Countywide Annexation Process
RECOMMENDATION:
Council Consider Draft Ordinance and Map at Public Hearing and Provide Direction as to Any
Recommended Changes
BACKGROUND:
In accord with the Council's direction at the April meeting, the accompanying draft ordinance (Draft
No.6) and map (Draft No.1) have been advertised for consideration at public hearing for the May
meeting. Upon conclusion of the public hearing the Council may take action to forward the proposed
ordinance to the Board of County Commissioners for their consideration, or identify any changes the
Council would like made in a final draft of the ordinance and map for Council action in June.
The accompanying attachments for Council reference are as follows:
. Attachment I - Draft Ordinance No.6 (with revisions from Draft No.5 included)
. Attachment II -Memo to Council of April 28th and accompanying strike-thru/shaded
copy showing changes made to Draft No.5
. Attachment III -Draft Map No.1
InNEUASPUNMNGCOUNCnACTIOM
COUNTYWIDE PLANNING AUTHORITY ACTION:
F:\USERS\WPDOCS\MISCITEM\REGITEMS\may ppe memo proposed cw annex process. dot
SUBJECT: Proposed Countywide Annexation Process
BACKGROND (continued)
-4
DRAFT ORDINANCE NO.6
The draft ordinance is prepared in a form to provide for a countywide referendum to consider an
amendment to the Pinellas County Charter that would establish an exclusive means of voluntary
annexation throughout the County. The ordinance provides for the following:
. enumeration of purpose;
. definitions;
. establishment of planning areas delineating eligibility for annexation;
. a process for referral of all voluntary annexations;
. full review upon valid request by a party of interest;
. appeals;
. interlocal agreements in-lieu-of annexation;
. exemption from the state plan amendment review process; and
. proposed ballot language.
The proposed process derives its authority from Chapter 171.044(4), F.S. and establishes an exclusive
process fqr voluntary annexation o~ly in Pinellas County.
~Mu// -f/IC~:
ssues that have been raised"OI identIfIed with regard to the most recent draft include the following:
Referral to the PPC - The need for and desirability of referral to and review by the PPC
(Safety Harbor, Clearwater) ~ MLJ ;.W-
Annexation of Non-contiguous Property - The deSire to be able to annex non-contiguous
properties (Clearwater/others previously) ~avm~lf}J o//j---
Automatic Amendment of Planning Are;~ ~ l{h~ desire to be able to annex property that
seeks voluntary annexation outside a defined planning area without review (Clearwater)~Lj
Lack of Prohibition on the Creation of Enclaves - The desirability of allowing the creation of
enclaves (Pinellas County~&n:I.~PZ /~#Z~ - C7I
Exemption from State Review - The desirability/validity of exempting annexations l Sl e a
defined planning area, in particular annexations by referendum, from s~ate ~lan amendment
review (Pinellas County) ff P(,,~~ ~lJ)1 /$ ~ #Y ?c4~!! #f!/ ~
It is recommended that, upon conclusion of the public hearing, the Council review this list of issues,
and any others that are identified in the course of the hearing; and with an opportunity for staff input
and recommendation, provide direction as to any changes that the Council determines appropriate.
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3.
4.
5.
2
SUBJECT: Proposed CountYWloe Annexation Process
BACKGROND (continued)
DRAFT MAP NO. 1 f?C~ /
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The draft map has not been revised subsequent to its presentation in March. The following areas were
identified at or subsequent to our March meeting as needing further discussion and resolution:
1. Tarpon Sp~ngs Area - Determination relati~ /~t5>/.>A~~anded area as proposed by Tarpon
Springs. ;.,e;q~tp;? - //(2 -~ -r~/~
2. St. Petersburg an&' Pinellas Park Planrung Areas - Re~olution. of area north of Ulmerton
Road and east of Moog Road.~ ~/If?~4~h~~ J?R1-~
3. Pinellas Park and Kenneth City Planning Areas - Resolution of ar~ ~etween 5L:lth and 58th
Avenues and between 66nd and 66th Streets~ -;t(}L.U:6)rmA. ,-'U4"Cih~jff/t>
4. Belleair Bluffs and Largo Planning Areas ~- R~~lution of area east of In"dG~ R6c'ks Road
(Harbor Hills 94th Addition), Oakdale Manor, Oakdale Mano;; ~eplat, and Oakdale Manor
Addition subdivisions)~ ~/)~. f"jC. fttJ 6'
5. Seminole Refp!~nda - Con~creratlM'~e separate areas schedultj9 for referen>J~m on
/l June 13,200(j-!/1Ob~-tIP;l#!Y~4&~ I'R-tJ~f{YvUj.
& Clearwater And Safety Harbor Planning Areas - Consideration of Clearwater's request to
show city-owned property east of McMullen-Booth Road.~ ~{J/t..ItJt2dd., "P/C--
7. Safety Harbor and Clearwater Planning Areas - Consideration of Safety Harbor's request 0
Sf~~));O parceJs that are within the city limits and located west of McMullen-Booth Road.
/~ ~A 1'1C~;toA
Upon conclusion of the public hearing, and with an opportunity for staff input and recommendation,
the Council's direction on any change to the map as drafted would be appropriate.
The Planners Advisory Committee recommended the approval of the draft ordinance, subject to an
amendment that would allow for voluntary annexation of non-contiguous parcels located within
existing enclaves (Vote 10-2; with Safety Harbor and Pinellas County representatives dissenting).
It is recommended the Council receive and note the testimony from the member local governments and
the public in accord with the Council's public hearing guidelines; close the public hearing; discuss the
issues among the Council; and take such action as the Council determines appropriate.
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PINELLAS
PLANNING
COUNCIL
AGENDA
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AGENDA FOR THE REGULAR MEETING
OF THE PINELLAS PLANNING COUNCIL
9:00 A.M. WEDNESDAY, MAY 17,2000
~NELLASCOUNTYCOURHOUSE
5TH FLOOR, BOARD ASSEMBLY ROOM
315 COURT STREET, CLEARWATER, FLORIDA
I. CALL TO ORDER
II. INVOCATION AND PLEDGE
III. CONSENT AGENDA
A. Minutes of April 19, 2000 Meeting
B. Financial Statement for April, 2000
IV. REPORTS AND OTHER ACTION
(jJ Annexation Report No. 00-5: City of Clearwater ~ ~
B Annexation Report No. 00-6: City of Seminole
/C) Rule Amendments - Discussion Outline Re: Transferable Development Rights (TDR's)
~ Newsletter - Preliminary Draft
V. PUBLIC HEARING - To begin at 9:30 A.M. or as soon thereafter as agenda permits
A. Public Hearing Format Announcement and Oath
B. Proposed Amendments to the Countywide Future Land Use Plan
Group 1: Regular Amendments
1. Case #CWOO-24: Pinellas County
v
Proposed Countywide Annexation Process
1. Ordinance - Draft No.6
2. Map - Draft No. 1
\\PLAN_COUN\VOLl\USERS\PCPPL02\MEMOS\May 00 PPC Agenda.doc
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VI. EXECUTIVE DIRECTOR ITEMS
A. Audit Contract - Authorization to Negotiate Contract
B. Work Programs and Budget - Preliminary Drafts, Including:
1. Annual Work Program for 2000-01
2. Annual Budget for F.Y. 2000-01
3. Five-Year Work Program 2000-01 thru 2004-05
C. Preliminary June Agenda
D. Verbal Reports
VII. OTHER COUNCIL BUSINESS
A. Chairman/Member Items
B. Correspondence
VIII. ADJOURMENT
Note: Dependent upon the length of the agenda, the Council may recess for approximately ten (10)
minutes at 10:30 a.m. or as soon thereafter as is convenient.
"Persons are advised that, if they decide to appeal any decision made at this meetinglhearing, they will
need a record of the proceedings, and, for such purpose, they may need to ensure that a verbatim record
of the proceedings is made, which record includes testimony and evidence upon which the appeal is to
be based."
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you to the provision of certain assistance. Within two
(2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S.
Ft. Harrison Avenue, suite 300, Clearwater, FL 33756. (813)464-4062 (VtrDD).
\\PLAN_COUN\ VaLl \USERS\PCPPL02\MEMOS\May 00 PPC Agenda.doc
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between the county and certain municipalities, pursuant to the authority of s 163.3171(3), which
provide for joint planning areas. However, nothing contained in this ordinance shall affect the
right of the County or its municipalities to utilize . the otherwise applicable provisions of s
163.3171, F.S.
Section 12. Article n, Section 2.04, of the Pinellas County Charter, as created by Chapter
.
80-590, Laws of Florida, is amended to read:
(t) All powers necessary to designate planning areas delimiting
eligibility for annexation by a municipality. In the event of a conflict between a county ordinance
adopted pursuant to the county's authority to designate areas eligible for annexation as provided
by this Charter and a municipal ordinance, the county ordinance shall prevail over the municipal
ordinance.
Section 13. Article IT, Section 2.07, of the Pinellas County Charter, as created by
Chapter 80-590, Laws of Florida, is amended to read:
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area
into its municipal boundaries in accordance with the provisions of general law, except that} all
voluntary annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law,
shall take effect only upon approval by a majority vote of the electors of Pinellas County voting in
a referendum election which shall be called and held by the County Commission prior to
November 30,2000. The question on the ballot shall be:
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BALLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY
MUNICIPAL ANNEXATION AND DESIGN1..TES
THOSE AREAS ELIGIBLE FOR ANNEXATION.
BALLOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County
Charter be amended to provide an exclusive method for voluntary municipal
@{I
annexation within Pinellas County, and designate plar~ring areas which delimit m~
. the geographic areas of the county eligible for annexation to a
municipality, as specifically enumerated by this ordinance?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end,
the provisions of this ordinance are declared severable.
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\\PLAN COUNC\ VOLl\USERS\ WPDOCS\DPH\ANNEX\OO\ANNEX-Draft6-Alt I.doc
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comply with the criteria and procedures set forth in this ordinance shall be null and void, and the
property shall continue to be considered unincorporated for both tax and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interlocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or
where annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of
ten (10) acres or less may be annexed into the appropriate municipal jurisdiction by interlocal
agreement between the County and the appropriate municipality.
Section 11. State Plan Amendment Review Process.
Any area voluntaril annexed into a municipality pursuant to the criteria and procedures
set forth in this Aet 'w."x",~*~,,,,,>>~ or annexed by referendum pursuant to the criteria and procedures
set forth in Chapter 171, F.S., shall be deemed to comply with and satisfy the requirements of s
163.3171, F.S. with respect to the exemption from state review of comprehensive plan
amendment~ as a function of said annexation. Specifically, upon adoption of an annexation
-
ordinance, the annexing municipality may immediately apply the municipality's comprehensive
plan and land use standards to any such area if said comprehensive plan provides for use
characteristics and intensity or density standards which are consistent with the Countywide Future
Land Use Plan for said area, as determined by the Council, without first submitting a land use plan
amendment to the State Department of Community Affairs. It is specifically intended that the
provisions of this section shall supersede those existing interlocal agreements entered into
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ordinance to annex the property that is proposed for annexation and re-define the boundary lines
of the municipality to include said property. Said ordinance shall be passed consistent with the
procedures for adoption of ordinances provided in s 166.041, F.S. The notice required by s
166.041, F.S., shall give the ordinance number, if available, and a brief general description of the
area proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of
the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pinellas County Administrator and with the Department of State within
seven (7) days after the adoption of such ordinance. The ordinance must include a map which
clearly shows the annexed area and a complete legal description of that area.
(3) Any party affected by the annexation or the CPA, upon recommendation of the
Council, shall have the right to file a petition in the Circuit Court in and for Pinellas County
seeking review by certiorari. Said petition must be filed within thirty (30) days of adoption of the
annexation ordinance by the annexing municipality. An appeal filed by eithef the Council or CPA
shall be subject to the Florida Governmental Conflict Resolution Act. In any action instituted
pursuant to this section, the prevailing party shall be entitled to reasonable costs and attorney's
fees.
Section 9. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set
forth in this ordinance, shall be subject to all laws, ordinances, and regulations in force in that
municipality, and shall be entitled to the. same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. Any voluntary annexation that does not
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Section 5(2). Upon receipt of said petition, the Council shall notify the annexing
municipality and forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth herein.
~;~ m
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(c) Within ~w""'" ~5~ days of receipt of a petition requesting review, the Executive
Director of the Council shall determine the validity of said petition, specifically
whether the petition alleges legitimate grounds upon which the annexation does not
comport with the procedure and criteria set forth herein. If the Executive Director
determines that the petition does not state a valid basis for review under this section,
~
he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as determined by the Executive
Director pursuant to subsection ( c) above, the Council shall consider the petition at
its next regularly-scheduled meeting and forward a recommendation to the CPA
The CPA shall, within thirty (30) days of receipt of the Council's recommendation,
(2)
render a decision as to whether the application is consistent with the required criteria
and shall notify the annexing municipality of said determination.
The filing of a valid petition for review under this section, or the initiation of a full
review by the Council under Section 6, shall prohibit the annexing municipality from proceeding
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with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA
.----=--
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria
set forth in Section 6 ~(l), a municipality may, at any regular meeting, adopt a non-emergency
9
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that may occur in Pinellas County
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shall not be deemed to automatically
7.~;:~;;:
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amend the planning areas provided for under this sectio but may be considered, aIoag ':lith in
Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area
of the County, may petition the governing body ofa municipality that said property be annexed to
the municipality if the subject property meets the following requirements:
(a) the property is located within the annexing municipality's planning area set
forth in Exhibit 1; =>=_"
(b) the property is contiguo':!.S to the annexing municipality and reasonably
comp~.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the~, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject
property. Notwithstanding the five (5)-day notice period provided above, the annexing
municipality shall provide said notice prior to the first reading of the annexation ordinance.
a;~
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Section 6. Limited Review of Pr~posed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a munkipality and a legal
description of the subject property, the Council shall review said proposed annexation for
compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth
in Section 5; and
(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental
jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set
forth herein, (f!Jr a valid request for a full review h_as been received from an affected party.
~y such notification, the annexing municipality may proceed with the proposed
annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this
ordinance by the Council, or a valid request for a full review has been received by an affected
party as set forth in Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council
and CPA to review the proposed annexation for consistency with the criteria and procedures set
forth herein. Said review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council ~n ten ~
calendar days of receipt of the notice provided by the annexing municipality under
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(3) .Board" means the Board of County Commissioners of Pine lIas County, Florida.
(4) .CPA" means the Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority.
(5) .Compact" means concentration ofa piece of property in a single area and precludes
any action which would create pockets, finger areas. or serpentine patterns. Any annexation
proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be
reasonably compact.
(6) .Contiguous" means that a substantial part of a boundary of the territory sought to
be annexed by a municipality is coterminous with a part of the boundary of the municipality. The
separation of the territory sought to be annexed from the annexing municipality by a publicly-
owned county park; a right-of-way for a highway, road. railroad. canal. or utility; or a body of
water or watercourse; or other minor geographical division of a similar nature, running parallel
with and between the territory sou ht to be annexed and the annexing municipality, shall not
prevent annexation under this :Aet ~,,,n<<,,.,,,,<<.x,'
(7) .Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws
of Florida (1988), or its designee.
(8) .County" means Pinellas County, Florida.
(9) .Municipality" means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VITI, of the State of Florida Constitution.
(10) -Party affected" means any persons or firms owning property that is proposed for
annexation to a municipality, or any governmental unit having jurisdiction over such area.
(11) .Urban services" means those services required to be available and provided by a
local government, either directly or by contract, to properties located within its present
4
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boundaries and areas proposed for annexation, including but not limited to police, fire, sewer,
water, and solid waste disposal.
Section 4. Planning Areas - Delimiting ~",~JJlg3^Jn Eligibilifor Annexation.
(1) Planning areas have been determined and delineated., *"''''''''>0,'' in map fonn as set
forth in Exhibit 1, attached hereto and incorporated by reference. The purpose of each planning
area is to allow the respective municipalities to consider the area in their Comprehensive Plan and
delimit <<<<"""".",,'m''''' the geographic area eligible for annexation to each such municipality. Each
planning area was determined and delineated consistent with the purpose and provision for
~~li~il;)
establishment of planning areas, as provided for under s 163.3171, IISJ and is specifically
intended to replace the review for ability to serve for annexations often (10) acres or more now
conducted independently by the Council under Chapter 88-464, Laws of Florida.
(2) The pJar~iing areas designated herein may be amended by oounty ordinance upon
reoommendation of the Council to the CP.\. fJiY deviation from the Council's reoommendatioR
by the CP fa. shall be by a majority vote plus ORe. CORsideratioa of a ehaage to any plan:ling area
(3) Unincorporated area that is not located withinJ;;","",^").tMm,.,,,,".,,,,,,,,;~planning area,
as delineated in Exhibit 1, shall not be """"",J!!l.,~,,~ annexed by any municipality pursuant to the
criteria and procedures set f-acth herein, unless and until Exhibit 1 is amerided to include such
unincorporated area in the annexing municipality's planning area. However, iR the e'/em that a
municipality receives a petition to voluntarily annex property that lies outside that municipality's
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plar..iing area, said petition sh.all be revie>l/ed in accordance '.vith subsection (2) abo';e, in addition
r#t1fl.
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lB,1 nature of the request and interest of the affected property owner(s);
".;.;. .....
(b )!l1.1 ability of affected municipality to provide urban servicesi-
~;:.::::::;:;:~~;:
:.~:.:::.:.:.:.:.:.:
(c) lil! unifofQ! and consistent re~p of proposed area to existing municipal
boundaries and related areas eligible for annexation; and
(d) f!1 interest and relationship of adjoining unincorporated areas and service
*
The Council shall periodically review the planning areas set forth in Exhibit 1,
be amended from time to time. Any amendment thereto L.
shall be as provided for under subsection (2) above mi.....
~m~!
The first review
shall take place no longer than five (5) years after final adoption of this ordinance. Each
subsequent review shall take place no longer than five (5) years after the previous review.
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inadequacies, inequities, inefficiencies, and unpredictability of the current voluntary annexation
process; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it
essential to a well-planned and balanced system of governance in Pinellas County that the method
of annexation provided for in this ordinance and subsequent charter amendment constitutes the
exclusive means by which voluntary municipal annexation may occur in Pinellas County; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has
detennined that the municipalities located within Pinellas County have the ability to provide urban
services to the planning areas designated herein, and that said determination was based upon
WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County
Commissioners of Pine lIas County, Florida has the authority to amend the Pinellas County Charter
by ordinance passed by an affinnative vote of not less than majority plus one, subject to
countywide referendum.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of
Pinellas County, Florida:
Section 1. Purpose.
It is the purpose of this ordinance ~.w.w.,M..."..",.""
uniform, equitable, and integrated procedure with clearly defined criteria to provide the exclusive
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means for voluntary annexation of property by an incorporated municipality within Pinellas
County, Florida.
Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County,
Florida, and s 171.044(4), F.S. (Supp. 1998), as a county ordinance to authorize placement of a
ballot question before the electorate to consider amendment of the Pinellas CounD' Charter,
pursuant to the provisions for amendment thereof, that would establish the prQ, ... ... ...... exclusive
procedures and criteria for voluI,ltary municip~m~exation and establish planning areas that
delimit!!!nt~~~g.....:!!ii eligibility =ul~i! for annexation by a municipality.
Section 3. Definitions.
The following terms and phrases shall have the following meanings, unless some other
meaning is plainly indicated:
(1) "Ability to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, and solid waste
disposal service. If the annexing municipality does not have the authority, responsibility, and
capacity to provide anyone or more of these five (5) requisite urban services to the property
proposed to be annexed, then it shall, by either interlocal agreement or written authorization,
obtain agreement of the service provider that is charged with providing such service(s), attesting
to that provider's ability and willingness to provide said service(s).
(2) "Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the Pinellas County Charter, such addition making such real
property in every way a part of the municipality.
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DRAFT No.6
May 17,2000
An ordinance relating to Pinellas County; providing a purpose;
providing for authority; PE.?~~~~~.N definitions; providing for
planning areas delimiting g~nn~OOg eligibility for annexation;
provi~~~~~~teria for petitions for voluntary annexation; providing
for a mmt~g review of proposed annexations; providing for request
by affected party for full review of proposed annexations; providing
a municipal annexation procedure and appeals therefrom; providing
for the effect of annexation; providing for interl<?c~a.gr.e.e.~e.Ilts for
urban services and annexation; providing for ~!~m.pYQnIrQm state
plan amendment review process; providing for amendment to the
Pinellas County Charter; providing an effe.c!~ye4a.te.aJl~r.e.(ete.Il~~rn.:
,.IiIt.=-'If..
WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the
total county area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an
on-going significant occurrence that has important growth management and service delivery
implications to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be
WHEREAS, the Board of County Commissioners of Pine lias County, Florida, deems it to
be in the best interests of the citizens of Pinellas County to implement a more rational, uniform,
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Section 11. State Plan Amendment Review Process.
Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set
forth in this ordinance or annexed by referefldum pursUaflt to the criteria and pmcedur-es set forth in
Chapter 171, F.S., that is located within a municipality's designated planning area shall be deemed
to comply with and satisfy the requirements of s 163.3171, F.S. with respect to the exemption from
state review of comprehensive plan amendments as a function of said annexation. Specifically, upon
adoption of an annexation ordinance, the annexing municipality may immediately apply the
municipality's comprehensive plan and land use standards to any such area if said comprehensive
plan pmvides for use characteristics and intensity or density standards which are consistent with the
Countywide Future Land Use Plan for said area, as determined by the Council, without first
submitting a land use plan amendment to the State Department of Community Affairs. It is
specifically intended that the provisions of this section shall supersede those existing interIocal
agreements entered into between the county and certain municipalities, pursuant to the authority of
s 163.3171(3), which provide for joint planning areas. However, nothing contained in this ordinance
shall affect the right of the County or its municipalities to utilize the otherwise applicable provisions
of s 163.3171, F.S.
Section 12. Article IT, Section 2.04, of the Pinellas County Charter, as created by Chapter
80-590, Laws of Florida, is amended to read:
(t) All powers necessary to designate planning areas delineating eligibility for
annexation by a municipality. In the event of a conflict between a county ordinance adopted
pursuant to the county's authority to designate areas eligible for annexation as provided by this
Charter and a municipal ordinance, the county ordinance shall prevail over the municipal ordinance.
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Section 13. Article II, Section 2.07, of the Pinellas County Charter, as created by Chapter
80-590, Laws of Florida, is amended to read:
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area
into its municipal boundaries in accordance with the provisions of general law, except that all
voluntary annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law, shall
take effect only upon approval by a majority vote of the electors of Pinellas County voting in a
referendum election which shall be called and held by the County Commission prior to
November 30, 2000. The question on the ballot shall be:
BALLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY
MUNICIPAL ANNEXATION AND THE DELINEATION OF THOSE AREAS
EUGIBLE FOR ANNEXATION.
BALLOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County
Charter be amended to provide an exclusive method for voluntary municipal
annexation within Pinellas County, and the delineation of the geographic areas of the
county eligible for annexation to a municipality, as specifically enumerated by this
ordinance?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of the ordinance which
can be given effect without the invalid provision or application, and to this end, the provisions of this
ordinance are declared severable.
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PINELLAS PLANNING COUNCIL RESOLUTION NO. 2000-2 "4~r
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A RESOLUTION TRANSMITTING AND RECOMMENDING
APPROVAL OF AN ORDINANCE THAT WILL AUTHORIZE A
REFERENDUM TO CONSIDER AMENDMENT OF THE
PINELLAS COUNTY CHARTER TO ESTABLISH THE
EXCLUSIVE MEANS OF VOLUNTARY ANNEXATION IN
PINELLAS COUNTY.
WHEREAS, the Pinellas Planning Council, with the participation of the Board of
County Commissioners, prepared and approved a Strategic Plan in 1999; and
WHEREAS, the Pinellas Planing Council Strategic Plan identified as a specific
objective the preparation and consideration of legislation designed to address annexation
in a more comprehensive and systematic manner; and
WHEREAS, the PineIlas Planning Council has undertaken a careful evaluation
over the last year of annexation and related service delivery issues and the potential
means by which to address these issues; and
WHEREAS, the Pinellas Planning Council has developed a proposed ordinance
that would authorize a referendum to amend the County Charter to provide for an
exclusive means of voluntary annexation in PineIlas County; and
WHEREAS, said ordinance and accompanying map establish the basis and
rationale for said voluntary annexation process; and
WHEREAS, the Pinellas Planning Council has undertaken extensive
coordination and review of the proposed ordinance, including two public hearings; and
WHEREAS, the PineIlas Planning Council has determined that it is in the public
interest that this proposed charter amendment be approved.
NOW THEREFORE, BE IT RESOLVED BY THE PINELLAS PLANNING
COUNCil- THAT:
1.
This Resolution and the attached ordinance and accompanying map be
transmitted to the Board of County Commissioners;
The Board of County Commissioners be requested to authorize
advertisement for, and schedule public hearings to consider, the
ordinance, preferably on August 1 and August 15,2000; and
The Board of County Commissioners be requested to approve the
ordinance as submitted so as to enable a referendum on the recommended
ballot question to amend the County Charter for the November 7, 2000
general election.
2.
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3.
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This Resolution offered and adopted at the June 21, 2000 meeting of the Pinellas
Planning Council as hereinafter set forth:
Councilmember
seconded by Councilmember
offered the foregoing Resolution, which was
, and the vote was:
AYES:
NAYS:
ABSENT AND NOT VOTING:
David P. Healey, Executive Director
Pinellas Planning Council
Robert Kersteen, Chairman
Pinellas Planning Council
F:\users\wpdocs\miscitem\regitems\Ann.resolution no.2000-2
DRAFr
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DRAFT No.7
.Tune 21. 2000
AN ORDINANCE RELATING TO PINELLAS COUNTY;
PROVIDING A PURPOSE; PROVIDING FOR AUTHORITY;
PROVIDING DEFINITIONS; PROVIDING FOR PLANNING
AREAS DELINEATING EUGIBlLITY FOR ANNEXATION;
PROVIDING CRITERIA FOR PETITIONS FOR VOLUNTARY
ANNEXATION; PROVIDING FOR A UMITED REVIEW OF
PROPOSED ANNEXATIONS; PROVIDING FOR REQUEST BY
AFFECTED PARTY FOR FULL REVIEW OF PROPOSED
ANNEXATIONS; PROVIDING A MUNICIPAL ANNEXATION
PROCEDURE AND APPEALS THEREFROM; PROVIDING FOR
THE EFFECT OF ANNEXATION; PROVIDING FOR
INTERLOCAL AGREEMENTS FOR URBAN SERVICES AND
ANNEXATION; PROVIDING FOR EXEMPTION FROM STATE
PLAN AMENDMENT REVIEW PROCESS; PROVIDING FOR
AMENDMENT TO THE PINELLAS COUNTY CHARTER;
PROVIDING AN EFFECTIVE DATE AND REFERENDUM
QUESTION; PROVIDING FOR SEVERABlLITY; AND
PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE
FROM REVIEW OF THE ORDINANCE AT ~ PUBUC
HEARINGS AND WITH RESPONSIBLE '^1UTHORITIES.
WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the total
county area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an on-
gomg significant occurrence that has important growth management and service delivery
implications to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded
in order to meet the citizenry's growing need for urban services; and
WHEREAS, it is essential to a workable planning and annexation process that the
representatives of both the unincorporated and incorporated jurisdictions coordinate their respective
interests in a fair and cooperative manner that respects the rights and interests of individual property
owners and the respective jurisdictions; and
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WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to
be in the best interests of the citizens of Pinellas County to implement a more rational, uniform, and
clear method for voluntary annexation on a countywide basis in order to address the inadequacies,
inequities, inefficiencies, and unpredictability of the current voluntary annexation process; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it
essential to a well-planned and balanced system of governance in PineUas County that the method
of annexation provided for in this ordinance and subsequent charter amendment constitutes the
exclusive means by which voluntary municipal annexation may occur in PineUas County; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has
determined that the municipalities located within Pinellas County have the ability to provide urban
services to the planning areas designated herein, and that said determination was based upon sound
planning considerations; and
WHEREAS, pursuant to s 171.044(4), F.S., the Board of County Commissioners of Pinellas
County, Florida has the authority to provide the exclusive means of voluntary annexation for
municipalities located within Pinellas County through its Charter; and
WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County
Commissioners of Pinellas County, Florida has the authority to amend the PineUas County Charter
by ordinance passed by an affirmative vote of not less than majority plus one, subject to countywide
referendum.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of
Pinellas County, Florida:
Section 1. Purpose.
It is the purpose of this ordinance and subsequent charter amendment to establish a uniform,
equitable, and integrated procedure with clearly defined criteria to provide the exclusive means for
voluntary annexation of property by an incorporated municipality within Pinellas County, Florida.
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Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County, Florida,
and s 171.044(4), F.S. (Supp. 19981999), as a county ordinance to authorize placement of a ballot
question before the electorate to consider amendment of the Pinellas County Charter, pursuant to the
provisions for amendment thereof, that would provide for exclusive procedures and criteria for
voluntary municipal annexation and planning areas that delineate the geographic area eligible for
annexation by a municipality.
Section 3. Definitions.
The following terms and phrases shall have the following Il)eanings, unless some other
meaning is plainly indicated:
(1) "Ability to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, iHlEl solid waste~ disposal
and local road and drainage facility service~. If the annexing municipality does not have the
authority, responsibility, and capacity to provide anyone or more of these five (5) seven (7) requisite
urban services to the property proposed to be annexed, then it shall, by either interIocal agreement
or written authorization, obtain agreement of the service provider that is charged with providing such
service(s), attesting to that provider's ability and willingness to provide said service(s).
(2) "Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the PinelIas County Charter, such addition making such real
property in every way a part of the municipality.
(3) "Board" means the Board of County Commissioners of Pinellas County, Florida.
(4) "CPA" means the Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority.
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(5) "Compact" means concentration of a piece of property in a single area and precludes
any action which would create pockets, finger areas, or serpentine patterns. Any annexation
proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be
reasonably compact.
(6) "Contiguous" means that a substantial part of a boundary of the territory sought to be
annexed by a municipality is coterminous with a part of the boundary of the municipality. The
separation of the territory sought to be annexed from the annexing municipality by a publicly-owned
county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or
watercourse; or other minor geographical division of a similar nature, running parallel with and
between the territory sought to be annexed and the annexing municipality, shall not prevent
annexation under this ordinance.
(7) "Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws
of Florida (1988), or its designee.
(8) "County" means Pinellas County, Florida.
(9) "Enclave" means any unincorporated area that is enclosed within and bounded on all
sides by a single municipality.
t91 Q.Q} "Municipality" means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
~ f.ill "Party affected" means any persons or firms owning property that is proposed
for annexation to a municipality, or any governmental unit having jurisdiction over such area.
fl-B .Q.2} "Urban services" means those services required to be available and provided by
a local government, either directly or by contract, to properties located within its present boundaries
and areas proposed for annexation, including but not limited to police, fire, sewer, water, ftfltI solid
waste.. disposal and local road and drainage facility services.
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Section 4. Planning Areas - Delineating Eligibility for Annexation.
(1) Planning areas have been determined and depicted in map form as set forth in Exhibit
1, attacheg hereto and incorporated by reference. The purpose of each planning area is to allow the
respective municipalities to consider the area in their Comprehensive Plan and delineate the
geographic area eligible for annexation to each such municipality. Each planning area was
determined and delineated consistent with the purpose and provision for establishment of planning
areas, as provided for under s 163.3171, F.S. and is specifically intended to replace the review for
ability to serve for annexations of ten (10) acres or more now conducted independently by the
Council under Chapter 88-464, Laws of Florida.
(2) A municipality may annex only that property within its respective planning area as
delineated on Exhibit 1, as such Exhibit may be amended from time to time.
(3) Unincorporated area that is not located within a defined municipal planning area, as
delineated in Exhibit 1, shall not be voluntarily annexed by any municipality unless and until Exhibit
1 is amended to include such unincorporated area in the annexing municipality's planning area.
(4) The planning areas as delineated herein on Exhibit 1 may be amended by County
ordinance upon recommendation of the Council and approval by the CPA. Any deviation by the
CPA from the Council's recommendation shall be by a majority plus one vote.
(5) Consideration of an amendment to any planning area by the Council and CPA shall be
based upon the following criteria:
(a) the nature of the request and interest of the affected property owner(s);
(b) the ability of affected municipality to provide urban services;
(c) the uniform and consistent relationship of the proposed area to existing municipal
boundaries. existing unincorporated neighborhoods. and related areas eligible for
annexation; and
(d) the interest and relationship of adjoining unincorporated areas and service
providers.
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(6) In the event that a municipality receives a petition to voluntarily annex property that
JjJJft
lies outside that municipality's planning area, said petition shall be reviewed as an amendment to that
~1J ltffU~a?~l~
planning area in accordance with this section. Not wit~QiHg tJx,- critGria h. ~ubs-cctieft (5), 110
p)~)--~hr ~fEo#hP>Jo
proposed amendment of Exhibit ~ resulting from a voluntary annexation~IIl (1 pU1l~on of thc.-
uJ!i~orated county that is not within :my mlUliciJ:lal plauuing area)but is otherwise eligible for
~
annexation, shaIlbe unreasonably denied without just cause.
/I
(7) The Council shall periodically review the planning areas set forth in Exhibit 1, as it
may be amended from time to time. Any amendment to Exhibit 1 resulting from this periodic review
shall be as provided for under this section. The first review shall take place no longer than five (5)
years after final adoption of this ordinance. Each subsequent review shall take place no longer than
five (5) years after the previous review.
(8) Any annexation that may occur in Pinellas County pursuant to the referendum process
provided for in Chapter 171, F.S., shall not automatically amend the planning areas provided for
under this section, but may be considered, in addition to the criteria listed in this section, for
purposes of amending a planning area. Failure to amend the planning area to reflect the referendum,
in whole or in part, shall not affect the validity of the annexation.
(9) Any area duly incorporated and within the boundaries of a municipality on the effective
date of this ordinance. but not included within its designated planning area. shall continue to be a
valid part of said municipality with all of the rights and responsibilities attendant thereto: and the
location of such incorporated area outside the planning area shall in no way alter or compromise its
corporate status.
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Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area of
the County, may petition the governing body of a municipality that said property be annexed to the
municipality if the subject property meets the followiFlg requirements set forth in either (a) or (b)
below:
(a) the property is located within the annexing municipality's planning area set forth
in Exhibit 1..; and (b) the property is contiguous to the annexing municipality fffiEl, is
reasonably compact. and does not create an enclave: or
7f (b) the property is located within the annexing municipality's planning area as set
forth in Exhibit 1. is located within and reduces an enclave existing on the effective
date of this ordinance. and neither involves a property that is subiect to an existing
annexation agreement nor provides the basis for establishing contiguity to an adjoining
property that is subiect to an annexation agreement.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the County, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject property.
Notwithstanding the five (5)-day notice period provided above, the annexing municipality shall
provide said notice prior to the first reading of the annexation ordinance.
Section 6. Limited Review of Proposed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a municipality and a legal
description of the subject property, the Council shall review said proposed annexation for
compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth
in Section 5; and
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(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental
jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set
forth herein, or if a valid request for a full review has been received from an affected party. Absent
any such notification, the annexing municipality may proceed with the proposed annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this
ordinance by the Council, or a valid request for a full review has been received by an affected party
as set forth in Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council and
CPA to review the proposed annexation for consistency with the criteria and procedures set forth
herein. Said review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10)
calendar days of receipt of the notice provided by the annexing municipality under
Section 5(2). Upon receipt of said petition, the Council shall notify the annexing
municipality and forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth herein.
(c) Within five (5) days of receipt of a petition requesting review, the Executive
Director of the Council shall determine the validity of said petition, specifically
whether the petition alleges legitimate grounds upon which the annexation does not
comport with the procedure and criteria set forth herein. If the Executive Director
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determines that the petition does not state a valid basis for review under this section,
he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as determined by the Executive
Director pursuant to subsection (c) above, the Council shall consider the petition at its
next regularly-scheduled meeting and forward a recommendation to the CPA. The
CPA shall, within thirty (30) days of receipt of the Council's recommendation, render
a decision as to whether the application is consistent with the required criteria and shall
notify the annexing municipality of said determination.
(2) The filing of a valid petition for review under this section, or the initiation of a full
review by the Council under Section 6, shall prohibit the annexing municipality from proceeding
with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA.
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria set
forth in Section 5(1)(a) or (b), a municipality may, at any regular meeting, adopt a non-emergency
ordinance to annex the property that is proposed for annexation and re-define the boundary lines of
the municipality to include said property. Said ordinance shall be passed consistent with the
procedures for adoption of ordinances provided in s 166.041, F.S. The notice required by s 166.041,
F.S., shall give the ordinance number, if available, and a brief general description of the area
proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of
the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pinellas County Administrator and with the Department of State within
seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly
shows the annexed area and a complete legal description of that area.
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(3) Any party affected by the annexation or the CPA, upon recommendation of the
Council, shall have the right to file a petition in the Circuit Court in and for Pinellas County seeking
review by certiorari. Said petition must be filed within thirty (30) days of adoption of the annexation
ordinance by the annexing municipality. An appeal filed by the CPA shall be subject to the Florida
Governmental Conflict Resolution Act. In any action instituted pursuant to this section, the
prevailing party shall be entitled to reasonable costs and attorney's fees.
Section 9. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth
in this ordinance, shall be subject to all laws, ordinances, and regulations in force in that
municipality, and shall be entitled to the same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. Any voluntary annexation that does not
comply with the criteria and procedures set forth in this ordinance shall be null and void, and the
property shall continue to be considered unincorporated for both tax and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interIocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or
where annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of ten
(10) acres or less may be annexed into the appropriate municipal jurisdiction by interIocal agreement
between the County and the appropriate municipality.
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P&LLAS PLANNING coull
AGENDA MEMORANDUM
I AGENDA ITEM:
SUBJECT:
Proposed Countywide Voluntary Annexation Process
RECOMMENDATION:
Council Consider Draft Ordinance and Map at Public Hearing and Adopt Accompanying
Resolution To Transmit and Recommend Approval To the Board of County Commissioners
BACKGROUND:
In accord with the Council's direction following public hearing at the May meeting, revisions to the
draft ordinance and map have been made and the revised ordinance (Draft No.7 and map (Draft No.2)
have been advertised for consideration at a second public hearing scheduled for the June meeting.
The accompanying attachments for Council reference and consideration are as follows:
. Attachment I - Draft Ordinance No.7 (with revisions from Draft No.6 noted)
. Attachment II -Draft Map No.2
. Resolution No. 2000-02 - Transmitting Recommended Ordinance to the Board of County
Commissioners
I PINEUAS PLANNING COUNCIL ACTION:
COUNTYWIDE PLANNING AUTHORITY ACTION:
F:\USERS\WPDOCS\MISCITEM\REGITEMS\Tune 00 annex agenda memo.dot
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SUBJECT: Proposed Countywide Annexation Process
BACKGROND (continued)
DRAFT ORDINANCE NO.7
The draft ordinance is prepared in a form to provide for a countywide referendum to consider an
amendment to the Pinellas County Charter that would establish an exclusive means of voluntary
annexation throughout the County.
Revisions that are reflected in Draft No.7 include additions that are underlined and deletions that are
struck th..-u as follows:
L.:....-
@
7.
1.
Minor editorial revisions in the Title (p.1), and in Section 2. (p.3).
2.
Addition of local road and drainage facility services to the definitions of "Ability to
Serve" and "Urban Services (Section 3(1) and (12) pgs. 3. and 4.).
3.
Addition of definition of "Enclaves" (Section 12 (9) pA.) to reflect addition of enclaves
as a criterion for annexation in Section 5 (p.7).
4.
Addition of existing unincorporated neighborhoods as a consideration in any request to
amend planning areas (Section 4(5)(c), p.5.).
5.
Addition of paragraph clarifying and reaffirming valid status of existing incorporated
areas outside a planning area (Section 4(9) p.6.).
Addition of the prohibition on creating a new enclave and providing for noncontiguous
annexation within an existing enclave, subject to certain limitations (Section 5(1)(a) and
(b), p. 7.) and reference to same (Section 8(1), p.9.).
Elimination of the exemption for State review of plan amendments in the course of
annexation for other than voluntary annexation and clarification that such exemption
applies only within defined planning area (Section 11, p.ll).
2
II
...h.
J
SUBJECT: ProposedCountYWI e Annexation Process
BACKGROND (continued)
DRAFT MAP NO.2
The draft map has been revised based upon Council input following the public hearing on May 18th as
follows:
1.
Tarpon Springs Planning Area was adjusted slightly to square off eastern boundary at George
Street north to Pasco County line.
2.
Pinellas Park and St. Petersburg Planning Areas were adjusted to reflect interlocal agreement
boundary at Ulmerton and Moog Roads.
3.
Pinellas Park and Kenneth City Planning Areas were adjusted to include area south of 58th
A venue and east of 66th Street in Kenneth City Planning Area.
C9
Clearwater and Safety Harbor Planning Areas were adjusted to reflect eXIstmg City of
CI~ater owned property and public faci1iti~s east of McMullen Booth Ro~d and north 0
State R~80.
RESOLUTION NO. 2000-2
It is recommended the Council receive and note the testimony from the member local governments and
the public in accord with the Council's public hearing guidelines; close the public hearing; discuss the
issues among the Council; identify any changes that the Council wants made; and approve Resolution
No. 2000-02 to transmit the recommendation to the Board of County Commissioners for their
consideration and action.
3
.
.
AGENDA - (Regular Public Meeting)
Pinellas County
Board of County Commissioners,
August 15,2000
6:30 P.M.
INVOCA TION
PLEDGE OF ALLEGIANCE to the Flag of the United States of America
PRESENTATIONS & AWARDS
A. CITIZENS TO BE HEARD
Any Person Wishing to Speak at this Time (Excludine: Issues on the Agenda or
Previously Acted on by the BCC) Must Have a Card Filled Out and Turned in to
Staff at the Administrative Table Located at the Front of the Board Room.
B. CONSENT AGENDA
CLERK OF CIRCUIT COURT
1. Approval of Minutes - Regular Meeting Held August 1,2000.
2. Reports:
a. Southwest Florida Water Management District FY 2001 Standard
Format Tentative Budget Submission and Unit Cost Exercise Dated
August 1,2000 Pursuant to Section 373.536, Florida Statutes.
3. Other Approvals:
a. General:
1. Recommendation that the Board of County Commissioners
Authorize an Additional $300.00 (from $200.00 to 5500.00) in the
Petty Cash Fund in Management Information Services.
2. Recommendation that the Board of County Commissionen
Authorize an Additional $200.00 (from 550.00 to 5250.00) in the
Petty Cash Fund in the St. Petenburg Branch Office.
3. Recommendation that the Board of County Commissioners
Authorize the Issuance of a Check in the Amount of 523,462.78
for Tax Deed Surplus Certificate No. 6169, Payable to Thomas
F. Cox, Esquire P.A. Trust Account for the Estate of Everett Lee
Franks, 248 First Avenue North, St. Petenburg, FL 33701.
b. Satisfactions of Judgments and Liens.
.
.
AGENDA - August 15, 2000
Page 2
4. Miscellaneous Items to be Received for Filing:
a. City of Tarpon Springs Notices of Proposed Annexation, Land Use and
Zoning Regarding Ordinances Nos. 2000-29 and 2000-30, Public
Hearings to be Held August 21 and 29 and September 5 and 19,2000.
b. Correspondence from City of Pinellas Park Regarding Ordinances
Nos. 2733 through 2737, Voluntarily Annexing Certain Property,
Public Hearings Held August 8, 2000.
c. City of Clearwater Notice of Public Hearings to be Held August 15,
2000 Regarding Community Development Board and Annexation,
Land Use Plan and Zoning Atlas Amendments Regarding Ordinances
Nos. 6588-00 through 6593-00.
d. City of Clearwater Notice of City Commission Public Hearing to be
Held Thursday, August 17,2000.
COUNTY ADMINISTRATOR
Bud2et and Finance
5. Budget Amendments: Nos. 35 - 36.
Public Works
6. Approval of Subdivision Plats and Related Items.
7. Receipt and File of Plans and Specifications for the Construction of Bruce
Lane from A very Lane to Alderman Road.
Utilities
8. Approval of Release of Sewer, Water and Reclaimed Water Liens.
General
9. Approval of A ward of Bids:
a. Asphalt Concrete, Pick Up Only (COOP).
b. Security Transport Services.
c. Deceased Transport Services.
.
AGENDA - August 15,2000
.
Page 3
10. Approval to Declare Surplus and Authorize the Sale of County Owned
Vehicles, Heavy Equipment and Related Parts.
11. Approval of Release of Lien (Housing) - Charles R. Wolfersberger and
Geraldine V. Wolfersberger.
12. Approval of Satisfaction of Mortgage (Housing) - Lamar Henderson and
Dorothy Henderson.
C. REGULAR AGENDA
13. Items for Discussion from Consent Agenda (County Administrator and Clerk
of Circuit Court).
COUNTY ADMINISTRATOR
Public Works
14. Approval to Execute Interlocal Agreement - City of Indian Rocks Beach,
Gulf Boulevard Pedestrian Refuge Islands.
15. Approval to Execute Interlocal Agreement - Various Transportation
Improvements within the City of St. Pete Beach.
16. Approval to Execute Amendment No.4 to the Agreement for the Dansville
Redevelopment Area, Site Planning Services.
17. Approval of Execution of a Conservation Easement from Pinellas County to
the Southwest Florida Water Management District for the Regional
Environmental Mitigation Site at McMullen-Booth Road and Curlew Road.
18. Approval of Acquisition of a Metes and Bounds Tract, Parcel Number 5 for
the C.R. 1 (Tampa Road to New York Avenue) Project.
19. Approval of Acquisition of a Portion of a Metes and Bounds Tract, Parcel
Number 71 for the Keene Road (C.R. 1) Phase II (Curlew Road to Tampa
Road) Project.
Airport
20. Approval of Addendum No. 2 to the Interlocal Agreement with the Pinellas
County Sheriff's Office for Law Enforcement Services at the St.
Petersburg/Clearwater International Airport.
.
.
AGENDA - August 15, 2000
Page 4
Utilities
21. Approval of Change Order No. 1 - Well Point Dewatering System at the
Toy town Sanitary Landfill.
22. Approval of Contract Extension - Corrosion Inhibitor.
23. Approval of Purchase of A ward Plaques.
24. Approval of Supplement No.4 to the Engineering Agreement for Consulting
Services for North CountylEast Lake Sewer Service Area Modifications.
25. Approval of an Interlocal Agreement between Pinellas County and the City of
Madeira Beach for the Construction of Potable Water and Reclaimed Water
Lines in John's Pass Village.
General
26. Approval of Contract Cancellation - Automotive Paint, Body, and Frame
Repair.
27. Approval of Change Order No.2 - Social Services Building Remodeling and
HV A C Improvements.
28. Approval of Non-Competitive Purchase - Combined Cell Phone, Radio,
Pager Unit and Services.
29. Approval of Increase to Master Purchase Orders:
a. Paint and Supplies, 1999/2000 (COOP).
b. Grainger Catalog "Most Items."
c. Plant Materials.
30. Approval of Purchase Authorization - Wide Area Network (WAN) LAN
Upgrade.
31. Approval of Amendment No.1 to the Agreement for Hospital Services for
Indigents.
32. Approval of Final Completion and Release of Retainage - Re-Roofing of
Sheriff's Evidence Storage and Central Distribution Warehouses.
.
.
AGENDA - August 15, 2000
Page 5
33. Approval of Increase to the Guaranteed Maximum Price and Construction
Management Fee - Construction Management Agreement, Clearwater
Courthouse 5th Floor Renovations.
34. Adoption of a Resolution Reallocating Reserve for Future Years - Fleet
Management Fund.
35. Other Administrative Matters.
CLERK OF CIRCUIT COURT
36. Approval of Vouchers and Bills:
a. Weekly Vouchers and Bills.
COUNTY ATTORNEY
37. Authority for County Attorney to Defend:
a. Countrywide Home Loans, Inc. etc. v. Patricia A. Mack, et al - Circuit
Civil Case No. 00-4865-CI-15- Mortgage Foreclosure Involving
Judgments for Attorney Fees and Costs and Judgments for Fine and
Costs.
b. Barry A. Symington v. Moss Funeral Home, Inc., et al - Circuit Civil
Case No. 00-4645-CI-21 - Mortgage Foreclosure Involving a Judgment
for Attorney Fees and Costs and Judgments for Fine and Costs.
c. The Leader Mortgage Co. v. Sharon Andersen, etc., et al- Circuit Civil
Case No. 00-5155-CI-20 - Mortgage Foreclosure Involving a Judgment
for Attorney Fees and Costs and Judgments for Fine and Costs and a
Welfare Lien.
d. Sun Coast Hospital, Inc. v. Pinellas County Board of County
Commissioners - Circuit Civil No. 00-1565-CO-41 - Action Involving
an Allegation of Liability for Payment of Hospital and Medical
Services.
38. Request for Authority to Initiate Litigation in a Small Claims Action Against
Betty Ruth Martinez.
39. Adoption of a Resolution Regarding the Regulation of Expressive Activities in
County-Owned and County-Leased Facilities.
40. Miscellaneous.
.
.
AGENDA - August 15, 2000
Page 6
ECONOMIC DEVELOPMENT AUTHORITY
41. Approval of Lease Agreement with Japan-America Society of Florida at the
STAR Center.
SCHEDULED PUBLIC HEARINGS
The Procedure Used by the Board of County Commissioners in Conducting Public
Hearings is to Have a Staff Presentation Followed by the Applicant Presenting the Specific
Proposal. The Board Will Then Hear Comments From the Proponents Followed by
Comments From the Opponents and a Staff Summary. The Applicant Will Then be Given
an Opportunity to Close and the Board of County Commissioners Will Decide on the
Matter. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for
Time Limitations and Opportunities to Speak.
COUNTYWIDE PLANNING AUTHORITY
~~~5-0
<;I:f1~J . 42.
~ SCHEDULED PUBLIC HEARINGS - BCC
~~43.
~
Streamlining Amendment to the Rules for the Countywide Plan.
Petition to Vacate Submitted by Louis Lanni and Kathleen Lanni for a
Portion of a 10.0 Foot Platted Easement on Lot 19, Block B, ENISWOOD
Unit 1, Located in the Northwest % of Section 36, Township 27 South, Range
15 East.
44. Planning and Zoning Applications Heard by the Examiner:
a. Z-2-7-00
Application of Heinz J. Roeshink for a Change of Zoning from R-3,
Single Family Residential to M-l, Light Manufacturing and Industry
on Approximately 0.55 Acre Located on the West Side of Faxton Street
Approximately 225 Feet South of Ulmerton Road.
b. Z-3- 7 -00
Application of Salvador and Adele Greco, Salvador Greco, TRE
through P.J. Shaw and Octavio Cabrera for a Change of Zoning from
A-E, Agricultural Estate Residential to RM-7.5, Residential, Multiple
Family on Approximately 6.81 Acres Located on the East Side of
Summerdale Drive, 1,110 Feet North of S.R. 580.
.
.
AGENDA - August 15, 2000
Page 7
SCHEDULED PUBLIC HEARINGS - CONTINUED
45.
46.
47.
48.
(5J
(fj)
51.
c. LU-I-7-00
Application of Pinellas County Planning Director through Brian
Smith, Pinellas County Planning Department for a Change of Land
Use from TransportationlUtility to Institutional on Approximately 8.5
Acres on the East Side of 16th Street, 650 Feet North of Pennsylvania
A venue (Street Address: 1550 16th Street).
Proposed Amendments to Chapter 138, Zoning Provisions and Chapter 166,
Habitat Management and Landscaping Provisions of the Pinellas County
Land Development Code.
Proposed Amendment to Chapter 134 of the Land Development Code to
Adopt the Annual Concurrency Test Statement.
Proposed Amendment to the Interlocal Agreement for the Dunedin Planning
Area.
Proposed Amendment to the Interlocal Agreement for the Oldsmar Planning
Area. (J/lC C; ,.
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Proposed Annexation Procedure Ordinance. (?'o, {!O}J~
Proposed Ordinance to Authorize the Charter Ballot Question on
Establishing the Exclusive Method for Municipal Annexation in Pinellas
County.
Proposed Ordinance Approving a Cable Systems Franchise Agreement
Which Grants a Cable System Franchise to Time Warner
Entertainment/Advance Newhouse Partnership.
a.
Proposed Settlement Agreement with
Entertainment/Advance Newhouse Partnership.
Time
Warner
b. Agreement to Allow a Change in Control of the Time Warner
Entertainment/Advance Newhouse Franchise (TWEAN) to AOL Time
Warner, Inc.
52. Proposed Amendments to the Cable Systems Enabling Ordinance.
D. COUNTY ADMINISTRATOR REPORTS
53. None.
.
.
AGENDA - August 15, 2000
Page 8
E. COUNTY COMMISSION
54. Miscellaneous.
ADJOURNMENT
* * * *
Persons are advised that, if they decide to appeal any decision made at this meeting/hearing,
they will need a record of the proceedings, and, for such purposes, they may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU
ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN
ASSIST ANCE. WITHIN TWO (2) WORKING DAYS OF YOUR RECEIPT OF THIS
(DESCRIBE NOTICE/ORDER) PLEASE CONTACT THE OFFICE OF HUMAN
RIGHTS. 400 S. FT. HARRISON AVE.. SUITE 300. CLEARWATER. FL 33756. (727)
464-4062 (VffDDO).
PUBLIC HEARING PROCEDURES
Public Hearings before the Board of County Commissioners are governed by the
provisions of Section 134-30 of the Pinellas County Land Development Code. That code
provides that at the conclusion of each person's presentation, any speaker may seek the
Chair's permission to ask questions of staff. Specifically:
1. At the conclusion of the presentations by the applicant and any
proponents, all affected parties may seek the Chair's permission to ask
questions of or seek clarification from the applicant and/or the
proponents.
2. At the conclusion of the presentation by the opponents, all affected
parties may seek the Chair's permission to ask questions of or seek
clarification from any opponent.
The applicant's closing comments will address testimony subsequent to their presentation.
Continuing rebuttal of other than directly preceding testimony will not be allowed.
Because much testimony has already been submitted in writing, the following guidelines
are expected to be sufficient to accommodate efficient presentations:
1. The applicant should present his or her entire case in twenty (20)
minutes.
~
.
.
. '
AGENDA - August 15, 2000
Page 9
2. Persons who have been authorized to represent an organization with five
(5) or more members or a group of five (5) or more persons should, to
the maximum extent possible, limit their presentation to twenty (20)
minutes. It is expected that others in the organization or group will
waive their time.
3. All other persons may speak up to a total of three (3) minutes each.
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Memo to the Board
Dated August J S. 2000
Page 2
B. Presumption JD..91ftnee of -.fJInnln~ Are.!!:!
This proposal contains statements that indicate If a municipality proposes to expand their
planning area. that proposal is presumed to be valid and cannOI be unreasonably denied
without just cause. This provision applies to the expanding of a planning area where only
the unincorporated area is involved aDd not another municipality. This provision does not
apply when a municipulity proposes a change that would expand into another municipal
planning area, This provision unfairly presumes rhat the well eSlablished unincorporated
County communities do not have [he same standing as the area$ identified with a
municipality and puts those areas at risk to change. It would appear this provision should
either be dropped or applied to all situations both municipal and uninCOrporated. (To
comet this concern, on Page 6, Section 5 (4). delete the second sentence which states "Not
withstanding the criteria in subsection (3), no proposed amendment of Exhibit 1 re$ulting
from II voluntary anneution from a panion of the unincorporated county that is not within
any municipal planning area, but is otherwise eligible for anneJl4ltion, shaH be unreasonably
denied without just cause. ")
C. RmlnI V91in,
Any proposaJ to change rhe planning area would rake a majority yote of the Council but
requires the Board of County Commissioners to have a majority plus one vote if they were
to do anything different from the Planning Council. This procedure. although used for the.
Land Use Plan. may not be appropriately applicable to annexlltion issues. In the past
concerning these non-land use subjects, the BOElrd has functioned wilh a m~urity Yote. (To
correct this concern. on Page 6, Section 5 (3), modify the second sentence by deleting the
worda "plus one" so the sentence would read "Any deviation by [he CPA from the
Council'. recommendation shall be by 11 majority vore:')
D. Petition of Aft~. Partle.
The proposal places considerable authority with the Executive Director of the Council to
derennine the validity of a petition by an affected party. If tho E~ecuti ve Director
detennines f.l petition is not valid, there is no recourse for the citizen or group to either the
Councilor the CPA. The right of affected people in the past has been an issue of the
Board, A review of this provision in light of that interest would be appropriate, (To corre,t
this CO~Cem, on Page 9. Section 8 (l)(c), rephrase the last sentence to stale '1'he Executive
Director shall make a recommendation concerning the petition as to its validity." Further,
in section 8 (l)(d), the first would be rephrased to state "Upon receipt of 11 petition for
review with a recommendation from the Exacutlve Director pursuant to Subsection c
above, [he Council shall consider the petition at its nellt regularly-scheduled meetlnS and
fOlWard a recommendation to the Countywide Planning Authority.")
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TO: The Honorable Chairman and Members
of the Board of County Commissioners
FROM: Fred E. Marquis. County Adminis~
SUBJECT: Proposed Anneution Procedure Ordinance
DATE: August 15,2000
The Pinel/as Planning Council (PPC) has had under consideration for several months a proposal to
modify the volunrary anneution procedures forPineUu County that has now been transmitted to
the Board. There arc two proposed ordinances associated with this initiative. One is an ordinance
authorizing a referendum to amend the charter (this would give the Board the authority to establish
the annexation procedures) and the second is an ordinance eStablishing the voluntary annexation
procedures, with a map of Ihe plannlna ilreas referenced. The Coumy Attorneys Office has
developed an ordinance for Board consideration of the chaner amendment, which wiIJ be handled
as a separate aaenda item.
This agenda item is concerned with the voluntary annexation procedures. (It should be noted that
[he full PPC pICkage is included as pan of this agenda item although only the part associllted with
[he procedures will be referenced.) The PPC proposed ordinance establishes a new review process
for voluntary anneutions and hos developed a map referred to as Exhibit 1. which defines the
planning areas that will be uriUzcd for rhat process.
Based upon earlier Board discussions, there are several concerns with this proposal. County Shaff
has documented those concerns and proposed changes to the ordinance 10 accommodate them. The
~ Cl)four llreas of concern Clnd recommended chllnaea are;
G.-
o ~ A. An"eut~o.c)' Nc)ncontimUJUN Ar~1
U CG A new provision is included thar pennits the Ilnneution of noncontiguous properties
... within an enclave. Previously, the Board has had a problem with an initiative that would
.. I'~ include the ~nnexalion of n~nconliguo~8 Ilte,as. T~ere is thepos$ibility t~at this ~~uld
eft ,.. make more difficult the provIsion of servIces sInce thIS now would have floatmg mun.lclpal
., ~ parcels that could result wilhin an ~nclave area. Since mose anne~ation!i would be done
W ct on a voluntary blUlis. it would almost lUsure thac other pans of thac same enclave may never
II be anneJted even in a referendum. Therefore, this provision has both short-term
disadvantages and lonB-tenn disadvantages. (To correct this concern, on Page 7, Section
6 (l)(b), after the words "E~hibit l", add "ii contiguous to the annexing municipality:')
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PAGE:B4
f5.
TO:
The Honorable Chairman and Members of the
Board of County Commissioners
Fred E. Marqui.. COWlty Adminl'l~
Proposed Ordinance! to Authorize the Charter Ballot
Question on Establishing the Exclusive Method for
Municipal Annexation in Pinellag County
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FROM:
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RE:
DATE:
AUiJUSI 1 S, 2000
RECOMMENDA TION:
AFTER T AlCINa PUBLIC COMMENTS, 1 RECOMMEND THAT THE BOARD OF
COUNTY COMMISSIONERS APPROVE THE A IT ACHED PROPOSED ORDINANCE
WHICH AUTHORJZES THE CHARTER BALLOT QUESTION ON EST ABLlSHINO THE
EXCLUSIVE METHOD FOR MUNICIPAL ANNEXATION IN PINELLAS COUNTY.
DISCUSSION:
The attached proposed ordinance was properly advet1ised in the St. Petersburg Times and (he
Tampa Tribune for (his August 15, 2000 Public Hearing. The proposed ordinance has the Board
of County Commissioners authorizing the Charter Ballot question that amends the Pinellas
County Charter by allowing Pinellas County to establish the exclusive method for municipal
annexation in Pine lias County by County ordin3J1ce. The proposed ordinance would authorize a
referendwn, which could be held on November '. 2000 as part of the general election. The
proposed ordinance is a companion ordinanc;e to IL second proposed ordinance that would
delineate the procedures and c.riteria for (he exclusive method for municipal wmexation in
Pinellas County~ including the respective municipal geoiP'aphic annexation aress. The:
companion ordinance is effective contingent upon approval of' the referendwn on the above.
ref~renced Charter Ballot question. The Pine lIas Planning Council has recommended that the
Board of County Commissioners approve the proposed ordinance authorizing the referendum.
The Charler Ballot language recommended by the Pinellas Planning Council was reviewed by
the County Attorneys Office and slightly modified and streamlined to confonn [0 state election
law requirements on ballot questions.
F:\USEItSV. ~^ly.b09\Wl'OOCS\.llu.vcl of eOUDl)' Coonlll;&,hln,"'8900 Bee M,mo rc: Annculion,1toc
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FAX TRANSMITTAL
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PINELLAS PLANNING COUNCn..
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160
(727) 464-8250
(727) 464-8212 Fax
COPIES TO:
COMMISSION
To:
Members, Pinellas Planning Council
Dave Healey ~
AUG 1 4
From:
Date: August 14, 2000
PRESS
CLERK I ATTORNEY
Subject: Board Hearing on Annexation Ordinances
No. ot' Pages: ~ (Including cover)
COMMENTS:
Please find the attached recommendations of the County Administrator to the .Board
concerning the two annexation ordinances scheduled for public hearing Tuesday, August 16,
2000 at 6:30 p.m.
I have no objection to the changes to the ballot question ordinance proposed by the County
Attorneys office.
The final recommendation by the County Administrator on the ordinance dealing with the
process and criteria for voluntary annexation contains four proposed changes to the Council
recommendation - at least two of which (items A. & B.) I believe to be objectionable to the
Council.
Please give me a call with your input if you have a chance today.
Thank you.
I, IU SEIlS\ WPDOCSIST AFFITRANSMIT.P/IX. "'p.1
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~, The Board of COllntyCommissioners of Pine!las County
~. (Board), will conduct .a public hearing on draft ordi-
~ nances and a(;9ofl1panying map that would enable the
t consideration of a comprehensive approach to, and pro-
, vide for the exclusive means of, annexation in Pine lias
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" County.
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~. The Board publ.lc hearing will be held on August 19,
~.2000 at 6:30 P.M.... in the Board of County
~.. Commissioner~~ssembJy Room, 5th Floor, Pillel/as
~.. Co~nty CourthOl,lse. 3.16~ourt Street, Clearwater,
1\\' Florida.?.;,.", .... .",,,
r . . i,i/;\ !.......,., ,.,' .'l
~. The purpose of thj~PYQI.i9he?[fngi$ to gather inforrha..
~.. tion and provide art9PP9ttuni~for ~II lnterestedparpes
t to comment on the c1r~f~ 9rcl{n<l(1cesandaccompanying
~,ma8. The Board will CQ.n$!Qe(JI1~ S9f1)ments and infor~ ThiS. o......rclin. .? 11'9.e l.s.pr.o.... mulgat...~......d.. pursuan. t to $.171.044(4...),
ti ma~lon presented at the pU.~hP,i;b~~nnQand take formal F.S. (~upp. ,1 ~99) and Sllbl~ct to the foregoing charter
~ ~~~~n9rt~~'~f~~i~ o~n~r~~'? ~tl~r~n~~~n~~b:~~,,~~,~~",~~V~ef;~~~~i~~S g:~
~.. The.qraft ?rdin~rice$ are in a f9rrttthat wOl,lld authorize a graphic, planning areas of the county eligible for annex-
I'referendum t9.2~nsider amendment ,.ofthe Pinellas ation by a particular municipality. .
.'. CB.40ty ~Qe;d~~dtnat' wour?e~tabl($h the exclusive. "'. .'. .' .... .
P ~~~M bY\l'.~j~~ mu~icie!l! ).j11nex~tl.on.Muld occur In Copleil ott~e graftordi nance~ 'll'd ~cc6mpanyl.ng map
~p'.0.e..llas...C..o...4.n...,..ty.... Th. 6. fl.r. st. ,0.. rd.". In... an..ce. IS., en. tIt. I.e. d as f. olfow. s: t.O...b. e... .con. sldered. ,at the p.' ubHc h.ear.ln. g..are ,available at
i Le" .... ,j;,-,. .' i .' <,,:. .".... ,theoff!ce oUhe. Pinel/as County Planning Department,
'N:-J.QBPINA,Nq~,.I3Ii'WIN(3 TO !>It' EliAS COqNTY; :,.rtd floor. 14 South F 9rt l:latri~9n A v.enue. Clearwater,
l~t~;t~iil!~~~]~o~~~~1~ "'~~~~}:f)~~~ffi~~~?E~~~jl?~~~Y~~
r MVNICIPAL ANNEMTIQN, INCLUDING' THE DELlN-' hearing ahd be heard regarding the' adoption' of these
EATIQN OF THQSE AREAS ELIGIBLE FOR ANNEXA- prOPOSed ordinances and map. . '
'TION: IN PINIH,LA$ COljNf'f. FLQRIDA; PROVIDING AN ,. ., . . .. .'
EFFs9JIYEQATeANQ f:1EFEAENP,l)M ,QUESTION; If a person decides to appeal any decisIon at tbis hear-
Pf1QVIDING fQI)SEVEBABILITY; AND PROVIDING fOR ing, they will ne'eda record of the proceeding, and for
MQDIJ:lgATIQt;-.l~ THAT MA'(,MISE FROMCON$IDERA- .suCh, pUqJose, may need to ensure that ~verbatim
TI9N. 2n.TH.r:;.()89INAf\JCe,l\r PYBL,IC HEARING. r~coip. ofJhe proceeding is ma~e wbich inGluge.~. the
"<". '0" .' ," .' ." . testimony'and evidence upon whl.ch the appeal IStO be
IThe, Q,rclin~l1ce is erq~ulgated pursuant to the Home' bas~g. " . .'
iR41e pq\^l~rsof~he PlneHas County Cbarter, s.6.01, to' ...;i ...,.. .' " . . ....
I.. alJthori~9pla.cem,entof a ballot question before the elec- .IF YOU ARE.' A PERSON WITI;-f A DISABIUTY WHO
I:torateJocon$lg~r amendri1ent .of the Pinellas County . NEEDS ACCCMMODATION .IN ORDER TO PARTIQI-
ICtiqrte,.,pur~o~nt to'.the prOvisions for amendment PATE IN THIS PROCEEDING, YOI) ARE ENTITLED, AT
Ith~re9f..thatW9ltr9~nqbl~PineHa$ County to establish NO COST TO YOU, TO THE PROVI$ION OF CERTAIN
1~1~~.i'f:~{~~~~~~~J~nr~~~:~ ~~'~If~li~~~~~~~t~~fl:~f~{~!~
f~~J~;~i;~~;~g;i;;~~~ A~~~~ . ~~!~e~~~~~~~6~XM;~SIONERS
~TYt'Pf10VIDING FOR T!1RRITORY EMBRACED; PRO..
lVIl:;ING DEFIN!'nQN$~PBc5VIDING FOR PLANNING (990758698) July 28,2000
fAR~$ DELlNt;ATIN~l;;LJGIBIU1Y FOR ANNEXATION;
~"
LEGAL N0T1CE
-~. - ,'-.
LEGAl NOTICE
-""-~..
,'4
Lt.r-A,L NOTICE
-
j o CONSIDER ORDINANCeS
TO ENABLE A COMPREHENSive
APPROACH TO ANNEXATION
IN PINELLAS COUNTY
-. ~r~-
r~-----
\1
-~---~~-l
~-I
(f:::
I~
~_~e
PROVIDING CRITERIA FOR PETITIONS FOR VOLUN-
TARY ANNEXATION; PROVIDING FOR A LIMITED I
REVIEW OF PROPOSED ANNEXATIONS; PROVIDING
FOR REQUEST BY AFFECTED PARTY FOR FULL
REVU;W OF PflOPOSED ANNEXATIONS; PROVIDING A
MUNICIPAL ANNEXATION PROCEDURE AND
APPEALS THEREFROM; PRQVIDING FOR THE
EFFECT OF ANNE)(ATION; PROVIDING FOR INTER-
LOGAL AGREEMENTS FQ8 URBAN SERVICES AND
ANNEXATION; PROVIDING FOR EXEMPTION FROM
STATE PLAN AMENDMENT REVIEW PROCESS; PRO-
VIDING AN EFFECTIVE DATE; PROVIDING FOR SEV-
ERABILITY; AND PROVIOINQ. FOR MODIFICATIONS
THAT MAY, AI-USE FROM C9NSIDERATION OF THE
ORDINANCE AT PUBLIC Ht;ARING. .
'"
"
"
~
~
;;;
CULF
OF
JUXICO
.~~~
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RE()I~TON ~€;K
. .., "Ab~1AA
.. BEACH
PINEllAS PLANNING COUNCIL APPROVED VltU1'
rURSUi\.NT TO RESOLUTION NO. 2000-06
. lUNg 21. ~ooo
EXHIBrr-1PWNING- A.REAS _
Di:tQoIEA'l'INO llJGIBILITY
FOR ANNEXATION
PINE1.LA$ COUNTY, nOt!IDA
. SCA.J..L l~ *' 20000-
DATE; ;''''1 1. ~ilOI ...1\.
.m,!-~:,}iffiP':'~~~r.a~~J'=-<>u
GW'tpcs l'HEI'Alum BY TIil orne. 01 rIm
l'lN~U;.s COUNT)', f'R{)P~RTY U'PR~Eft,
. .... JIll SMITH .
~i7';:n.;:~~""~~~'=."-''';o.~~
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