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TA02-04-03 T A 02-04-03 City of Clearwater . Procedures ~ /} ppE~LS , f\eE. . ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4-202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY, WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4- 504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DAYS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. . ...".... '" .,.,.,,- . '.". ,., . '? . . ,< It'."~ , ", ,I WHEREAS, Article 4 of the City of Clearwater's Community Development Code provides for development review and other procedures; WHEREAS, Article 4 of the Community Development Code includes revIew of decisions involving sign permits; WHEREAS, certain allegations have been made that the Code's review procedures involve a "prior restraint" on free speech; WHEREAS, the City of Clearwater maintains (a) that the review of permits under the Community Development Code does not involve any review or prior approval of the viewpoint that may be expressed by a sign and (b) that the Community Development Code does not involve any "prior restraint" on free speech for the reasons expressed in the recent United States Supreme Court decision in Thomas v. ChicaQo Park District; 534 U.S. 316, 151 L.Ed.2d 783 (January 15, 2002); WHEREAS, the City of Clearwater believes that additional provisions may be added to Article 4 in order to clarify the circumstances under which an application for development approval should be deemed denied and to provide specificity as to the appeal process; WHEREAS, the City of Clearwater believes that Section 4-202 should be modified to make it clear that any notification that an application is legally insufficient is an administrative decision that may be appealed pursuant to Section 4-501 (A)(2); WHEREAS, the City of Clearwater believes that a new Section 4-207 should be created that directs the preparation of an annual schedule to reflect the time frames established in the Community Development Code and the regular meetings before those administrative bodies that may review certain applications for approval, that expressly provides that time frames may be extended by mutual agreement, and that clarifies that an application shall be deemed denied and subject to appeal as set forth in Section 4-501 if there is a failure to act by administrative officials or administrative bodies other than the City Commission within the applicable time limits; WHEREAS, the City of Clearwater believes that Section 4-302 should be modified to make clear that the time limits set forth therein are "working" days and that the community development coordinator may deny applications for failure to meet applicable requirements and standards WHEREAS, the City of Clearwater believes that Section 4-404 should be modified to make clear that the time limit for review and the public hearing shall be thirty days as reflected in the diagram provided for Level Two reviews, and that a decision shall be rendered not later than seventy days after the initial hearing, and providing for extensions of those time frames by mutual agreement. -2- Ordinance No. 6998-02 . . -1 WHEREAS, the City of Clearwater believes that Section 4-501 should be modified to make clear that the community development board and the hearing officer, as the case may be, have authority to hear appeals whenever a denial is deemed to have occurred as a result of the failure to act of an administrative official or body, other than the City Commission, to act within prescribed time limits; WHEREAS, the City of Clearwater believes that Section 4-504 should be modified to codify the actual practice of scheduling appeal hearings before the community development board, as well as providing additional specificity for the time limits for hearings to be concluded and decisions to be made and expressly providing for extensions by mutual consent; WHEREAS, the City of Clearwater believes that Section 4-505 should be modified to codify and clarify the time frames within which appeal hearings are schedule before a hearing officer; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4-202, Code of Ordinances, is amended to read: Section 4-202. Applications for development approval. * * * * * C. Determination of completeness/sufficiency. * * * * 2. Determination of legal sufficiency: Level one (standard development). Within five working days after a determination that a level one (standard development) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision -3- Ordinance No. 6998-02 . . which may be appealed to the community development board pursuant to section 4-501 (A)(2). 3. Determination of legal sufficiency: Level one (flexible standard development), level two or level three approvals. Within ten working days after a determination that the application is complete, the members of the development review committee in the case of level one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development review committee determines that any portion of the application is insufficient, the community development shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuant to section 4-501 (A)(2). Section 2. Section 4-207, Code of Ordinances, is created to read: Section 4-207. Time Frames for Review of Applications. A. Level One (Flexible Standard), Level Two and Level Three Approvals. Consistent with the time limits and other requirements established in this Community Development Code, the Community Development Coordinator shall prepare an annual schedule based upon those requirements that specify the time frames for review of applications submitted for Level One (Flexible Standard), Level Two and Level Three Approvals. The schedule shall utilize the calendar for the year and shall reflect the reqular schedule of meetinqs of the Development Review Committee, the Community Development Board. and the City Commission. B. Extensions of Time Frames. After an application has been determined to be complete. and leqally sufficient, an applicant and the City may mutually aqree to extend the established time frames for review and decision for the purpose of evaluatinq information and/or collectinq additional information necessary to make a decision. C. Failure to Act Within Established Time Limits. After an application has been determined to be both complete and leqally sufficient for the purposes of further review, the application shall be -4- Ordinance No. 6998-02 ~ . . deemed denied if the community development coordinator, the community development board, or any other administrative official or body, other than the City Commission, fail to act as required within the time limits established by this Community Development Code or any mutually aQreed extension of applicable time frame, or within the time limits provided by any other applicable law, rule, policy, or reQulation then in effect. Such a denial may be appealed as set forth in the provisions of Section 4-501, except denials by the City Commission shall be appealed by writ of certiorari to circuit court. Section 3. Section 4-302, Code of Ordinances, is amended as follows: A. Level one approval (standard development). An applicant for a level one approval (standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development Code. Within ten workinQ days of a determination of sufficiency, the community development coordinator shall approve the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3-913 in regard to general standards for approval conditions, or deny the application for failure to meet the applicable requirements and standards. A development order shall be issued by the community development coordinator as evidence of such approval. B. Level one approval (flexible development). An applicant for level one approval (flexible standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application with the development review committee in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 workinQ days of a determination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including provisions of section 3-913 in regard to general standards for approval conditions, or deny the application for failure to meet the applicable requirements and standards. Section 4. Section 4-404, Code of Ordinances, is amended as follows: -5- Ordinance No. 6998-02 <\ . . Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval, grant the approval subject to specified conditions or deny the application for development approval. The review and public hearinq shall be held within thirty workinq days after the determination of completeness and sufficiency, unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall render a decision not later than seventy days after the initial hearinq, unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including provisions of section 3-911 in regard to general standards for approval conditions. Section 5. Section 4-501, Code of Ordinances, is amended to read: Section 4-501. Authority and purpose. A. The community development board has the authority to hear appeals from: * * * * 5. Any denials deemed to have occurred as a result of the failure of the community development coordinator to act within the time limits provided in this Community Development Code. B. The hearing officer has the authority to hear appeals from: * * * * * 3. [Reserved.] Any denials deemed to have occurred as a result of the failure of the community development board to act within the time limits provided in this Community Development Code, or as a result of the failure of any other administrative official or body (other than the community development coordinator or the city commission) to act -6- Ordinance No. 6998-02 . . within the time limits provided by any other applicable law, rule, policy, or requlation then in effect. Section 6. Section 4-504, Code of Ordinances, is amended to read: Section 4-504. Community development board appeals. A. Except as provided in subsection B. of this section, upon receipt of the recommendation of the community development coordinator regarding appeals from decision set out in section 4-501 (A), the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and render a decision in accordance with the provisions of section 4-206(0)(5) granting the appeal, granting the appeal subject to specified conditions or denying the appeal. The hearinq before the community development board shall be scheduled at the first available meetinq of the board sufficient to provide notice under section 4-206, and may be continued at that meetinq to the next reqularly scheduled meetinq of the board so that the board may receive more information, clarification, or research. The community development board shall render a decision at the meetinq but not later than seventy days from the receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the board's decision until a subsequent meetinq. Section 7. Section 4-505, Code of Ordinances, is amended to read: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501 (B), the hearing officer shall, in concert with the city clerk, establish a timely date and hour and location for hearing to consist solely of: 1. reception of the record before the community development board; and 2. oral argument. The hearinq shall be held within sixty days of receipt of the notice of appeal, unless the appellant requests or aqrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, City, and any person granted party status by the community development board. Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part -7- Ordinance No. 6998-02 . . thereof other than the part declared invalid, and for that reason this ordinance is declared severable. Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 20, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED July 18, 2002 Approved as to form: Attest: - z. Leslie K. Dougall- es Assistant City Attorney -8- Ordinance No. 6998-02 . . CDB Meeting Date: June 18,2002 Case: T A 02-04-03 Agenda Item: DA FILE CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code Regarding Permitting Procedures and Appeals - Ordinance No. 6998-02. INITIATED BY: City of Clearwater Legal and Planning Departments BACKGROUND INFORMATION: Article 4 of the Community Development Code provides for development review and other procedures, including the review of decisions involving sign permits. In a recent federal lawsuit, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., a Georgia corporation alleged that the Code's review procedures involve an unconstitutional "prior restraint" on free speech. Generally, in instances where there are First Amendment (free speech) concerns, an ordinance requiring pre-approval should contain adequate viewpoint- neutral standards to guide an official's decision and render that decision subject to effective judicial review. The City maintains (a) that the Code's current provisions do not involve any review or prior approval of the "viewpoint" that may be expressed by a sign, and (b) that the Code does not involve any "prior restraint" on free speech for the reasons expressed a recent United States Supreme Court decision, Thomas v. Chicago Park District; 534 U.S. 316, 151 L.Ed.2d 783 (January 15,2002). The City believes, however, that it would be in the public interest to add provisions to Article 4 of the Community Development Code to clarify the circumstances under which an application for development approval shall be deemed denied, time frames for review of applications and clarification of the appeal process. ANALYSIS: The following sections of the Community Development Code are proposed to be amended as follows. Page 1 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\StaffReport- Ord. 6998-02 (procedures amendments).doc . . Section 4-202 - Applications for development approval (page 3 of Ordinance) Section 4-202.C.2 and C.3 specifies that any application for development approval must be determined to be legally sufficient. Proposed Ordinance No. 6998-02 modifies these provisions to clarify that if an application is determined to be legally insufficient, the notification of insufficiency issued by the Planning Department is an administrative decision that may be appealed pursuant to Section 4-501.A.2. At present, Code Section 4-501.A.2 specifies that a decision of an administrative official may be appealed. Section 4-207 - Time Frames for Review of Application (pages 4-5 of Ordinance) Proposed Ordinance No. 6998-02 creates a new section (4-207) that requires the preparation of an annual schedule for the review of flexible standard and flexible development applications. The schedule must incorporate and comply with the time frames for review established in the Code and the regular meetings before those administrative bodies that review these applications. This proposed amendment codifies policy under which the Planning Department has been operating since the new code went into effect in 1999. This proposed new section also expressly provides that those time frames for review may be extended by mutual agreement of the applicant and the City. It also clarifies that an application shall be deemed denied and subject to appeal, as set forth in Section 4-501, if there is a failure to act by administrative officials or administrative bodies other than the City Commission within the applicable time limits. Section 4-302 - Staff Review, Report and Recommendation (pages 5-6 of Ordinance) Sections 4-302.A.and B are being modified to make clear that the time limits set forth for making a decision on a standard and flexible standard development are "working" days and that the community development coordinator may deny applications for failure to meet applicable requirements and standards. The existing provision addresses application as being approved or approved with conditions. Section 4-404 - Community Development Board Decision (pages 5-6 of Ordinance) An amendment is proposed to Section 4-404 that clarifies that the time limit for review and the public hearing by the Community Development Board shall occur within thirty days after the Community Development Coordinator has determined an application complete and sufficient. This time frame is currently reflected in the diagram provided for Level Two reviews on page CD4:17 of the Code. The amendment also provides that a decision has to be rendered within seventy days after the initial hearing; however, an extension of those time frames occur if the Board and the applicant both agree to an extension. Page 2 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\StaffReport- Ord. 6998-02 (procedures amendments).doc . . Section 4-501. 504 and 505 - Appeals (pages 6 -7 of Ordinance) Revisions are proposed to the appeal provisions of the Community Development Code in order to make clear that the community development board and the hearing officer, as the case may be, have the authority to hear appeals whenever a denial is deemed to have occurred as a result of the failure to act of an administrative official or body, other than the City Commission. The proposed ordinance further clarifies in the Appeals Section that each decision maker must act within prescribed time limits. Proposed modification to Section 4-504, which addresses appeals to the Community Development Board, codify the actual practice of scheduling appeal hearings before the Board. It also provides additional specificity for the time limits for hearings to be concluded and decisions to be made. Furthermore, it expressly provides for extensions by mutual consent. Proposed amendments to Section 4-505 are similar in that they codify and clarify the time frames within which appeal hearings are scheduled before a hearing officer. These changes are intended to clarify or codify current practices and should be severable in the event that any of the provisions are challenged in court. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. The proposed amendments further clarify the development review process and clarify and codify procedures and time periods for the appeal process. All of these proposed amendments make the Community Development Code more user friendly. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify permitting procedures and the appeals process. They further Section 1-103.A of the Code, which states that one of the purposes of the Code is to "establish rules of procedure for land development approvals." Page 3 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\StaffReport- Ord. 6998-02 (procedures amendments).doc . . SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They further clarify existing development review procedures and the appeal process and codifies existing practices and procedures used by the Planning Department since the new code went into effect in 1999. The Planning Department and Legal Staff recommend APPROVAL of Ordinance No. 6998-02 which makes revisions to the Community Development Code. Prepared by: Planning and Legal Department~ ATTACHMENT: Proposed Ordinance No. 6998-02 Page 4 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\StaffReport- Ord. 6998-02 (procedures amendments).doc . . ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4-202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY, WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4- 504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DAYS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. . . WHEREAS, Article 4 of the City of Clearwater's Community Development Code provides for development review and other procedures; WHEREAS, Article 4 of the Community Development Code includes review of decisions involving sign permits; WHEREAS, certain allegations have been made that the Code's review procedures involve a "prior restraint" on free speech; WHEREAS, the City of Clearwater maintains (a) that the review of permits under the Community Development Code does not involve any review or prior approval of the viewpoint that may be expressed by a sign and (b) that the Community Development Code does not involve any "prior restraint" on free speech for the reasons expressed in the recent United States Supreme Court decision in Thomas v. Chicaqo Park District; 534 U.S. 316, 151 L.Ed.2d 783 (January 15, 2002); WHEREAS, the City of Clearwater believes that additional provisions may be added to Article 4 in order to clarify the circumstances under which an application for development approval should be deemed denied and to provide specificity as to the appeal process; WHEREAS, the City of Clearwater believes that Section 4-202 should be modified to make it clear that any notification that an application is legally insufficient is an administrative decision that may be appealed pursuant to Section 4-501 (A)(2); WHEREAS, the City of Clearwater believes that a new Section 4-207 should be created that directs the preparation of an annual schedule to reflect the time frames established in the Community Development Code and the regular meetings before those administrative bodies that may review certain applications for approval, that expressly provides that time frames may be extended by mutual agreement, and that clarifies that an application shall be deemed denied and subject to appeal as set forth in Section 4-501 if there is a failure to act by administrative officials or administrative bodies other than the City Council within the applicable time limits; WHEREAS, the City of Clearwater believes that Section 4-302 should be modified to make clear that the time limits set forth therein are "working" days and that the community development coordinator may deny applications for failure to meet applicable requirements and standards WHEREAS, the City of Clearwater believes that Section 4-404 should be modified to make clear that the time limit for review and the public hearing shall be thirty days as reflected in the diagram provided for Level Two reviews, and that a decision shall be rendered not later than seventy days after the initial hearing, and providing for extensions of those time frames by mutual agreement. WHEREAS, the City of Clearwater believes that Section 4-501 should be modified to make clear that the community development board and the hearing officer, as the case may be, have authority to hear appeals whenever a denial is deemed to have occurred as JAX\557066 _I -2- . . a result of the failure to act of an administrative official or body, other than the City Commission, to act within prescribed time limits; WHEREAS, the City of Clearwater believes that Section 4-504 should be modified to codify the actual practice of scheduling appeal hearings before the community development board, as well as providing additional specificity for the time limits for hearings to be concluded and decisions to be made and expressly providing for extensions by mutual consent; WHEREAS, the City of Clearwater believes that Section 4-505 should be modified to codify and clarify the time frames within which appeal hearings are schedule before a hearing officer; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4-202, Code of Ordinances, is amended to read: Section 4-202. Applications for development approval. * * * * * C. Determination of completeness/sufficiency. * * * * 2. Determination of legal sufficiency: Level one (standard development). Within five working days after a determination that a level one (standard development) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuant to section 4-501(A)(2). JAX\557066_1 -3- . . 3. Determination of legal sufficiency: Level one (flexible standard development), level two or level three approvals. Within ten working days after a determination that the application is complete, the members of the development review committee in the case of level one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development review committee determines that any portion of the application is insufficient, the community development shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which mav be appealed to the community development board pursuant to section 4-501 (A)(2). Section 2. Section 4-207, Code of Ordinances, is created to read: Section 4-207. Time Frames for Review of Applications. A. Level One (Flexible Standard), Level Two and Level Three Approvals. Consistent with the time limits and other requirements established in this Community Development Code. the Community Development Coordinator shall prepare an annual schedule based upon those requirements that specify the time frames for review of applications submitted for Level One (Flexible Standard). Level Two and Level Three Approvals. The schedule shall utilize the calendar for the year and shall reflect the reqular schedule of meetinqs of the Development Review Committee, the Community Development Board. and the City Commission. B. Extensions of Time Frames. After an application has been determined to be complete and leqally sufficient. an applicant and the City may mutually aqree to extend the established time frames for review and decision for the purpose of evaluatinq information and/or collectinq additional information necessary to make a decision. C. Failure to Act Within Established Time Limits. After an application has been determined to be both complete and leqally sufficient for the purposes of further review. the application shall be deemed denied if the community development coordinator. the community development board. or any other administrative official or body, other than the City Commission, fail to act as required within the time limits established by this Community Development Code or any JAX\557066_1 -4- l . . mutually aqreed extension of applicable time frame. or within the time limits provided by any other applicable law. rule. policy. or requlation then in effect. Such a denial may be appealed as set forth in the provisions of Section 4-501, except denials by the City Council shall be appealed by writ of certiorari to circuit court. Section 3. Section 4-302, Code of Ordinances, is amended as follows: A. Level one approval (standard development). An applicant for a level one approval (standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development Code. Within ten workinq days of a determination of sufficiency, the community development coordinator shall approve the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3-913 in regard to general standards for approval conditions. or deny the application for failure to meet the applicable requirements and standards. A development order shall be issued by the community development coordinator as evidence of such approval. B. Level one approval (flexible development). An applicant for level one approval (flexible standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application with the development review committee in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 workinq days of a determination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including provisions of section 3-913 in regard to general standards for approval conditions. or deny the application for failure to meet the applicable requirements and standards. Section 4. Section 4-404, Code of Ordinances, is amended as follows: Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall JAX\557066_1 -5- . . review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval, grant the approval subject to specified conditions or deny the application for development approval. The review and public hearinq shall be held within thirty workinq days after the determination of completeness and sufficiency. unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall render a decision not later than seventy days after the initial hearing. unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including provisions of section 3-911 in regard to general standards for approval conditions. Section 5. Section 4-501, Code of Ordinances, is amended to read: Section 4-501. Authority and purpose. A. The community development board has the authority to hear appeals from: * * * * 5. Any denials deemed to have occurred as a result of the failure of the community development coordinator to act within the time limits provided in this Community Development Code. B. The hearing officer has the authority to hear appeals from: * * * * * 3. [Resorved.] Any denials deemed to have occurred as a result of the failure of the community development board to act within the time limits provided in this Community Development Code. or as a result of the failure of any other administrative official or body (other than the community development coordinator or the city commission) to act within the time limits provided by any other applicable law. rule. policy. or requlation then in effect. JAX\557066_1 -6- . . Section 6. Section 4-504, Code of Ordinances, is amended to read: Section 4-504. Community development board appeals. A. Except as provided in subsection B. of this section, upon receipt of the recommendation of the community development coordinator regarding appeals from decision set out in section 4-501 (A), the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and render a decision in accordance with the provisions of section 4-206(D)(5) granting the appeal, granting the appeal subject to specified conditions or denying the appeal. The hearinq before the community development board shall be scheduled at the first available meetinq of the board sufficient to provide notice under section 4-206, and may be continued at that meetinq to the next reqularly scheduled meetinq of the board so that the board may receive more information. clarification. or research. The community development board shall render a decision at the meetinq but not later than seventy days from the receipt of the notice of appeal. unless the parties by mutual consent extend the time frame for the board's decision until a subsequent meetinq. Section 7. Section 4-505, Code of Ordinances, is amended to read: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501 (B), the hearing officer shall, in concert with the city clerk, establish a timely date and hour and location for hearing to consist solely of: 1. reception of the record before the community development board; and 2. oral argument. The hearinq shall be held within sixty days of receipt of the notice of appeal. unless the appellant requests or aqrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, City, and any person granted party status by the community development board. Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. JAX\557066 _I -7- . . Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney JAX\557066 _1 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk -8- . . NOTICE OF TEXT AMENDMENT The city proposes to adopt the text amendments described in greater detail below: ORDINANCE NO. 6997-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(I), 3- 1803(L), 3-1805(C)(2) AND 3-1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3-1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3-1807 TO PROVIDE ADDITIONAL FLEXIBILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. TA 02-04-04 ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4- 202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY, WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4-504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DAYS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. TA 02-04-03 Schedule of Public Hearin2s: Tuesday, June 18,2002 before the Community Development Board, at 2:00 p.rn. Thursday, June 20, 2002 before the City Commission (1st Reading), at 6:00 p.m. Thursday, July 18, 2002 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola A venue, Clearwater, Florida. Additional information is available in the PlalUling Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the PlalUling Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT, AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, F133758-4748 Ad: 06/03/02 Cynthia E. Goudeau, CMC City Clerk . . NOTICE OF TEXT AMENDMENT The city proposes to adopt the text amendments described in greater detail below: ORDINANCE NO. 6997-02 FILE AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3- 1803(L), 3-1805(C)(2) AND 3-1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3-1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3-1807 TO PROVIDE ADDITIONAL FLEXffiILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. TA 02-04-04 ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4- 202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY, WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4-504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DAYS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. T A 02-04-03 Schedule of Public Hearin2s: Tuesday, June 18, 2002 before the Community Development Board, at 2:00 p.m. Thursday, June 20, 2002 before the City Commission (1st Reading), at 6:00 p.m. Thursday, July 18, 2002 before the City Commission (2nd Reading), at 6:00 p.rn. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle A venue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 Ad: 06/03/02 Cynthia E. Goudeau, CMC City Clerk - Clearwater City Commission Agenda Cover Memorandum W orksession Item # Final Agenda Item # Meeting Date 06-20-02 SUBJECT/RECOMMENDA TION: Amendments to the Community Development Code Regarding Development Review Procedures and Appeals. MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6998-02 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: Article 4 of the Community Development Code provides for development review and other procedures, including the review of decisions involving sign permits. In a recent lawsuit, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., a Georgia Corporation alleged that the Code's review procedures involve an unconstitutional "prior restraint" on free speech. The City disagrees with that position; however, believes that it would be in the public interest to clarify the review procedures for the benefit of the development community. Ordinance No. 6998-02 proposes to make the following amendments to Article 4. · Clarify that when an application for development approval is determined to be legally insufficient by the City, this decision can be appealed. · Create a new section which specifies that an annual review schedule must be established for flexible standard and flexible development applications which comply with the review time frames established by the Code. Since adoption of the 1999 Code, the Planning Department has reviewed projects according to a published annual schedule. Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and Lega~{ I o Approved Budget N/A Gina L. Clayton," / Total o Approved with Conditions Purchasing N/A User Departme~ 0 Denied Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to: IS N/A Funding Source: ACM N/A 0 Capital Improvement: Other N/A Advertised: 0 Operating: Date: 0 Other: Attachments: Paper: Planning Dept. Staff Report Submitted 0 Not Required Appropriation Code Ordinance NO.6998-02 by: Amendments to Development Review Procedures and Appeals Affected Parties 0 Notified City Manager 0 Not Required 0 None .~ '..1 Printed on recycled paper . Clarify that the time frame for reviewing standard and flexible standard development applications are based on working days and that such applications can be denied in addition to being approved or approved with conditions. . Specify that the Community Development Board must conduct a public hearing with a certain time frame once an applicant is legally sufficient and render a decision within seventy (70) days of the hearing unless the Board and applicant agree to extend the time frame. . Clarify that if an administrative official or the Community Development Board does not act within the time frames established by the Code, this inaction can be appealed. . Clarify time frame for scheduling appeal hearings before the Community Development Board and a Hearing Officer and require decisions to be made within a certain time period. Attached please find the staff report for further analysis and Ordinance No. 6998-02. The Community Development Board (CDB) will review the proposed amendments at its regularly scheduled meeting on June 18, 2002. The Planning Department will report the recommendations of the CDB at the City Commission meeting. 2 CDB Meeting Date: June 18, 2002 Case: TA 02-04-03 Agenda Item: DA CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code Regarding Permitting Procedures and Appeals - Ordinance No. 6998-02. INITIATED BY: City of Clearwater Legal and Planning Departments BACKGROUND INFORMATION: Article 4 of the Community Development Code provides for development review and other procedures, including the review of decisions involving sign permits. In a recent federal lawsuit, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., a Georgia corporation alleged that the Code's review procedures involve an unconstitutional "prior restraint" on free speech. Generally, in instances where there are First Amendment (free speech) concerns, an ordinance requiring pre-approval should contain adequate viewpoint- neutral standards to guide an official's decision and render that decision subject to effective judicial review. The City maintains (a) that the Code's current provisions do not involve any review or prior approval of the "viewpoint" that may be expressed by a sign, and (b) that the Code does not involve any "prior restraint" on free speech for the reasons expressed a recent United States Supreme Court decision, Thomas v. Chicago Park District; 534 U.S. 316, 151 L.Ed.2d 783 (January 15,2002). The City believes, however, that it would be in the public interest to add provisions to Article 4 of the Community Development Code to clarify the circumstances under which an application for development approval shall be deemed denied, time frames for review of applications and clarification ofthe appeal process. ANALYSIS: The following sections of the Community Development Code are proposed to be amended as follows. Page 1 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\Staff Report- Ord. 6998-02 (procedures amendments).doc Section 4-202 - Applications for development approval (page 3 of Ordinance) Section 4-202.C.2 and C.3 specifies that any application for development approval must be determined to be legally sufficient. Proposed Ordinance No. 6998-02 modifies these provisions to clarify that if an application is determined to be legally insufficient, the notification of insufficiency issued by the Planning Department is an administrative decision that may be appealed pursuant to Section 4-501.A.2. At present, Code Section 4-501.A.2 specifies that a decision of an administrative official may be appealed. Section 4-207 - Time Frames for Review of Application (pages 4-5 of Ordinance) Proposed Ordinance No. 6998-02 creates a new section (4-207) that requires the preparation of an annual schedule for the review of flexible standard and flexible development applications. The schedule must incorporate and comply with the time frames for review established in the Code and the regular meetings before those administrative bodies that review these applications. This proposed amendment codifies policy under which the Planning Department has been operating since the new code went into effect in 1999. This proposed new section also expressly provides that those time frames for review may be extended by mutual agreement of the applicant and the City. It also clarifies that an application shall be deemed denied and subject to appeal, as set forth in Section 4-501, if there is a failure to act by administrative officials or administrative bodies other than the City Commission within the applicable time limits. Section 4-302 - Staff Review, Report and Recommendation (pages 5-6 of Ordinance) Sections 4-302.A.and B are being modified to make clear that the time limits set forth for making a decision on a standard and flexible standard development are "working" days and that the community development coordinator may deny applications for failure to meet applicable requirements and standards. The existing provision addresses application as being approved or approved with conditions. Section 4-404 - Communi tv Development Board Decision (pages 5-6 of Ordinance) An amendment is proposed to Section 4-404 that clarifies that the time limit for review and the public hearing by the Community Development Board shall occur within thirty days after the Community Development Coordinator has determined an application complete and sufficient. This time frame is currently reflected in the diagram provided for Level Two reviews on page CD4:17 of the Code. The amendment also provides that a decision has to be rendered within seventy days after the initial hearing; however, an extension of those time frames occur if the Board and the applicant both agree to an extension. Page 2 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\Staff Report- Ord. 6998-02 (procedures amendments).doc Section 4-501, 504 and 505 - Appeals (pages 6 - 7 of Ordinance) Revisions are proposed to the appeal provisions of the Community Development Code in order to make clear that the community development board and the hearing officer, as the case may be, have the authority to hear appeals whenever a denial is deemed to have occurred as a result of the failure to act of an administrative official or body, other than the City Commission. The proposed ordinance further clarifies in the Appeals Section that each decision maker must act within prescribed time limits. Proposed modification to Section 4-504, which addresses appeals to the Community Development Board, codify the actual practice of scheduling appeal hearings before the Board. It also provides additional specificity for the time limits for hearings to be concluded and decisions to be made. Furthermore, it expressly provides for extensions by mutual consent. Proposed amendments to Section 4-505 are similar in that they codify and clarify the time frames within which appeal hearings are scheduled before a hearing officer. These changes are intended ta clarify or codify current practices and should be severable in the event that any of the provisions are challenged in court. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. The proposed amendments further clarify the development review process and clarify and codify procedures and time periods for the appeal process. All of these proposed amendments make the Community Development Code more user friendly. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify permitting procedures and the appeals process. They further Section l-l03.A of the Code, which states that one of the purposes of the Code is to "establish rules of procedure far land development approvals." Page 3 Pds on 'ms2\Planning Department\2002 Code Amendment/Signs and Procedures\Staff Report- Ord, 6998-02 (procedures amendments).doc SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They further clarify existing development review procedures and the appeal process and codifies existing practices and procedures used by the Planning Department since the new code went into effect in 1999. The Planning Department and Legal Staff recommend APPROVAL of Ordinance No. 6998-02 which makes revisions to the Community Development Code. Prepared by: Planning and Legal Departrnentsrgt) ATTACHMENT: Proposed Ordinance No. 6998-02 Page 4 Pds on 'ms2\Plam1ing Department\2002 Code Amendment/Signs and Procedures\Staff Report- Ord. 6998-02 (procedures amendments).doc ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4-202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY. WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING. WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4- 504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DAYS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 4 of the City of Clearwater's Community Development Code provides for development review and other procedures; WHEREAS, Article 4 of the Community Development Code includes review of decisions involving sign permits; WHEREAS, certain allegations have been made that the Code's review procedures involve a "prior restraint" on free speech; WHEREAS, the City of Clearwater maintains (a) that the review of permits under the Community Development Code does not involve any review or prior approval of the viewpoint that may be expressed by a sign and (b) that the Community Development Code does not involve any "prior restraint" on free speech for the reasons expressed in the recent United States Supreme Court decision in Thomas v. Chicaqo Park District; 534 U.S. 316, 151 L.Ed.2d 783 (January 15,2002); WHEREAS, the City of Clearwater believes that additional provisions may be added to Article 4 in order to clarify the circumstances under which an application for development approval should be deemed denied and to provide specificity as to the appeal process; WHEREAS, the City of Clearwater believes that Section 4-202 should be modified to make it clear that any notification that an application is legally insufficient is an administrative decision that may be appealed pursuant to Section 4-501 (A)(2); WHEREAS, the City of Clearwater believes that a new Section 4-207 should be created that directs the preparation of an annual schedule to reflect the time frames established in the Community Development Code and the regular meetings before those administrative bodies that may review certain applications for approval, that expressly provides that time frames may be extended by mutual agreement, and that clarifies that an application shall be deemed denied and subject to appeal as set forth in Section 4-501 if there is a failure to act by administrative officials or administrative bodies other than the City Council within the applicable time limits; WHEREAS, the City of Clearwater believes that Section 4-302 should be modified to make clear that the time limits set forth therein are "working" days and that the community development coordinator may deny applications for failure to meet applicable requirements and standards WHEREAS, the City of Clearwater believes that Section 4-404 should be modified to make clear that the time limit for review and the public hearing shall be thirty days as reflected in the diagram provided for Level Two reviews, and that a decision shall be rendered not later than seventy days after the initial hearing, and providing for extensions of those time frames by mutual agreement. WHEREAS, the City of Clearwater believes that Section 4-501 should be modified to make clear that the community development board and the hearing officer, as the case may be, have authority to hear appeals whenever a denial is deemed to have occurred as JAX\557066 _1 -2- , a result of the failure to act of an administrative official or body, other than the City Commission, to act within prescribed time limits; WHEREAS, the City of Clearwater believes that Section 4-504 should be modified to codify the actual practice of scheduling appeal hearings before the community development board, as well as providing additional specificity for the time limits for hearings to be concluded and decisions to be made and expressly providing for extensions by mutual consent; WHEREAS, the City of Clearwater believes that Section 4-505 should be modified to codify and clarify the time frames within which appeal hearings are schedule before a hearing officer; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4-202, Code of Ordinances, is amended to read: Section 4-202. Applications for development approval. * * * * * C. Determination of completeness/sufficiency. * * * * 2. Determination of legal sufficiency: Level one (standard development). Within five working days after a determination that a level one (standard development) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuant to section 4-501 (A)(2). JAX\557066_1 -3- 3. Determination of legal sufficiency: Level one (flexible standard development), level two or level three approvals. Within ten working days after a determination that the application is complete, the members of the development review committee in the case of level one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development review committee determines that any portion of the application is insufficient, the community development shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuant to section 4-501 (A)(2). Section 2. Section 4-207, Code of Ordinances, is created to read: Section 4-207. Time Frames for Review of Applications. A. Level One (Flexible Standard), Level Two and Level Three Approvals. Consistent with the time limits and other requirements established in this Community Development Code, the Community Development Coordinator shall prepare an annual schedule based upon those requirements that specify the time frames for review of applications submitted for Level One (Flexible Standard), Level Two and Level Three Approvals. The schedule shall utilize the calendar for the year and shall reflect the reqular schedule of meetinqs of the Development Review Committee. the Community Development Board, and the City Commission. B. Extensions of Time Frames. After an application has been determined to be complete and leqally sufficient, an applicant and the City may mutually aqree to extend the established time frames for review and decision for the purpose of evaluatinq information and/or collectinq additional information necessary to make a decision. C. Failure to Act Within Established Time Limits. After an application has been determined to be both complete and leqally sufficient for the purposes of further review. the application shall be deemed denied if the community development coordinator, the community development board, or any other administrative official or body, other than the City Commission, fail to act as required within the time limits established by this Community Development Code or any JAX\557066_1 -4- , mutually aqreed extension of applicable time frame, or within the time limits provided bv any other applicable law, rule, policy, or requlation then in effect. Such a denial may be appealed as set forth in the provisions of Section 4-501, except denials by the City Council shall be appealed by writ of certiorari to circuit court. Section 3. Section 4-302, Code of Ordinances, is amended as follows: A. Level one approval (standard development). An applicant for a level one approval (standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development Code. Within ten workinq days of a determination of sufficiency, the community development coordinator shall approve the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3-913 in regard to general standards for approval conditions, or deny the application for failure to meet the applicable requirements and standards. A development order shall be issued by the community development coordinator as evidence of such approval. B. Level one approval (flexible development). An applicant for level one approval (flexible standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application with the development review committee in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 workinq days of a determination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including provisions of section 3-913 in regard to general standards for approval conditions, or deny the application for failure to meet the applicable requirements and standards. Section 4. Section 4-404. Code of Ordinances, is amended as follows: Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall JAX\557066_1 -5- review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval, grant the approval subject to specified conditions or deny the application for development approval. The review and public hearinq shall be held within thirty workinq days after the determination of completeness and sufficiency, unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall render a decision not later than seventy days after the initial hearinq, unless the time frame is extended by mutual consent of the applicant and the City. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including provisions of section 3-911 in regard to general standards for approval conditions. Section 5. Section 4-501, Code of Ordinances, is amended to read: Section 4-501. Authority and purpose. A. The community development board has the authority to hear appeals from: * * * * 5. Any denials deemed to have occurred as a result of the failure of the community development coordinator to act within the time limits provided in this Community Development Code. B. The hearing officer has the authority to hear appeals from: * * * * * 3. [Reserved.] Any denials deemed to have occurred as a result of the failure of the community development board to act within the time limits provided in this Community Development Code, or as a result of the failure of any other administrative official or body (other than the community development coordinator or the city commission) to act within the time limits provided by any other applicable law, rule, policy, or requlation then in effect. JAX\557066_1 -6- \. Section 6. Section 4-504, Code of Ordinances, is amended to read: Section 4-504. Community development board appeals. A. Except as provided in subsection B. of this section, upon receipt of the recommendation of the community development coordinator regarding appeals from decision set out in section 4-501 (A), the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi-judicial public hearing on the application in accordance with the requirements of section 4-206 and render a decision in accordance with the provisions of section 4-206(D)(5) granting the appeal, granting the appeal subject to specified conditions or denying the appeal. The hearinq before the community development board shall be scheduled at the first available meetinq of the board sufficient to provide notice under section 4-206, and may be continued at that meetinq to the next reqularly scheduled meetinq of the board so that the board may receive more information. clarification, or research. The community development board shall render a decision at the meetinq but not later than seventy days from the receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the board's decision until a subsequent meetinq. Section 7. Section 4-505, Code of Ordinances, is amended to read: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501 (B). the hearing officer shall, in concert with the city clerk, establish a timely date and hour and location for hearing to consist solely of: 1. reception of the record before the community development board; and 2. oral argument. The hearinq shall be held within sixty days of receipt of the notice of appeal. unless the appellant requests or aqrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, City, and any person granted party status by the community development board. Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. JAX\557066_1 -7- Section 9. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney JAX\557066_1 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk -8- . . Board of Adjustment and Appeal on Building/Flood Control CITY OF CLEARWATER - MUNICIPAL SERVICES BUlLD~ I L E CONFERENCE ROOM #130 100 South Myrtle Avenue, Clearwater, Florida Wednesday, July 10, 2002 - 2:00 P.M. To consider the following requests: 1) 673 Harbor Island, Clearwater, Florida, Edward & Karen Capone, Owners; Mark Cagni of Cagni Construction, Representative. To request a variance to Chapter 39 of The Florida Building Code - to allow construction to be built within 17 ft of the sea wall. Located in Island Estates of Clearwater Unit 7C, Lot 17. BAA 02-05 Parcel # 05-29-15-43456-073-0170 2) Discussion and approval of procedures and minutes. State of Florida 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such an appeal. Citizens may appear to be heard or file written notice of approval or objection with the Building Official, P.O. Box 4748, Clearwater, Florida, 33758, prior to the appropriate public hearing. ADV: 06/30/02 YOU ARE BEING SENT TillS NOTICE IF YOU ARE THE PROPERTY OWNER OR OWN PROPERTY WITillN 500 FEET OF THE SUBJECT PROPERTY Any person with a disability requiring reasonable accommodation in order to participate in this meeting, should call (727) 562-4567. . . CITY OF CLEARWATER PUBLIC HEARING NOTICE ANNEXATION F Schedule of Public Hearings: . I L E (cont'd from 6/20/02) Thursday, July 18, 2002 before the City Commission (2nd Reading), at 6:00 p.m. NOTE: All persons wishinf! to address an item need to be present at the BEGINNING of the Communitv Development Board meetinf!. Those cases that are not contested bv the applicant. staff. neif!hborinf! propertv owners. etc. will be placed on a consent af!enda and approved bv a sinf!le vote at the bef!inninf! of the meetinf!. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 6977-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CHAUTAUQUA AVENUE AND WEST OF LAKE CHAUTAUQUA, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS (NOT ASSIGNED), INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (LHD Properties, Ltd., Lawrence H. Dimmitt, III & Lawrence H. Dimmitt, Jr.) ANX 02-02-04 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, 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 per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727)562-4567. The complete legal description and full ordinance can be obtained in the City Clerk Department. Gina Clayton Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 06/30/02 [~ PINELLAS PLANNING COUNCIL June 13, 2002 Ms. Gina Clayton Planning Department City of Clearwater P.O. Box 4748 Clearwater, FL 33755 COUNCIL MEMBERS Vice-Mayor Nadine S. Nickeson, Chm. Commissioner Janet Henderson, Vice Chm. Mayor Robert H. DiNicola, Treas. Mayor Robert Jackson, Sec. Mayor Tom De Cesare Mayor Frank DiDonato, D.C. Councilmember Bill Foster School Board Member Max R. Gessner Commissioner Calvin D. Harris Commissioner Ed Hart Mayor William B. Smith Vice-Mayor David Tilki Council member Chuck Williams David P. Healey, AICP Executive Director RE: Review of Proposed Land Development Regulations for Consistency with the Countywide Rules (Ordinances 6997-02 and 6998-02) Dear Ms. Clayton: We are in receipt of your e-mail dated June 13, 2002, regarding the proposed amendments to the City's Land Development Regulations as contained in the two (2) staff reports and ordinances transmitted for our review. Pursuant to Division 3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed amendments for consistency with Article 4 - Plan Criteria and Standards, as detailed below: The amendments to Articles 3, 4 and 8 of the City's Code relating to the regulation of signs and the provisions governing permitting procedures and appeals are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me or me at 464-8250. Sincerely, Af Program Planner F:\USERS\ WPDOCS\RULESICONSDE1iSTPETERS\CDOI-I.SP 600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 www.co.pinellas.fl.us/ppc