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HomeMy Public PortalAboutORD 99/06ORDINANCE No. 99/6 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE `LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT ", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the Town of Gulf Stream adopted The Comprehensive Plan for Gulf Stream, Florida, by Ordinance 89 -4; and WHEREAS, Florida Statute Section 163.3177 (h) requires local governments to amend their Intergovernmental Coordination Element to include policies related to joint planning areas, and addressing matters of interjurisdictional significance; and WHEREAS, the Local Planning Agency held a public hearing with due public notice and forwarded its recommendation to the Town Commission; and WHEREAS, on November 19, 1999, the Town Commission held the first public hearing with respect to the proposed Comprehensive Plan Amendments, following due public notice; and WHEREAS, the second required public hearing was held on February 11, 2000, following due public notice, and preliminary review and waiver of Objections, Recommendations and Comments by the Department of Community Affairs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Comprehensive Plan for Gulf Stream, Florida, Intergovernmental Coordination Element, is hereby amended as set forth in Exhibit "A" to this ordinance. Section 2. Severability. If any provision of this ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are here- by repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. The effective date of this plan amendment shall be: The date a final development order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the 1 Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in a regular, adjourned session on first reading on the 19th day of November , 1999 (transmittal hearing), and for a second and final reading (adoption hearing) on this 11th day of February, 2000. Mayor Attest: TOWN COMMISSION TOWN CLERK 2 Exhibit "A" to Ordinance 99 -6 TOWN OF GULF STREAM COMPREHENSIVE PLAN AMENDMENT III. GOALS OBJECTIVES AND POLICIES GOAL 8.1: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PERTINENT PUBLIC AND QUASI- PUBLIC ENTITIES SO TO BEST MAINTAIN GULF STREAM'S QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES. Objective 8.1.1. Establish formal specific methods of coordination with adjacent municipalities, Palm Beach County, and with state and federal agencies who have permitting authority in Gulf Stream. Policy 8.1.1.1: The Town shall be responsible for ensuring an effective intergovernmental coordination program. Policy 8.1.1.2: Interlocal agreements on development policies shall be established. Policy 8.1.1.3: Development shall adhere to the guidelines, policies, and provisions of all applicable interlocal agreements. Policy 8.1.1.4: Town Commissioners shall be available to participate in coordination activities with other public, quasi - public, and private entities. Policy 8.1.1.5: The Town shall invite representatives of other municipalities and the county to appoint ad hoc representatives to Gulf Stream's various boards or committees. Policy 8.1.1.6: Provide formal written notification to adjacent municipalities and the county announcing the review of proposed comprehensive plan amendments. Policy 8.1.1.7: Use Treasure Coast Regional Planning council for mediation purposes when issues cannot be solved on the local level. Policy 8.1.1.8: Designate a formal liaison with state and federal agencies that have permitting authority in Gulf Stream. Policy 8.1.1.9: Conflicts concerning annexation issues that cannot be remedied by the parties involved shall be referred to the Countywide Planning council for mediation. Policy 8.1.1.10: The Town shall participate in coordinating the management of estuaries that fall under the jurisdiction of the more than one local government. Policy 8.1.1.11: The Town of Gulf Stream shall pursue interlocal agreements with local governments that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "Joint Planning Areas" pursuant to Chapter 163.3171, F.S. The Town shall encourage joint planning agreements that include as many of the following planning considerations as are applicable. Additional items could be addressed at the concurrence of both parties; including: 3 Cooperative planning and review of land development activities within areas covered by the agreement; Specification of service delivery; - Funding and cost - sharing issues within Joint Planning Areas; and Enforcement /implementation; Objective 8.1.2: By 1992, The Town shall review its comprehensive plan of optimal coordination with plans prepared by the School Board, adjacent municipalities, and other pertinent local governments whose decisions may affect the residents of Gulf Stream. Policy 8.1.2.1: The Town shall designate a person or board to determine which plans need to be reviewed for coordination and to conduct this review. Objective 8.1.3: By 1993 the Town shall ensure coordination in establishing level of service standards for public facilities with the appropriate state, regional, or local entity having operational and /or maintenance responsibility for such facilities. Policy 8.1.3.1: The Town shall designate a person or board to coordinate with the appropriate agencies in establishing level of service standards for public facilities. Objective 8.1.4: The Town of Gulf Stream shall participate in intergovernmental coordination processes to insure full consideration is given to the impacts of proposed comprehensive plan amendments and future developments on the ability of town and adjacent local governments to implement their comprehensive plans and to address area wide land use needs and justification for amendments. Policy 8.1.4.1: The Town shall participate in the Palm Beach County IPARC Process and shall cooperate with the Treasure Coast Regional Planning Council and all other local governments in a voluntary dispute resolution process for the purpose of facilitating intergovernmental coordination. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, effective date October 1, 1993, and shall include results and any written determination from the IPARC process as data analysis to DCA with proposed and adopted comprehensive plan amendments. Policy 8.1.4.2: The Town shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi- Jurisdiction Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the sitting of facilities with countywide significance and locally unwanted land uses. 4 Town of Gulf Stream Executive Summary and Analysis Comprehensive Plan Amendment 99 -1 I. Executive Summary 1997 amendments to Florida Statutes Section 163.3177(h) require that local governments amend their comprehensive plans to address intergovernmental coordination issues (copy of statute attached as Exhibit A). Palm Beach County's IPARC (Interlocal Plan Amendment Review Committee) established a subcommittee to develop language that could be used collectively by all participating jurisdictions in Palm Beach County (see attached Exhibit B). Gulf Stream's proposed amendment uses this language verbatim for all applicable Statute Sections, as indicated below. II. Analysis Requirement in 3177(h) A. Identification and implementation of Joint Planning Areas B. Recognition of Campus Master Plans C. Voluntary Dispute resolution process D. Collaborative decision making on matters of interjurisdictional significance Applicability to Gulf Stream • Addressed in new policy 8.1.1.11 • Not Applicable; no campus exists in or adjacent to the Town • Addressed in new objective 8.1. and new policy 8.1.4.1 • Addressed in new objective 8.1.4 and new policies 8.1.4.1 and 8.1.4.2 F .6- �^..,� STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary December 22, 1999 The Honorable William F. Koch, Jr., Mayor Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mayor Koch: The Department has conducted a preliminary review of the Town's proposed comprehensive plan amendment received on November 24, 1999, DCA Reference No. 00 -LICE. We have determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J -5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Treasure Coast Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The local government may proceed to immediately adopt the amendment. Also, pursuant to Chapter 163.3189(2)(a), F.S., the Department recommends that the Town include the following language in the adoption ordinance regarding the effective date of the adopted amendment (if the local government plan has been determined to be In- Compliance): "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.3184(9), F.S. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us FLORIDA KEYS GREEN SWAMP Area of Critical State Concern Field Office Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 205 East Main Street, Suite 104 Marathon, Florida 33050 -2227 Bartow, Florida 338304641 r, The Honorable William F. Koch, Jr. December 22, 1999 Page Two This letter should be made available for public inspection. If you have any questions, please contact Richard W. Post, AICP, Planning Manager, who will oversee the review of the amendment, at (850) 487 -4545. Sincerely, i d , Bob Camb ' , AICP Growth Management Administrator Bureau of Local Planning BC /rp cc: Kristin Kern Garrison, AICP, Town Manager Michael Busha, AICP, Treasure Coast Regional Planning Council