HomeMy Public PortalAboutPRR 15-1690From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com]
Sent: Friday, January 02, 2015 8:30 AM
To: Bill Thrasher
Subject: Public Record Request - Comprehensive Land Use Plan Amendment
Dear Custodian of Records for the Town of Gulf Stream,
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes I wish
to make a public records request of your agency to examine the following records:
Recreation and Open Space Element Data and Analysis Update of the Town of Gulf
Stream, Florida Comprehensive Plan submitted to the Florida Department of Community
Affairs provides that: ... Public beach access is available... with public parking at the Town
HalL and also provides that Policy 7.1.1.5: The current level of beach access shall be
maintained. The Town recently reduced the amount of public parking at Town Hall
available for public beach access thereby effectively amending the Town's Comprehensive
Plan. Section 163.3194(1)(a), Florida Statutes, establishes the legal status of a
Comprehensive Plan and dictates that all development undertaken and all actions taken by
a local government shall be consistent with it's Comprehensive Plan. Section
163.3194(1)(a), Florida Statutes, states that,...After a comprehensive plan, or element or
portion thereof, has been adopted in conformity with this act, all development undertaken by,
and all actions taken in regard to development orders by, governmental agencies in regard to
land covered by such plan or element shall be consistent with such plan or element as adopted
Also, local comprehensive plan amendments shall be adopted, transmitted, and reviewed in
accordance with section 163.3184, Florida Statutes, and Chapters 9J -5 and 9J -11, Florida
Administrative Code. Therefore please provide the first five pages of any amendment to the
Town's Comprehensive Plan regarding the reduced level of beach parking previously
maintained at Town Hall.
Please provide only those records for inspection that do not require extensive use of information technologies
or extensive staff time or both in excess of 15 minutes.
If any records that would have been responsive to this request have been destroyed, then please
provide any and all records identifying the destruction or any other means of disposition of
records that would have been responsive to this public record request.
If the records I request have never existed, then please advise me that no such records exists.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by 4'1 19.07(l)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by § 119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge
receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records
in the original electronic format in which they were created or received. See 4119.01(2)(f), Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of $119.07(4)(a)3.(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost.
If you anticipate the production for inspection of these public records to exceed $1.00 please notify me in advance of
you incurring the cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
All responses to this public records request should be made in writing to the following email
address: chrisohareeulfstream a,email.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 2, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1690 (Comprehensive Land Use Plan Amendment)
Recreation and Open Space Element Data and Analysis Update of the Town of Gulf Stream,
Florida Comprehensive Plan submitted to the Florida Department of Community Affairs
provides that: ... Public beach access is available... with public parking at the Town Hall... and
also provides that Policy 7.1.1.5: The current level of beach access shall be maintained. The
Town recently reduced the amount of public parking at Town Hall available for public beach
access thereby effectively amending the Town's Comprehensive Plan. Section 163.3194(1)(a),
Florida Statutes, establishes the legal status of a Comprehensive Plan and dictates that all
development undertaken and all actions taken by a local government shall be consistent with it's
Comprehensive Plan. Section 163.3194(1)(a), Florida Statutes, states that,...After a
comprehensive plan, or element or portion thereof, has been adopted in conformity with this act,
all development undertaken by, and all actions taken in regard to development orders
by, governmental agencies in regard to land covered by such plan or element shall be consistent
with such plan or element as adopted. Also, local comprehensive plan amendments shall be
adopted, transmitted, and reviewed in accordance with section 163.3184, Florida Statutes, and
Chapters 9J -5 and 9J -11, Florida Administrative Code. Therefore please provide the first five
pages of any amendment to the Town's Comprehensive Plan regarding the reduced level of
beach parking previously maintained at Town Hall. Please provide only those records for
inspection that do not require extensive use of information technologies or extensive staff time or
both in excess of 15 minutes.
Dear Chris O'Hare [mail to: chrisoharegulfstream (a),email.coml,
The Town of Gulf Stream has received your public records requests dated January 2, 2015. If
your request was received in writing, then the requests can be found at the following link
httn: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /32903/Pagel.=xx. If your request was verbal,
then the description of your public records request is set forth in the italics above. Please refer to
the referenced number above with any future correspondence.
Be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records