HomeMy Public PortalAbout02/24/1983L
There will be a
PUBLIC HEARING
Meeting of the Town Commission
of
THE TOWN OF GULF STREAM, FLORIDA
AT THE TOWN HALL
Thy February 24 19 83 , at 5:00 E.M.
v
r
Deputy Town Clerk.
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I J
PUBLIC HEARING OF COMPREHENSIVE ZONING ORDINANCE
FEBRUARY 24, 1983
PRESENT: W. F. Koch, Jr. Mayor
Joel Hunter vice Mayor
Alan I. Amour Commissioner
Robert J. Dixson Commissioner
ABSENT: Brian Pfeifler Cc nnissioner
ALSO PRESENT: Town Manager William Gwynn, Town Attorney John Randolph,
William Mayer and Thanas O. Boucher, Planning Board,
Gene Caputo, Executive Management.
The Public Hearing to consider the proposed Comprehensive Zoning Ordinance was
called to order by Mayor Koch at 5:01 P.M., and Roll Call was taken.
Town Attorney Randolph read the title to the Zoning Ordinance as follows:
A COMPREHENSIVE ORDINANCE REGULATING THE USES OF LAND, WATER,
BUILDINGS AND STRUCTURES WITHIN THE TOWN OF GULF STREAM, A
MUNICIPAL CORPORATION IN PALM BEACH COUNTY, FLORIDA, REGULATING
THE LOCATION, HEIGHT, SIZE OF BUILDINGS AND STRUCTURES, THE SIZE
OF YARDS AND OTHER OPEN SPACES, THE DENSITY AND DISTRIBUTION OF
POPULATION AND FOR SAID PURPOSES, CREATING DISTRICTS AND ESTABLISHING
THE BOUNDARIES THEREOF AND ADOPTING A MAP OF SAID DISTRICTS;
DEFINING CERTAIN TERMS USED; ESTABLISHING A BOARD OF ADJUSTMENT
AND TOWN PLANNING BOARD, AND PROVIDING FOR THE ENFORCE-UM AND
AMEN1Z1ENT THEREOF AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS.
He stated that this would repeal the previous Ordinance dated May 17, 1952
and all amendments thereto, and enact the new Zoning Ordinance being
considered in the Public Hearing at this time. It would also authorize
the Commissioners to execute and sign a new Zoning Map for the Town. The
purpose of the hearing is:
1. To entertain any comments from the public in regard to the
proposed ordinance.
2. Put this particular ordinance on first reading at this time.
He also informed the Commissioners that by Statute they are required to announce
the date, time and place of the second Public Hearing. It was announced by
Mayor Koch that March 14, 1983, at 5:01 P.M. at the Gulf Stream Town Hall,
246 Sea Road, Gulf Stream, Florida, would be the date,time and place for the
second Public Hearing.
Mr. Gene Caputo questioned the following matters:
Public Hearing - Comprehensive Zoning Ordinance
February 24, 1983
Page 2
1. Temporary sales facility during construction.
After discussion, it was moved and seconded that in the multiple family section
of the Ordinance, which is referred to on Page 24, D-2, it was provided that
the placement of temporary sales facility during time of construction would be
handled as a Special Exception on specific application. Said temporary structure
can remain for six months, and permission can be renewed. The normal trailer
size would be acceptable, and removal would be prior to issuance of Certificate
of Occupancy. Motion passed.
2. Construction trailer - residential area.
It was moved and seconded in the residential section of the Ordinance, which is
referred to on Page 21, D-1, construction trailer, but not sales office, is to be
handled as a Special Exception on specific application. Said temporary structure
can remain for six months, and permission can be renewed. The normal trailer
size would be acceptable, and removal would be prior to issuance of Certificate
of Occupancy. Motion passed.
3. Outdoor Recreation District, parking requirements - private clubs, Page 26.
It was moved and seconded that the parking requirements for the Outdoor Recreation
District would be one space for every three persons of that number authorized by
the fire fighting authority to occupy the premises at any given time. Motion passed.
There were no comments from the public in regard to the Zoning Ordinance.
Motion was made and seconded to pass on first reading the proposed Comprehensive
Zoning Ordinance. Motion passed.
Mrs. Katherine Houbler, Lot 1, Pope Subdivision, expressed her deep concern
regarding certain changes directly affecting her property of which she had not
been apprised, including street name change of her property. She recommended in
the future that all property owners be notified, not just residents. It was
suggested by Commissioner Hunter that she become a member of the Gulf Stream
Civic Association. Town Clerk Barbara Gwynn advised that the Property Owners'
List had been updated.
There being no further business to come before the Commission regarding the
Comprehensive Zoning Ordinance, the meeting adjourned at 5:28 P.M.
Barbara Gwynn
Town Clerk
SPECIAL COMMISSION MEETING
DREDGING PPda=
FEBRUARY 24, 1983
PRESENT: W. F. Koch, Jr. Mayor
Joel Hunter Vice Mayor
Alan I. Armour Commissioner
Robert J. Dixson Commissioner
ABSIIYP: Brian Pfeifler Commissioner
ALSO PRESENT: Town Manager William Gwynn, Town Attorney John Randolph,
William Mayer and Thomas 0. Boucher, Planning Board.
The meeting was called to order at 5:30 P.M. to update the previous meeting
regarding the Dredging Project.
Town Manager Gwynn stated that as directed at the last meeting, he and
Commissioner Armour had met with the highest rated engineers for the dredging
project, which is Ton Campbell of Arthur Strock and Associates, and he
reported that they now have a firm estimate of $14,850.
Commissioner Armour stated that this firm has the expertise in regard to
obtaining permits, and the agreement was that they would save money if the
permitting took less time. He explained the negotiations regarding inspections,
permitting, drawings required, etc.
Motion was made and seconded authorizing the execution of a contract accepting
the terms in the proposal of Arthur Strock and Associates. Motion passed.
There was much discussion regarding the financing of the project and the
method of financing will be determined at a later date.
There being no further business to come before the Commission, the meeting
adjourn ed at 5:55 P.M.
Barbara Gwynn
Town Clerk
MONTHLY POLICE REPORT
January, 1983
TO: Police Commissioner, Robert Dixson
FROM: Chief James W. Greer
BURGLARIES REPORTED: Four
ATTEMPTED BURGLARIES: none
STOLEN PROPERTY RECOVERED:
BURGLARY CASES CLEARED: Two,
LARCENY: one
VANDALISM: two
ARRESTS:
FELONY: none
MISDEAMEANOR: none
WARRANT: none
TRAFFIC: Forty -one
FIR: two
DWI: one
one, for other agency (car)
for PBSO
Traffic Accidents within city limits: two
False alarms: thirty -seven
TOTAL CASE NUMBERS: 73
x�'c�Y k�'c�'cic�c�'; 4 ;�Y:;�Y�c4c'r4cicicir�c�Y�';�'; �Y'.c4c�c�c�c�Y�Y9c9cx�k�'c� ic�lcx�cic�Y�' c4; ic4c� 'c4c�rk�Y�cic�c�Y4;9c4c�Y�'e k�'c4cic �:
MILAGE
DAYS
HOURS
BUCHAN
710
19
152
BUNNER
1021
22
110
DRUIEN
937
17
136
HOOD
785
19
152
LUNDY
995
22
176
RODRIGUEZ
703
15
150
SCHUNCK
1016
19
152
STOCKS
1096
21
168
MAHONEY
950
20
168
8213
174
1364
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MAC MILLAN, NEWETT, ADAMS, STRAWN, STANLEY & BOTOS
MAC MILLAN BUILDING
29 NORTHEAST FOURTH AVENUE
DELRAY BEAGR, FLORIDA 33444
NEIL E. MAC MILLAN TELEPHONES
HARRY T. NEWETT 276 -6363 •737 -5620
JOHN ROSS ADAMS AREA CODE 13051
JOEL T. 5TRAWN
CAROL MAC MILLAN STANLEY
PLEASE REPLY TO
MICHAEL E. BOTOS P. O. BO% 820
DELRAY BEACH
FLORIDA 33447 -0820
TO: Town
Town
City
Town
Town
City
of
of
of
of
of
of
Ocean Ridge
Briny Breezes
Delray Beach
Gulfstream
Highland Beach
Boynton Beach
February 3, 1983
Re: Withdrawal of Boca Raton from Southeastern
Palm Beach County Hospital District
Gentlemen and Ladies:
This is to advise you that the City of Boca Raton has again
asked to withdraw from the Southeastern Palm Beach County Hospital
District.
This constitutes about the "tenth attempt" by the City of
Boca Raton to withdraw from the Hospital Distrlct. If they were
successful in withdrawing, it would create a considerable added
burden on the remaining properties and cities in the Hospital
District, since Boca Raton comprises such a major portion of the
District.
Tie would appreciate it if you would again take action by
your City (Town) Council in opposing the withdrawal and send a
copy of such action to all of the members of the Palm Beach County
Legislative Delegation. For your convenience, I am attaching a
copy of their names and addresses.
I should
of any action you
also appreciate your furnishing me with a copy
may take. If there are any questions in
I
connection with this, kindly contact the undersigned or the
Administrator's office at Bethesda Memorial hospital.
Y P er truly,
N. IacMillan `
Enclosure
cc: Mr. Russell T. Clayton, Administrator
All Hospital Board Members
President, Bethesda hospital Association
President, Bethesda Memorial Fund
P.S. This is a vital matter and your immediate
attention will e appreciate .
r
r
Members of the Palm Beach Countv Leqislative Deleqation
Representative Jim Watt
Senator Donnell Childers
Senator Harry A. Johnston, II
Representative James C. Hill
Representative Ed Healey
Representative Steve Press
Representative Carol Hanson
Representative William G. Myers
Representative Ray Liberti
Representative Eleanor Weinstock
Representative Frank Messersmith
Address: Palm Beach County Legislative Delegation
Palm Beach County Courthouse
P. O. Box 1989
West Palm Beach, Florida 33402
l
THE TIMES
Boca Raton residents.
FEBRUARY 3,1983
Boca is allowed to leave district
"If they're fortunate
. residents face hospital tax increase
By LISA A. STEMLE
said, adding; "I don't
and
ing to develop a strategy
three members of the
BERNIE WARD
whereby we can respond
hospital's Board of
mented.
and react to the situa-
Directors live in Boca
If Boca Raton Officials are successful
tion," Taylor said.
and commented that the
in their attempt to pull out of the Bethesda
. Referring to Boca
hospital "has done a
Memorial *1 tax;- district, .the move could
Raton's intentions,
lousy job of public rela-
_
mean a' ubstantial increase in taxes for
` Taylor said, "Obviously,
Lions in letting the
residents',- of .Boynton and Delray
it concerns us: At this
!'a lot
public know what it is
rBeach
each.
time, of things are
hospital
really doing in this.
is: 'What is the purpose
going on," and
area."
Boca " Raton pays last year were from Boca
"
officials don't know
Cheney said staff
about 35.2 percent of the Raton. "'
what impact a smaller
members have already
municipal taxes that go Robert B. Taylor
tax district would have,
started an impact study.
to the tax- assisted hoa -• Jr., assistant admini-
he said'
If the legislature grants
pital, or about $1 million strator for finance at
The Boynton Beach
Boca's request, it appar-
of the approximately Bethesda, said he is not
City Council began
ently will increase Boyn-
$2.86 million collected sure how the difference
gathering its ammuni-
ton's hospital district
last year. Boca Raton will be met, if Boca
tion this week in the
taxes by 50 percent, he
council members object leaves the district.
coming battle to prevent
added:
to that amount, because, ' 'The change can be
Boca Raton from
Hospital- officials
rj +$ only about 8.1 percent of authorized by'the state
withdrawing from the
are preparing a major
Bethesda patients in the legislature. In an effort
district.
presentation before the
to gather support for
that move, Boca Raton
Complaining that
Palm Beach County legi-
delegation
such an action would
slative on
has scheduled the straw
throw'the tax burden on
Feb. 22 opposing Boca's
ballot vote on the issue
- citizens of Boynton, '
withdrawal. The council
'at its March 8 municipal
Mayor Walter "Marty"
voted unanimously to
elections. ,
Trauger asked City
have the impact study
Taylor said a study
Manager Peter Cheney
ready by that time to
is being conducted on
to prepare a study mea-
support the hospital's
proposal for Bethesda to
suring the impact if the
position.
enter profitable ven-
state legislature ap-
Delray Beach
tures, which could re-
proves Boca's request to
Mayor Willard Young
duce the taxes levied by
withdraw.
said if Boca Raton
the hospital. A report is
"If this is done,"
leaves the tax district, it
due in April on propo-
Trauger said at the
will not have a great im -'
sals to build a convales-
Council's Tuesday night
pact on the remaining
cent home, a nursing
meeting, "it will throw
taxpayers. He said
school and a medical of-
the burden of taxes on'
many of Delray resi-
fice building.
Boynton Beach and Del-
dents use hospitals in
' The hospital board
ray Beach.
Boca Raton and the new
administrators are "try-
He also noted that
Delray Community hos- t
pital west of the city'. '- ,
"I don't think the
amount we' pay for that
(Continued on page 3 ]A)
(Continued from page 4A)
Boca Raton residents.
BBethesda hospital) ser-
"If they're fortunate
vice is that big," Young
enough not to have in-
said, adding; "I don't
digents in their city,
think it will have a large
that's great," he com-
effect on the tax rate (if'
mented.
Boca pulls out)."
He said . he under-
stood that the hospital
However, he said,
I tax is a subsidy for help -
The affluent are mor-
I ing those who cannot af-
ally obligated to take;
ford hospital care. "The
care of the people, that
we need to ask
need help."
is: 'What is the purpose
That "moral obliga-
; of the tax ?' If it is an in.
tion" is something that!
digent tax, that's a
Delray City Manager
! social responsibility and
Gordon Tiffany said
something they need to
should be shared by
share," Tiffany said.
TO: Town
of
Town
of
City
y
Town
of
Town
of
LAw Orrlcns
MAC
I1TILLA-N, NEWETT, ADAMS, STRAWN, STANLEY
S: BOTOS
MAC MILLAN BUILDING
22 NORTHEAST FOURTH AVENUE
DELRAY BEACH, FLORIDA 00444
NEIL E. MAC MILLAN
TELEPHONES
HARRY T. NEWETT
276-6363 • 737 -5620
JOHN ROSS ADAMS
AREA CODE 13051
JOEL T. 5TRAWN
CAROL MAC MILLAN STANLEY
PLEASE REPLY TO
MICHAEL E. BOTOS
P. O. BO% 820
DELRAY BEACH
FLORIDA 33447 -0820
TO: Town
of
Town
of
City
of
Town
of
Town
of
City of
Ocean Ridge
Briny Breezes
Delray Beach
Gulfstream
Highland Beach
Boynton Beach
rebruary 3, 1983
Re: Withdrawal of Boca Raton from Southeastern
Palm Beach County Hospital District
Gentlemen and Ladies:
This is to advise you that the City of Boca Raton has again
asked to withdraw from the Southeastern Palm Beach County Hospital
District.
This constitutes about the "tenth attempt" by the City of
Boca Raton to withdraw from the Hospit—a-1 Distr� t If they were
successful in withdrawing, it would create a. considerable added
burden on the remaining properties and cities in the hospital
District, since Boca Raton comprises such a major portion of the
District.
We would appreciate it if you would again take action by
your City (Town) Council in opposing the withdrawal and send a
copy of such action to all of the members of the Palm Beach County
Legislative Delegation. Por your convenience, I am attaching a
copy of their names and addresses.
I should also appreciate your
of any action you may take. If there
furnishing me with a copy
are any questions in
0 O
connection with this, kindly contact the undersigned or the
Administrator's office at Bethesda Memorial IIospital.
Y urs er truly,
Neil E. acMillan
Enclosure
CC: Mr. Russell T. Clayton, Administrator
All Hospital Board Members
President, Bethesda IIospital Association
President, Bethesda Memorial Fund
P.S. This is a vital matter and your immediate
attention will a7—L e appreciate .
Members of the Palm Beach Count
Representative Jim Watt
Senator Donnell Childers
Senator Barry A. Johnston, II
Representative James C. Hill
Representative Ed Healey
Representative Steve Press
slative Delegation
Representative Carol Ranson
Representative William G. Myers
Representative Ray Liberti
Representative Eleanor Weinstock
Representative Frank Messersmith
Address: Palm Beach County Legislative Delegation
Palm Beach County Courthouse
P. 0. Box 1989
P'cst Palm Peach, Florida 33402
TO
MONTHLY POLICE REPORT
January, 1983
Police Commissioner, Robert Dixson
FROM: Chief James W. Greer
BURGLARIES REPORTED: Four
ATTEMPTED BURGLARIES: none
STOLEN PROPERTY RECOVERED:
BURGLARY CASES CLEARED: Two,
LARCENY: one
VANDALISM: two
ARRESTS:
FELONY: none
MISDEAMEANOR: none
WARRANT: none
TRAFFIC: Forty -one
FIR: two
DWI: one
one, for other agency (car)
for PBSO
Traffic Accidents witf�in city limits: two
Falser alarms: thirty -seven
TOTAL CASE NUMBERS: 73
MILAGE DAYS HOURS
BUCHAN
710
19
152
BUNNER
1021
22
110
DRUIEN
937
17
136
HOOD
785
19
152
LUNDY
995
22
176
RODRIGUEZ
703
15
150
SCHUNCK
1016
19
152
STOCKS
1096
21
168
MAHONEY
950
20
168
8213
174
1364
'roam of Culf SLream, Florida
Zoning ordinance /Plan Adoption Process
1. February 11, 1983 - Set date for Public Hearing for
adoption of Zoning Ordinance.
(As per established Town Procedure)
- Discuss L.G.C.P.A. /E.A.R. requirements
- Set L.P.A. review meeting of E.A.R.
Report
- Set L.P.A. Public Hearing on E.A.R.
Report (can be same date of L.P.A.
review meeting, if there are no changes
to the report). Will require proper
advertisements for public hearing
2. L.P.A. Public Hearing - Town Commission sitting as the L.P.A.
hears public comment. No action is
taken other than the L.P.A. sending
report and comments on to Town Commission.
L.P.A. can adjourn public hearing and
reconvene as Town Commission to accept
report and to direct Town Clerk to
transmit copies of E.A.R. Report to
State, Regional, County, and appropriate
municipalities and districts.
3. Review Period - Upon completion of the review and L.P.A.
public hearing process, the Town must
provide for a maximum of 60 days for
comments back from the agencies in 2
above.
If no adverse comments from the agencies,
the Town Commission can begin its public
hearing process.
If adverse comments are received, then
the Town must respond to commenting
agency and the State within 4 weeks and
then wait an additional 2 weeks for
response back from the commenting agency
and /or the State.
-1-
4. Adoption of E.A.R. Report /Plan Amendment
- Town Commission sets 2 public hearings
and advertises 7 days prior to the first
public hearing. The second public
hearing,must be 2 weeks after the first
hearing with advertisement 5 days prior
to the second hearing,
- Adoption of E.A.R. as amendment to Plan
can take place immediately upon completion
of second public hearing. If advertised
as such, the Commission can adjourn the
public hearing and reconvene in special
session to adopt plan by motion.
-2-
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SUGGESTED CONTENTS OF TRANSMITTAL L=7ER:
LOCAL COMPRII-IETISIVE PLAN AMENDNEUS
Local Government Comprehensive Plannirg Act of 1975
Copies to be sent to:
Transmittal Letter:
Reason -
Legal Notices -
Minutes -
Mr. Michael Garretson, Director
Division of Local Resource Managenent
Dept. of Veterans and Co.rmmity Affairs
2571 Executive Center Circle, East
Tallahassee, Florida 32301 (10 copies)
Section 163.3184 (1)(a) F.S.
Mr. Sam Shannon, Executive DlrLctor
Treasure Coast Regional Plannirg Council
50 Kindred Street
Stuart, Florida 33494 (1 copy)
Section 163.3184 (1)(b) F.S.
Local Plannirg Agency of
Palm Beach County
P. 0. Box 1989
West Palm Beach, Florida 33402
All others requestirg copies of
comprehensive plan
Why plan anerrlment is being sent -
state fbr fbnmal review.
Legal notice(s)
agency's public
ameniment(s) .
of local plarnirg
hearirg(s) for
Minutes of the local plannirg
agency's public hearirg(s), note
to reviewer they are available.
(1 copy)
Section 163.3184 (1)(c) F.S.
(1 copy)
Section 163.3184 (a) F.S.
Section 163.3184 F.S.
Section 163.3174 (a) F.S.
(optional)
Adoption Hearing - Date of the proposed final adoption Section 163.3184 (1)(a)
hearings by the governirg body (may
be amerxied at a future date if
necessary.)
Contact Person - Person vhio may be contacted to (optional)
answer questions on the con -
prehensive plan anerriment.
DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS' GUIDELINES
FOR PREPARATION OF THE LGCPA EVALUATION AND APPRAISAL REPORT (EAR)
The periodic evaluation and appraisal of adopted comprehensive
plans is the key to guaranteeing a continuous and on -going planning
process. Pursuant to 5163.3191, Florida Statutes, each local
government must prepare an Evaluation and Appraisal Report (EAR),
which serves as a basis for updating its comprehensive plan at least
once every five years. The dynamic nature of comprehensive planning
demands that local governments establish formal procedures by which
their adopted plans can be kept up to date. As community values,
goals and conditions change, the comprehensive plan must be monitored,
analyzed and updated to accommodate these changes.
The purpose of the EAR is to evaluate the effectiveness of the
comprehensive plan during the period covered by the report. When
the EAR is prepared by the local planning agency (LPA), it should be
sent to the local governing body. Transmittal of the EAR should
follow the same procedures as for original plan adoption according
to §163.3184, F.S., which includes formal review by the county (in
the case of a municipality), the regional planning council, and the
state land planning agency. Reports may be transmitted at lesser
intervals as requested by the local governing body. In transmitting
the EAR, local officials should consider the need for review agencies
to have a current copy of the existing comprehensive plan for use in
review of the EAR.
The content and format for the EAR are presented in the following
sections according to the minimum requirements of the law. The report
should contain an objective analysis of the plan and of the imple-
mentation efforts employed by the governing body. In those cases
where a plan has undergone significant amendment, a rationale should
be presented as to why the amendment was needed. The report should
contain sufficient specificity to serve as a basis for proposed
changes in the comprehensive plan.
While the LGCPA offers no prescribed format for the EAR, we
recommend that the report be prepared in two distinct phases: (1)
the Evaluation and Appraisal Phase; and (2) the Recommended Changes
to the Adopted Plan Phase.
PHASE I - Evaluation and Appraisal
In order for the EAR to represent an assessment of the success
or failure of the comprehensive plan, certain minimums should be
addressed if the report is to be useful. For example, background
information, surveys, studies and demographic information should be
revised and updated. as needed.
As mandated by §163.3191, F.S., the content of the EAR should
include appropriate statements (using words, maps, illustrations,
or other forms) related to:
(a) the major problems of development, physical deterioration,
and the location of land uses and the social and economic
effects of such uses in the area;
(b) the condition of each element. in the comprehen::a.ve plan
at the time of adoption and at the date of report;
(c) the comprehensive plan objectives as compared with the
actual results at the date of report;
2
(d) the extent to which unanticipated problems and
opportunities occurred between the date of
adoption and the date of the report.
To adequately present these issues in the EAR, an analysis
of the current situation is essential. For example, a land use
inventory to identify new development activity as well as
changing patterns of use should be compared with recent popula-
tion counts and projections. The original methodologies utilized
to prepare the required elements of the plan according to §163.3177,
F.S., should also be revisited and updated in order to provide the
following:
1. Description of conditions affecting the local
government, including unanticipated problems and
opportunities, which occurred between the date of
plan adoption and preparation of the EAR. The
impact of these problems and opportunities upon
the growth and development of the local government,
both positive and negative, and the social, economic
and environmental effects should also be included.
2. Evaluation of progress in implementing the com-
prehensive plan and accomplishing its objectives.
3. Analysis of the strengths and weaknesses of the
comprehensive plan and each of its elements.
As part of these analyses, the first phase of the EAR should
propose possible alternatives for revising the plan. These should
be based upon the assessment developed in Phase I. These alterna-
tives might include a rewording of objectives and policy statements,
3
or the correction of a local implementation strategy such as a
development review process.
PHASE II - Recommended Changes to the Adopted Plan
Based on the information and analysis performed during Phase I,
the report should recommend proposed changes to the comprehensive
plan, or elements or portions thereof. The form of proposed
changes may include a new or revised plan, or reformulated objec-
tives, policies, or standards, as appropriate. Since action on
the report, by the governing body, constitutes an amendment to the
comprehensive plan, the proposed changes should be in a form to
facilitate incorporation into the plan.
The State Land Planning Agency will use the provisions of
§163.3177, Florida Statutes, to review proposed changes to compre-
hensive plans resulting from the EAR.
In preparing updates, improvements and revisions to the compre-
hensive plan, the proposed recommendations or amendments should be
analyzed within the EAR itself. This will provide a documented
evaluation of the current comprehensive plan and a framework for
improving its contents.
Another consideration in preparing the EAR relates to the
adoption of plans element by element which is permitted by the law.
Comprehensive plans which were adopted element by element over a
period of several years introduces the possibility of multiple EAP.s,
depending upon how the plan was adopted. We recommend that EARS
deal with the entire comprehensive plan. The evaluation and update
of some elements to the exclusion of others fails to meet the spirit
53
of the law which calls for complete and consistent comprehensive
plans to be adopted by each local government. Evaluating less than
the whole plan is not compatible with the internal consistency
requirement mandated by the LGCPA.
It is important to remember that the primary purpose of the
EAR is to provide a basis for plan revision and /or update. Prepara-
tion of a new or updated plan without documenting the required
evaluation process is not consistent with the requirements of the
law. Further, since action on the EAR constitutes amendment to
the comprehensive plan, any proposed changes to the plan should be
specifically addressed and included as part of the report.
. These guidelines are intended to assist local officials and
planners in conducting a thorough review of their comprehensive
planning documents and implementation programs. While the recom-
mendations are not binding upon local governments, we believe they
provide a sound basis for complying with the minimum statutory
requirements.
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FRED B. DEVITT,JR.
G. NORMAN OTTO
Town of Gulf
246 Sea Road
Gulf Stream,
Gentlemen:
BYRD, DEVITT & OTTO, P.A.
ATTORNEYS AT LAW
BYRn BUILDING.
30 SOUTHEAST 4.^ AVENUE
DELRAY BEACH, FLORIDA 33444
TELEPHONE (305) 276 -7436
February 8, 1983
Stream
FL 33444
MAILING ADDRESS
POST OFFICE DRAWER 370
RHEA WHITLEY(ioo3 -toes)
C.Y. BYRD, OF COUNSEL
We represent the Estate of Cecile J. Johnson
which has certain property located within the
Town of Gulf Stream boundaries.
We are aware that the Town of Gulf Stream is
considering new zoning changes concerning the size
of building lots in the town. We feel that the
proposed changes are too restrictive insofar as
existing platted lots are concerned and we,
accordingly, objpct on behalf of the estate to the
proposed change on the theory that an existing
platted lot should be able to build without going
through a special permission procedure.
FBD /sn
CC: Mrs. W. E. Merritt
Very truly yours,
BYRD,,--DEVITT & OTTO, P.A.
J
/