Res 17-06
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RESOLUTION NO. 17-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, OBJECTING TO THE ACTIONS OF PALM BEACH
COUNlY IN ITS PROPOSAL TO ADOPT REVISIONS TO ITS
COMPREHENSIVE PLAN WITHOUT FOLLOWING ITS OWN NOTICE
REQUIREMENTS AND ISSUING THIS ITS WRITTEN NOTICE OF INTENT
TO OBJECT UNDER ARTICLE VIII SECTION 3.e. OF THE
COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW
INTERLOCAL AGREEMENT ENTERED INTO BY PALM BEACH COUNlY,
THIRlY-ONE (31) MUNICIPALITIES, SIX (6) SPECIAL DISTRICTS AND THE
SCHOOL BOARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City ofDelray Beach, Florida, has recendy been made
aware of revisions to Palm Beach County's Comprehensive Plan which would significant impact its re-
development efforts; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, objects to the lack of
notice provided with regard to this very important revision to its Comprehensive Plan; and
WHEREAS, the City Commission of the City of DeIray Beach, Florida, desires to file its written
objection to this proposed revision in accordance with Chapter 163, Florida Statutes, and the Interlocal
Agreement referenced in the tide of this resolution; and
WHEREAS, the City Commission of the City of DeIray Beach, Florida, believes this action to
be in the best interests of the health, safety and welfare of its citizens.
NOW, THEREFORE BE IT RESOLVED BY THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, THAT:
Section 1: The City Commission of the City ofDelray Beach, Florida, hereby objects to the
proposed Palm Beach County Comprehensive Plan Amendment as described on the Land Use Advisory
Board Agendas dated March 10,2006 and March 24, 2006 as number IV.D.4 "Coastal Residential
Exception Areas Modification" for the following reasons:
A. The proposed amendment IV.D.4 as described on the March 10,2006 agenda
and staff report deals only with the expansion of the coastal residential area
North of PGA Boulevard and East of 1-95. The staff report stated that this
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proposal had been submitted to the Intergovernmental Plan Amendment
Review Committee (IP ARC) and that "no comments have been received to
date". Since a quorum was lost on March 10,2006 before this item could be
heard this matter was continued to a time certain of March 24, 2006. Significant
changes were made to this item during the continuance with no notice to
anyone. The Palm Beach County League of Cities, Inc. only received notice of
same on Thursday March 23, 2006 after 5:00 p.m. for a 9:00 a.m. meeting on
March 24, 2006.
B. The revised amendment would affect all municipalities in the County with
boundaries located East of 1-95.
e. Even though this last minute revision would result in tremendous impacts to
numerous municipalities, the County failed to follow its own policy PPM# CW-
0-041 whereby all ordinances proposed to affect incorporated areas must be
submitted to the Palm Beach County League of Cities, Inc. (the "League") for
review by its Board of Directors and General Membership prior to first reading.
In this case, there was notice to the League bye-mail after 5:00 p.m. on
Thursday, March 23, 2006 for a 9:00 a.m. LUAB meeting held on the next day,
March 24, 2006. The Transmittal hearing and first reading is proposed for April
5, 2006 at 9:30 a.m. The League's Board of Directors meeting is scheduled for
Apri112, 2006 with its General membership meeting scheduled for April 26,
2006; both after first reading and transmittal is proposed by the County.
D. The County failed to honor its commitments set forth in the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement (the "Agreement")
dated October 1, 1993 R-93-802. Specifically, the County failed to submit its
proposed Comprehensive Plan Amendment as revised at the last minute to the
clearinghouse thirty (30) days prior to its transmittal hearing in accordance with
Article VIII. Section 3. of the Agreement.
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RES. NO. 17-06
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The County is in violation of its own Comprehensive Plan by failing to follow
the dictates of the Agreement since it has adopted this process into its
Comprehensive Plan as a means of Intergovernmental Co-Ordination to satisfy
the requirements of Chapter 163, Florida Statutes.
The County is attempting to control land and zoning decisions within the
eastern municipalities under the guise of the Traffic Performance Standards
Ordinance (fPSO). The county was only given the authority to set levels of
service on certain roadways within the County by means of the TPSO, not
dictate land use decisions within municipalities. This is not what the voters
approved in 1988.
Section 2: This Resolution shall be submitted to other affected municipalities, the Issues
Forum, IP ARC, Palm Beach County and the Department of Community Affairs.
Section 3: This Resolution shall take effect immediately upon its adoption by the City
Commission.
PASSED AND ADOPTED this ~yof ~~
ATTEST:
E.
F.
, 2006.
CIlY OF DELRA Y BEACH
~/~
~~~~.~~
CIlY CLERK
3
RES. NO. 17-06
-----fA
[ITY DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
.2()(l NW 1 sl AVE:\J[ 'F . D1LRA Y BEACH. FLORIDA 33444
TLLEPHONE: ')61/.2-1 i7{)')()' FACSIMILE: ')61/278-4755
DELRAY BEACH
F L () RIO A
D.eatI
All-America City
" III! DATE:
Writer's Direct line: 561/243-7091
MEMORANDUM
March 29, 2006
1993
2001
TO:
City Commission
FROM: Susan Ruby, City Attorney
SUBJECT: Countv Chanaes to Comprehensive Plan Reauirina Workforce Housina
This resolution is drafted as a written notice of objection to the County requirement
that in order to qualify for Traffic Performance exceptions, workforce housing must
be provided in accordance with County requirements.
The City has workforce housing requirements of its own. The purpose of this
resolution is to object to the County dictating land uses within municipalities.
17-06 on the City Commission agenda for Thursday,
Attachment
cc: David Harden, City Manager
Paul Dorling, Director of Planning and Zoning
Diane Colonna, Director of CRA
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RESOLUTION NO. 17-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, OBJECTING TO THE ACTIONS OF PALM BEACH
COUNTY IN ITS PROPOSAL TO ADOPT REVISIONS TO ITS
COMPREHENSIVE PLAN WITHOUT FOLLOWING ITS OWN NOTICE
REQUIREMENTS AND ISSUING TIllS ITS WRITTEN NOTICE OF INTENT TO
OBJECT UNDER ARTICLE VIII SECTION 3.C. OF THE COMPREHENSIVE
PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT
ENTERED INTO BY PALM BEACH COUNTY, THIRTY-ONE (31)
MUNICIPALITIES, SIX (6) SPECIAL DISTRICTS AND THE SCHOOL BOARD;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has recently been
made aware of revisions to Palm Beach County's Comprehensive Plan which would significant
impact its re-development efforts; and
WHEREAS, the City Commission of the City of Del ray Beach, Florida, objects to the lack of
notice provided with regard to this very important revision to its Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to file its
written objection to this proposed revision in accordance with Chapter 163, Florida Statutes, and the
Interlocal Agreement referenced in the title of this resolution; and
WHEREAS, the City Commission of the City of Del ray Beach, Florida, believes this action
to be in the best interests of the health, safety and welfare of its citizens.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, THAT:
Section 1: The City Commission of the City of Delray Beach, Florida, hereby objects to
the proposed Palm Beach County Comprehensive Plan Amendment as described on the Land Use
Advisory Board Agendas dated March 10,2006 and March 24,2006 as number IV.DA "Coastal
Residential Exception Areas Modification" for the following reasons:
A. The proposed amendment IV.DA as described on the March 10,2006 agenda
and staff report deals only with the an expansion of the coastal residential
area North ofPGA Boulevard and East ofl-95. The staffreport stated that
this proposal had been submitted to the Intergovernmental Plan Amendment
Review Committee (IP ARC) and that "no comments have been received to
date". Since a quorum was lost on March 10,2006 before this item could be
heard this matter was continued to a time certain of March 24, 2006.
Significant changes were made to this item during the continuance with no
notice to anyone. The Palm Beach County League of Cities, Inc. only
received notice of same on Thursday March 23, 2006 after 5:00 p.m. for a
9:00 a.m. meeting on March 24, 2006.
B. The revised amendment would affect all municipalities in the County with
boundaries located East ofI-95.
C. Even though this last minute revision would result in tremendous impacts to
numerous municipalities, the County failed to follow its own policy PPM#
CW -0-041 whereby all ordinances proposed to affect incorporated areas must
be submitted to the Palm Beach County League of Cities, Inc. (the "League")
for review by its Board of Directors and General Membership prior to first
reading. In this case, there was notice to the League bye-mail after 5:00 p.m.
on Thursday, March 23, 2006 for a 9:00 a.m. LUAB meeting held on the next
day, March 24, 2006. The Transmittal hearing and first reading is proposed
for April 5, 2006 at 9:30 a.m. The League's Board of Directors meeting is
scheduled for April 12, 2006 with its General membership meeting scheduled
for April 26, 2006; both after first reading and transmittal is proposed by the
County.
D. The County failed to honor its commitments set forth in the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement (the
"Agreement") dated October 1, 1993 R-93-802. Specifically, the County
failed to submit its proposed Comprehensive Plan Amendment as revised at
the last minute to the clearinghouse thirty (30) days prior to its transmittal
hearing in accordance with Article VIII. Section 3. of the Agreement.
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RES. NO. 17-06
E. The County is in violation of its own Comprehensive Plan by failing to
follow the dictates of the Agreement since it has adopted this process into its
Comprehensive Plan as a means of Intergovernmental Co-Ordination to
satisfy the requirements of Chapter 163, Florida Statutes.
F. The County is attempting to control land and zoning decisions within the
eastern municipalities under the guise of the Traffic Performance Standards
Ordinance (TPSO). The county was only given the authority to set levels of
service on certain roadways within the County by means of the TPSO, not
dictate land use decisions within municipalities. This is not what the voters
approved in 1988.
Section 2: This Resolution shall be submitted to other affected municipalities, the Issues
Forum, IP ARC, Palm Beach County and the Department of Community Affairs.
Section 3: This Resolution shall take effect immediately upon its adoption by the City
Commission.
PASSED AND ADOPTED this
clay of
, 2006.
CITY OF DELRA Y BEACH
MAYOR
ATTEST:
(SEAL)
CITY CLERK
Approved as to form and
legal sufficiency.
CITY ATTORNEY
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RES. NO. 17-06