47-95. I
ORDINANCE NO. 47-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPLIANCE
AGREEMENT PLAN AMENDMENT 92-3 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT",
FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPLIANCE AGREEMENT 92-3 PLAN
AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 92-2"; and
WHEREAS, the City Commission, following due public notice, held a public hearing on
December 8, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning
and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the City Commission adopted
Comprehensive Plan Amendment 92-2 by Ordinance 63-92; and
WHEREAS, following City Commission approval, Comprehensive Plan Amendment 92-2 was
transmitted to the Department of Community Affairs for required review; and
WHEREAS, on February 22, 1993, the State Department of Community Affairs issued a notice
of intent to find Comprehensive Plan Amendment 92-2 to not be in compliance; and
WHEREAS, the City and the State Department of Community Affairs entered into a stipulated
settlement agreement which requires the City to adopt the compliance agreement plan amendment attached
hereto as Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its
intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161
through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation
Act".
~. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, them is hereby adopted the document entitled "Compliance Agreement Plan Amendment 92-3",
which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby
amended pursuant to the document entitled "Compliance Agreement Plan Amendment 92-3".
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon issuance of a final
order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section
163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a
final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section
163.31884(10).
PASSED AND ADOPTED in regular session off second and final reading on this the 15th day
of August ,1995.
ATTEST:
City Clerk ~ g '
First Reading August 8, 1995
Second Reading August 15, 1995
dca.ord
2 ORD NO. 47-95
EXHIBIT "A"
COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3
TRAFFIC ELEMENT
Location: Pg. II1-C-31, GOAL AREA "E" in its entirety
GOAL AREA "E" IT IS A GOAL OF THE CITY TO PROVIDE FOR THE
IMMEDIATE DESIGNATION OF AN INTERIM
TRANSPORTATION CONCURRENCY MANAGEMENT
AREA (TCMA) UNTIL SUCH TIME AS A
TRANSPORTATION MOBILITY ELEMENT (TME) IS
ADOPTED BY A COMPREHENSIVE PLAN AMENDMENT.
THE TME SHALL BE TO PLAN FOR A MULTI-MODAL,
MULTI-OPTIONAL TRANSPORTATION SYSTEM WHICH
PLACES LESS EMPHASIS ON ACCOMMODATING THE
SINGLE-OCCUPANCY VEHICLE AND WHICH
ENCOURAGES THE DEVELOPMENT OF COMPACT,
NON-AUTOMOBILE ORIENTED URBAN AREAS,
PROMOTES ENERGY EFFICIENT DEVELOPMENT
PATTERNS, PROTECTS AIR QUALITY, AND PROVIDES
FOR THE MORE EFFICIENT MOBILITY OF RESIDENTS,
VISITORS, AND GOODS. [9J-5.0057(7)(b)]
In order to access the flexibility allowed in establishing levels of service
standards and toward the goal of establishing a convenient, energy efficient,
multi-modal transportation system which compliments the proposed land use
pattern, and while preparing a Transportation Mobility Element (TME) addressing
the entire jurisdiction, the City Commission hereby designates the area
described in the '~/illage Center" development scenario, Figure L-8 in the Future
Land Use Element, as an interim Transportation Concurrency Management Area
(TCMA). This interim TCMA designation shall be effective for a maximum period
not to exceed thirty-six months from December 8, 1992 during which time a TME
shall be prepared and adopted. [9J-5.0057(7)(a)]
Policy E-1.1: The interim TCMA designated within Delray Beach shall
automatically become null and void if the Delray Beach City Commission does
not adopt a TME as a comprehensive plan amendment within the time frame
prescribed by Objective E-I. [9J-5.0057(7)(a)]
Policy E-1.2: The levels of service standards established for the interim TCMA
shall be valid for no longer that the time frame prescribed by Objective E-I.
Should the City fail to adopt a TME within the time frame prescribed by Objective
E-l, the levels of service standards established for the interim TCMA's shall
automatically be rescinded and the level of service standard in place for
development not in the TCMA shall take affect. [9J-5.0057(7)(a)]
Poli~y E-1.3: The City Commission shall have the authority to impose specific
limits on the amount of development permitted within the interim TCMA and such
limits shall be valid for no longer than the time period prescribed by Objective E-
l. Said limits of development shall be as defined in Table L-2a of the Future
Land Use Element. [9J-5.0057(7)(a)]
Policy E-1.4: The Planning Department shall prepare monitoring status reports
on a six month basis. Said reports will reflect changes in the amount of
proposed, approved, built and total existing conditions relative to land use
density and intensity in the TCMA. [9J-5.0057(7)(b)]
Policy E-t,$; The impacts of trips generated by development within the TCMA
will be measured against the levels of service for TCMA and Gateway roads
shown in Table 6 of the Traffic Element. The impact of trips from all other
development with traffic impacts on TCMA and/or Gateway roads will be
measured against the general levels of service as defined in Objective B-I. All
road LOS determinations shall be made on both a daily and peak hour basis.
[9J-5.0057(5)(c)1]
Policy E-1.6: Developments within the TCMA shall use the existing grid system
of streets within the TCMA and surrounding downtown area for traffic distribution
purposes.
P_gJJ.r,.y_E:_l.,.7~ For mass transit facilities located within the Downtown interim
TCMA, the level of service standards shall be as established in the County
Comprehensive Plan. [9J-5.0057(5)(c)1]
Policy E-1.8: The specific limits on the amount and type (by land use) of
development permitted within the Downtown interim TCMA shall be as
established in the '¥illage Center" development scenario as defined in Table L-
2a of the Future Land Use Element. [9J-5.0057(7)(b)]
Policy E-1.9: The Traffic Engineer of Delray Beach shall set up a monitoring
program to track new development approvals within the boundaries of the
Downtown Interim TCMA. The sum of the new development approvals shall be
compared to the land use intensities in Table L-2a. The Traffic Engineer shall
submit a report to the office of the Planning Director every six months comparing
the sum of new development approvals to the quantities in said Table.
Page 2
In order to assure intergovernmental coordination, the City shall coordinate the
designation of the interim TCMA with other entities.
P_.~lJg. y_~,,_~ Pursuant to County Comprehensive Plan requirements, prior to
the time the City transmits a comprehensive plan amendment designating one or
more interim TCMA's, the City shall petition the Board of County Commissioners
(B.C.C.) to establish interim level of service standards for collector or arterial
road links and gateway road links that are not the responsibility of the City
pursuant to County Traffic Element Objective 13.
P_c[I[c,y~ The City Commission accepts the authority of the Board of County
Commissioners to impose conditions upon the approval of any interim level of
service standard which impacts a road not under City jurisdiction, including but
not limited to, monitoring and status reports, phasing requirements, roadway
'improvements, bikeway and pedestrian system improvements, and
Transportation Demand Management (TDM) and Transportation System
Management (TSM) measures.
VVithin thirty-six (36) months after the adoption of comprehensive plan
amendment setting an interim TCMA, the City Commission shall adopt a
Transportation Mobility Element (TME). The TME shall provide for a safe,
convenient and energy efficient multi-modal transportation system. The TME
shall meet the provisions of the applicable state statutes and administrative
rules, and requirements of Palm Beach County. [9J-5.0057(5)(b)1]
~ In the development of its TME, Delray Beach shall establish level
of service standards during the peak hour for roads and transit facilities within its
jurisdiction after consultation with the Florida Department of Transportation, the
County, and any affected local governments. [9J-5.0057(5)(b)1]
~ In the development of its TME, Delray Beach shall provide for the
control of connections and access points of driveways and roads to roadways.
[9J-5.0057(5)(c)2]
P_.~.J[r,y~ In the development of its TME, Delray Beach shall establish
parking strategies that will promote use of alternatives to the single-occupant
automobile. This Policy should be coordinated with the City Parking
Management Team. [9J-5.0057(5)(c)3]
Page 3
PQlicy E-3,4: In the development of its TME, Delray Beach shall establish
strategies to promote bicycles and pedestrian activities. [9J-5.0057(5)(c)5]
P_.Iz[i.o.y_E_-.-.-~ In the development of its TME, Delray Beach in cooperation with
Palm Beach County shall establish strategies to achieve or maintain clean air
quality, promote energy conservation and efficiency, and reduce the number of
vehicle trips typically expected to be generated by new development or
redevelopment. [9J-5.0057(5)(c)6]
P_.O. JJ.O.Y__~[~3.,~ In the development of its TME, Delray Beach shall establish
Transportation Demand Management (TDM) programs to modify peak hour
travel demand and reduce the number of vehicle miles traveled per capita within
the City, County and region. [9J-5.0057(5)(c)7]
Policy E-3.7: In the development of its TME, Delray Beach shall establish
Transportation System Management (TSM) strategies as appropriate to improve
system efficiency and enhance safety. [9J-5.0057(5)(c)8]
Ob_iective E-4:
Within the time frame prescribed by Objective E-l, Delray Beach shall coordinate
the transportation network with the future land uses shown on the future land use
map in order to direct intensive development to the TCMA and ensure that
existing and proposed densities, housing and employment patterns, and land
use relationships and intensities within the TCMA will support the transportation
modes and services proposed to serve the TCMA. [9J-5.0057(5)(b)2]
Policy E-4.1; Delray Beach shall establish site and building design standards
for development around fixed rail transit stops in order to assure the accessibility
of new development within TCMA's to fixed rail transit vehicles. [9J-
5.0057(5)(c)10]
~ Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
number of pedestrians and bicyclists. [9J-5.0057(5)(c)11]
Ob_iective E-5
Within the time frame prescribed by Objective E-l, Delray Beach shall coordinate
the transportation network with the plans and programs of any applicable Palm
Beach County Metropolitan Planning Organization, County, County Public
Transit Authority, Florida Department of Transportation's (FDOT's) Adopted Work
Program, affected local governments, affected redevelopment agencies, and
affected special districts with transportation powers. [9J-5.0057(5)(b)3]
Page 4
~ Delray Beach shall continue its application and enforcement of
Traffic Element policy A-2.2 requiring acquisition, preservation, or protection of
existing or future transportation rights-of-way and corridors designated in Table
T-4 of this Element. [9J-5.0057(5)(c)4]
P_.izU.g..~ Delray Beach shall coordinate roadway and transit service
improvements with the future needs of seaports, airports, and other related
public transportation facilities. [9J-5.0057(5)(c)9]
~ Delray Beach shall establish strategies, agreements and other
mechanisms with County, regional and state agencies that demonstrate the area
wide coordination necessary to implement the transportation, land use, parking
and other provisions of the transportation mobility element. [9J-5.0057(5)(c)12]
~ Delray Beach shall provide for the coordination between the
transportation mobility element's goals, objectives and policies and the capital
improvements identified in Rule 9J-5.016, F.A.C. the TME shall also be
coordinated with the Capital Improvements Element of this Plan. [9J-
5.0057(5)(c)13]
Policy E-5.5: Delray Beach shall establish strategies to encourage local traffic
to use alternatives to the Florida Intrastate Highway System to protect its
interregional and intrastate functions. This policy shall be considered partially
satisfied by the creation of the Downtown TCMA. [9J-5.0057(5)(c)14]
Within the time frame prescribed by Objective E-l, Delray Beach, in coordination
with designated transit and paratransit providers, shall address the provision of
efficient mass transit and paratransit services based upon existing and proposed
major trip generators and attractors, safe and convenient mass transit terminals,
and accommodation of the special needs of the service population and
transportation disadvantaged. [9J-5.0057(5)(b)4]
Policy E-6.1: Delray Beach shall establish level of service standards at peak
hour for transit facilities within the City after consultation with the Florida
Department of Transportation, and the transit and paratransit providers. [9J-
5.0057(5)(c)1]
P_.{;~{~y~.~,Z[ Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
and numbers of pedestrians and bicyclists. [9J-5.0057(5)(c)11]
Page 5
Change: DELETION
COMMENT: The goal area is deleted in response to provisions of a Stipulated
Settlement Agreement between the City and DCA.
Page
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: A~NDA ITEM ~ /~ ~- MEETING OF AUGUST 15. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 47-95
(COMPREHENSIVE PLAN AMENDMENT 92-3)
DATE: AUGUST 10, 1995
This is second reading and public hearing for Ordinance No. 47-95
which adopts Comprehensive Plan Compliance Agreement Amendment 92-3
as a remedial amendment to the Comprehensive Plan in accordance
with the provisions of the Stipulated Settlement Agreement between
the City and the Florida Department of Community Affairs.
The Compliance Agreement Amendment deletes Traffic Element Goal
Area "E", including all of the objectives and policies under the
goal area. New legislation, under which staff is establishing the
Transportation Concurrency Exception Area (TCEA) for the downtown,
has made this goal area irrelevant. The TCEA will be included with
Comprehensive Plan Amendment 95-2.
At first reading on August 8, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 47-95 on second and final
reading.
ref:agmemo5
CITY COMMISSION DOCUMENTATION
TO: ~~AGER. ~G
FROM: ~ DIA'NE'DOMINGI~,~EZ, DIR AND ZONING
SUBJECT: MEETING OF AUGUST 1, 1995
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 92-3
FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of holding the required
public hearing and adopting Comprehensive Plan Amendment 92-3.
BACKGROUND:
Adopted Comprehensive Plan Amendment 92-2 was found not to be in
compliance with State statutes and rules by the Florida Department of
Community Affairs (DCA). As a result of negotiations with the DCA, a stipulated
settlement agreement was reached describing the changes required to Plan
Amendment 92-2 to bring the Comprehensive Plan into compliance with State
statutes and rules. The agreement was approved by the City Commission on
June 6, 1995 and has been executed by all parties.
Under the provisions of the agreement, the City will adopt a remedial
amendment to its Comprehensive Plan. The Compliance Agreement
Amendment, as specified in the agreement, deletes Traffic Element Goal Area
"E", including all of the Objectives and Policies under the goal area. This goal
area described the designation of a interim Transportation Concurrency
Management Area (TCMA) for the downtown. A number of implementing
objectives and policies were included to control and monitor downtown
development and traffic level of service until a Transportation Mobility Element
(TME) could be completed. New legislation, under which staff is establishing the
Transportation Concurrency Exception Area (TCEA) for the downtown has made
this goal area irrelevant. The TCEA will be included with Comprehensive Plan
Amendment 95-2. This amendment (92~3), is not subject to the twice yearly
limitation for amendments.
RECOMMENDED ACTION:
By motion, adopt Comprehensive Plan Amendment 92-3 on first reading, with
appropriate public hearing scheduled for August 15, 1995.
Attachments:
* Draft ordinance, with exhibit
* Stipulated settlement agreement with DCA
ITY
Pursuant to Section 163.3184 (16), Florida Statutes, the City Commission of the
City of Delray Beach, Florida, will consider adopting Compliance Agreement
Amendment 92-3 to the City's Comprehensive Plan. Comprehensive Plan
Compliance Agreement Amendment 92-3 consists of a text amendment which
addresses the following subject matter:
Deletion of Traffic Element Goal Area "E", including all objectives and
policies in the goal area, as provided in the Stipulated Settlement
Agreement with Florida Department of Community Affairs. The goal
area refers to the designation of an Interim Transportation
Concurrency Manag. ement Area.
The City Commission will conduct a Public Hearing on Comprehensive Plan
Compliance Agreement Amendment 92-3 on TUESDAY. AUGUST 15. 1~15, AT
7:00 P.M. (or at any continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. At this meeting the City Commission will accept public tes-
timony and will consider the adoption of Comprehensive Plan Compliance
Agreement Amendment 92-3.
All interested citizens are invited to attend the public hearing and comment upon
proposed Comprehensive Plan C6mpliance Agreement 92-3 or submit their com-
ments in writing on or before the date of this hearing to the Planning'and Zoning
Department. Copies of the Compliance Agreement Amendment to the
Comprehensive Plan are available for review at the Delray Beach Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER
CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD
OF THESE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE
SUCH RECORD. PURSUANT TO ES. 286.0105. i
CITY OF DELF~Y BEACH
Alison MacGre~r Harty
City Clerk
Publish: August 10, 1995
The News
Boca Raton / Delray Beach
Ad #714148
NQTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3
CITY QF DELRA¥ BEACH. FLORIDA
Pursuant to Section 163.3184(16), F1Qri~ Statutes, the City
Commission of the City of Delray Beach, Florida, will consider
adopting Compliance Agreement Amendment 92-3 to the City's
Comprehensive Plan. Comprehensive Plan Compliance Agreement Amendment
92-3 consists of a text amendment which addresses the following
subject matter:
Deletion of Traffic Element Goal Area "E", including all
objectives and policies in the goal area, as provided in the
Stipulated Settlement Agreement with Florida Department of
Community Affairs. The goal area refers to the designation
of an Interim Transportation Concurrency Management Area.
The City Commission will conduct a Public Hearing on Comprehensive
Plan Compliance Agreement Amendment 92-3 on TUESDA¥o AUGUST 15. 1995.
AT 7:00 P.M. (or at any continuation of such meeting which is set by
the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. At this meeting the City Commission
will accept public testimony and will consider the adoption of
Comprehensive Plan Compliance Agreement Amendment 92-3.
All interested citizens are invited to attend the public hearing and
comment upon proposed Comprehensive Plan Compliance Agreement
Amendment 92-3 or submit their comments in writing on or before the
date of this hearing to the Planning and Z~ning Department. Copies of
the Compliance Agreement Amendment to the Comprehensive Plan are
available for review at the Delray Beach Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS AND MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
August 10, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This notice must be at least a one-quarter
(1/4) page ad, with the headline (NOTICE OF PUBLIC HEARING /
COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3 / CITY OF
DELRAY BEACH, FLORIDA) to be in a type no smaller than 18 point. The
ad is not to be placed in the legal/classified section. Thank you.
ref:COMPAGMT
MEMORANDUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FR: JASMIN ,~N, PLANNER ~-~ %
PREPARATION OF ADVERTISEMENT RE ~1 iMPLIANCE
RE:
AGREEMENT PLAN AMENDMENT #92-3
DATE: JULY 26, 1995 ~C~
This item has been scheduled for the August 15, 1995, City . n meeting
for adoption. Please prepare the required advertisement for this item:
Subject Matter: .~/
The text amendments address the following subj t matter:
Deletion of Traffic Element Goal Area "E", including all objectives and policies in
the goal area, as provided in the Stipulated Settlement Agreement with Florida
Department of Community Affairs. The goal area refers to the designation of an
Interim Transportation Concurrency Management Area.
I have attached a copy of DCA Rules 9J-11.0131 regarding the requirements for
such advertisements.
Thanks
u\alaug15 ~01,~~'(~l't'l''' . 70~
COMPREtlENSIVE PLANS & A~IENI)~IENTS
' xx~thin 30 dabs after receipt oflhe recommended order by inle~enor stores.
the Agen~ Clerk if the Department determines that the (7) For those compliance agreemcms thru are rclalcd
If the Dcpam to a Section 120 57 F S. procccding, thc Dcpamncnt
plall
or
plall
alncndlllell[
is
in
compliance.
mcntdctcrminesthatthcplanorpl~amcndmcntisnolin shall file a cop) of thc executed compli;mcc agreement
compliance, the Department s~l submit, ~xiflfin 30 ~>s with the Dixision of Administrative Hearings. within
after receipt, the recommended order to the Administm- ~)s of executmn, and an) administratixe proceeding
tiot~Commission for final agcnQ' action, under Section 120 57. F,S.. shall be sta>cd.
-' Specific ..Xulho~ty 120.53( 1 ~b}. 163.3177(9) FS $p~ .4~hor~' ? 63 3; ~J)~b)
Lu~' Implemented 163.3 [ 77(9). 163.3184(8). (91, (lO) F5. ~l~m~ed 163 378~f761
lli~to~ --New9-22-87,.-~cnded 10-11-88.11-10-9j. iloto~ ~ New 11-10. 93 Dtle ~4C 'IJ. I I.UI J I Local Governmcm
Libm~ References: BO'~L ~al Gov~t Core.chemise PI~ ~doptton o]-Co~rehe~l~ FAC Boo~: [~lume 4 · ~ortda Admtm~.
and fire Adminis~alive Procedure A~ 62 Fire ~ J. 41 (~t~ 198g) Irotlsw CoJe 1~4t'JF,4 C
9J-11.013 Negotiation of Compliance Agreement
and Submittal to the Depa~men[ ~m-
(1) WhcntheDcpamnenth~issuedaNoti~oflntent P~
to find a local government comprchc~ive plan or plan
ance agreement [ amendment(s) are
amendment not in compliance, or when thc Dcp~ent cxcmpt from ~e [cqui~cmcnm of subsections 9J-I 1.0~6
finds a plan or plan am¢ndmcnt in compliance, at thc
initiationofahcaringbyaffcctcd~rsonsundcrsubscction Iluough 9J-! 1.010. F.A.C.
163.3184(9), F.S.. thc local govcrnmcm, thc Dcpamncm. {2} Thc I~al go~ cmmcnt shall hold a single adoption
~ectcd persons, and all p~cs grated intc~'cnor smt~ public be,rang pursuant Io thc following rcquitcmcms:
under Section 120.57, F.S.. may cmcr into ~'olun~' ~a} Thc public h~ng shall be held on a ~cckday
compliance negotiations to cntcr into a compliancc agree- approximatcly 5 da) s ~tcr the public hcafing advcnisc-
incnI.
merit. ~) ~e public hmng advertisement sh~i state ~e
(2) All parties in paragraph (1) sh~l ~ p[ovided ~te, fime. placeofeemeefing,~esubjectof~emecfing,
notice of the commencement of a compli~ce agr~ment
negotiation and a re~onable op~uniD' to p~cipate in ~d ~e pla~ or places aS~n ~c ~undafics of ~e I~
government ~hc[e the compliance agreement plan
such negotiation process, The negotiation meetings ~i~ ~endment(s) may~ in, ted by the public. The advcr-
local governments or inten'enors shall ~ o~n to ~e ti~mcnt s~l ~so advise that interested panics may
public. The pu~ose of such negotia~ns is to pr~uce a
volunta~ agreement which complies with sub~Oon ap~ at the mecang to ~ h~d reg~ding the adoption
[63.3184([6)(a), F.S., resolving issues rai~d in ~e De- of the compli~c¢ agreement plan amendment.
pa~ment's Statement of Intent or subs~fion 120.57. ,~(C) ~e public hmng advertisement shall ~ pub-
lished in a nex~spa~r of general circulation in the local
F.S..proc~dings. Thecomplianceagrccmentsh~ls~i~ govcmmcntju[isdicfion.;
rcmcdial actions which thc l~al government must com-
plcte within a specified time in order to bring ~e pl~ or
plan amendtnent into compli~ce, inclu~ng adoption of (3) Wiflfin 10~o[king~ys~tcrUmlocal government
h~ adopt~ ~ecompli~ce agreement pl~ amendment(s).
all necess~ plan amcndmenu, the 1~ government shall submit to thc Depanmcnt a
(3) The local government sh~l hold a public hmng complete mmpliance agm¢mcnt pl~endm~nt(s)pack-
for the consideration ~d execution of ~e compli~m
age consi~ng of: a mmit~ cover letter signed by the
agreement. The public hearing s~l ~ adv¢~ at 1~ chief eicct~ official in~fing compliance with 9J-
10 days prior in a newspa~r of g~ner~ circulation in ~e
11.0131 {2)(a), (b) and (c). F.A.C., the ordinance(s) adopt-
area in accor~ce wi~ ~e adveffi~ment requiremenmin lng ~e compli~ce agreement plan mendment(s) and
subsection 163,3184(15), F.S, five copies of the compliance agreement-plan
(4) Within 10 ~ys of execution, the I~ government amendment(s). This matchal shall be scnt directly to the
shallsubmitfivecopiesof~ecompli~ceagr~mentto~e ~ohda Department of Community ~airs. Bureau of
Department, Thc compliance agreement shall ~ sent
L~ Planning. Plan P[~cssing Team, 2740 Ccntc~'icw
directly to the Department of Community ~airs. Office
Dhve. R~m 252. Tallah~see. Florida 32399-2100. Th~
of the Gencr~ Counsel. 2740 Canton'Jew Dtve. T~I~-
I~1 gov,mmem sh~! ~so mbmii one copy of thc
sec, Florida 32399-2100. compliance agreement plan amendment(s) to thc appro~
/' (5) TheDep~mentslmllro, icw~ecompli~agr~- pilate Region~ Pl~ning Councils, local governments
ment and the Secreta~ or ~e Secremo"s design~ may ~dmten-enon~indim~inSubs~fion 163.3 184(16Xd),
execute the compliance agreement for the Dep~ment. F.S.
(6) Within l0 days of execution by the Depmmenk sv,~.4mo~O' ~:o~s(~bj. ~6s. si
mo copies ofthe compliance agreement sh~l ~ ~led to 16J. JlS~tlIl~h ~161 ,~.
the local government for its records, Copies of the compli- Law Imrtememea 16Y YI
alice agreemC~lt shall also be sent to any p:tNy granted II~tvo.-.ve~
Effecl~ve I 1/10/93 1 4
CO~%IPREtlEN'SIVE PLANS & AMENDMENTS
,. ' 9J-ll.0132 Depa~ment Review of Adopted L~a] ~pec~or~'J~O~lJ~l. ]6J.3l~t~l. 163.318~[16j~.
' Government Comprehensive Plan Compliance Agre~ ~i~ed Jd~ .~]~e~(16J~). ~. 165.~1841161 ~.
Issuance of the Notice of Intent Ilhtog,- .Ve~.
and ~IJ~c~lJo~ Io Ih~ DJ~JsJo~ o[Admi~i~r~li~ ¢ lt¢~ r-
(1) Upon receipt of~e adopted compli~ce agr~ment ~wI~edI633I''~t. 163.318*I2L~6L~L~I*l.
plan amendment(s) pac~ge, ~e Dep~nt s~l ~nd a ~o~.~ta-rn.~o~ ~Jgt ~.
letter to the chief elected o~ci~ ac~o~vledging r~ipt or ii~to~. -- .¥~. 9.22.8'. ~e~aled
requesting any missing d~umen~fioa.
(2) Upon receipt of all of~e required d~umen~uon 9J-I 1,015 Submillal Requirements for Small Scale
pursuant 9J-I 1.0131(1) through (3), F.A.C., the Depart- Development AmenflmentsAdopted for Expediter Re-
merit shall review the compliance agreement plan
~endment(s) submitted in accor~nce wi~ S~tion (1) The chicfcl~l~ o~ci~ or designee shall sign a
163.3184(8)(a) and ~), F.S., ~d ~thin 45 ~ys isle a loller tr~smiuing adopted sm~l ~e developmenl(s)
cumulative Notice of lment addressing ~th the compli- ~endment to ~e Dep~enL The ua~mil~ letter
ance agreement amendment and the plan or plan ~end- s~l in~ie fl~t ~e I~ government submi~ this
merit in accordance wi~ Section 163.3 184(16)~e). F.S. adopted s~l ~e development ~endment in accor-
(3) If the Depaament issu~ a cumulative notice of ~nce ~i~ Chaplet 163.3187(1)(c)4., F.S, The Ioc~
in~ent to find the remedial ~endment and ohgi~ plan govcmmenl ua~snfil~ Ickier ~511 sta~e O~e cure,alive
or plan amendment in compli~ce, it s~l ronsard ~c Io~ numar ofactes for s~l s~e developmenl amend-
notice to the Division of Adminis~afive H~ng5 and ~e
men~ for ~e ~cn~ )'~ ~t ~e I~ govermnent h~
hearing o~cer for filing in ~e ~nding noncompliance approved.~el~govemments~lencloseacopyofthe
case. There~ter. any pr~eedings relating to ~o~ of or~(s)adop~ng~es~l~e~evelopmentamend-
the plan that were ~ter~ by ~e rem~i~ ~en~en~
men~ ~t ~ ~n sign~ by ~e chief elected o~ci~.
shall not address the ~o~ ~ ~ey e.~ed prior to ~e (2) ~e 1~ government sh~l sabot to the Dep~-
amendment ~d sh~l ad~s ~o~ ~o~ only ~ ~ ment five ~pie5 of ihe adopted s~l sc~e development
exist ~ter the amendment. Funhe~ore, ff ~e Dep~- pl~ ~endmen~(s) in a ~e ~ougN~derline focal
men~ issues a cumulative notice of intent to find any identff)Sng ~e new te~ ~t h~ been adopted. The
remedi~ amendment and ofigi~l plan or pl~ ~end- adoption ore--ce n~r(s), eff~five ~le and small
ment included in ~e cure,afire notice of intent in mm- ~e flevelopmen~ ~ ~endment(s) numar sh~l be
pliance, for p~oses of the ~nding ad~sl~five h~- indicated on ~ch page.
lng the pl~ or pl~ ~endment at i~ue sh~l ~ in {3) ~el~govemment~411~provide~eDep~-
compliance ~ ~e 1~ government's dereliction of
merit (5) five copies of the Furore L~d Use Map(s)
compliance is fairly debatable, depicting ~e follox~ng i~o~afion:
(4) lfthecum~afiveNoOceoflntentisnotincompli- (a) ~e adopt~ desig~ted gener~ized future land
ance, theDivisionshallfonv~d~eNoficeoflntentto~e ~(s), O~e ~un~es ~d ~e I~fion of the subject
Division of Administrative H~ngs. ~e Di~Ssion of
pro~' in relauon Io ~e s~ounding street and thor-
Administrative He~ings sh~l con, Ii,re ~e priding oug~ate nelx~
with the related Section 120.57, F.S., ~n~ng pr~ng (b) The ptesen~ land use designations of fl~e subjecl
and immediately schedule a ~te for the co~li~t~ pro~' ~d abutting proxies on ~z future land ~e
hearing. ~p s~! ~ shox~n on a ~p;
(5) ~ected persons may c~lenge ~e compli~ (4) Thesizeofthesubj~tpro~yinacresorfractio~
determination by filing a ~fifion purer Io 5ub~fion ~eteof;
163.3184(9) or (10), F.S. (5) A 6e~fption of~eav~labili~ of~d the de,nd
Spec~A~or~ 120.53(1)~J. 163.3177~). 163.3184[IJibJK~
on ~e follo~Sng public facilities: ~i~ sewer, solid
Law Imprinted 163.3184(16J(e]. ~ ~.
II~'tory--Ne~ll.l~93. ~te. dr~nage. ~lable water. U~c circulation and
9J-II.0133 Action ifa ~cal Gove~ment Does Not (6) l~o~afion tcg~ding ~e compafibili~ of the
Adopt a Comprehensive Plan Compliance Agreement adopted I~d ~e amendmen~ wi~ ~e l~d use element
Plan Amendment. obj~fi~es ~d ~licies, ~d ~o~ of o~er ~ected
(1) Ifa loc~ government d~s not adopted ~t men~:
~o ~e Dep~ent a comprehe~ive pl~ ~en~ent by (7) S~, I~ pl~ng agen~ ~d ~e !~ govem-
theduedateesmblishedin~ecompli~ceagr~menL~e ing body tecommcndatio~ and a copy of support
~ Depamnent stol no~y ~e Division of A~s~a~ve d~ncnt(5) or summits of ~ch super d~umcnts
Hearings, wi~in30~ys.~eDi~SsionofAdmi~s~five ~Mch ~e r~o~en~fio~ reg~ng ~e s~l sc~e
Hearings sh~l set the heating in ~e ~nding s~tion 120, development plan amendmenl(s) ~e based;
F.S., proceeding at thc earliest convenient dine. (fl) A general description of the location and