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Ord 27-99 ORDINANCE NO. 27-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, 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 ~' ENTITLED "COMPREHENSIVE 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, inclusive, 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, Florida Statute Section 163.3177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas; and WHEREAS, Florida Statute Section 163.3177(6) (a) requires local governments to include school siting location criteria in the Future Land Use Element of their Comprehensive Plans; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 19, 1999, with respect to proposed Comprehensive Plan amendments addressing the siting of public school facilities and policies regarding intergovernmental coordination; and WHEREAS, the Planning and Zoning Board voted unanimously to recommend to the City Commission that the proposed Comprehensive Plan amendments be transmitted; and WHEREAS, following due public notice, the first of two required public hearings on the proposed Comprehensive Plan amendments was held by the City Commission on August 3, 1999, at which time the Comprehensive Plan Amendment was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, following review and approval by the Department of Community Affairs, the second of two required public hearings on the proposed Comprehensive Plan Amendment was held by the City Commission, following due public notice, on October 5, 1999. 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". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the Comprehensive Plan Amendment as set forth in the attached Exhibit "A" to this ordinance, and that the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to said Comprehensive Plan Amendment. Section 3. That should any section or provision of this ordinance or any portions 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 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendments 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 amendments to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of ~ October, , 1999. First Reading August 3, 1999 (Transmittal Hearing) Second Reading October 5, 1999 (Adoption Hearing) EXHIBIT WAW to ORDINANCE NO. 27-99 GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies, which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection, which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policy A-1.7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of govemment upon its receipt by the City of Delray Beach. Page I of 3 Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. iPolicy A-1.9 The'City shall COOrdinate with Palm Beach County to designate those .unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those :areas shall be subject to the policies included within Future Land Use Element Objective B-3. ~This coordination shall be accomplished through the execution of an intedocal agreement with Palm Beach County within one year from the date of adoption of this policy. ~Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of inter*jurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School Distdct policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". Exhibit "A" to Ordinance No. 27-99 Page 2 of 3 FUTURE LAND USE ELEMENT--Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, and to schedule individual facility needs in an orderly and timely manner that is responsive to meeting the other objectives of this goal area. Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall support existing and proposed legislation preventing public and private agencies from changing governmental agency's impact fees and capacity changes. Policy D-3.4 The City shall work with the School Board toward constructing and placing into operation: a new elementary school in the southeast portion of the City, a new middle school in or adjacent to the City, and a new high school in or adjacent to the City, pursuant to the "Sharing for Excellence in Schools 1994" plan. Policy D-3.5 Public educational facilities of the school district of Palm Beach County shall be consistent with all land use categories except Conservation. Policy D-3.6 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. Policy D-3.7 The City Shall' encourage the SchOOl B°ard to select elementary and :middle schoOl locations that are within a reasonable walking distance from ~eighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely: accessible to pedestrians, bicyCles, school ~usses, mass transit, and cars, Whenever possible, access to the site should be from a ~ollector road (City collector :or ;local ;road for elementary schools), as oppoSed to an ~artedal road. ~ : ~olicy D-3.8 The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with pUblic educational faCilities of the school district of Palm Beach County to the greatest extent possible. Exhibit "A" to Ordinance No. 27-99 Page 3 of 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER :?4J1 SUBJECT: AGENDA ITEM #/O~-REGULAR MEETING OF OCTOBER 5, 1999 ORDINANCE NO. 27-99 (ADOPTION OF COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING THE SITING OF PUBLIC SCHOOL FACILITIES DATE: OCTOBER 1, 1999 This is the second reading and a public hearing for Ordinance No. 27-99 which address state requirements regarding the siting of public school facilities and policies regarding intergovernmental coordination. Florida Statute Section 163.177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas. The stature change also allows for the implementation of a voluntary dispute resolution p~ocess for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thirty-two of its municipalities, and the School Board. The agreement coordinates multi-jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi-Jurisdictional Issues Coordination Forum. Section 163.3177(6) (a), requires local governments to include school siting location criteria in the Future Land Use Elements of their Comprehensive Plans. The policies are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. The Planning and Zoning Board considered the amendments at their meeting of July 19, 1999. There was no discussion by the public and the Board unanimously recommended approval on a 5-0 vote. On first reading of the ordinance and the transmittal hearing on August 3, 1999, the City Commission voted 5-0 to approve Ordinance 27-99 and to transmit to the Department of Community Affairs for required review. Recommend approval of Ordinance No. 24-99 on second and final reading. Re f: compplan ~~ ~'-"0 NOTICE OF PUBLICHEARING NOTICE OF COMPREHENS PLAN CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delr~y Beach proposes to adopt the following ordinance: ORDINANCE NO;27-99 AN ORDINANCE OF THE crrY COM~SSI~3N OF. THE crrY oF DELRA¥ BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT TO THE. PRovISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE'i~LANNING 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 A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY. OCTOBER 5: 1999~ 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 the Comprehensive Plan Amendment. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: 1. Changes related to State requirements regarding the siting of public school facilities. 2. Changes to address State requirements regarding intergovern- mental coordination. All interested citizens are invited to attend the public hearings and comment upon the Comprehensive Plan Amendment or submit comments in writing on or before the date of this heating to the Planning and Zoning Department. Copies of the proposed amendment to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), 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 MATIZR CONSIDERED AT THIS HEARING, SUCH PERSON WILL 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. PUBLISH: The Boca Raton News CITY OF DELRAY BEACH September 29,1999 Alison MacGregor Harry Ad # 784658 City Clerk NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach proposes to adopt the following ordinance: ORDINANCE NO. 27-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, 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 A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY~ OCTOBER 5, 1999~ 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 the Comprehensive Plan Amendment. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: 1. Changes related to State requirements regarding the siting of public school facilities. 2. Changes to address State requirements regarding intergovernmental coordination. Ail interested citizens are invited to attend the public hearing and comment upon the Comprehensive Plan Amendment or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendment to the Comprehensive Plan are available 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 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: The News CITY OF DELRAY BEACH September 29, 1999 Alison MacGregor Harty City Clerk Instructions to Newspaper: Per Florida Statutes, the minimum size of this ad must be no less than 2 columns wide by 10 inches long. The headline (NOTICE OF PUBLIC HEARING / NOTICE OF COMPREHENSIVE PLAN CHANGE / CITY OF DELRAY BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad is not to be placed in the legal/classified section of the newspaper. Thank you. ref:COMPADV2 TO: DAVID T. HARDEN, CITY MANAGER ~('~ ~, ill , FROM: PAUL DORLING, P~NCIPAL PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 ORDINANCE NUMBER 27-99 - FIRST READING AND T~NSMI~AL OF COMPREHENSIVE PLAN AMENDMENTS ADDRESSING THE SITING OF PUBLIC SCHOOL FACILITIES AND POLICIES REGARDING INTERGOVERNMENTAL COORDINATION. In 1997 and 1998 the Florida Legislature amended Section 163.3177 (h), and Section 163.3177 (6)(a), Florida Statutes requiring municipalities to modi~ their Intergovernmental Coordination and Futura Land Use Elements of their Comprehensive Plans. Florida Statute Section 163.3177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas. The statute change also allows for the implementation of a volunta~ dispute resolution process for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thi~y-~o of its municipalities, and the School Board. The agreement coordinates multi-jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi- Jurisdictional Issues Coordination Forum. For a full discussion of the policy changes refer to the attached P&Z staff repod. Section 163.3177 (6)(a), requires local governments to include school siting location criteria in the Future Land Use Elements of the their Comprehensive Plans. The policies are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. For a full discussion of the policy changes refer to the attached staff mpo~. The Planning and Zoning Board considered the amendments at their meeting of July 19, 1999. There was no discussion by the public and the Board unanimously recommended approval on a 5-0 vote. By motion, approve on fimt reading and transmit to the Florida Depadment of Community Affairs the Comprehensive Plan Amendments contained in the attached staff repo~s. Adv/comp/school&jiont planning /,0~ J~O /o .D. MEETING DATE: JULY 19, 1999 AGENDA ITEM: VI. D. AMENDMENT TO THE COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING INTERGOVERNMENTAL COORDINATION : ITEM BEFORE THE BOARD : The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Intergovernmental Coordination Element of the Comprehensive Plan. The new policies relate to requirements for establishing joint planning areas with Palm Beach County for unincorporated areas within the City's Planning Area, and the utilization of the Palm Beach Countywide Intergovernmental Coordination process for collaborative planning on matters of interjurisdictional significance. In 1997 the Florida Legislature amended Section 163.3177 (h), Florida Statutes, to require local governments to include within their Intergovernmental Coordination Elements policies that relate to the establishment of joint planning areas and collaborative planning. The statute change also allows for the implementation of a voluntary dispute resolution process for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thirty-two of its municipalities, and the School Board. The agreement coordinates multi- jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi-Jurisdictional Issues Coordination Forum. Upon passage of these statutory changes a sub-committee of IPARC was formed to develop a strategy for addressing the requirements collectively rather than individually. The individual policies which are proposed to address joint planning areas and collaborative planning for matters of interjuridictional as part of this amendment have been developed by this subcommittee and have already been given conceptual approval by the State Department of Community Affairs. If adopted, these policies will meet the statutory requirements assuming the additional school concurrency policies currently being developed are later adopted. If not, additional policies related to schools will need to be incorporated. All local governments are required to address the changes by December 31, 1999. This amendment is exempt from the limitation on the frequency of plan amendments (twice a year) contained in F.S. 163.3187(1). CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page 2 I AN^,¥s s I Pursuant to FS 183.3177(h) the City's Intergovernmental Coordination Element of the Comprehensive Plan: A. Shall provide for procedures to identify and implement Joint Planning areas, especially for the purposes of annexation, municipal incorporation, and joint infrastructure service areas. B. Shall provide for recognition of campus master plans. C. May provide for a voluntary dispute resolution process established pursuant to FS 188.509 for bringing to closure in timely manner intergovernmental disputes. A local government may develop and use an alternative local dispute resolution process for this purpose. D. Shall state principals and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of local government providing facilities and services but not having regulatory authority over the use of land. The element shall describe joint processes for collaborative planning and decision making on matters of interjuridictional significance such as population projections and the siting of public school facilities, the location and extension of public facilities subject to concurrency, and the siting of facilities with countywide significance, including locally unwanted land uses. Further, within one year of adopting these policies, each county, all the municipalities within the county, the school board, and any unit of local government service providers in that county shall establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above. The likely process for complying with these requirements in Palm Beach County is an amendment to the current agreement for the Intergovernmental Coordination Program. The four requirements described above, and recommended changes if any, are discussed below. Item A -- Procedures to Identify and Implement Joint Planning Areas The City's official "Planning Area" as described in the Comprehensive Plan includes land that is currently under the jurisdiction of Palm Beach County, but is designated in the City Charter for eventual annexation into the municipal boundaries. Any development or redevelopment of these properties which involves the provision of City water requires either: 1) annexation of the property into the City (if eligible according to state statutes) or, if ineligible for immediate annexation, 2) execution of a Water Service Agreement with the City, which requires joint review by the City and County of any site and development plan, and annexation into the City when eligible. The Future Land Use Element (FLUE) of the Comprehensive Plan contains numerous policies related to the eventual annexation of these areas, including direction to coordinate with Palm Beach County for service provision and land use designation. Thus, while these areas are not specifically called "Joint Planning Areas" they function as such. Appendix '%" includes the current FLUE objective and policies regarding these areas. CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page 3 In order to fully comply with the statutory changes, the following new policy is recommended for inclusion in the Intergovernmental Coordination Element (ICE): Policy A-1.9 The City shall coordinate with Palm Beach County to desiqnate those unincorporated areas within the City's official Planninq Area as "Joint Planninq Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished throuqh the execution of an interlocal aqreement with Palm Beach County within one year from the date of adoption of this policy. Item B - Recoqnition of Campus Master Plans This requirement does not apply to Delray Beach, as no university campuses are located within the City limits. Item C - Provision of a Voluntary Dispute Resolution Policy This item is currently addressed in the Comprehensive Plan via the following existing policies: Intergovernmental Coordination Element Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi- Jurisdictional Issues Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Intergovernmental Coordination Element Policy A-2.1 During review of any plan amendment which involves changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this plan. The letter shall ask for concurrence with the proposed standard. Intergovernmental Coordination Element Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to DCA shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi- Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Item D - Coordination of Comprehensive Plan With School Board Plans and Plans of Other Local Governments; and Joint Planninq for Facilities With Countywide Si.qnificance~ Including Locally Unwanted Land Uses. The City's current Intergovernmental Coordination Element contains numerous policies detailing the process by which the City's plan is coordinated with the plans of other local governments and service providers, including the school district. Amendments to the plan are processed through the Interlocal Plan Amendment Review Committee, through CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page 4 which other local governments and service providers are notified of the changes and given an opportunity to comment. These existing policies are attached in Appendix "B". More specific processes for the joint planning and decision making regarding population and public school siting will be covered later this year through the adoption of amendments relating to school concurrency. The remaining requirements of this section are to be addressed with the adoption of the following policy: Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a reqular formal forum in which to deal with issues unique to Palm Beach County and its municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional siqnificance includinq, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. With the adoption of Policy A-1.9, Policy A-1.10 and adoption of additional policies relating to school concurrency later this year, compliance with F.S. 163.3177 (h) should be achieved. By motion, recommend to the City Commission approval of the amendments to the Intergovernmental Coordination Element of the Comprehensive Plan to add Policies A- 1.9 and A-1.10 as described herein, regarding joint planning areas and utilization of the Intergovernmental Coordination Program for collaborative planning on matters of interjurisdictional significance. Attachments: · FLUE Policies Re Unicorporated Areas · ICE Policies Re Coordination w/Local Agencies Adv/comp/99-2ice APPENDIX "A" EXISTING FLUE POLICIES REGARDING THE UNINCORPORATED PORTIONS OF THE CITY'S PLANNING AREA Policy B-3.3 The City has petitioned Palm Beach County to make changes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM designations within the Delray Beach Planning area. Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundary. Policy B-3.4 For purposes of implementing Policy B-3.3, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. Policy B-3.5 The City shall, in FY 98/99, undertake the following program for the annexation of remaining eligible properties: Preparation of an "urban services annexation report" as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B. Southwest Corner of Linton Boulevard and Military Trail C. Barwick Road (just north of Atlantic Avenue) D. Atlantic Avenue & Military Trail, (less the portion of Country Club Acres west of Military Trail and High Point of Delray West) E. The North Military Trail Area, north of Lake Ida Road F. High Point Delray Area (north of Atlantic Avenue) G. Country Club Acres (west of Military Trail) (See Map #11 for a geographical description of the above referenced areas.) Working in concert with the Palm Beach County Planning Department, address the annexation of improved property, which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program. Recommend whether annexation should be pursued, and if so, the means by which annexation should occur. Accommodate individual voluntary annexations as the opportunities arise. Policy B-3.6 The City of Delray Beach hereby supports legislation at the State level, which allows for unilateral annexation by municipalities in designated urban areas. APPENDIX B EXISTING ICE POLICIES FOR THE COORDINATION OF PLANS WITH OTHER LOCAL GOVERNMENTS AND SERVICE PROVIDERS~ AND PROPOSED NEW POLICIES (SHADED) GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies, which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection, which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policy A-1.7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policy A-1.9 The City shall coordinate with Palm Beach County to desiqnate those unincorporated areas within the City's official Planninq Area as "Joint Planninq Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This cOordination shall be accomplished throuqh the execution of an interlocal agreement;with Palm Beach County within one year from the date of adoption of this policy. Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a reqular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planninq for matters of interiurisdictional~ siqnificance includinq, but not. limited to, the sitin,q of facilities with countywide siqnificance and locally unwanted land uses. Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2o2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". MEETING DATE: JULY 19, 1999 AGENDA ITEM: Vl.C AMENDMENT TO THE COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING THE SITING OF PUBLIC SCHOOL FACILITIES The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Future Land Use Element of the Comprehensive Plan. The amendment proposes the addition of new policies relating to the siting of new public schools, and the collocation of such schools with other public facilities such as parks, libraries and community centers. Last year the Florida Legislature amended Section 163.3177 (6)(a), Florida Statutes, to require local governments to include school siting location criteria in their comprehensive plans. The criteria are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. Local governments are required to revise their Future Land Use Elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use. This amendment is exempt from the limitation on the frequency of plan amendments (twice a year) contained in F.S. 163.3187(1). The legislation further states that any local government that fails to incorporate school location and collocation criteria by the October 1, 1999 deadline will be prohibited from amending their comprehensive plan as provided by F.S. 163.3178 (6). Pursuant to F.S. 163.3177 the City's Future Land Use Element of the Comprehensive Plan must include the following provisions: · Must clearly identify the land use categories in which public schools are an allowable use. The categories shall include sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different types and sizes. · Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. · The Future Land Use Element shall include criteria which encourages the location of schools proximate to urban residential areas to the extent possible and shall require CPA 99-2 - School Siting Page 2 that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools. These requirements, with the exception of the last item, are currently addressed in the existing Comprehensive Plan. Future Land Use Element Policy D-3.5 (Page FL-38) states "Public educational facilities of the school district of Palm Beach County shaft be consistent with all land use categories except Conservation". Given this policy 8,851 acres within the City are available for potential sites while 1,311 acres, having a Conservation FLUM designation, are unavailable. The inclusion of lands contiguous to existing school sites is met as the land use designations currently abutting existing school sites have FLUM designations which are deemed to allow schools per Policy D- 3.5. The amendment therefore need only address the requirement that the Future Land Use Element include criteria which encourages the location of schools proximate to urban residential areas, and to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible. Future Land Use Element Objective D-3 states in part that "The City shaft cooperate with the School Board to achieve placement of new schools inside of the County's urban services area..." The entire City can be considered an urban residential area for the purposes of complying with the statutory requirements, however, additional language can be included to specify certain Iocational criteria for school facilities. Regarding the collocation of school facilities with other public facilities such as parks and community centers, it has been the City's practice to encourage such collocation whenever possible (for example, Orchard View and Pine Grove elementary schools with adjacent City parks). In order to fully comply with the 1998 provisions for school siting, the addition of the following two policies to the Future Land Use Element are recommended: Policy D-3.? The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance of neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. Policy D-3.8 The City shall seek to collocate public facilities such as parks, libraries, and community centers, with public educational facilities of the school district of Palm Beach County to the greatest extent possible. By motion, recommend to the City Commission approval of the text amendment to the Future Land Use Element of the Comprehensive Plan to add Policies D-3.7 and D-3.8 regarding the siting of public school facilities as attached. Attachment:: Proposed Amendment S:\adv\comp\compschoolsiting CPA 99-2 - School Siting Page 3 PROPOSED AMENDMENT (shaded policies are new) FUTURE LAND USE ELEMENT -- Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, and to schedule individual facility needs in an orderly and timely manner that is responsive to meeting the other objectives of this goal area. Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall support existing and proposed legislation preventing public and private agencies from changing governmental agency's impact fees and capacity changes. Policy D-3.4 The City shall work with the School Board toward constructing and placing into operation: a new elementary school in the southeast portion of the City, a new middle school in or adjacent to the City, and a new high school in or adjacent to the City, pursuant to the "Sharing for Excellence in Schools 1994" plan. Policy D-3.5 Public educational facilities of the school district of Palm Beach County shall be consistent with all land use categories except Conservation. Policy D-3.6 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. NOTICE OF PUBLIC HFARING NOTICE OF · COMi~~SIVE HAN cHANGE -CITY OF Di~Y BEACH, FLORIDA l]~r'v'{~.l~ml~[~h'T ltBOULA~ ACI", HJ3itlDA STATUTES ~_.,C'I]ON 163.3161 'I'HR~ 1633243, ~ AS MORE PARTIC"'ULARLY AW~B~)~NT AND INGORPORAT~) HER~N BY l~ PROVIDING A SAVING ~ A ~~ ~ ~ ~n ~c CoonSkin Oaeub~ at Oiy Hal{, lO0 N.W. ~ Avo~ [k{my Beacb, MAT]'ER ~ AT THIS ~ SUK~ I~RSON MAY NM~ ~TUL-22-i999 ~8: ~i NOTICE OF PUBLIC I-IF~~G NOTICE OF COMP~SWE PLAN CHANGE CITY OF DELRAY BEACI~ FLOR~BA co~~s~ ~ e~ ~o ~itM of ~ C~he~ve P~ ~nt to ~78~71 TOTAL P. 02 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach will consider the following ordinance: Ordinance No. 27-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, 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 SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A Public Hearing on the ordinance will be held on Tuesday, August 3, 1999, 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. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: 1. Changes related to State requirements regarding the siting of public school facilities. 2. Changes to address State requirements regarding intergovernmental coordination. At this hearing the City Commission will accept public testimony and will consider the transmittal of the Comprehensive Plan amendment to the State of Florida, Department of Community Affairs, for intergovernmental review and comment. Upon completion of that review, an additional advertised public hearing will be scheduled at which the City Commission will consider adoption of the Comprehensive Plan Amendment. All interested parties are invited to attend the public hearing and comment upon the Comprehensive Plan amendment or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendments to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561-243-7040), 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 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. 2116.0105. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Published: Boca Raton News July 26, 1999 Instructions to the Newspaper: This notice must be at least two columns wide and 10 inches high with the headline [NOTICE OF PUBLIC HEARING/COMPREHENSIVE PLAN CHANGE/CITY OF DELRAY BEACH, FLORIDA] to be in a type no smaller than 18 point. This ad is not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you for your assistance. TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: fASMIN ALLEN, PLANNER RE: PREPARATION OF ORDINANCES FOR THE CITY COMMISSION MEETING OF AUGUST ,4', 1999 DATE: JULY 19, 1999 Please prepare the necessary ordinance for the August ~, 1999 City Commission meeting: ,._3 · Amendment to the Comprehensive Plan to address State Requirements regarding the siting of public school facilities and to address State requirements regarding intergovernmental coordination. The transmittal hearin~l is scheduled for August.4~. Please prepare the necessary advertisement. 3~--~ I