Res 19-92 RESOLUTION NO. 19-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT
OF COMMUNITY AFFAIRS TO FIND THE COUNTYWIDE FUTURE
LAND USE ELEMENT (CFLUE) TO BE "NOT IN
COMPLIANCE".
WHEREAS, the Palm Beach County Board of County
Commissioners (County Commission) has adopted a Countywide Future
Land Use Element (CFLUE) as an optional element to the County
Comprehensive Plan; and,
WHEREAS, said adoption occurred on December 16, 1991,
and said CFLUE is now in review by the State Department of
Community Affairs (DCA) for a "determination of compliance"; and,
WHEREAS, subsequent to the date of preparation of the
CFLUE and its transmittal to DCA, there have been significant
changes to the background data, the basis for authority, and the
manner of implementation of the CFLUE; with such changes
including, but not limited to:
1. Part I.A.~ Authority and Establishment of the
Planninq Council: The Planning Council has been
"sunset" pursuant to provisions of Article VII of
the County Charter. Information which is found
throughout CFLUE is now inconsistent with
9J-5.005(6).
2. Part I.C.~ Relationship of CFLUE to Local
Government Comprehensive Plans: Part I.C. of
CFLUE confirms that there is internal
inconsistency between it and the County
Comprehensive Plan and between CFLUE and local
government plans but that said inconsistency shall
be achieved pursuant to Policy 2.1.1 of said
CFLUE. However, the County Commission has
embarked on a course of action, by adopting an
Ordinance which creates a certification process
that is inconsistent with the amended portion of
paragraph two of Part I.C. The existence of such
inconsistencies is a violation of 9J-5.018(1).
3. Goal Area 1~ Administrative Policies: Goal Area 1
of CFLUE appropriately set forth requirements and
procedures which rely upon local government plans
using "pass-through" provisions. However, the
County Commission has adopted an Ordinance which
requires that local plans must comply with the
CFLUE; hence, it is inconsistent with CFLUE and is
not consistent with the intergovernmental
coordination provisions of 9-J5.
4. Goal Area 1~ Objective 2: Mediation: This
objective and its procedural rule (pages 156-160)
creates a conflict with the mediation role of the
Regional Planning Council as set forth in the CRDC
Policy. This conflict puts local governments in a
dilemma as to appropriate jurisdiction for
conflict resolution. Further, the County
Commission has adopted an Ordinance which provides
for binding "arbitration" instead of "mediation".
Such a requirement is in conflict with goals,
objectives and policies of the Regional Plan which
applies to Palm Beach County and the
municipalities therein. The above constitutes a
violation of 9J-5.018(2).
5. Goal Area 2t Performance Standards Policyt
Objective 1~ and policies subsequent thereto,
Consistency Review and Certification: These
policies are in conflict with 9J-5.018(3) in that
consistency is not being achieved concurrent with
adoption of this optional element. This item is
of paramount importance to the City of Delray
Beach since it sets the pattern for processing
future amendments to CFLUE (i.e. the County
Commission may make amendments to CFLUE.which make
each municipal plan "inconsistent" and then force
compliance by local governments). Such resulting
local amendments may create additional
inconsistencies within each individual
jurisdiction. It is clear from Chapter 163 and
9J-5.018(3) that proper planning necessitates the
assessment of amendments upon the totality of a
comprehensive plan prior to adoption of the
amendment. Resolution of this situation and the
method for processing CFLUE policy amendments
needs to be a part of the CFLUE if, indeed, a
"contingency" approach is to be accepted in
meeting the requirements of 9J-5.018(3).
6. CFLUE is consistent with the County
Intergovernmental Coordination Element: While the
staff of the former Countywide Planning Council
has been diligent in notice and distribution
requirements of Chapter 163, there has been no
compliance with provisions of the adopted
Intergovernmental~Coordination Element of the Palm
Beach County Comprehensive Plan. Since CFLUE is
an optional element to the County Comprehensive
Plan, it is necessary to comply with provisions of
that Element in the preparation and adoption of
the CFLUE.
7. Insufficient Policy Guidance: The Treasure Coast
Regional Planning Council in its review of
September 20, 1991, stated "the CFLUE does not
provide sufficient policy guidance nor the
mechanisms to allow the PBCPC to carry out its
chartered mission of a cooperative effort to
resolve and prevent incompatibilities and
conflicts and to coordinate land use planning".
In its January 17, 1992, review of the adopted
CFLUE, it notes that the County Commission
provided "No apparent response" to the above
concern.
WHEREAS, the amended CFLUE was not responsive to the
Treasure Coast Regional Planning Council review comments which
were made prior to preparation of the DCA Objections,
Recommendations, and Comments (ORC) Report and to the collective
comments of Palm Beach County municipalities as represented by
the Palm Beach County Municipal League; and,
WHEREAS, the CFLUE, in its present form, will' severely
restrict the ability of the City of Delray Beach to efficiently
and effectively implement its own adopted Comprehensive Plan
which has been determined as "in compliance" by the DCA,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
· - 2 - Res. No. 19-92
Section 1. That the City Co~ission of the City. of
Delray Beach, Florida, requests that the State Department of
Co,unity Affairs find the Palm Beach County, optional element,
Countywide Future Land Use Element to be not in compliance.
Section 2. That the City Clerk is directed to transmit
this Resolution to the Department of Co,unity Affairs, the Board
of County Co~issioners, the Treasure Coast Regional Planning
Council, and to the Palm Beach County Municipal League.
PASSED AND ADOPTED in regular session on this the 21st
day of January, 1992.
ATTEST:
City Cle~ '
- 3 - Res. No. 19-92
CITY OF DELRAY BEACH, FLORIDA-- CITY COMMISSION
REGULAR MEETING - JANUARY 21, 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
H. ACCEPTANCE OF AN EASEMENT DEED/EASEMENT AGREEMENT: Accept
an easement deed and easement agreement from Trainer Roofing for
a 25 foot utility easement necessary to install water and sewer
mains in the former enclave area on Germantown Road.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
N. RESOLUTION NO. 19-92: A resolution which requests that the
Department of Community Affairs finds the Countywide Future
Land Use Element to be "not in compliance".
CITY COMMISSION DOCUMENTATION
TO: /~--D~ID T. HARDEN, CITY MANAGER
FROM: -'-DA~;ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 21, 1992
ADD-ON ITEM OPPOSITION TO C.F.L.U.E.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
adopting a Resolution which requests that the Department of
Community Affairs finds the CFLUE to be found not in
compl£ance.
BACKGROUND:
With the occurrence of recent events, it seems appropriate that
the City of Delray Beach make a formal statement as to the
impact of the Countywide Future Land Use Element (CFLUE) upon
our local planning program. One way in which this can be done
is to formally recommend that the Department of Community
Affairs find the CFLUE to be "not in compliance". If such a
finding is made, additional actions including more State review
and possible modifications will be required. Through such a
process, the City of Delray Beach can attempt to have the CFLUE
be more responsive to our local concerns and needs.
It is anticipated that other municipalities throughout the
County will make similar requests of D.C.A.
The attached resolution has been drafted by the Planning
Director and has been reviewed and modified by the City
Attorney.
Time is of the essence: Since the CFLUE is now before DCA for a
compliance determination and said determination may be made
prior to the next regular meeting of the Commission, it is
requested that this item be added to tonight's agenda.
To: City Commission Documentation
Meeting of January 21, 1992
Add-On Item Opposition to C.F.L.U.E.
Page 2
RECOMMENDED ACTION:
By motion, adoption of the Resolution, as presented.
Attachment:
* Resolution
C:
Jeff Kurtz, City Attorney
Alison MacGregor-Harty, City Clerk
T:CCRES.DOC ..
RESOLUTION NO. 19-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT
OF COMMUNITY AFFAIRS TO FIND THE COUNTYWIDE FUTURE
LAND USE ELEMENT (CFLUE) TO BE "NOT IN
COMPLIANCE".
WHEREAS, the Palm Beach County Board of County
Commissioners (County Coramission) has adopted a Countywide Future
Land Use Element (CFLUE) as an optional element to the County
Comprehensive Plan; and,
WHEREAS, said adoption occurred on December 16, 1991,
and said CFLUE is now in review by the State Department of
Community Affairs (DCA) for a "determination of compliance"; and,
WHEREAS, subsequent to the date of preparation of the
CFLUE and its transmittal to DCA, there have been significant
changes to the background data, the basis for authority, and the
manner of implementation of the CFLUE; with such changes
including, but not limited to:
1. Part I.A.~ Authority and Establishment of the
Planning Council= The Planning Council has been
"sunset" pursuant to provisions of Article VII of
the County Charter. InfozTnation which is found
throughout CFLUE is now inconsistent with
9J-5.005(6).
2. Part I.C.~ Relationship of CFLUE to Local
Government Comprehensive Plans= Part I.C. of
CFLUE confirms that there is internal
inconsistency between it and the County
Comprehensive Plan and between CFLUE and local
government plans but that said inconsistency shall
be achieved pursuant to Policy 2.1.1 of said
CFLUE. However, the County Commission has
embarked on a course of action, by adopting an
Ordinance which creates a certification process
that is inconsistent with the amended portion of
paragraph two of Part I.C. The existence of such
inconsistencies is a violation of 9J-5.018(1).
3. Goal Area 1~ Administrative Policies: Goal Area 1
of CFLUE appropriately set forth requirements and
procedures which rely upon local government plans
using "pass-through" provisions. However, the
County Commission has adopted an Ordinance which
requires that local plans must comply with the
CFLUE; hence, it is inconsistent with CFLUE and is
not consistent with the intergovernmental
coordination provisions of 9-J5.
4. Goal Area 1, Objective 2: Mediation: This
objective and its procedural rule (pages 156-160)
creates a conflict with the mediation role of the
Regional Planning Council as set forth in'the CRDC
Policy. This conflict puts local governments in a
dilemma as to appropriate jurisdiction for
conflict resolution. Further, the County
Commission has adopted an Ordinance which provides
for binding "arbitration" instead of "mediation".
Such a requirement is in conflict with goals,
objectives and policies of the Regional Plan which
applies to Palm Beach County and the
municipalities therein. The above constitutes a
violation of 9J-5.018(2).
5. Goal Area 2~ Performance Standards Policyf
Objective If and policies subsequent thereto,
Consistency Review and Certification: These
policies are in conflict with 9J-5.018(3) in that
consistency is not being achieved concurrent with
adoption of this optional element. This item is
of paramount importance to the City of Delray
Beach since it sets the pattern for processing
future amendments to CFLUE (i.e. the County
Commission may make amendments to CFLUE which make
each municipal plan "inconsistent" and then force
compliance by local governments). Such resulting
local amendments may create additional
inconsistencies within each individual
jurisdiction. It is clear from Chapter 163 and
9J-5.018(3) that proper planning necessitates the
assessment of amendments upon the totality of a
comprehensive plan prior to adoption of the
amendment. Resolution of this situation and the
method for processing CFLUE policy amendments
needs to be a part of the CFLUE if, indeed, a
"contingency" approach is to be accepted in
meeting the requirements of 9J-5.018(3).
6. CFLUE is consistent with the County
Intergovernmental Coordination Element: While the
staff of the former Countywide Planning Council
has been diligent in notice and distribution
requirements of Chapter 163, there has been no
compliance with provisions of the adopted
Intergovernmental%Coordination Element of the Palm
Beach County Comprehensive Plan. Since CFLUE is
an optional element to the County Comprehensive
Plan, it is necessary to comply with provisions of
that Element in the preparation and adoption of
the CFLUE.
7. Insufficient Policy Guidance: The Treasure Coast
Regional Planning Council in its review of
September 20, 1991, stated "the CFLUE does not
provide sufficient policy guidance nor the
mechanisms to allow the PBCPC to carry out its
chartered mission of a cooperative effort to
resolve and prevent incompatibilities and
conflicts and to coordinate land use planning".
In its January 17, 1992, review of the adopted
CFLUE, it notes that the County Commission
provided "No apparent response" to the above
concern.
WHEREAS, the amended CFLUE was not responsive to the
Treasure Coast Regional Planning Council review comments which
were made prior to preparation of the DCA Objections,
Recommendations, and Comments (ORC) Report and to the collective
comments of Palm Beach County municipalities as represented by
the Palm Beach County Municipal League; and,
WHEREAS, the CFLUE, in its present form', will' severely
restrict the ability of the City of Delray Beach to efficiently
and effectively implement its own adopted Comprehensive Plan
which has been determined as "in compliance" by the DCA,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
- 2 - Res. No. 19-92
Section i. That the City Co~ission of' the City of
Delray Beach, Florida, requests that the State Department of
Co,unity Affairs find the Palm Beach County, optional element,
Countywide Future Land Use Element to be not in compliance.
Section 2. That the City Clerk is directed to transmit
this Resolution to the Department of Co--unity Affairs, the Board
of County Co~issioners, the Treasure Coast Regional Planning
Council, and to the Palm Beach County Municipal League.
PASSED AND ADOPTED in regular session on this the 21st
day of January, 1992.
ATTEST:
C~ty Cle~ t
· - 3 - Res. No. 19-92
CITY DF [IELRrlY BEACH
January 23, 1992
Mr. Dan Carey, Executive Director
Treasure Coast Regional Planning Council
3228 S.W. Martins Downs Blvd.
Palm City,'FL 34990
Re: Resolution No. 19-92
Dear Mr. Carey:
In regular session on January 21, 1992, the Delray Beach City
Commission adopted, by unanimous vote, Resolution No. 19-92,
requesting the Department of Community Affairs to find the
Countywide Future Land Use Element (CFLUE) to be "Not in Compli-
aRC e".
A certified copy of Resolution No. 19-92 is enclosed for your
consideration. Should you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/rs
enclosure
[:lTV DF DI I. RII¥
January 23, 1992
Mr. Jack Horniman, Executive Director
Palm Beach County Municipal League
P.O. Box 1989
West Palm Beach, FL 33402
Re: Resolution No. 19-92
Dear Mr. Horniman:
In regular session on January 21, 1992, the Delray Beach City
Commission adopted, by unanimous vote, Resolution No. 19-92,
requesting the Department of Community Affairs to find the
Countywide Future Land Use Element (CFLUE) to be "Not in Compli-
ance''.
A certified copy of Resolution No. 19-92 is enclosed for your
consideration. Should you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
City Clerk
AMH/rs
enclosure
CITY I]F DELRrlV BEI:ICH
January 23, 1992
Mr. William Sadowski, Secretary
Department of Community Affairs
2740 Centerview Drive,
Tallahassee, FL 32399-2140
Re: Resolution No. 19-92
Dear Mr. Sadowski:
In regular session on January 21, 1992, the Delray Beach City
Commission adopted, by unanimous vote, Resolution No. 19-92,
requesting the Department of Community Affairs to find the
Countywide Future Land Use Element (CFLUE) to be "Not in Compli-
ance''.
A certified copy of Resolution No. 19-92 is enclosed for your
consideration. Should you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/rs
enclosure
Board of County Commissioners County Administrator
Karen T. Marcus, Chair Jan VVinters
Carole Phillips, Vice Chair
Carol A. Roberts
Carol ]. Elmquist
Mary McCarty ~
Ken Foster /~~~/X
January 28, 1992
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
Thank you for sending me a copy of your Resolution No. 19-92
requesting the Department of Community Affairs to find the
Countywide Future Land Use Element (CFLUE) to be "Not in
Compliance".
I have forwarded your Resolution to County Administration with
a request that it be placed on the next available Board agenda to
be received and filed into the official records. I have also
forwarded a copy to Carmen Annunziato for his review and comments.
If I may be of further assistance in any way, please don't
hesitate to contact me.
/
Sin y,
Bolr~f County Commissioners
KTM/pw
cc(w/enc): County Administration
"An Equal Opportunity - Affirmative Action Employer"
BOX 1989 WEST PALM BEACH, FLORIDA 11402-1989
~c~ Printed on rec¥cled paper
Board of County Commissioners County Administrator
Karen T. Marcus, Chair Robert Weisman
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken Foster ~
Maude Ford Lee
February 13, 1992
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. MacGregor Harty:
This letter acknowledges receipt of your Resolution No. 19-92
requesting the Department of Community Affairs to find the
Countywide Future Land Use Element (CFLUE) to be "Not in
Compliance".
The Palm Beach County Board of County Commissioners officially
received and filed your correspondence at the February llth Board
meeting. A copy of your resolution was forwarded to Kris Kern,
Director of Planning, Zoning & Building.
Sincerely,
Dianne Cahill
Agenda Coordinator
cc: Kris Kern, Director PZ&B
"An Equal Opportunity - Affirmative Action Employer"
~printedon recycledpa~oer Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom (407) 273-2030
Board of County Commissioners County Administrator
Karen T. Marcus, Chair Robert Weisman
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken Foster ~
Maude Ford Lee
January 27, 1992
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
This is to acknowledge and thank you for Resolution No. 19-92,
relative to the Count~ide Future Land Use Element.
I have fo~arded this Resolution to Co~issioner Karen Marcus,
Chair of the Board of County Co~issioners, who will see that it is
officially received and filed.
Sincerely'~~is~
CarolJ. m
District III
Board of County Commissioners
CJE/blm
"An Equal Opportunity - Affirmative Action Employer"
Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom (407) 273-2030