HomeMy WebLinkAboutDocumentation_Regular_Tab 09D1_9/13/1990�i
STONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND CO3N4ELOR$
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September 5, 1990
WRiTER'S DIRECT LINE:
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Palm Beach Countywide Planning Council
Our File No. 13153.01
Dear Tom:
.L&%Rl A, LiSON JONNATQN
,AKin*
A" AIH
fn i AMA FCMTIN
CT.40 LOCAro"
64 ME pc""14 AY\
0CLAAT 6GACN, R9nOA nAa
Please find enclosed the response and Resolution which we propose
be forwarded to the Palm Beach Countywide Planning Council. The
Resolution and response should be included in the next meeting of
the Council and forwarded back to the Palm Beach Countywide
Planning Council no later than September 21, 1990.
Sincerely,
John C. Randolph
JCR/sm
Enclosures
cc: Mr. Scott D. Ladd
$f GNED 1N TN[
ABSENCE OF JOHN C.
EXPEDITE DEL. VERY,
091/0Ei90 14:31 JONES FOSTER, JOHNSTON & STUEBS 005
RESOLUTION NO.
A RESOLUTION OF THE VILLAGE COUNcTt, OF THE
VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE
MAYOR TO TRANSMIT THE VILLAGE'S RESPONSES TO
FINDINGS MADE BY THE PALM BEACH COUNTYWIDE
PLANNING COUNCIL AS To MAPPED POTENTIAL
INTERJURISDICTIUNAL INCOMPATIBILITIES BETWEEN
THE VILLAGE'S ADOPTED COMPREHENSIVE PLAN AND
THE ADOPTED COMPREHENSIVE PLANS OF ADJACENT
LOCAL GOVERNMENTS AND AS TO POTENTIAL
INTbl�JURISDICTIONAh INCOMPATIBILITIES BETWEEN
THE GOALS, OBJECTIVES AND POLICIES IN THE
VILLAGE'S ADOPTED COMPREHENSIVE PLAN AND THE
PLANNING COUNCIL'$ ADOPTED FUTURE LAND USE
POLICIES.
WHEREAS, pursuant to Section 7.8 of the Palm Beach County
Charter, the Palm Beach Countywide Planning Council has advised the
Village of Tequesta of its findings in regard to mapped potential
interjurisdictional incompatibilities between the Village's adopted
Comprehensive Plan and the adopted comprehensive Plans of adjacent
local governments; and
WHEREAS, the Village of Tequesta has reviewed the findings of
the Countywide Planning Council; and
WHEREAS, Section 7.8 of the County Charter provides that
affected local governments shall be given an opportunity to respond
in writing to the Planning Council regarding mapped potential
incompatibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section lr_ The Mayor i5 hereby authorized to transmit to
the Palm Beach Countywide Planning Council the attached responses
to the Planning council's lisidings of mapped potential
interjurisdictional incompatibilities.
Section 2. The Mayor is hereby authorized to inform the
Countywide Planning Council that the Village will not respond at
this time to the Planning Counc:il's findings of potential
interjurisdictional incompatibilities regarding the goals,
objectives and policies in the Village's adopted Comprehensive
Plan, and further that the village questions whether the Planning
Council has the authority to independently compile policy
09/06/90 14:32 JONES FOSTER, JOHNSTON & STUBBS 006
statements and require a municipality to expend time and financial
resources to respond to said policy statements.
Sectign 3. This Resolution shall take effect immediately
upon its adoption.
THE FOREGOING RESOLUTION was offered by Councilmember
, who moved its adoption. The Resolution
was seconded by Councilmember and upon
being put to a vote, the vote was as follows!
FOR ADOPTION AGAINST ADOPTTON
The Mayor thereupon declared the Resolution duly passed and
adopted this day of September, 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk
JCR\13153-01\CPC.RESOLUTION
PALM •
BEACH •
COUNTYWIDE
PLANNING
• COUNCIL
2290 Tenth Avenue N., Suite 501
Lake Worth, FL 33461
(407) 582-8259 / FAX 533-6112 / Toll -Free in Palm Beach County 1-800.273-5401
July 24,1990
Mayor Joseph Capretta
Village of Tequesta
P.O. Box 3273
Tequesta FL 33469
Dear Mayor Capretta:
The Palm Beach Countywide Planning Council is in the process of creating a Countywide Future Land
Use Element. Pursuant to Article VII of the Palm Beach County Charter, the first steps in developing
this Element include creating a composite of all adopted comprehensive plans, analyzing the composite for
potential interjurisdictional incompatibilities, and advising all affected local governments of the nature of
the incompatibility findings and of the opportunity for written response.
At its July 23, 1990 meeting, the Planning Council directed staff to transmit its findings to local
governments for review. The findings made by the Council at this meeting are of two types: policy
incompatibilities and mapped incompatibilities. Policy incompatibilities are instances where a local
comprehensive plan is inconsistent with any of the Council's "ensure" statements from the Council's
adopted polices and with the policies necessary to meet Chapter 9J-5 F.A.C. requirements for a future
land use element. Mapped incompatibilities are instances where a local government's land uses along its
border are in conflict with adjacent land uses in neighboring communities. These findings are based on the
matrix of potentially incompatible land uses developed with the assistance of the Co:jnril's Working ioup
earlier this year.
These incompatibility findings are presented in two report forms: the Pony Potential Interjurisdictional
Incompatibility Report Form and the Mapped Potential Interjurisdictional Incompatibility Resolution Table.
The Policy Potential Interjurisdictional Incompatibility Report Form lists each Council or 9J-5 requirement,
the citation for the local plan policy or objective where that requirement was found to have been met, the
comment Not Found" if the requirement was not met, and additional comments explaining the finding
where necessary. The Mapped Potential Interjurisdictional Incompatibility Resolution Table lists the
boundary polygons of each local government which are potentially incompatible with an adjacent land use
polygon in a neighboring local government. The column titled "poly no." lists identification numbers of the
land use polygons on the boundary analysis map(s) from which these reports were developed. Copies of
the Potential Interjurisdictional Incompatibility Matrix, the Common Classification System, and the
Conversion Matrix used to conduct the boundary analysis are enclosed. A complete set of these
materials, and a copy of the boundary analysis map, have been provided to the administrator of your
local government.
Be advised that the Palm Beach Countywide Planning Council's Potential Interjurisdictional
Incompatibilities maps were created only for the explicit purposes of the Planning Council for future land
Samuel J. Ferreri, Chairman • Peter L. Pimentel, Vice Chairman • Karen T. Marcus, Treasurer • Clarence E. Anthony, Secretary
Carmen S. Annunziato, Executive Director
use potential interjurisdictional incompatibility identification, analysis, and representation. The Potential
Interjurisdictional Incompatibilities maps were compiled from the future land use maps of the 38 local
governments within Palm Beach County; they are not ground -controlled, and they do not meet National
Mapping Standards. The use of the Potential Interjurisdictional Incompatibilities maps should be limited to
only the identification of: the future land use categories assigned to each future land use polygon; the
relative and approximate positions of future land uses; and, the pairings of adjacent kcal government
future land uses that have been identified by the Planning Council as Potential Interjurisdictional
Incompatibilities.
Local government responses to these findings are du September 21. Other materials which may
facilitate your local government's response to these findings also enclosed. These include a Policy
Potential Interjurisdictional Incompatibility Response Form, and a Sample M
1 P ty P p Mapped Interjurisdictional
Incompatibility Analysis. Responses to mapped potential incompatibilities are to be noted by the local
governments on the Mapped Potential Interjurisdictional Incompatibility Resolution Table and on copies of
the additional blank form provided if necessary. Instructions accompany both forms to be completed by
the local government. Also provided is a sample resolution to be used by the governing body to formally
transmit its responses to the Council's findings.
Also enclosed is a chronology of key dates and events leading up to the transmittal of these findings.
This set of findings represents both the culmination, of two years' work developing definitions of policy and
mapped interjurisdictional incompatibilities, and the beginning of a process that will include bringing
together local governments to resolve incompatibilities, presenting the composite plan for public hearings,
and developing the Countywide Future Land Use Element by integrating solutions based on i0cal
government responses and public comment into the composite plan. The draft Countywide Future Land
Use Element will then be transmitted to local governments for comment, and the Planning Council shall
recommend the Element to the Board of County Commissioners for adoption.
The success of the Countywide Future Land Use Element planning effort relies in large part on the
willingness of all local governments to cooperate in its development. The direction taken by the Planning
Council has been to involve local governments in every important decision, and to carefully consider any
comments offered. This "findings" process is clearly a most ambitious attempt to keep do6sion-making
at the local government level. It is in this spirit of cooperation that we ask for a timely and thorough
response.
If you should have any questions about the findings process, or wish to have Council staff either meet
with your staff or attend a meeting of your governing body, please feel free to contact me at your
convenience.
Sincerely yours,
C_ Ci-c-,...r.-. J
Carmen S. Annunziato
Executive Director
Enclosures
Vbndngs/mayors cc man
ktwPrbdcUWW kwmVdbft Roo
A,rtide VII of the Palm Beach County Code requires that the Palm Beach Countywide Plan+ _
Element that coordinates the planning processes of all governments within the Count
omt6cls among local governments' land use planning efforts.
The Countywide Future Land Use Element is required to be created from a composile of k
b corred interjurisdictional incompatiblities. The Planning Council has adopted pock
resolve incompatWities as defined in Amide VII. The Counal has also developed a cornpor
identified for each local government those land uses along Its borders which, when pairer
goverrowt, are potentially incompabble. These findngs are based on a matrix of pot
assistance of the Courd's Working Group of Local Planners earlier this year. These i
alteded local governments may conclude that no ocnfict exists, as a result of a more detailed analysis of the land uses, the applicable land
development regulations, existing uses If any, and any other pertinent information.
The Mapped Potential Interjurisdictional Incompatibility Resolution Table Ists the potentially incompatible pairs. The column titled 'poly no.'
Est identification nmbers of the land use polygons on the enclosed boundary analysis maps from wtuch these reports were developed. Copies
d the Potential Into rjurisdictonal Incompabblity Matrix, the Common Classification System, and the Conversion Matrix used to conduct the
bx+dary analysis are enclosed
Carrpbdng the Respam Form:
t_ The Planning Courd requires a response only for each item identified on the Mapped Potential Interjurisdictional IncompgWity Report
Form.
22 Using the polygon numbers ('poly no.1 provided on the Resolution Form, locate each incompatible polygon pair on the boundary analysis
map(s). A colored boundary Ine on the map indicates the location of an ir�%e pair.
3. Ar*4ze information contained in tt* a,:jacenl local governments comprehensive plan, land development regulations or other documents
Pertinent b the land use involved in the incompabbiiity.
t. If, based on more detailed
your analysis, you axidude that no interjtxisdw J
(a) We submit that no interjurisdictional incompatibility exists, and rea if ,fC pmd ck&l f<�
adjacent local government submit that an incompabbrlity exists
(b) We have met with the adjacent local government, and jointly conclude 0f r �% •fin r'�C/l'�
S. It, based on your more detailed analysis and mse&W with the adjaa 601't<� c 57, : j i c
inwmpatibiI4 does exist, indcate the appropriate response:
(a) An Interjurisdic0onal incornpabbdity exists, and a resolution has been ���s , �•
the resdutfeon or attach a oW /
(b' An media � ' n0 resolurlon has been reCoxaft Oh,, �� C T• 1 C
are reqiesled.
6- Ptease call 582-8259 to contact the PWYw Isted at the by right of to
representation at a meeting of the adjacent local governments to &cuss the
he
M
7. Please return all corroW Response Forms to the Pt inning Coxd by t _�.�. ,,., c i, r emu, along wtfi an oftW resokNon of ttre
Qoverning body transmitting the responses recorded on theMapped Potential Inlerjurisdc5onai 11noompabUlty Resolution Form. A
sample resolution for 16 purpose Is endosed; the same resolugon can be used to tram the responses recorded on Ilhe Polq Potential
triter dsddlord IncompahUty Response Form
SAMPLE RESOLUTION
RESOLUTION 90-
A RESOLUTION TRANSMITTING THE RESPONSE OF (LOCAL
GOVERNMENT) TO FINDINGS MADE BY THE PALM BEACH
COUNTYWIDE PLANNING COUNCIL AS TO POTENTIAL
INTERJURISDICTIONAL INCOMPATIBILITIES OF THE (LOCAL
GOVERNMENTn ADOPTED COMPREHENSIVE PLAN.
WHEREAS, pursuant to Section
Charter, the Palm Beach Countywide
(local government) of its findings
interjurisdictional incompatibilities
comprehensive plan; and
7.8 of the Palm Beach County
Planning Council has advised
in regard to the potential
of the (local government)
WHEREAS, (local government) has reviewed the findings of the
Countywide Planning Council; and
WHEREAS, Section 7.8 of the County Charter provides that
affected local governments shall be given an opportunity to respond
in writing to the Planning Council regarding the incompatibilities,
which the Planning Council shall then consider and evaluate.
NOW THEREFORE be it resolved by the (local government) as follows:
Section 1. (Local government) hereby transmits to the Palm
Beach Countywide Planning Council the following responses in regard
to the Planning Council's finding of potential interjurisdictional
incompatibilities.
(Responses)
Duly passed and adopted by a majority of a quorum of the
(local government) this day of , 1990.
(Signatures)
MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE
LOCAL GOYERNNTk I Village of Tequesta
LOCAL covE MB: LTown of Jupiter Inlet Colony
pays 1
* See Mapped Potential Interjurisdictional Incompatibility Comment Form.
',
..J..:�t.OJtWM�.:bP.J.MIaq.A.'i'.a.t6KON4k'>�M\\\.MN.<O��M'.:MMOiOG.a'�
MAPPED POTENTIAL INTERJURISDICTIONAL
INCOMPATIBILITY COMMENT FORM
LOCAL GOVERNMENT: TEQUESTA - JUPITER INLET COLONY
Map Pair No. ( 1 ( Polygon Nos. 90 & 114
Land Use Codes R12 & R6 c..
The higher density residential area in Tequesta is adequately
buffered and fenced from the low density residential area in <>
Jupiter Inlet Colony. Therefore, no incompatibility exists.
Map Pair No. l L l Polygon Nos. 9 0 & 115
Pags I_
MAPPED POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITY RESOLUTION TABLE
LOCAL GOVERMENT k I Village of Tequesta
Town of Jupiter
LU Code Potential InterjurUM lonal h=patiblflty
SEE
Page 1
See Mapped Potential Inter jurisdictional Incompatibility Comment Form.
Page 1
See Mapped Potential Inter jurisdictional Incompatibility Comment Form.
MAPPED POTENTIAL Il',JTERJURISDICTIONAL
INCOMPATIBILITY COMMENT FORM
I t"UAl r-AVC:DKlRACKrr.
District (Council's CON
Classification
) does not go as far south as shown. That area
in Jupiter is really in railroad right-of-way. Therefore, no
incompatibility exists.
Pap 2
MAPPED POTENTIAL INTERJURISDICI-IONAL
Page 3
MAPPED POTENTIAL INTERJURISDICI-IONAL
INCOMPATIBILITY COMMENT FORM
LOCAL GOVERNMENT: TEQUESTA JUPITER
95
Map Pair No. Polygon Nos. C &
Land Use Codes BF &
Teguesta's water storage tank location is not considered
incompatible with adjacent commercial uses. Therefore, no in-
compatibility exists.
Pap 4
Map Pair No. Polygon Nos. 86 & 95
Land Use Codes- cBF &
Both areas are very compatible to each other; each preserved in
an open space and/or recreation status; and the uses are separated
by a major road (CR 707) Therefore, no incompatibility exists.
... .......
............ . ... . .... ........
.. ....... . . ....... .
Page 5
MAPPED POTENTIAL INTERJURISDIMONAL INCOMPATIBILITY RESOLUTION TABLE
LOCAL GOVVOWNT A. Village of Tequesta
LOCAL GMRNWNT 8: Palm Beach County
Pdlr
LG 'A"
Coundl
Poly
LG "8-
Cotxcp
No.W
w cod.
�u cod.
No
w cod.
�u cod.
POtent181 Interjurlsdictbnal hcompaobny FMdkV
1
10
RLD
R6
9
INST
C8F
2
10
RLD
R6
w.�.Cavef1ra*rtbwgowwwkadjw*o
3
10
RLD
R6
15
CL/5
C1
f RM Racas to air[bat¢ AMAK go
4
10
RLD
16
12
R12
wr howRats toI�
bd ;•.—.at aa =Cbb fat a: omepa� s
R6
17
12
R12
Y% P..,e.t.s a a�a�snc,r��,,,a,,,�
5
27
C
C2
17
12
R12
b hwe Rar.w a b W and p.w mad. ter afl em ...ta
6
27
C
C2
20
12
R12
re, Rrn RW WIM fa aft bet gcvwww ; No Iv+r mad. ed
7
27
C
C2
79
5
R6
i r
-via
8
29
PBG
CBF
wr hoe m.c a a4fant b w gzee�a� mmaw. fs Ro aas
9
34
C'
17
12
R12
ft bn Ratrs fa a*WM batgoee . zW 1®+M maae. f+d
10
35
ROS
C2
CON
17
12
R12
We?MoNMI* raTo�— V=9 am
- ►�+r�o.e�.Ra��`
11
36
11
12
R 12
vw na. R�.r.s f. avcarw bct „t jam* =ck* fs
12
46
ROS
ROS
CON
CON
17
43
12
PARK
R12
w. ran mr.d, to a�aon bd gawast,r Imo' �a tr no =Mpager =w
13
ROS
w. rar. Mess fa aura bry gawRtirrit arti I� mad, Nd m emaprl� s
47
CON
CON
43
PARK
ROS
14
47
CON
CON
62
PARK
ROS'r
wr �. R,a fa ar40=1 bw 9a+e .art ark iv+r a fr.
15
56
RMD
R12
YMr N� Rat rAi b a bdiei.K art jar1� mad• fat Rs aims aar<
16
56
RMD
R12
49
5
R6
vrr nin art rs er aunt bd � SO �r�.eatRo��
17
56
RMD
R12
32
S
R6
vw�ow�aagmmsba�osasatsdb�mss�ts���
18
83
RMD
�
5
R6
w. n.r. MK.s b a#mt b�pvma,.� a� i� mma ti s em.ga�.us
19
R12
51
1
RR1
ft NOW OKV* fabd�K an Omer aNdsknow6ft as
20
85
OPF
C8F
52
5
R6
ft R.. MK rs a a�ataa brs 9 c as i�+M mncsa. Hd m ecar¢,d, as
91
CON
CON
62
PARK
ROS
` - - _ _
w. R.. Rat r a km ad jdet rr s =m tt
?2
24
23
26
27
29
30
31
32
33
34
35
36
See Mapped Potential InterjurisdiPct'ional Incompatibility Comment Form.
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Page 6