Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 4A2_8/9/1990RESOLUTION NO. 12-89/90 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE VILLAGE OF TEQUESTA, AUTHORIZING THE SIGNING OF THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE VILLAGE OF TEQUESTA AND AUTHORIZING THE APPROPRIATE VILLAGE OFFICIALS TO UNDERTAKE THE NECESSARY MEASURES TO EFFECTUATE THE TEMII4S OF THE SETTLEMENT AGREEMENT. WHEREAS, the Village of Tequesta adopted by Ordinance No. 391 its Comprehensive Plan pursuant to Florida Statutes Chapter 163 on October 12, 1989; ER unity Affairs issued tha"Settlement FofrIntent ida etorFind tCompreeof hensive Plan Not in Compliance" on November 30, 1989; WHEREAS, the State of Florida Department of Community Affairs and the Village of Tequesta entered into settlement negotiations to resolve the disputed issues between the State and the Village; IWHEREAS, Affairs and Comprehensive Ilissues between I the State of Florida Department of Community the Village of Tequesta have agreed to proposed Plan amendments which resolve the disputed the State and the Village; y-r-RCS) WHEREAS, a Stipulated Settlement Agreement has been Jointly prepared by the State of Florida Department of Community Affairs and the Village of Tequesta; and WHEREAS, it is in the best interests of the Village of (Tequesta and its citizens to enter into the Stipulated Settlement Agreement for purposes and amicably resolving the disputed issues between the State and the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, Q A, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. By publication July 26, 1990 in the Palm Beach Post, the citizens of the Village of Tequesta and all other interested parties were notified that the Village of Tequesta proposed to approve this Resolution regarding its Comprehensive Plan on this date. Section 2. The Stipulated Settlement Agreement is hereby incorporated by reference as part of this Resolution as if fully set forth herein. Section 3. Village officials as required are authorized to undertake the necessary measures to effectuate the terms of the Stipulated Settlement Agreement. r _ _ Section 4. This Resolution shall take effect immediately ✓ upon its adoption. Section 5. Five (5) copies of the Stipulated Settlement Agreement shall be forwarded to the State of Florida Department of Community Affairs upon execution. I f - 2 - 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 ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of 1990. ATTEST: I Bill C. Kascavelis Village Clerk MAYOR OF TEQUESTA Joseph N. Capretta j STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, VS. DOAH CASE NO. 89-6979GM VILLAGE OF TEQUESTA, Respondent. STIPULATED SETTLEMENT AGREEMENT Petitioner Florida Department of Community Affairs (Department) and Respondent Village of Tequesta hereby stipulate and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes (1987). b. Agreement: This stipulated settlement agreement. C. Comprehensive Plan or plan: The Comprehensive Plan of the Village of Tequesta, as adopted by Ordinance No. 391 on October 12, 1989. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: Consistent with Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, Section 187.201, Florida Statutes, the Treasure Coast Florida Regional Policy Plan, as adopted by Rule 29K-5.001, Florida Administrative Code, and Chapter 9J-5, Florida Administrative Code. f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan not in compliance dated November 30, 1989. g. Petition: The petition for administrative hearing and relief filed by the Department on December 14, 1989, that initiated proceedings before DOM in this case (Case No. 89- 6979GM). h. Remedial action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan into compliance. i. Remedial plan amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the Village must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this agreement must be consistent with and substantially similar in concept and intent to the ones identified in this agreement or be otherwise acceptable to the Department. j. Statement of intent: The statement of intent to find the plan not in compliance dated November 30, 1989. k. Support document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop 2 and support the plan adopted by the Village on October 12, 1989. 2. Entire agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 3. Approval by governing body. This agreement has been approved by the Village governing body at a public hearing advertised in a quarter -page advertisement published approximately 14 days prior to the hearing in the manner prescribed for advertisements in Section 163.3184(15) (c), F.S. This agreement has been executed by the appropriate Village officer as provided in the Village's charter or other regulations. 4. Changes in law. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence. 5. Other persons unaffected. Nothing in this agreement shall be deemed to affect the rights of any person under the law other than the parties. 6. Attorney fees and costs. Each party shall bear its own costs, including attorney fees. 7. Public Records. The Village shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the Village in conjunction with this 3 agreement. It is expressly understood that upon receipt of substantial evidence of the Village's refusal to comply with this provision, the Department will have the right to terminate this agreement for breach. 8. Liability. The Village hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this agreement arising out of, or due to any act, occurrence, or omission of the Village, its subcontractors or agents, if any, that is related to the Village's performance under this agreement. 9. Effective date. This agreement shall become effective upon the last date of signing by the parties. 10. Purpose. The parties enter into this agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the plan. 11. Department powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the plan is in compliance. 12. Exhibits. Exhibits A and B are hereby incorporated by reference. In the event of conflict between Exhibit A and Exhibit B, the provisions of Exhibit B shall control. 13. Adoption of plan and support document. The Village 4 provided the support documents and adopted the plan by ordinance at a properly advertised public hearing held on October 12, 1989. 14. Review of plan and finding of noncompliance. After reviewing the adopted plan the Department issued its notice and statement of intent to find the plan not in compliance, and filed the petition in this case to that effect. 15. Standing to file notice and petition. The Department met the requirements of Section 163.3184(8), Florida Statutes, because it participated in the adoption public hearing and based its determination of compliance and its notice and statement of intent only on its written objections and recommendations to the plan pursuant to Section 163.3184(6), Florida Statutes, or on any changes made by the Village to the plan as adopted. 16. Negotiation of agreement; intent. Subsequent to the filing of the petition the parties conferred and agreed to resolve the issues in the petition, notice and statement of intent through this agreement. It is the intent of this agreement to resolve fully all issues between the parties in this proceeding. 17. Dismissal recommendation. If the Village completes the remedial actions required by this agreement, including the adoption of required plan amendments as set forth herein, the Department shall request that the Administration Commission enter an order dismissing this proceeding without imposing any sanction that might otherwise be imposed under the Act. Thereafter, the Department shall take every action necessary to effectuate this 5 paragraph. 18. Filing and continuance. This agreement shall be filed with DOM by the Department after execution by the parties and shall constitute a joint request that DOM continue this proceeding for a time sufficient to allow the parties to complete their responsibilities under the agreement. However, the Department may request DOM to schedule a hearing of this proceeding at an earlier time, as provided in this agreement. 19. Retention of right to final hearing. Both parties hereby retain the right to have a final hearing in this proceeding and nothing in this agreement shall be deemed a waiver of such right. 20. Description of provisions not in compliance and remedial actions; legal effect of agreement. Exhibit A to this agreement is the statement of intent and contains a description of the plan provisions found not in compliance by the Department and remedial action needed to bring the plan into compliance. It also constitutes an admission and stipulation by the Department that if the described remedial actions are accomplished the plan will be in compliance. Exhibit B contains additional detail regarding some provisions not in compliance and remedial actions needed for compliance. In the event of a conflict between Exhibit A and Exhibit B, the provisions in Exhibit B shall control. 21. Remedial actions to be considered for adoption. The Village agrees to adopt by formal action of its governing body 2.1 all remedial actions described in Exhibit A (as modified by Exhibit B) no later than the time period provided for in this agreement. 22. Transmittal hearing for remedial actions. Within 60 days after the effective date of this agreement the Village shall deliver to the Department, after a transmittal public hearing pursuant to Section 163.3184(3) of the Act, all remedial actions, including all remedial plan amendments and support documents, along with a transmittal letter describing the remedial action taken for each part of the plan amended, including references to specific portions and pages. 23. Review of transmittal. The Department shall provide the Village with its objections, recommendations and comments on the remedial amendments and support documents in the manner provided in Chapter 9J-11, Florida Administrative Code, and Subsections 163.3184(3)-(7), Florida Statutes. If the Village fails to deliver or rejects any remedial plan amendment or support document described in Exhibit A or Exhibit B, the Department may move for a final hearing for this proceeding as provided in Paragraph 19 above. 24. Adoption or approval of remedial plan amendments. Within 60 days after receipt of the Department's objections, recommendations and comments, the Village shall consider for adoption all remedial plan amendments and amendments to the support document, and deliver the amendments and a transmittal letter to the Department as provided in Subsection 163.3184(7), 7 Florida Statutes, and Rule 9J-11.011(3), F.A.C. The letter shall describe the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 25. Review of adoptions and notice of intent. Within 45 days after receipt of the adopted remedial plan amendments and support documents, the Department shall issue a notice of intent pursuant to Section 163.3184, Florida Statutes, for the complete comprehensive plan, as amended, in accordance with this agreement. a. In compliance: If the adopted remedial actions are consistent with the recommendations in Exhibit A or Exhibit B, the Department shall find the plan and plan amendments in compliance and shall request that DOAH relinquish jurisdiction and join the Department in requesting that the Administration Commission adopt a final order dismissing this proceeding. b. Not in compliance: If the remedial actions are not adopted, or are not consistent with and substantially similar to the recommendations in Exhibit A or Exhibit B, the Department shall issue a notice of intent to find the plan not in compliance and shall forward the notice to DOM for a hearing as provided in Subsection 163.3184(10), Florida Statutes, and request that the matter be consolidated with the pending proceeding for a single, final hearing. The parties hereby stipulate to that consolidation and to the setting of a single, final hearing. The Department may also move for a final hearing of this proceeding as provided in Paragraph 19 above. In any proceeding under this 8 paragraph, the Village shall have the burden of proving by a preponderance of the evidence that an adopted remedial action is consistent with and substantially similar to the recommendations in Exhibit A or Exhibit B. 26. Waiver. The parties waive any right to appeal or initiate proceedings on, or to otherwise challenge on any ground in any forum, the plan as amended, so long as the provisions of this agreement are complied with. Both parties reserve the right to appeal the inclusion of any amendment to the plan that is not included in this agreement. 27. Concurrent amendment. Nothing in this agreement shall be construed to prohibit the amendment of the plan concurrent with the adoption of this agreement. 0 This agreement contains all the terms and conditions agreed to by the parties. In witness whereof, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Thomas G. Pelham Secretary Date Senior Attorney VILLAGE OF TEQUESTA Date Attest: Village Clerk Village Attorney 10 EXHIBIT "A" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: VILLAGE OF TEQUESTA COMPREHENSIVE PLAN ADOPTED BY ORDINANCE No. 391 ON OCTOBER 12, 1989 DOCKET NO. 89-NOI-5037-(N) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find the Comprehensive Plan of the Village of Tequesta adopted by Ordinance No. 391 on October 12, 1989, Not In Compliance based upon the Objections, Recommendations and Comments Report issued by the Department on July 11, 1989, which is hereby incorporated by reference, and changes made to the plan, as adopted, which were not previously reviewed by the Department. The Department finds that the plan is "not in compliance," as defined in Section 163.3184(1)(b), Florida Statutes (F.S.), because it is not consistent with Section 163.3177, F.S., the State Comprehensive Plan, the Treasure Coast Regional Policy Plan, or Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: I. WATER CONSERVATION A. Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The plan does not adequately address establishing and utilizing potable water conservation strategies and techniques, as required by Rule 9J-5.011(2)(c)3., F.A.C., because it permits potable water consumption at excessive levels. The provisions of the plan addressing water conservation are not based on adequate data and analysis. Rule 9J-5.005(2)(a), F.A.C. 2. For the reasons cited above, the plan is also inconsistent with the State Comprehensive Plan Policy (8)(b)ll to promote water conservation as an integral part of water management. Rule 9J-5.021(1), F.A.C. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Adopt provisions adequately addressing water conservation, including reducing the level of service standard for potable water or otherwise limiting the amount of potable water used by the Village. II. CONSISTENCY WITH REGIONAL PLAN A. Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The plan is in conflict with and does not further the following goals and policies of the Treasure Coast Regional Policy Plan (Rule 9J-5.021(1), F.A.C.): Goals 8.1.1 and Policy 8.1.16 (water conservation); Goals 9.2.1 (ensuring function of 2 K marine and estuarine resources); Goal 10.2.1 (protection of endangered and threatened species); Goal 10.1.2 and Policy 10.1.2.2 (preservation of native habitat); and Goal 16.1.1 and Policy 16.2.1.2 (environmental assessment for decisions with potentially adverse ecological or environmental impacts). B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to include specific objectives and policies for the protection of natural resources, particularly the manatee, sea turtle and scrub habitat. Plan. CONCLUSIONS OF LAW 1. The plan is not consistent with the State Comprehensive 2. The plan is not consistent with the Treasure Coast Regional Policy Plan. 3. The plan is not consistent with Chapter 9J-5, F.A.C. 4. The plan is not consistent with Section 163.3177, F.S. 5. The plan is not "in compliance," as defined in Section 163.3184(1)(b), F.S. 6. In order to bring the plan into compliance, the Village may complete the recommended remedial actions described above or adopt other remedial action that eliminate the inconsistencies. 3 j Executed this --JPJ day of November, 1989, at Tallahassee, Florida. Division Director Division of Resource and Management 2740 Center -view Drive Tallahassee, Florida Planning 32399-2100 4 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE VILLAGE OF TEQUESTA COMPREHENSIVE PLAN NOT IN COMPLIANCE DOCKET NO. 89-NOI-5037-(N) The Department gives notice of its intent to find the Village of Tequesta Comprehensive Plan, NOT IN COMPLIANCE pursu- ant to Section 163.3184, F.S. The adopted Village of Tequesta Comprehensive Plan, the Department's Objections, Recommendations and Comments Report, and the Department's Statement of Intent to Find the Comprehensive Plan Not in Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Office of Village Clerk, Village Hall, 357 Tequesta Drive, Tequesta, Florida 33469. This Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Administration for the scheduling of an administra- tive hearing pursuant to Section 120.57, F.S. The purpose of the ad.-.inistrative hearing will be to present evidence and testimony and forward a recommended order to the Administration Commission. Any affected person, as defined in Section 163.3184, F.S., may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the date set for the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S. 4 ul R. "Bradshaw, Director Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 Exhibit A