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Local Planning Agency_Documentation_05/10/2007 (2)
~ASSOCI.ATES VILi;,,~GE OF 1'E~tt1~STA MAC 1 9 2007 ®l:~~l~~l~nl_~NT ~i= c!ty; (~ic~nniitt,~ f}~ ~t±rlirit.) + I<~b~inC~ • ~~rmlCk~~t] + ItlI~C1 ~V~it?~ill~flt r-WS~tfCl1 CO11~1M11N(T~ '-vNMENT FAX To: Catherine Harding.l7irector Departntcnt ^f Community I?tvclopmertt- From: Sack L. Harreuaan, R.li A~SOCiat `Fawn planrrirtg Consultant Rc: 'Samples - EAIt Notice of Heau~ing, Proof of Notice, Resolution end "CitiDea Courtesy" Sign-In Sheets Dale: March 17, 2{ltf7 # ttf 1'gs. 7 (it1C. Cover) Submitted fttr your inforruatian end rcuicw ~ S~srngles firm listvcrhill and 7rtsxy Beach of Notice of Hearing to ado the LAIS, Proof Of Notice from Newspaper (NU'Ti~: tstus# be 3dv~l _~~~; and Resolution to t tltc SAR, Yau will pr~obabiy warn to run tttes~e iry the Village ~Attorn+~y i'or serfl'n'icncy. Before arty of this i$ done. however, we nt~d W talk about mtxtings gore fire public hearings. ley the way, both Itte t,ocal PLtnning AgCnc_y (itt TegtYs , the VillagC C~xrncil) and Village Covt~cil new tty hold public hearings. Also provaided are Samples of "Citixeta Courtesy" Sign-ln Shad that should be made available at Bch of the public parings; one (I) each for the I.PA and Council public hearings anti idcntif eti as such. tJope this is hetptnl. As you tcsu3va, l will #~ out of ww~ fmm March 2a -April 3, 2tltt7, if q's, call cetc F? ,57 ~ E ~C~CflfllJt `~t • ~t~l:x>, `~tttttt.'~. ~~ i`:~~~ ~ ~'~~-~•~5-~4~~1 + ~ C7S ~ /~-~~4`~ :~4~1~, ,,,~ Z abt'd SQfiiZ~b~cLL d£b=ZO LQOZ'LZ 2i:~fnl J t~L' 1"f~l~lYi liL'At~.:h lt'V~ J 1'ul>t,shect [).iil}' ~:ntt Sunci~Y Wcyt E~al,n t4c~a4h, 1'atrti licach C=c~w7ty. f~tt,rida PIt+QC?~ U~ ~'UBLICATiON aA iVl $F'Al'H fined authe~rity ~erst>nally appeared Kristi Marrow, wttc~ can ~7c~ttt rstortter Service Suporvisor of The Palm lieaett Post, a daily and published at VI'est Palm Beach in Palm Beach County, Florida; that if adveiKisir~g for a Notice in the ,y7at[er of $~r q~~t~,,,~Q~Q~ aid news{~apc-r in the issues c,f AnriJ 17. 2t)06. Affiant further ate Past is ,~ ne~vtipapcr puhlisheci at West Palm t3cach, in said Falm rids, and that the said newspaper has heretofgre been continuously aim F3each County, rlnrida, daily and Sunday and has teen entered it matter at the pest tffice in West Palm Beach, in said Palm Reach ~r a period of one year next prcccciing the first publication of the Ivertisetnent; and afftant futYhrr says that shclhe hex nciiher paid nor an, (irm qr Corporation any discOUnt rebate, comrnissicsn or refund :.curing this ad~•crtiu-ru:nt fir publicatinu in the said newspaper. ~._ rifted t~cfore t7~' ciay ref Aprii A.I). 2tX}Ei _--~~,~~ : u, Proiiucecf t~iendfieati,~n .. ___.~ -- ~ Produced--- ..---_---..... __ ~.. .I C 5TAT~ OF pI.ORIDA ctett ,~. Maxfield mission ~ IlIlS28b8s res: 1~1AR 14, 24~d .~gn;ic Boedlrtg Crz., b~c. ~, ~`~ ~~~~ ,c~ u ,,~ ~~u. `tv.svvv NaTIGE ~F PUBI.~C H~ARIN~S F~~ THE PR~JP~~I~ EYA~.UATI~ AND APPRAISAL a~P~RT CAF TNT TC>'V11N ~F HAVEI~HILL CC~iMIMPREH~NSIV'~ PLAN rc~ naE cros c~ n~E ~raw~v ~ wav~~~~u-, FLtNtII~A: ro nul. PARTlE5 tN INTEREST ~a TtJ Au lT tt+~-~ ~t~NCfRN: pose hales nacre tha# Public Hetrrings will ~ Feld qt the Yi~wn Coun~ci~ Chambers, 45~a +Chtzrlotte Street, Town of Htrverhill, Honda on ~! 27,200f, at b:5~ p.m. beFore the Town Ctrunci! Acting ras the loco) Pltanning Agency, rx~ at 7:t~lp.m.by the Town Council as the~avernrng bc}dy yr as soon ps may be heard, an the 4~ollowing ppblication_ RE~1 1+11'), ~o06-tDb A REStklitilClN t~ i1# TtyWN CGUNCY. GF .~E TCYWN QF t~ANERHNI, ~~. A170PTING THE tavuuanc~ r'1ND APPRAtSAi tltapoirl' t'QR 1'HE COMPREHEN3IYE PLAN O~ T4# 1'G1NN {1rr t1A-vERrttu; sTwTt1~ Tf1E tP1TEtdT t>Kf Ti1E TOW1~ GOUt'k11 TQ iAMEtrD THE GO~MPitElittT'1StYE P4AN B/~SED !!F'CA1w1 RECQtr+iAtENDATt1~15 Gt3NTAt1'~~ tN T1# REP!'Hr1~ ANR ARPRf~Y~ 71tA1'1tiMC11'l~ ~ YHE R>rFfORT ~4 THE r~P,ARTlHt~NT ~ tOt~Ag1171iiTY A1~A~ IN,ACCf~IWCE 1AIRH.5~EC1'1Q~t"1 1+63.5191, taLt~It1GM STA'1UiFS; ANrQ t'k4Vlt,?1146 WR ~ EFFEGTtYE DATE. This trvpluatittrs and Approisa# R Tai ~erk$p bxx i'he publie tat the t~ffice aF ~ between the Chartofte Street, Haverhill F!a hours of 9:t70 ts.rri: and 2:OQ p.m,, Monday thr`a,gh. Friday, eiccept lea! holic3ay`s~_ A!! interested parties afE: ertto+lrag+9C! b come b the ;'Ublic t"~$Orings o~ j be heard. At these Public Nenri s the Local Planningg Agency and/ar Town Cat,nci! wil~ear a!! evidence sand prgumertts in support or in opposition raF this item. Arryt>t're desiring to appeal a decision of the presidiryg body on matters consrdered at this meetingg ar this hearing wil! need a recorcF of the proco~ing.ll~eeyy may need to enscrre thaat a verbafim record is made, inciudin the testimc~nY and evidence on which the clpp h lQS s ~- The Town aF Kavarhi3i draw not provrde sue The above iterrts(sl may be pr-stponed or withdrawn without poor notice. lF ydu h©ve any questions, lease do nv# hesitate b call the Town ctt (bbl) d89-037• ,Ionics ~.. Rutan pt~B!lSH; April 17, 200b Z abed ~©6Z565ZLL d£ti=ZQ LODZ'LL lI~dGI NQTICE CIF Pt3BLIC I#EARIN(iS ~`O~t'1'HE PROPC)SEI~ EVAI~[lA'(7CIN AN u ,a PPI2AISAL REPt3RT f~F THE TOV1~lV ~F HAVEitHILC. CO>ti1PRFHENSIVI+, 1't.AN 'i`O TIIE f'.i't1'LENS [~F THE TOWN OF f~AVERHIi,,L, F(.,OR[DA: 'i'O ALL PARTIES IN tNTF,RF57' ANt~ "CO ALL I'T' MAY t=t)3VC.ERN: Please tape nratiCe that Public Hearings will be held at the Town Council t:harnbers, 4585 Charlotte Street, Tc~~tn of llaverfrill, Florida pn Agri! 27, 2i>06 at ti:50 p.m. before tl~e 'I'c»~rn Council acting as the l.pcal Planning Agency, anti st 7.00 p.nl. by the Town ~`c~uncil as the governing body or as strop its may be herd, utt the following application: RESOI,..li1TIONHCI. ZtlCl6-{ib A ttl~;SOLUTIOIrI C)>F' THE TOWN COIiNC'1L OF THE TOWN Ol HAVERH1:ll.)L,, FLURHIA, ADOP'I7NC~ THE >~;VALUA"1['iQN ~ANIu APPRAISAL REPORT FOR `I'IE~E ~Ol4IPREHENS)EVE PLAN ~)>h" THE TCIWIV ()F IIA'VERHII.L; STA'V'ING THZ+r tl1lTEN')1' ~F TAT T(IWN CC7L1NC1I. TO AMEItiiD 'T"NE C03NP>II;EHENSIVE PLAN BASED UPON RECOMMENI~A'E')ONS COI+lTA1NED 1N THE REPORT; ANTS AF~'ROV~IG TR~INSMI'V`TAL t)F TfrlE REPORT TO THE I}EPARTMEIVT O)F COMMUNITY AFFLS fN Af'CORI)ANC'E WTTIi SECTTCIN If,3.3191, FLORIDA STATUES; AND PROVIDING FOR A?'~11wFFECTIVC DATE. This Evaluation anti Appraisal Report may be inspected by the Ixablic at the office of the Town {~lerk, 4585 Charlotte Street, Haverliilly Florida between the hours rsf 9:00 am. and 2:(10 p.m., Monday through Friday, except legal holidays. All interested parties are era;ciutaged to come to the t'ublic Hearings and be heard. A.t these Public Hearings the l.,o~i Planning Agency and/or Town Council will hear all evidence and argtrments to support or in rrppasition ofthis item. Anyone de~~ning to appeal a. deasion of the presiding body on matters considered at this meeting ar this hearing will need a record of the Proceeding. They- may need to ensure that a verbatim record is made, includir~ the testimony and evidence osa which the appeal is based. 'the Tuwn of Haverhill does not provide such a record. "1'he above items{s) mxy be postponed or witlx~rawn without prior notice. if you have any questions, please da not hesitate to call the Town at (5t~ 1 } t~89-O;t 7tl ianice (:. Rr_ai.an I'tjblish: ;'~prii 17., 2{)0~ ~ abud StlbZ56SZLL d£~~ZQ LdQZ'LZ 2I~frI ~C~~~imo m ~`y ~~ ~ ~---.~' ~~ e~ ~ a ,:~.:. UEaxLLEEG'~ .N.. o ~_'_= o M-Q _m z ~ o~~ ~ o ~~~' d ~~ ~~ O $~ -tt ~ yty ~ ~~4-~ O ~ r~l7Yr S 7G .~ ~ ~ k 6 U m_4 ~ a' -~p ~ c $'D,~t'S. ~L as~N OlJSe ~p~,ts~ ~'W~, a ~"~'~ $ d ~ ~'~~~ ~ ~ U~~$ ~~ ~ m „iM'.~ ~. ~ ~ ~ 0 8 F c r~ n „~. µt '~, ~~' ~~~y~~Ql~~~ Z ~~e.~~t~~p~,~~m p ~d a„'e~~~~:.~4'i7 +~.. Qmw~w~© •'""~~G pp~ N-Q~* '~Y~.G~~.~~iYd~.iWt?'a r~i, a ~ CfQ ~, m-T3 - ~ p '~ '~+ 6 -O ~'~ °~ S ~~~ g ~ c~ g s ~-~'~ ~` - T7 ~.ry ~ ~ 4 a>- . m•a '3 d r-C~~~~~~~ ~ _.. _~S ~r~ m m a m ~~ ~ m-~~ ~~ i ,~ ~ C v ~ ~ ~ ~, ~ ~ O o a ~ r 4p ~ Cam W~~ ~~ ~v ttt ~nN s ~ ~ ~ c a ~ ~Gy q, 44~ ~ U~. ~"ryL C, .,,~ 1 / Q O ~-~ ~~'~ ~j a~ '9 mC m~'~ j ~]~ j~ ~ QC~ 5~af°.01.aaII O. ~ ~ tr. w 4 rg ~'J }`V c ; Y+I ~ lay a1~E ~ a;~ ~~ n Qr'~ A+h E G a F ~~ ~ ~ ~ ~.~ ~~~~ o ~ °a :_ p O'O '~ 4 n.G ~ m ~~~ `~E~'Q ~ c~ ~ ~ -~-W "-~^ ~~c `'~GE$~ti~ .cc~~ 0.2"c~~P 4 ~ sac iY C ' ~" C 06 _ v _ hum 7 ~ {~~E Qu. .4~ ~ CG N~ Y. p~' ~~o: ~ a+v~~a ~a m~W'C R~'rt r. ~ .Y.L~~ G 0.u ~ ^ Etna ~' ~ d• ~W~~~~~~Y~~~~~ e r ~„ 3 a~u~ai Cyr~~aLOn~. ~d ~~j} 2 m'..4VC ~~ ~ "3"~jUn~-„F.o~V.4~pgw~ W~~~~~a.~aCV~~¢C"7 V1 Uq va 47 :. K W } ,n Pti f.~i^ 4 v~J 1! i 1 k i ti~ ~~ ~~ N N ~ ~ f 0 a ~ ~# 'G a.''? b~ _ ~ 9 S TJ ~ r- 4 %~ i C ~ C ~ ~ ~F ~ ~k yy•~~ yu i~~b~ ~ ~~ ~S y iR .. a ~L e.~~ 4 .i (4 ~'~ ~~~ ~ abed 50bZ~b5ZLL d66~ZO LOOZ'LZ 2iKW Please take notice that Public hearings will i>e held ax the Tavvn Cou~il Chambers, 34U C~ccean I~rivc, Towa~ of June Beach,l~iQrid~a can June 5, 20tt£ at 5.30 pm before the ~'l~uling 8c Zoning $oaard acting 3s the I.rc$1 Planr-ing .Agency, and nn June 14, 20{}6 at x;30 paw before the 't'own. Caimci3 as ~e gt-ve~ing body oar as soon. as txtay be hard, o,ta the follt~wing applic~ioaa; G 8~E{~ RE~OLI?`I`lON NO, 2D(16-1 i ~1 SOLUTION ()F'I'.HE TOWN COUNCIL OF THE TOWN OF 3LTN0 BEACH, FLOkI'DA, ADUPTiNG THT EVALOA'x'ION III] ,APFirtAISA~. DEPORT FOIL, '~'~ COMPREHENSIVE PLAN O)~ THE TOWN OF JLiNC1 IIEACH; STATING TI~.E INTENT OF THE T{iW1Y ~QI)NC"lL'~'O Afi1~ENl) Tl<I-E COMP`>EtEHCNSiVE ALAN BASED UPON REOOE]-NIl4Hs'.NDATI01rIS CONTAINED IN T~L~ C~~'ORT; AND APPROVING T~tA,NSNIiTTA~ OF THE RE~'ORT TO TAE DEFAR'I'I~iENT OF COIi~~ITIF AI{ FAIRS IN ACCf?RDANCE WiTIEi SE+C"TIUN I~3.3191, FLORIDA STATIITES; ANI) PRt]-VIrDII+tts FOR ANT EF~`FC'TIVE DATE. This Evaluation and Appraisal Deport may he inspected by the public at the office ot` the Town Cleric, 340 pry L}rive, Junv Beach, Florida between the hours of 8:00 am and S:DO pm, Monday through Friday, except legal holidays. All interel parties are encouraged to come ~ the Public Hearings and be heard. At these l="ut~lic llearia;ags the Local Pla~nnir~g A.geaxy ar.~dlc~r Town Council will hear a}! evidence arguments in support oar in opposition of this item. Anyone c}esiring to appeal a decis3Qn cif the paresiding body an mutters considered at phis mfg ar this hearing witl need a~ rect~rd of the praceedi>7g, They may need to ensure that a verbatim racord is made, including the #~estimc~ny sud evidence an which ttae appal zs based. The Town of June Hem does not pr~rvide such a rera~i. T1ie above itexns(sj may be pc~stponecl o>; witlidrav~ao~ withts~4 pa~-t~x nt~~.ce. if you eve any cltiestions. p}ease do not hesitate to call the Tnwzt at (56l) ~~~-112, Publish; Palm Beucb Past ;Dli~spl+ayy Se/~cJti~onp~ /~ ~y /~(~r SYl3ly 21, 2004 l1{. ~~.~ 30, 2006 SDbZ~65ZLL dl7b~~D LDDZ'LZ 2i'~'I~I "EI'AI.UAfiffItVANf?Af'PRAfSAf. REPf1RT" 4'= - ci _ ~ _ of the ~o-Me~~#,lex age, Ftvrida Comprekensiue Plan ~ ~~ PLTI3LIt'III~•lRl'4U ehruc~~ 7, 2007 "CITIZEN Ct]URTESY" SIGN-IN SHEET NAME ADDRESS 2. ~. 4. 5. fr. 7. f~. s~ ~~r, g abed 5©fiiZ~6SZLL d~i6~Z0 LO~Z'LL 2[Kfrt "~~Al U,~T7DNANlI ~PFRA,~S,4L R~IRT"' 39~-~--6inri~Iu!'g~, 1FYruv~'a Co~p~ehc~vc Plop NAME 1. 2, 3. 5 f~. 7. ~. 4 t ~-I..i} ~ L: ~c:nr~~~i=t~.~~r~c' HF~rrf~vr~ ~____ ~ :, "CI'I7Z,I~N C~UR7~SY" SIGN-iN 5~~~7 AIIDR~SS ~ abed 50firZ~65ZLL dfii6=Z0 L002'LL 2i'd[~I E 3 U ~L E .~ 0 J Statutes & Constitution :View Statutes :Online Sunshine ~e year: 2006 The 2oob Florida 5~~~te Go Page 1 of 5 Title Xll Cfr~ter 166 View Entire Chapter MUNiCIPAE~ITIES NF~.I I~L~QPALITIES ~ 1 b5.041 Procedures for adoption° mtf e . es and resolutions.-- (1) As used in this section, ttte fdtl~avviir~>,vrondi~ aired terms shalt have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance" means an official legislffti+~e actiion of a governing body, which action is a regulation of a general and permanent nature and emfii~*ce1e as a local law. (b) "Resolution" means an eessinn3of aigpv~eing body concerning matters of administration, an expression of a temporary charar:;, ar a~ provi9~€- for the disposition of a particular item of the administrative business of the governii~; b~adyr. (2) Each ordinance or resolu# shail't~~ 3iluced in writing and shalt embrace but one subject and matters properly connected ~itfi:.l~te,suti~ct shalt be clearly stated in the title. No ordinance shalt be revised or amended t~yC refere~~¢a~ tn;itts;tctle only. Ordinances to reprise or amend s#~t set out ira full the revised or amended act or s,~tidn or subsection or paragraph of a section or subsection. (3)(a) Except as provided in paragrapfr~ (ct. a proposed ordinance may be read by title, or in full, on at least 2 separate days and shaEi„ at l~ it~d~ 'tom ~ , ~ ~tiiced oaace ~ a ~ general circulation in the munii~ij~allt~?r.Tffe ssa~iice of proposed enactment shaEE state die date, time, and place of the meeting; thetithe= oa fitters: of` prroposed ordinances; and the place or places within the municipality where such prop.': ordiiranc~ may be inspected by the public. The notice shalt also advise that interested parties: a}~pear alt: ~~ meeting and be heard with respect to the proposed ordinance. (b) The governing body of a; rnurr~icipalitt~r,~ magic, Eby atwo-thirds vote, enact an emergency or e without com~[ying with the rii~ements,af paiz.rgratth (a) of this subsection_ However, no emergency ordinance or resolution shall= l~ erract~d'~+rriibt'r~ «estabtsl~es or amends tfie actual zoning map designation of a parcel or parcels of Eanrf or t~atl:ctisrtg~ ttiie actual Eist of permitted, conditionaE, or pr - cxsres within a zoning category. Ernerg~ncy, etlac~nemt procedures for land use plans adopted pursuant to part N of chapter 1b3 shalt be pursuant tc~ tfiat part_ 2(c) Ordinances initiated by~ot#rer th~~th~mu~nicipality that change the actual zoning map designation of a parcel or parcels of ~ t-_t~~~c:~d~Q-~rxsant to paragraph (a). Ordinances that change the actual list of permitted, conditional=, car p~obr`Etzited uses within a zoning category, or ordinances initiated http://www.leg.state.fl.us/~tatutes;/index.cfin?App_mode=Display_Statute&Search String=... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 2 of 5 by the municipality that change the a+~ffl~, ~:rira~ ~rnap designation of a parcel or parcels of land shalt be enacted pursuant to the following pro.~edure: 1. !n cases in which the proposer or, ~ ~ F ~ dhr~es the actual zoning map designation for a parcel or parcels of land involving less tip 10' ~u~, ages, the governing body shall direct the clerk of the governing body to notify by merit rat ~~+ owner whose land the municipality will rec~signate by enactment of the ordinance artd whose address is known by reference to the latest ad valorem tax records. The notice shall state the sulha~arrce~ cuff tHr~ proposed ordinance as it affects that property owner and shall set a time and place fiart cane= a>T rare public hearings on such ordinance. Such notice shall be given at least 30 days. prime' tcs. tie date sit for the public hearing, and a copy of the notice shall be kept available for public i .~ dLtttii t+~he regular business hours of the office of the clerk of the governing body. The governing, st4~t: b a prJbtic hearing on the proposed ordinance and may, upon the conclusion of the hearing, immedi~,tety adopt the ordinance. 2. to cases in which the proposed ®rdiiaarsct~ ct+r~~res the actual list of permitted, conditionaE, or prohibited uses within a zoning categgry„ or cttan~es ttte apctuat zoning map designation of a parcel or parcels of land involving 10 co _ ~, ~t~ oar-rage, the governing body shall provide for public notice and hearings as follows: a. The local governing body sib I~tldi t~vvm; actuelrt:~sed pu~tic hearings on the proposed ordinance. At least one hearing shalt be held afttetr g+pm~. ortta.wreetcday, unless the local governing body, by a majority plus one vote, elects to c®ndi~ci* tit f5r~ring at another time of day. The first public hearing shalt be held at least 7 days aim t dh~i t#i~ tf~ first advertisement is pubti~ed. The seca~ shalt be held at least 1tJ days a~t+es tfte: first; d~reariig and shall be advertised at least 5 days prior to the public hearing. b. The required advertisements styli; b~ nta; Cesg,>han 2 columns wide by 10 inches tong in a standard size or a tabloid size newspaper, and the Itieadl ii±r~ tthe advertisement shalt be in a type no smatter than 18 point. The advertisement shat.[ n~ be: pih¢eet iisr~ t~kaat portion of the newspaper where legal notices and classified advertisements appear_ The~aadv~isetaanent shalt be placed in a newspaper of general paid circulation in the municipalitye aand ~ ~~~ iiaC~rest arrri reader; ship iao the cnunici{~atity, t~ erne a~f limited subject matter, pursuant tug chapter 5~, Itt is the legislative intent that, whenever possible, the advertisement appear in a er ~at'* is: published at least 5 days a week unless the only newspaper in the municipality is published lies t#Y$m:~di~~ a~ aweetc. The advertisement shall be in substantially the following form: t~!O'1'TC~ aF (TYPE OF) CHANGE The (name of total governmental unite prop[ag~: taCFi a~4~;t the following Ordinance: (title of the ordinance) . A public hearing on the ordinance wilt: be Nretct orr (date and tune) at (nesting place) . Except for amendments whicl~± ¢~ange ~e a~tJat~x list of permitted, conditional, or prohibited uses within http://vrww.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 3 of 5 a zoning category, the ada;e~iinenrs§iait ~ntain a geographic location map which clearly indicates the area covered by the pnc~paasedordiirar-e~. The map shall include mayor street names as a. means of identification of the general. area: c. !n lieu of publishing the: ad~egtis~nerrt!.sen out in this paragraph, the municipality may mail a notice to each person owning reef prr$perty:wilfiin tl`te area covered by the ordinance. Such notice shall clearly explain the proposed ordinance sti nc~t-fi y r~h~~ 5c;im~ mia trfi~ time,, igloo, an-c~ tm,~ajtimn~ mfr areyy parblicc hearing on the proposed ordinance: ~~I) ~. e~aa of td~ to ~ ~ofi tlt~ ~xgnming body shalt constitute a quorum. An affirmative vote of a ma}ority of a quorum prey is ne~ess~y. t~ acct a~ or - e =ar ~ y ; e°z~cept float two-thirds of the memlaers ofi tt~ tad' i*~ , " -.~ tom, ~aattb: ats{ err' e~lirtairr~. (inn fanalt passage, the vote of eactr::rrr~otrttie'i body voting shat[ be entered on the official record of the meeting. All ordinance mr resr-iutia~ passed by the governing body shall become effective 10 days after passage or as othereaui provid~di Gi#rer=rein. (5) Every ordinance or resolutidrr:stiail. upurn its final passage, be cecorded in a book kept for that purpose and shall be sig.~med by t>tie°pre~idi~rg; officer and the clerk of the governing body. (6) The procedure as set:fiarthherein stiaili constitute a uniform method for the adoption and enactment of municipal ordinances: arrd resvitrtiaars:a~i shall be taken as cumulative to other methods now provided by law for adoption and; ena+etment ~ rnuniiripal ordinances and resolutions. 8y future ordinance ar charter amendment, a murri¢ipalit6}y,~sp~cify additional requirements for the adoption or enactment of ordinances or resolutiirres~ar pffes~riiie-prCedures in greater detail than contained herein. However, a munidpality shaft not have the-€~7_. ar au~r ~ tom} mrr n €ri cmfr t~ s+~t~mr or other requirements as provided! f~~, goal law. (7) Five years after thea~t~tianoff~yic~r~iinance or resolution adopted after the effective date of this act, no cause of action. s#call~, tie=arritmen~{ as to the validity of an ordir~race or resolution based on the failure to strictly adfrer~ tt~ thre-prGVixitms ~ ~ in this sec ` 5 yes„ compliance with the pnaui~i~ns~~c~¢rtninectiiin this section shalt be a defense to an acti-on to invalidate an ordinance or resolution~ft~r fhilurettr.cmn~iir witfo the provisions contained in this section. Without limitation, the commosr=thrx doctrihes:of`l~ci~s ar~d waiver are ~t~ rtes to + a~ti®n ci:rall the validity of an ardin~ce ortresa~trl#an~~ki~ased c~ failure to strictly adhere to the provisions contained in this section. Standing to:initiate _ar;clia#t+~r~ Ito tR~ - ~ an ~rdimasrce ~r ~resolc~Pti®~r based e~ro a failure to strictly adher~~tta;ttie?pffasvsianx~ contained in this section shall be limited to a person who was entitled to actual or cnnst~uctfve,°nm~tlr~att the time the ordinance or re~sotution was adopted. Nothing herein shall be construecN t,o affect the ending requirements under part II of chapter 1b3. (8) The notice procedes r~eggiredY Iby t:triis section are established as minimum notice procedures. History.--s. 1, eh. 73~1Z1;. s. Z eh 7~-1~; sy ~, ,rh_ ~7-3311; s_ ~, 1~-~~tt; s. ~, ch_ E3-3iylr s- ~, ch_ 95-198; s. 5, ch. 95-3Ya. http://www.legstate.~Il.us/startutes/index.cfm?App_mode-Di~play_Statute&Search String=... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 4 of 5 Note.--Section 3, ch. 95-31:©. {~rovid~;ttial? '[~'#` any ordinance or resolution was adopted prior to jJune 15, 1995] and the appropriates~s~ian;of3 s..1r5~6.f14~, Florida Statutes, v~cas not fo~lla~aaed, but tt-e municipality followed the pro~ereaf`suYs~i (2) oc subsection l3) of s. 166.041, florida Statutes, as they existed at the time of tit~~ a~doptiirn~of suuch ordinance or resolution, the procedures used for such ordinance or resolution are l~reisry vai,id~t~d! and ratified_ This section d~ n&st a~pty t4 any lavrsuit pending on [June 15, 1995j.° 2Note.--As amended by s. 5~. ~E. ~i31xli T[liiaavicersion is published as the last expression of legislative will (see Journal of the Senate 139: p,1'l31~ . atrdiliournal of the House of Representatives 1995, p. 1129). Paragraph (3)(c) was also amended f s,. 2,- cfr. 95-198, and that version reads: (c) Ordinances initiated by tli~g~v~nirr~t#rrdj~- or its designee which rezone specific parcels of private real property or which substarnt~~lly,~~dlag-g~-ln~mitted use categories in zoning districts shall be enacted pursuant to the following procedure: 1. !n cases in which the prapos~i` rezoniir~;ar change in permitted use involves less than 5 percent of th,e total. land area of the rnunii¢i~it~r ttl~~nweming body shall direct the clerk of the grnreming body to ratify by mad each neat. r tg~rnen vsdtif~ farad the municipality will rezone or whose land wilt be affected by the change in p~tedi us~~ tDjr er~ctment of the ordinance and whose address is known by reference to the latest ad ~ca~remi ~~ cnr~.. The Mice shalt state the substacice of t#-e proposed ordinance as it affects that per:; ag~°i ~ a ti~ree aged iii ogee ~ gg1~6e ~u~#titc hearings on such ordinance;. 5hda natic~s#iaii:tbe given at least 30 days prior to the date set for the public hearing, and a copy of tic-nat4ce=s#iall;; ttse kept available for public inspection during the regular business hours of the office: cgf die atd~:efi lfte} goverua~g body. The govemi~g body shalt hoAd a public hearing an the proposed ordinance arrd may„ upon the conclusion of the hearing, immediately adopt the ordinance. 2. in cases in which the pr!ap~edordinan~ce dfeals with more than 5 percent of the total land area of the municipality, the govern b:m~;- shaitc~ pr,~vide for public notice and hearings as follows: a. The local governing bode slitiuitf~tyvo>adivertised public hearings on the proposed ordinance. Bath hearings shalt be held after 5i ~_mt.~ja~weeitday, unless the local governing body, by a majority plus one vote, elects to conduct ome ar? tisriti,af'tfi~se hearings at another time of day. The first public hearing shalt be held appiiggatel~;Td>af~er the day that the first advertisement is published. The second hearing shall be hefCf: apprcnceiinaEt~ly; Z weeks after the first hearing and shall be advertised 5 ~ e'iti= ~. The day, time, and place at which the second public hearing will be held shall ~ aunred at. tNr~e first public hearing_ b. The required advertisemmgi~atiadtI~na.;t~ss than one-quarter page in a standard size or a tabloid size newspaper, and the headline iir,the adir~tisement shalt be in a type no smatter than 18 point. The advertisement shall not be plsacefiinafi~t. prgr~ion of the newspaper where legal notices and classified advertisements appear_ The advertlserrrerrt ~ - iaa a ~ !i-~iiimm in the municipality and oft g~neraliiirtn~t arr~d readership in the community, not ors of limited subject matter, pursuant to chapter 50. it is legislative intent that, whenever possible, the advertisement http://www.leg.state.fl.u~/statutes/index.cfin?App_mode=Display_Statute&Search String=... 4/20/2007 Statutes & Constitution :Vie•w Staltaltes :Online Sunshine Page 5 of 5 appear in a newspaper that iz~ i~tedi.ar: ie ~ days a week unless the only newspaper in the community is published less tia 5 dhys_ a, vm~eek: The advertisement shall be in the following form: 0~ff}TLCE OF ZONING {PERMITTED USE) CHANGE The (name of local governmental ~~a, - ~ {change the permitted tie of) the land within the area shown in the map in this ad4rert~i~elnel?sr.. A public hearing on the rezoning, wily be ttetd om; (date and r,~j at (~et~ng place) . The advertisement shall also. co~aiilr a ar~rapti~c location map which clearly indicates the area covered by the proposed ordinance. lflr~ nrapa spa{l'. ii~th~de major street names as a means of identification of the area. c. In lieu of publishing the adu~is~nl~nt..s~.o~lt in this paragraph, the municipality may mail a notice to each person owning real pro~tert~ witttiir; t#te area covered by the ordinance. Such notice shall clearly explain the proposed ordinam~ arld~siia#l<notifiy,; the person of the time, place, and location of both public hearings on the proposed ordinen~ce. Copyright ~ t!°l~-Z:{~r,l'tte f~ianii~ l~is~ture • Privacy Stated • C~tact t9s http://www.leg.state.fl.us/slhtutes/uldex.cfm?App_mode=Display Statute&Search String=... 4/20/2007 ~' Q\a'a LOCAL PLANNING AGENCY SEPTEMBER 12, 2002 IMMEDIATELY FOLLOWING THE 7:00 P.M. PUBLIC HEARING ON TENTATIVE MILEAGE AND FY 2002/2003 BUDGET TEQUESTA RECREATION CENTER 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 WELCOME! I. II. CALL TO ORDER AND ROLL CALL PUBLIC HEARING i. Ordinance No. 575-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the Comprehensive Plan of the Village of Tequesta, Florida in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, Adopting a Small Scale Development Amendment to the Future Land Use Map in the area designated on the attached exhibit, applying a Commercial Land Use Classification to a portion of real property located at 801 U.S. Highway One containing approximately 0.66 acres; providing for severability; providing far repeal of all ordinances in conflict; providing for codification; providing an effective date.- Planning Consultant Jack Horniman a. Chair announces Local Planning Agency Hearing is open b. Comments from Planning Consultant Jack Horniman c. Public comment d. Agency comment e. Chair announces Local Planning Agency Hearing is closed f. Recommendation ii. Ordinance No. 577-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the adopted Village Comprehensive Plan, pursuant to Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code, amending text within the Public School Facilities Element (PSFE) according to an interlocal agreement between the Village, Palm Beach County and Palm Beach County School District; providing for codification; severability, and effective date, and for other purposes. Planning Consultant Jack Horniman a. Chair announces Local Planning Agency Hearing is open b. Comments from Planning Consultant Jack Horniman c. Public comment d. Agency comment e. Chair announces Local Planning Agency Hearing is closed f. Recommendation III. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she .may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PR©CEDURES FOR PUBLIC PARTICIPATION PUBLIC HEARINGS- Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three-minute limitation. Village Council Meetings are public business meetings and, as such, the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's O~ce at 575-6244 at least three working days before this meeting. Hearing impaired persons please note that wireless hearing system receivers are available by requesting the same from the Village Clerk. SCHEDULE OF MEETINGS* (To be held in the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, unless otherwise noted) Special Master Hearing-Thursday, September 26, 2002, 10 a.m. in the Village Manager's conference room at 250 Tequesta Drive, Suite 300 Second Public Hearing regarding millage rate and budget-Thursday, September 26, 2002, 6:00 p.m. Regular Village Council Meeting-Thursday, October 10, 2002, 7:00 p.m. 2 (agenda LPA 09.12.02) AMENDED 9/ 11 /02 (2 changes indicated by * ) AGENDA REGULAR VILLAGE COUNCIL MEETING VILLAGE OF TEQUESTA THURSDAY, SEPTEMBER 12, 2002 IMMEDIATELY FOLLOWING THE LOCAL PLANNING AGENCY PUBLIC HEARING Vf/HICH WILL IMMEDIATELY FOLLOW THE 7:00 P.M. PUBLIC HEARING ON TENTATIVE MILEAGE RATE AND FY 2002/2003 BUDGET 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 WELCOME! For information regarding procedures for public participation at Village Council meetings, please refer to the end of this agenda. I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. OLD BUSINESS A. Resolution No. 79-01/02 A Resolution of the Village Council of the Village of Tequesta, Florida; authorizing the issuance of a note of the Village in the principal amount of $5,000,00-0 to fmance the cost of a new Public Safety Facility of the Village and to refmance an existing note of the ti'illage incurred for such purpose; providing that such note shall not be a general obligation of the Village but shall be payable only from certain non-ad valorem revenues as provided herein; providing for the rights, securities, and remedies for the owner of such note, providing for the creation of certain funds; making certain covenants and agreements in connection therewith; and providing an effective date. Finance Director JoAnn Forsythe *(Enclosed is a red-Gne copy of information sent previously-some corrections were made.) VI. PROCLAMATIONS A. Proclamation Declaring the Week of October 6, 2002 Fire Prevention Week in the Village of Tequesta. Fire Chief James Weinand B. Proclamation Congratulating the Children's Home Society for its century of commitment to Florida's children and for its programs and services.- Village Clerk Wolcott V. CONSENT AGENDA All items listed under Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. A. Village Council Regular Minutes of August 28, 2002.-Village Clerk Mary Wolcott B. Special Master Code Enforcement Hearing Minutes of June 27, 2002.- Village Clerk Mary Wolcott C. Special Master Code Enforcement Hearing Minutes of July 25, 2002.- Village Clerk Mary Wolcott D. Community Appearance Board Minutes of July 10, 2002.-Village Clerk Mary Wolcott E. Approve site plan changes, i.e. changing to a "PVC" fencing system along the northwest portion of the property and to a vinyl coated chain link fence with inserted slats on the northeast portion of the property, for the new Public Safety Facility.-Community Development Director Jeffrey C. Newell F. Declare four vehicles-two 1996 Crown Victorias, a 1992 Chevrolet Pickup Truck, and a 1987 Ford Tractor-as surplus property to be auctioned with other North County governmental agency vehicles in October at the Town of Jupiter. Public Works Director Gary Preston G. Declare attached miscellaneous Fire Department items as surplus property to be auctioned. Fire Chief James M. Weinand H. Endorse Village Manager's approval of agreement between InSource Software Solutions, L.C. and the Village of Tequesta [as per the Village Charter Section 3.03 (9)].-Pillage Manager Michael R. Couzzo, Jr. I. Endorse the Village Manager's authorization of additional work performed by Terracon Services, Inc. on the Main Street project for a charge of $7,590.00 [as per the Village Charter Section 3.03 (9)].-Village Manager Michael R. Couzzo, Jr. Resolution No. 73-01102-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, vacating and abandoning a seven and one-half foot wide drainage easement located on 2 the south portion of lot 12; a seven and one-half foot wide drainage easement located on the north portion of lot 13, according to the plat of Coconut Cove Subdivision, in the manner and form described herein; thereby repealing Resolution No. 43-01/02.-Community Development Director Jeffrey C. Newell K. Resolution Nfo. 80-2001/2002-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving an Interlocal Agreement between Palm Beach County and the Village of Tequesta for the purpose of sharing geographic and land information and authorizing the Mayor to execute the same on behalf of the Village.-Chief of Police Stephen J. Allison VI. DEVELOPMENT MATTERS A. Good Shepherd Episcopal Church-Request for Special Exception Use, Variance to the Parking Requirements, and Variance to the Building Height.-Community Development Director Jeffrey C. Newell B. Good Shepherd Episcopal Church-Site Plan Review.-Community Development Director Jeffrey G Newell C. Tequesta Country Club Maintenance Facility Expansion-Request for Special Exception Use and Site Plan Review. Community Development Director Jefj'rey C. Newell D. First Baptist Church-Request to erect freestanding sign and removal of the existing freestanding sign with modification.-Community Development Director Jeffrey G Newell E. Tequesta Cay-Final Plat Approval.--Community Development Director Jeffrey C. Newell F. Riverside Oaks at Tequesta--Final Plat Approval.--Community Development Director Jeffrey C. Newell VII. COMMUNICATIONS FROM CITIZENS Non-agenda items for public comments are limited to three minutes, please. Anyone wishing to speak is asked to complete a card with the Village Clerl~ and when called, go to the podium and state his/her name and address for the record prior to addressing the Village Council. VIII. NEW BUSIIVIESS A. Ordinance No. 575-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the Comprehensive Plan of the Village of Tequesta, Florida in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, Adopting a Small Scale Development Amendment to the Future Land Use Map in the area designated on the attached exhibit, applying a Commercial Land Use Classification to a portion of real property located at 801 U.S. Highway One containing approximately 0.66 acres; providing for severability; providing for repeal of all ordinances in conflict; providing for codification; providing an effective date. Planning Consultant Jack Horniman B. Ordinance No. 576-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, applying a zoning designation to a portion of real property located at 801 U.S. Highway One to C-2 Community Commercial District; making certain findings of fact; providing for revision of the Village Zoning Map; providing for severability, and effective date and for other purposes.Manning Consultant Jack Horniman C. Ordinance No. 577-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the adopted Village Comprehensive Plan, pursuant to Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code, amending text within the Public School Facilities Element (PSFE) according to an interlocal agreement between the Village, Palm Beach County and Palm Beach County School District; providing for codification; severability, and effective date, and for other purposes.- Planning Consultant Jack Horniman *D. Resolution 81, 2002 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the final balancing change order for the Tequesta Country Club -Phase 2 Improvements and authorizing a final payment in the amount of $172,000.00, authorizing the Village Manager to ezecute the payment. IX. ANY OTHER MATTERS X. ADJOURNMENT PLEASE TAKE N©TICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PRt1CEDURES FOR PUBLIC PARTICIPATION PUBLIC HEARINGS: Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three-minute limitation. 4 COMMUNICATIONS Any citizen is entitled to be heard concerning any matter FROM CITIZENS: under the section entitled "Communications from Citizens," subject to the three-minute limitation. OTHER AGENDA Any citizen is entitled to be heard on any official agenda ITEMS: item when the Village Council calls for public comments, subject to the three-minute limitation. Village Council Meetings are public business meetings and, as such, the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's Office at 575-6244 at least three working days before this meeting. Hearing impaired persons please note that wireless hearing system receivers are available by requesting the same from the Village Clerk. SCHEDULE OF MEETINGS* (To be held iin the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, unless otherwise noted) Special Master Hearing-Thursday, September 26, 2002, 10 a.m. in the Village Manager's conference room at 250 Tequesta Drive, Suite 300 Second Public Hearing regarding millage rate and budget-Thursday, September 26, 2002, 6:00 p.m. Regular Village Council Meeting-Thursday, October 10, 2002, 7:00 p.m. (AGENDA 09.12.02) Statutes & Constitution :View Statutes :Online Sunshine Select Year: 2006 Go The 2006 Florida Statutes Title XI Chanter 163 COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL RELATIONS PROGRAMS ~ 163.3191 Evaluation and appraisal of comprehensive plan.-- Page 1 of 7 View Entire Chapter (1) The planning program shall be a continuous and ongoing process. Each local government shall adopt an evaluation and appraisal report once every 7 years assessing the progress in implementing the local government's comprehensive plan. Furthermore, it is the intent of this section that: (a) Adopted comprehensive plans be reviewed through such evaluation process to respond to changes in state, regional, and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community's achievement of its goats. (b) After completion of the initial evaluation and appraisal report and any supporting plan amendments, each subsequent evaluation and appraisal report must evaluate the comprehensive plan in effect at the time of the initiation of the evaluation and appraisal report process. (c) Local governments identify the major issues, if applicable, with input from state agencies, regional agencies, adjacent local governments, and the public in the evaluation and appraisal report process. It is also the intent of this section to establish minimum requirements for information to ensure predictability, certainty, and integrity in the growth management process. The report is intended to serve as a summary audit of the actions that a local government has undertaken and identify changes that it may need to make. The report should be based on the local government's analysis of major issues to further the community's goats consistent with statewide minimum standards. The report is not intended to require a comprehensive rewrite of the elements within the local plan, unless a local government chooses to do so. (2) The report shall present an evaluation and assessment of the comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited to, words, maps, illustrations, or other media, related to: (a) Population growth and changes in land area, including annexation, since the adoption of the original plan or the most recent update amendments. (b) The extent of vacant and developable land. http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 2 of 7 (c) The financial feasibility of implementing the comprehensive plan and of providing needed infrastructure to achieve and maintain adopted level-of-service standards and sustain concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on public services and facilities. (d) The location of existing development in relation to the location of development as anticipated in the original plan, or in the plan as amended by the most recent evaluation and appraisal report update amendments, such as within areas designated for urban growth. (e) An identification of the major issues for the jurisdiction and, where pertinent, the potential social, economic, and environmental impacts. (f) Relevant changes to the state comprehensive plan, the requirements of this part, the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and the appropriate strategic regional policy plan since the adoption of the original plan or the most recent evaluation and appraisal report update amendments. (g) An assessment of whether the plan objectives within each element, as they relate to major issues, have been achieved. The report shall include, as appropriate, an identification as to whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental impacts of the issue. (h) A brief assessment of successes and shortcomings related to each element of the plan. (i) The identification of any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. Such identification shall include, as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This paragraph shall not require the submittal of the plan amendments with the evaluation and appraisal report. (j) A summary of the public participation program and activities undertaken by the local government in preparing the report. (k) The coordination of the comprehensive plan with existing public schools and those identified in the applicable educational facilities plan adopted pursuant to s. 1013._35. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decisionmaking processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and siting of public school facilities. For those counties or municipalities that do not have a public schools interlocal agreement or public school facilities element, the assessment shall determine whether the local government continues to meet the criteria of s. 163_.31.77(12). If the county or municipality determines that it no longer meets http://www.leg.state.fl.us/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 3 of 7 the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments pursuant to the requirements of the public school facilities element, and enter into the existing interlocal agreement required by ss. 163.3177(6)(h)2. and 163.31777 in order to fully participate in the school concurrency system. (t) The extent to which the local government has been successful in identifying alternative water supply projects and traditional water supply projects, including conservation and reuse, necessary to meet the water needs identified in s. 373.0361(2)(a) within the local government's jurisdiction. The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including development of alternative water supplies, identified in the element as necessary to serve existing and new development. (m) ff any of the jurisdiction of the local government is located within the coastal high-hazard area, an evaluation of whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current residents shalt be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment. (n) An assessment of whether the criteria adopted pursuant to s. 163.3177(6)(a) were successful in achieving compatibility with military installations. (o) The extent to which a concurrency exception area designated pursuant to s. 163.3.1.80.(5), a concurrency management area designated pursuant to s. 163.3180(7), or a multimodal transportation district designated pursuant to s. 163_..3.1.80(15) has achieved the purpose for which it was created and otherwise complies with the provisions of s. 1.63.3180.. (p) An assessment of the extent to which changes are needed to develop a common methodology for measuring impacts on transportation facilities for the purpose of implementing its concurrency management system in coordination with the municipalities and counties, as appropriate pursuant to s. 163.3.1.80(10). (3) Voluntary scoping meetings may be conducted by each local government or several local governments within the same county that agree to meet together. Joint meetings among all local governments in a county are encouraged. All scoping meetings shalt be completed at least 1 year prior to the established adoption date of the report. The purpose of the meetings shall be to distribute data and resources available to assist in the preparation of the report, to provide input on major issues in each community that should be addressed in the report, and to advise on the extent of the effort for the components of subsection (2). If scoping meetings are held, the local government shalt invite each state and regional reviewing agency, as well as adjacent and other affected local governments. A preliminary list of new data and major issues that have emerged since the adoption of the original plan, or the most recent evaluation and appraisal report-based update amendments, should be developed by state and regional entities and involved local governments for distribution at the scoping meeting. For purposes of http://www.leg.state.fl.us/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 4 of 7 this subsection, a "scoping meeting" is a meeting conducted to determine the scope of review of the evaluation and appraisal report by parties to which the report relates. (4} The local planning agency shall prepare the evaluation and appraisal report and shall make recommendations to the governing body regarding adoption of the proposed report. The local planning agency shall prepare the report in conformity with its public participation procedures adopted as required by s. 1.63..3181..... During the preparation of the proposed report and prior to making any recommendation to the governing body, the local planning agencv shall hold at least one public hearing, with public notice, on the proposed report. At a minimum, the format and content of the proposed report shall include a table of contents; numbered pages; element headings; section headings within elements; a list of included tables, maps, and figures; a title and sources for all included tables; a preparation date; and the name of the preparer. Where applicable, maps shall include major natural and artificial geographic features; city, county, and state lines; and a legend indicating a north arrow, map scale, and the date. (5) Ninety days prior to the scheduled adoption date, the local government may provide a proposed evaluation and appraisal report to the state land planning agency and distribute copies to state and regional commenting agencies as prescribed by rule, adjacent jurisdictions, and interested citizens for review. All review comments, including comments by the state land planning agency, shall be transmitted to the local government and state land planning agency within 30 days after receipt of the proposed report. z(6) The governing body, after considering the re iew om nts and recommended changes, if any, shall adopt the evaluation and appraisal report y resolution r ordinance at a public hearing with public notice. The governing body shall adopt the repo rmity with its public participation procedures _~ adopted as required by s. 1._63._3181. The local government shall submit to the state land planning agency three copies of the report, a transmittal letter indicating the dates of public hearings, and a copy of the adoption resolution or ordinance. The local government shall provide a copy of the report to the reviewing agencies w ich provided comments for the proposed report, or to all the reviewing a encies if a proposed report was no prove e pursuant to subsection (5), including the adjacent local governments. Within 60 days after receipt, the state land planning agency shalt review the adopted repo ake a preliminary sufficiency determination that shall be forwarded by the agency to the local government for its consideration. The state land planning agency shall issue a final sufficiency determination within 90 days after receipt of the adopted evaluation and appraisal report. (7) The intent of the evaluation and appraisal process is the preparation of a plan update that clearly and concisely achieves the purpose of this section. Toward this end, the sufficiency review of the state land planning agency shall concentrate on whether the evaluation and appraisal report sufficiently fulfills the components of subsection (2). If the state land planning agency determines that the report is insufficient, the governing body shall adopt a revision of the report and submit the revised report for review pursuant to subsection (6). 3(8) The state land planning agency may delegate the review of evaluation and appraisal reports, including alt state land planning agency duties under subsections (4)-(7}, to the appropriate regional http://www.leg.state.fl.us/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 5 of 7 planning council. When the review has been delegated to a regional planning council, any local government in the region may elect to have its report reviewed by the regional planning council rather than the state land planning agency. The state land planning agency shalt by agreement provide for uniform and adequate review of reports and shall retain oversight for any delegation of review to a regional planning council. (9) The state land planning agency may establish a phased schedule for adoption of reports. The schedule shall provide each local government at least 7 years from plan adoption or last established adoption date for a report and shall allot approximately one-seventh of the reports to any 1 year. In order to allow the municipalities to use data and analyses gathered by the counties, the state land planning agency shall schedule municipal report adoption dates between 1 year and 18 months later than the report adoption date for the county in which those municipalities are located. A local government may adopt its report no earlier than 90 days prior to the established adoption date. Small municipalities which were scheduled by chapter 9J-33, Florida Administrative Code, to adopt their evaluation and appraisal report after February 2, 1999, shall be rescheduled to adopt their report together with the other municipalities in their county as provided in this subsection. (10) The governing body shall amend its comprehensive plan based on the recommendations in the report and shall update the comprehensive plan based on the components of subsection (2), pursuant to the provisions of ss. 1.63..3184_, 163.31.87, and 1__63.3189. Amendments to update a comprehensive plan based on the evaluation and appraisal report shall be adopted during a single amendment cycle within 18 months after the report is determined to be sufficient by the state land planning agency, except the state land planning agency may grant an extension for adoption of a portion of such amendments. The state land planning agency may grant a 6-month extension for the adoption of such amendments if the request is justified by good and sufficient cause as determined by the agency. An additional extension may also be granted if the request will result in greater coordination between transportation and land use, for the purposes of improving Florida's transportation system, as determined by the agency in coordination with the Metropolitan Planning Organization program. Beginning July 1, 2006, failure to timely adopt and transmit update amendments to the comprehensive plan based on the evaluation and appraisal report shall result in a local government being prohibited from adopting amendments to the comprehensive plan until the evaluation and appraisal report update amendments have been adopted and transmitted to the state land planning agency. The prohibition on plan amendments shall commence when the update amendments to the comprehensive plan are past due. The comprehensive plan as amended shall be in compliance as defined in s. 163,3184(1)(b). Within 6 months after the effective date of the update amendments to the comprehensive plan, the local government shall provide to the state land planning agency and to all agencies designated by rule a complete copy of the updated comprehensive plan. (11) The Administration Commission may impose the sanctions provided by s. 163.3184(11) against any local government that fails to adopt and submit a report, or that fails to implement its report through timely and sufficient amendments to its local plan, except for reasons of excusable delay or valid planning reasons agreed to by the state land planning agency or found present by the Administration Commission. Sanctions for untimely or insufficient plan amendments shall be prospective only and shall begin after a final order has been issued by the Administration Commission and a reasonable period of http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 6 of 7 time has been allowed for the local government to comply with an adverse determination by the Administration Commission through adoption of plan amendments that are in compliance. The state land planning agency may initiate, and an affected person may intervene in, such a proceeding by filing a petition with the Division of Administrative Hearings, which shall appoint an administrative law judge and conduct a hearing pursuant to ss. 120.569 and 1.20.57(1) and shall submit a recommended order to the Administration Commission. The affected local government shall be a party to any such proceeding. The commission may implement this subsection by rule. (12) The state land planning agency shall not adopt rules to implement this section, other than procedural rules. (13) The state land planning agency shall regularly review the evaluation and appraisal report process and submit a report to the Governor, the Administration Commission, the Speaker of the House of Representatives, the President of the Senate, and the respective community affairs committees of the Senate and the House of Representatives. The first report shall be submitted by December 31, 2004, and subsequent reports shall be submitted every 5 years thereafter. At least 9 months before the due date of each report, the Secretary of Community Affairs shall appoint a technical committee of at least 15 members to assist in the preparation of the report. The membership of the technical committee shall consist of representatives of local governments, regional planning councils, the private sector, and environmental organizations. The report shall assess the effectiveness of the evaluation and appraisal report process. History.--s. 11, ch. 75-257; s. 10, ch. 85-55; s. 11, ch. 86-191; s. 10, ch. 92-129; s. 13, ch. 93-206; s. 6, ch. 95-322; s. 29, ch. 96-410; s. 5, ch. 96-416; s. 4, ch. 98-146; ss. 6, 14, ch. 98-176; s. 5, ch. 98-258; s. 17, ch. 2000-158; s. 9, ch. 2002-296; s. 905, ch. 2002-387; s. 4, ch. 2004-230; s. 8, ch. 2005-290; s. 12, ch. 2005-291. Note.--As amended and substantially reworded by s. 14, ch. 98-176. Former paragraph (12}(a) was also amended by s. 5, ch. 98-258, without reference to the substantial rewording of the section by s. 14, ch. 98-176. As amended by s. 5, ch. 98-258, only, paragraph (12)(a} reads: (12)(a) The state land planning agency may enter into a written agreement with a municipality of fewer than 5,000 residents or a county with fewer than 75,000 residents so that such a jurisdiction may focus planning resources on selected issues or elements when updating its plan, if the local government includes such a request in its report and the agency approves the request. Approval of the request does not authorize the local government to repeal or render ineffective any existing portion or element of its local plan. ZNote.--As amended and substantially reworded by s. 14, ch. 98-176. Former subsection (9) was also amended by s. 4, ch. 98-146, without reference to the substantial rewording of the section by s. 14, ch. 98-176; material similar to that found in former subsection (9) is now located in subsection (6), as amended by s. 14, ch. 98-176. As amended by s. 4, ch. 98-146, only, subsection (9), redesignated as subsection (6) to conform to the placement of material by s. 14, ch. 98-176, reads: http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes& SubMenu=1 &App... 4/20/2007 Statutes & Constitution :View Statutes :Online Sunshine Page 7 of 7 (6) The state land planning agency shall conduct a sufficiency review of each report to determine whether it has been submitted in a timely fashion and contains the prescribed components. The agency shall complete the sufficiency determination within 60 days of receipt of the report. The agency shall not conduct a compliance review. However, a local government may request that the department provide substantive comments regarding the report or addendum during the department's sufficiency review to assist the local government in the adoption of its plan amendments based on the evaluation and appraisal report. Comments provided during the sufficiency review are not binding on the local government or the department and will not supplant or limit the department's consistency review of the amendments based on the adopted evaluation and appraisal report. A request for comments must be made in writing by the local government and must be submitted at the same time the adopted report is submitted for sufficiency review. 3Note.--As amended and substantially reworded by s. 14, ch. 98-176. Former subsection (10) was also amended by s. 4, ch. 98-146, without reference to the substantial rewording of the section by s. 14, ch. 98-176; material similar to that found in former subsection (10) is now located in subsection (8), as amended by s. 14, ch. 98-176. As amended by s. 4, ch. 98-146, only, subsection (10), redesignated as subsection (8) to conform to the placement of material by s. 14, ch. 98-176, reads: (8) The state land planning agency may delegate the review of reports to the appropriate regional planning council. When the review has been delegated to a regional planning council, any local government in the region, except for areas of critical state concern, may elect to have its report reviewed by the council rather than the agency. The agency shall adopt rules for accepting requests for delegation and for uniform and adequate review of reports. The agency shalt retain oversight for any delegation of review to a regional planning council. Any plan amendment recommended by the report shall be reviewed by the agency pursuant to s. 163.3.1.84 and be adopted by the local government pursuant to s. 163.3189... Copyright ©1995-2006 The Florida Legislature • Privacy Statement • Contact. Us http://www.leg.state.fl.us/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App... 4/20/2007 ' Statutes & Constitution :View Statutes :Online Sunshine ~e{C ti~'ear: 2006 The 2oob Florida Statute Page 1 of 2 Go Title XI Chapter 163 COUNTY ORGANIZATIQN! A{U1+7- INTERGOVERNMENTAL INTERGOVERNMENTAL RELA~TT~i!~~ PROGRAMS View Entire Chapter 163.3181 Public participation in the air sive planning process; intent; alternative dispute resolution.-- (1) It is the intent of the Leg~e~tlxatr put~{ic participate in the comprehensive planning process to the fullest extent possible_ T this egct. Iracal planning agencies and local governments{ units are directed to adopt procedures desi~red't~ pravride effective pub{ic participation in the comprehensive planning proce~ aod't~,aro~di= reel property owners with notice of all officia{ actions which will regulate the use o~ ttl!-e~r pn~e~sj,y. The? provisi~s and procedures required in this act are set out as the minimum requirements tow.ard~ ttf`Tai~ emd. (2) During consideration of the p~'pi~x;ar. ~menclments thereto by the local planning agency or by the local governing body, the t~ t~ wide far broad dissemination of the proposals and alternatives, opportunity for u~en commernl#s;.. pubiie hearings as provided herein, provisions for open discussion, communications programs,, ii:a*rrrat~orn services, and consideration of and response to public comments. (3) A local government considers und~taii a pub[icly financed capital improvement project may elect to use the procedures s~ iintl'-iff. ~ n for the purpose of allowing public participation in the decision and resolution ofd d~utta~. ~ ~a{poses of this subsection, a publicly financed capital improvement project is a phy5 s~c2sur~ ar sth~uctures, the funding for construction, operation, and maintenance of which is financed entitei~~ ~: 3=~ public funds, (a) Prior to the date of a public hearii~gcarn t~e~di~cision on whether to proceed with the proposed project, the local government puL'di~t{ plc notice of its intent to decide the issue according to the notice procedures described ~ s . Tyr Ems:#'~){~t2. for a county or s. 166.041(3)(c)2.b. for a municipality. (b) If the local government chi tafus~°tttii~~~cess, an affected person may not institute or intervene in an administrative' I+ing`r,oiij~iir~ta~ the project as not consistent with the loca_t comprehensive plan unless, aoditli~~oniy,to:ther~xtent to which, the affected person raised, Yhrough written or oral comments, the; same i• ~n the date of publication of the public notice and the conclusion of the public hearir~_ Mlawev~.en;, ttlhiii: l~irr~itation shall not apply to issues arising either from significant changes to the locata~rrr type tsar ruse a~ lfie project, or to significant new information about the project site which becomes lcnowm? a tihe• public hearing as a result of subsequent site study and http://www.leg.state.fl.us/stallartes/index.cfin?App_mode=Display_Statute&Search String=... 4/20/2007 `Statutes & Constitution :Vievw Statutes :Online Sunshine analysis, if required. Page 2 of 2 (c) If an affected person requests arr~ a>ittanii~i~#r'atiare hearing pursuant to ss. 120.569 and 120.57, that person shall file the petition nor later ttliata~ 3tsl after the public hearing tx no later than 30 days after the change or new information is made ~ ' ato the public, whichever is later. Affected local governments, the state land ~~~. per Sher affected persons may intervene. Following the initiation of an administrative hear;,, t ~strative law judge shalt, by order issued within 95 days after receipt of the petition, a: , , for the pros „ ' , vnehi~ provides for a final hearing within rl~ dhar~ c~ i~re* issuance of the order. Proposed recommended orders must be submitted to the adrr~istratiue- taw ~, if at ail, within i 0 days of the filing of the hearing transcript. Recommended orders shall? ( snrmed to the state land planning agency within 30 days of the last day for the filing of the pr~os~d r,.e~om?rrnraended order. The state land planning agency shalt issue its final order within 45 days of receipt. of the recommended order. (d) The doctrine of res judicator sbaEl ~~ matters raised and disposed of in the final order issued pursuant to this subsection. (4) If a local government Berries an ov~rn~s'~ rre~uest for an amendment to the comprehensive plan which is applicable to the property tlee ov+rr~ert;, t#I~ lio~al government must afford an opportunity to the owner for informal mediation or otters algal dispute resolution. The costs of the mediation or other alternative dispute re siiaill t~ Grmr~rne equally by the local government and the owner. if the owner requests mediation„ ttie times fir l~arim a judicial action is tolled until the completion of the mediation or 120 days, whichever i~ ea~`i_ History.--s. 8, ch. 75-257; s. 3, ch. 7l'#rT,~` ~.. 1~,., ~+. 77-174; s. 3, ch. 77-331; s. 9, ch. 93-206; s. 12, ch. 93-285; s. 4, ch. 95-181; s. 10, ch. 95r3~=1sQ: s. ,. eh. 96-410. 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