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1990-04 Stipulation Agreement w/Dept of Community Affairs Re: Comp Plan RESOLUTION NO. 90 - 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE A STIPULATED SETI'LEMENT AGREEMENT BETWEEN mE CITY OF PARKLAND AND THE DEPARTMENT OF COMMUNITY AFFAIRS TO BRING THE COMPREHENSIVE PLAN INTO COMPLIANCE WIm CHAPTER 163 OF THE FLORIDA STATUTES AND 9J-S OF THE FLORIDA ADMINISTRATIVE CODE WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to enter into the attached Stipulated Settlement Agreement to bring the Comprehensive Plan into compliance with Chapter 163 of the Florida Statute. and 9J-S of the Florida Administrative Code; and WHEREAS, this Agreement will also make available funding for the City to ~end the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1: That the appropriate City officials are here by authorized to execute the attached Agreement between the City of Parkland, Florida and the Department of Community Affairs; Section 2: That this Re.olution shall be in full force and effect immediately upon its pas.age and adoption. March PASSED AND ADOPTED mIS 2..!.- DAY OF , 1990. a~I~~ '- Lo~ ~ SUSAN ARMSTRONG, City C ler TI)!~@ ~ O\Y1~ ~ FEB I 6 1993 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE' TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ GCM!I'I1OI' THOMAS G. PELHAM Secretary February 15, 1990 Bradford Townsend Director of Planning City of Parkland 6500 Parkside Drive Parkland, FL 33067 Dear Brad; Enclosed please find five originals of the Stipulated Settlement Agreement concerning the comprehensive plan of the City of Parkland. Please note that we have only attached Exhibit A. Please attach a letter size copy of Exhibit B to each agreement. Please note the additional wording in paragraph three which requires two weeks public notice of your revision meeting. This language was recently added at the request of Secretary Pelham. Please forward to me all five originals after they are properly executed by the City. Following signature by Secretary Pelham, I will send your attorney a fully executed original for the City's files. Sincerely, '1~ Karen Brodeen Senior Attorney KBjths EMERGENCY MANAGEMENT . HOUSING AND COMMUNITY DEVEIDPMENT . RESOURCE PLANNING AND MANAGEMENT LAW OFFICE AND R E W S. M A U ROD I S 321 SOUTHEAST 15TH AVENUE FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (305) 487-2000 TELECOPIER (305) 487-2306 MAILING ADDRESS: POST OFFICE BOX 2427 FORT LAUDERDALE, FLORIDA 33303 April 24, 1990 Susan Armstrong City Clerk City of Parkland 6500 Parks ide Drive Parkland, Florida 33067 RE: DCA vs. City of Parkland, DOAH Case No. 89-4007GM Dear Susan: Enclosed please find a fully executed original of the stipulated Settlement Agreement as captioned above. ANDREW S. MAURODIS ASM/jms Enclosures STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE' TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ Gowrnor THOMAS G. PELHAM Secretary April 20, 1990 Andrew Maurodis City Attorney City of Parkland 321 S.E. 15tn Ave. Ft. Lauderdale, Florida 33301 Re: DCA vs. city of Parkland, DOAH Case No. 89-4007GM Dear Mr. Maurodis; Enclosed please find a fully executed original of the Stipulated Settlement Agreement for the City's files. Please note paragraph 22 which requires the City to deliver its remedial actions within 60 days of the agreement. If you have any questions, please call me at (904)488-0410. Sincerely, /d~ Karen Brodeen Assistant General Counsel KB/ths EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVElOPMENT. RESOURCE PlANNING AND MANAGEMENT ..... ~ . . . ,. '. 1 . ... j. 9'~ ,(!~ -/0- //- /~ -t:>tG) - 5~~ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Respondent. ) ) ) ) ) ) ) ) ) DOAH CASE NO. 89-4007GM DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. CITY OF PARKLAND STIPULATED SETTLEMENT AGREEMENT Petitioner Florida Department of Community Affairs (Department) and Respondent city of Parkland (City) 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 (1989). b. Aareement: This stipulated settlement agreement. c. ComDrehensive Plan or Dlan: The Comprehensive Plan of the City of Parkland, as adopted by Ordinance No. 89-13 on May 31, 1989. d. QQAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: Consistent with Sections 163.3177, 163.3178 and 163.3191, Florida Statutes, -J l;'J t............ j, ) , section 187.201, Florida Statutes, the South Florida Regional Policy Plan, as adopted by Chapter 29J-2, Florida Administrative Code, and Chapter 9J-S, 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 July 21, 1989. g. Petition: The petition for administrative hearing and relief filed by the Department on July 27, 1989, that initiated proceedings before DOAH in this case (Case No. 89- 4007GM. 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 Dlan amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the City 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 Depar~ment. j. Statement of intent: The statement of intent to find the plan not in compliance dated July 21, 1989. k. SU~Dort document: The studies, inventory maps, 2 )1 " '" ~ surveys, data, inventories, listings or analyses used to develop and support the plan adopted by the city on May 31, 1989. 2. Entire aqreement. 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. ADDroval bv aovernina body. This agreement has been approved by the city governing body at a public hearing advertised in a quarter-page advertisement published approximately 14 days prior to the hearing in the manner and with the content prescribed for advertisements in section 163.3184(15) (c), F.S. This agreement has been executed by the appropriate City officer as provided in the city's charter or other regulations. 4. Chanaes 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 Dersons unaffected. Nothing in this agreement shall be deemed to affect the rights of any person under the law other than the parties. 6. Attornev fees and costs. Each party shall bear its own costs, including attorney fees. 7. Public Records. The City shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, 3 . I ~ , ~ prepared or received by the City in conjunction with this agreement. It is expressly understood that upon receipt of substantial evidence of the city refusal to comply with this provision, the Department will have the right to terminate this agreement for breach. 8. Liabilitv. The City 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 City, its subcontractors or agents, if any, that is related to the City's performance under this agreement. 9. Effective date. This agreement shall become effective upon the last date of signing by the parties. PART I 10. Purpose of Part I. The parties enter into Part I of 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. DeDartment 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 4 II '1 '~ 14. Review of plan and findina of noncomDliance. 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 ~etition. The Department met the requirements of section 163.3184(8), Florida Statutes, because it 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 City to the plan as adopted. The Department was not requested by the City of Parkland to attend the public hearing, thereby affording the Department standing to find the plan not in compliance pursuant to section 163.3184(8), Fla. stat. 16. Neaotiation of aareement: 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 City 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 5 'I '1 4., I Department shall take every action necessary to effectuate this paragraph. 18. Filina and continuance. This agreement shall be filed with DOAH by the Department after execution by the parties and shall constitute a joint request that DOAH continue this proceeding for a time sufficient to allow the parties to complete their responsibilities under the agreement. However, the Department may request DOAH to schedule a hearing of this proceeding at an earlier time, as provided in this agreement. 19. Retention of riaht to final hearina. 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 aareement. 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 6 '\ " ~, City agrees to adopt by formal action of its governing body 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 hearina for remedial actions. within 60 days after the effective date of this agreement the City 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 City 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 City 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 9 above. 24. Adoption or apDroval of remedial 9lan amendments. Within 60 days after receipt of the Department's objections, recommendations and comments, the City shall consider for adoption all remedial plan amendments and amendments to the support document, and deliver the amendments and a transmittal 7 \ . - J letter to the Department as provided in Subsection 163.3184(7), Florida statutes, and Rule 9J-ll.Oll(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 adontions 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 comnliance: 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 DOAH 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 8 II II 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 paragraph, the city 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. Part II 28. Pur~ose of Part II. The parties enter into Part II of this agreement to provide funding to assist the City to undertake the remedial actions necessary to bring the adopted plan submitted pursuant to Subsection 163.3167(2), F.S. and Chapter 9J-12, F.A.C. into compliance. 29. Availabilitv of Funds. Payment of state funds pursuant to this agreement is subject to and conditioned upon the total 9 '. . I release of authorized appropriations from the Local Government Comprehensive Planning Assistance Program provided by Chapter 88- 555, Laws of Florida. The state of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature as noted in section 287.0582, Florida Statutes. 30. Consideration. a. As consideration for work performed under this agreement, the Department agrees to pay a fixed fee of up to $10,000. Payment will be based on the payment schedule contained in paragraph 31 below. b. Use of Funds: Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. Funds may also not be used for attorney fees. 31. Method of Payment. Deliverable Due Date Payment Proposed remedial action No later than 60 $ 5,000.00 days after execution of agreement Adopted remedial action No later than time $ 5,000.00 frames specified in s. 163.3184(7), F.S. for transmittal of adopted plan amendments Total $10,000.00 The first payment will be made by the Department after receipt of the deliverable which will be verified by the 10 " 'I f, Department to include all required proposed remedial action. The final payment will be made after receipt of the adopted remedial actions and issuance by the Department of a Notice of Intent to find the plan in compliance. 32. Audit Reauirements. a. The City agrees to maintain adequate financial procedures and adequate support documents to account for the expenditures of funds under Part II of this agreement. b. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. c. The city shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under Part II of this agreement. d. The City shall include an accounting of these funds under Part II of this agreement in the local audit prepared by the city of the 1989-90 and 1990-91 fiscal years. e. In the event the audit shows that all or a portion of the funds provided under Part II, were not spent in accordance with Chapter 9J-26, Florida Administrative Code, and the conditions of this agreement, the city shall be held liable for repayment to the Department of all funds not spent in accordance 11 II 'I .. with these applicable regulations and agreement provisions within thirty (30) days after the Department has notified the City of such noncompliance. f. The City shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to Part II of this agreement for a period of three years after the date of submission of the final expenditures report or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. 33. Modification of Part II. Either party may request modification of the provisions of Part II of this agreement. Changes which are mutually agreed upon shall be made by written correspondence from the Department, by the parties and incorporated as part of this agreement. This agreement contains all the terms and conditions agreed to by the parties. 12 " ..' In witness whereof, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS ~~/j.~~~ ~ Thomas G. Pelham Secretary JJ-q-qo Date ?7~~ Senior Attorney 13 City of Parkland ~~ ?1f~ c23. /??O Date / Attest: ~ ~o... - O~ 4::t- City Clerk /~ " , ,.. . . /.. Ldty 0 '. " ..! , EXHIBIT "A" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS . . , , XN BE: CITY OF PARKLAND COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO. 89-13 ON MAY 31, 1989 ) ) ) ) ) ) fl DOCKET NO. 88-NOI-0621-(N) STATEMENT OF INTENT TO. FIND COMPREHENSIVE PLAN NOT IN COMPLIANCE ~he Florida Department of Community Affairs hereby issues its statement of Intent to find the Comprehensive Plan of the City of Parkland adopted by Ordinance No. 89-13 on May 31, 1989, Bot 7n Compliance based upon the material in the Objections, aecommendations and Comments Report issued by the Department on April 4, '1989, which is hereby incorporated by reference, and changes made to the plan as adopted that 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 Sections 163.3177 and 163.3178, F.S., the State Comprehensive Plan, the Regional Plan for South Plorida, or Chapter 93-5, Plorida Administrative Code (F.A.C.), for the following reasons: 7. LEVELS OF SERVICE A. Inconsistent provisions. The inconsistent provisions .cf the ~lan grou~ed under _~his subject heading are as follows: -'-------~-"'-,-- /,-..---.' ,-~- -- -::.::--- ~,. " ~. , . . 1. The plan does not include an adequate level of service : standard for drainage in the drainage sub-element or the capital . ~provements element. Rules 9J-5.005(3), 9J-5.011(2)(C)~.c. and 9J-5.016(3)(C)4., F.A.C. 2. ~he plan does not include an objective to address correcting existing facility deficiencies. Rule 9J- 5.011(2)(b)1., F.A.C. 3. ~he drainage sub-element of the plan indicates that discharge from variou. secondary canals (drainage districts), which include Pine Tree Wate~ control District, the North Springs Xmprovement District, the BBB Ranches Area,: the Cypress Head Development, and undeveloped agricultural area located in the northwestern portion of the City (see pages V-30 through V-32), exceeds the capacity of the existing canals, resulting in area flooding. ~he City indicates it will use .Best Management . Practices. to ensure that future developments meet the adopted level of service standards; however, the plan does not explain what ~he -Best Management Practices. are or whether these pract~ces will ensure adequate drainage capacity needs for future development. Without this information it cannot be determined if the adopted level of service standard is supported: by data and analysis. Rules 9J-5.011(1)(e), 9J-5.011(2)(b)2., 9J- 5.005(2)(8), F.A.C. B. Recommended remedial actions. These inconsistencies ~ay be remedied by taking the following actions: 1. Xnclude an adequate level of service standard for 2 " " . , . drainage ~ both the drainage sub-element and the capital . . , . ~provements element. ,r 2. Include an objective to address correcting .xi~ting facility deficiencies. 3. Include, in the analysis, an explanation of "Best Management Practices" to ensure that future developments meet the adopted level of service standards. 1:1. :INTERGOVERNMENTAL COORDINATION A. :Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject headin~.are as follows: 1. The analysis includes an assessment that existing coordination mechanisms between the City and the following regional~ state and federal agencies are inadequate: Broward County Metropolitan Planning Organization, South Florida Water . Management District, Department of Environmental Regulation, Plorida Department of Transportation, Florida Department of state, Environmental Protection Agency and u.s. Corps. of Engineers; however, the' analysis does not include how it will address the ~adequacies. Rules 9J-S.01S(2)(a) and (b), F.A.C. 2. The plan does not include policies to address how the City will correct deficiencies with the existing coordination mechanisms. Rule 9J-S.01S(3)(C), F.A.C. B. Recommended remedial actions. These inconsistencies;may be remedied by taking the following actions: 1. :Include, in the analysis, information on how the City will address the inadequacies with the existing coordination 3 "I II ,.. . mechanisms. 2. Include the required pOlicies which address ho~lthe City will correct deficiencies with the existing coordination mechanisms. 711. AFFORDABLE HOUSING ." .. A. Inconsistent provisions. The inconsistent provisions of ~he plan gtbuped under this subject heading are as follows: 1. ~he analysis does ~~t include the means to accomplish ~he provision of adequate sites for housing ,for low and moderate income families and for mobile homes. Rule 9J-5.010(2)(f)3., P.A.C. 2. ~he analysis does not include the housing needs for rural and farmworker households. Rule 9J-5~'010(2)(b), P.A.C. 3. . Although Objective 1.3, page 15, of the housing element indicates that the City will "provide the opportunity" by 1992 for ~he availability of sites on which new low and moderate income housing could potentially be built, the objective does not address adequate sites for mobile homes. In addition, the supporting policies do not identify how the City proposes to "provide the opportunity." Rules 9J-5.010(3)(b)3., 9J- 5.010(3)(C)5., P.A.C. 4. Policy 1.3.4, page 15, identifies "special residentia~ housing" but is not clear whether this category includes mobile homes, group homes, foster care facilities and households with special housing needs including rural and farmworker households. 4 ~ , , .' 1 . Rule 9J-S.010(3)(C)S., P.A.C. B. aecommended remedial actions. These inconsistencies:may be remedied by taking the following actions: . . 1. Xnclude in the analysis the means to accomp1is~ the provision of adequate sites for housing for low and moderate income families and for mobile homes. 2. Xnc1ude in the analysis the housing needs for rural and fa~orker households. 3. ~evise Objective 1.3 to include the location of mobile :: home sites in the City as well as households with special housing needs including rural and fa~worker households. 4. Xnc1ude supporting policies related to Objective 1.3 as Tequired which identify how the City will "provide the opportunity" by 1992 for the availability of sites on which new . - low and ~oderate income housing could potentially be built. ~hese pol~cies should include the identification of special development regulations to be considered for adoption which will ensure that sites are available for affordable housing. S. Revise policy 1.3.4 on page 15 of the Goals, Objectives and Policies to identify specifically what the City considers .special residential housing." Alternatively, the City may ~hoose to include in the data and analysis criteria which specify what this term means. Xn specifying the ter.m, the City must, ensure that it includes consideration of low and moderate income ~am11ies, mobile homes, group homes, foster care facilities" and households with special housing needs, including rural and 5 '. .' t . farmworker households. .. :tv. URBAN SPRAWL A. Inconsistent provisions. The inconsistent provi~ions of ~he plan grouped under this subject heading are as follows: 1. Objective 1.6 of the Future Land Use Element (p. 13) is not reflected in ~he Future Land Use Map because the land use patterns per.mitted in the map encourage the proliferation of urban sprawl and fail ~o encourage a separation of urban and rural land uses. Rules 9J-S.OOS(S) (b), 9J-S.006(3) (b)7., F.A.C. 2. One or more policie~ have not been included to ,support and ~plement Objective 1.6 by addressing how the City will discourage urban sprawl and encourage a separation of urban and rural land uses. B. . Recommended remedial actions. These inconsistencies may be remed1~d by taking the following actions: 1. Alter the land use patterns permitted in the Future Land Use Map ~o discourage the proliferation of sprawl and to encourage a separation of urban and rural uses. 2. :tnclude one or more policies which support and implement Objective 1.6. , v. STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. ~he plan is not consistent with and fails to further the ~ollowing goals and policies of the state Comprehensive plan, 6 y. :, " .' t .. . I Section 187.201, F.S. (SUpp. 1988): GoalS (Housing), Policy 3; ,,9Oa18 (water Resources), policies 10 and 12; Goal 16 (Land Use), ; policies 1 and 2; Goal 18 (Public Facilities), policies 1, 3, and 6, and Goal 26 (Plan Implementation), policies 2 and 3. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: ~ .' 1. Complete the recommended remedial actions referenced in paragraphs.~.B., II.B~, III.B. and IV.B. related to level of .~ service, intergovernmental coordination, affordable housing and " urban sprawl. " CONCLUSIONS OF LAW Based upon these findings, the Department makes the fo11owing conclusions of law: 1. ~he plan is consistent with the Regional Plan for South Fl~rida. 2. The plan is not consistent with the State Comprehensive Plan. 3. The plan is not consistent with the requirements of Chapter 9J-5, F.A.C. 4. The Plan is not consistent with the requirements of Sections 163.3177, F.S. 5. The plan is not "in compliance," as defined in Section ~63.3184(1)(b), F.S. 6. J:n order to.brip; the I?.!an into compliance, the City may complete the recommended remedial actions described or adopt other remedial actions that eltminate the inconsistencies. 7 ~, , ... . . Executed this Cl\ day of July, 1989, at Tallahasse~, Florida. FLORIDA DEPARTMENT OF COMMU TY AFFAIR au R. Bra s aw Division Director Division of Resource Planning and Management : 2740 Centerview Drive Tallahassee, Florida 32399-2100 " 8 , .' . , /0. . EXHIBIT B PROPOSED STATEMENT OF, REMEDIAL ACTION TO BRING THE CITY OF PARKLAND'S COMPREHENSIVE PLAN INTO COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 163 PART II F.S., ANO CHAPTER 9J-5, F.A.C. REMEDIAL ACTION #1 REVISED DRAINAGE SUB-ELEMENT AND CAPITAL IMPROVEMENT ELEMENT '.- A. The level of service standard for drainage and the designation in the Capital Improvement Element shall be revised to the following: Drainage Sub-element Policy 1.1.1 FACILITY/SERVICE AREA PINE TREE WATER CONTROL DISTRICT: Facility Primary Drainage System Roadways/Parking Lots House Pads NORTH SPRINGS IMPROVEMENT DISTRICT: Facility Primary Drainage System Roadways/Parking Lots House Pads ALL OTHER AREAS: Facility Primary Drainage System Roadways/Parking Lots House Pads ! . LEVEL OF SERVICE STANDARD Desion Storm Allowable Discharge of 35 CSM. (cubic ft/second/sq. mile) 10 Year, 24 Hour Storm Event. 100 Year, 3 Day Storm Event. Desicm Storm Allowable Discharge of 35 CSM. (cubic ft/second/sq. mile) 10 Year, 24 Hour Storm Event. 100 Year, 3 Day Storm Event. Desion Storm Allowable Discharge of 35 CSM. (cubic ft/second/sq. mile) 5 Year, 3 Day Storm Event. 1 100 Year, 3 Day Storm Event. Policy 1.1.6 Capital Improvement Element revised same as above. ,A l '\ ~ . The followino Policy shall be added. Policy 1.1.7 B. The City shall require all future development in wh~ch the level of service of 35 CSM is exceeded to maintain appropriate drainage facilities on site. C. Objective 1.3 The City shall enter into a cooperative agreement between the residential interest of the Ranches and the North Springs Improvement District to allow for adequate drainage ~acilities which shall meet or exceed the minimum level of service of thirty-five (35) CSM. D. Included in the analysis will be the following definition of the best management practices which are standards and designs used by the Minimum Design Standards Manual adopted by the City of Parkland dated April 1, 1987, as amended from time to time, as well as the regulations 01 the South Florida Water Management District permitting process. REMEDIAL ACTION #2 REVISED INTERGOVERNMENTAL COORDINATION A. An analysis shall be accomplished to address the inadequacies within the current intergovernmental Coordination element. B. The following policy shall be added. Policy 1.1.2 The City shall create an informal method in which to increase the effectiveness of the existing coordination mechanisms of intergovernmental which shall include but not be limited to the official identification of primary responsibility for coordination. Policy 1.1.3 The City shall propose regular meetings between its City Manager and members of its planning staff and their counterparts in adjacent municipalities to discuss each City's plans for growth management and 2 . , -. . .' upcoming developments which could effect any of those Cities. .. " . .. . REMEDIAL ACTION #3 REVISED HOUSING ELEMENT A. An analysis shall be accomplished to dete~mine the availability of sites fo~ housing fo~ low and mode~ate income families p~io~ to Decembe~ 31, 1990. B. An analysis shall be accomplished to dete~mine housing needs fo~ ~u~al and fa~mwo~ke~ households p~io~ to Decembe~ 3i, 1990. C. Objective 1.3 shall be amended to include mobile home sites as well as households with special housing needs including ~u~al and fa~mwo~ke~ households. D. The following poli~ies shall be added. Policy 1.1.4 The City shall suppo~t any p~oposed zoning ~equest from B~owa~d County which p~oposes to address the affordable housing needs on a County wide basis p~ovided said ~equest is consistent with the City of Parkland's Comp~ehensive Plan. Policy 1.1.5 The City shall adopt resolutions which support regional affo~dable housing efforts including Broward County's affo~dable housing programs such as the Community Development Block P~ogram and the Own Your Own Home P~og~am and shall appoint a liaison to those prog~ams so as to allow Pa~kland to pa~ticipate. Policy 1.1.6 The City shall. throuQh its land development reQulations. allow the use of such low cost housinQ techniques such as. but not limited to. mobile homes. manufactu~ed housinQ. modular housinQ. cluster developments. zero lot line zoninQ. and townhouses. Policy 1.1.7 The City shall continue to allow a variety of residential land use densities in order to enhance the ! opportunity for the private sector to provide for a variety of housinQ types in a wide ranoe of costs. 3 .. .." .' ......,..-'r ...... Policy 1.3.5 ~ .-:. ',. The City shall by 1991, adopt land development regulations which streamline the approval process and provide incentives such as density bonuses and flexible zoning categories to the private sector to construct alternative housing to satisfy the projected needs of the community. f E. The City shall include in the Data and Analysis a definition of Special Residential Housing which includes low and moderate income families, mobile homes, group homes, foster care facilities and households of special housing needs including rural and farmworker households. REMEDIAL ACTION #4 URBAN SPRAWL ". A. The City will revise the Land Use Element and all other appropriate elements to indicate the de- annexation of area to the west. The removal of this land from the City decreases the effect and the proliferation of urban sprawl. The following policies shall be added. B. Policy 1.6.1 The City shall not discourage the use land. C. Policy 1.6.2 adopt any regulations which of existing agriculturally developed The City shall require prior to the urbanization of agriculturally used land that all impacts of such development are completely addressed and that all levels of service set forth in Comprehensive Plan are satisfied. D. Policy 1.6.3 Prior to any change in the Land Use Plan, data and analysis, shall be submitted with the proposed development which indicates the need for additional residential, commercial, or industrial uses, consistent with population projections. f:\oct89\048 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ) ) ) ) ) ) ) ) ) ) DOAH CASE NO. 89-4007GM vs. CITY OF PARKLAND, Respondent. NOTICE OF FILING STIPU~TED SETTLEMENT AGREEMENT AND MOTION FOR ABATEMENT Comes now the Petitioner, Department of Community Affairs, who, on behalf of both parties, hereby informs the Court of the following: 1. The parties have entered into a Stipulated Settlement Agreement, effective April 9, 1990, which is attached hereto. 2. When the terms of this agreement are fully executed the issues raised in this matter will be moot. It is expected that full execution of the agreement will take approximately nine ~ months. 3. Under paragraph 18 of the Agreement, the Department is authorized and required to move for an Order abating these proceedings for a time sufficient to allow the agreement to be fully executed. . . WHEREFORE, it is respectfully requested that the Hearing Officer enter an Order placing this matter in abeyance for nine months. Respectfully submitted, /} /., /'7 /: , " . L-o' L' I r. ; \' .'....-( < ~ r.0) " (," '-'l........ L ~ " --'7 -,,' {, -->-- ' Kar~n Brodee;, S~~ior Attorney Department of Community Affairs 2740 centerview Drive Tallahassee, Florida 32399-2100 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to the party listed below this ~D day of April, 1990. // . .:=; -___I (- /; / J I .....- v-j L.,-.:; I" ~~... ",- ... '! I, .'..~.. Karen Brodeen Senior Attorney Andrew Maurodis, Esquire city Attorney City of Parkland 321 S.E. 15th Ave. Ft. Lauderdale, Florida 33301 NOTICE OF STIPULATED SETTLEMENT AGREEMENT The City Commission of the City of Parkland shall hold a Public Hearing on an Agreement with the Departmel1t of Community. Affairs relating Ito the Parkland Comprehensive Plan. The Compre- hensive Plan affects the entire City' as Indicated in the attached map. The specific elements of the Comprehensive Plan which are , the subject of the Agreement are the; Drainage Sub-element, In-' tergovernmental Coordination Element, Housing Element and: Land Use Element. .. The Public Hearing will be held on March 21, 1990 at 7:00 P.M.: at Parkland City Hall, 6500 Parkside Drive, Parkland, Florida, ~. 33067. A copy of ..the proposed Agreement is available for public inspec- {: tion at the above_'.iocatlon. All. p~rsons are. invited 'to attend the;: Public Hearing. Written comments are also Invited. If a person decides to appealrany decision made by the Commls-; slon with respect to any matter considered at this hearing, he will,. need a record of the proceedings, and that for such purposes, he:, may need to ensure that a verbatim record of the proceeding Is: made, which record included the testimony and evidence upon ," which the appeal is to be based. :: ,.AUt -.p c:o.n --.,_.._...,...~ i i i i ! - .. . ~;. .' ' -- . t: .. . . . . . - .. .. c . .. \ .'- CUy of - flirtl.Dd --'_. ,- .. .,.'.... ;. - - . . - art ., ~ .... i"': eaI Dc-,AHNf.U'P' @ " .CITY' OF PARKLAND Irowlrd CODDty,' fl Drida , \ .\l '~" \ C::vJl;d.;Pir':P': ",~:. -':;, c..... !j1.:_(fI~~l">~:~~'~1 ~"4~ <' ,,~ ,~,. ';~;:._;:,,~-':(::lQVfq.:Jr:<:\}~;';-P~:: . ': r..-- OJ' J >:',',. -',' ,\. . )~. ;. ~ . I~ It .. .. .. . . ,'-' '. . . f~i:I'(';:,f.,~.!,~,&:~~;2S~ " .. .' ,..... "'. .', .cO FORT LAUDERDALE NEWS/SUN-SENTINEL PUBLISHED DAILY FORT LAUDERDALE, 8ROWARD COUNTY, FLORIDA SOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF 8ROWARD/PALM 3EACH/DADE BEFORt THh U~DERSI~jEP~~UT~ORITY PERSONALLY APPEARED i'':;~~.-~..... .... WHO ON OATH SAYS THAT HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE fORT LAUDERDALE NEWS/SUN-SENTINEL, DAILY NEWSPAPERS PUaLISHEO IN 8ROWARO/PALM BEACH/DADE COUNTY, flOwIOA THAT THE ATTACHED COpy OF ADVERTISEMENT, BEING A NOTICE IN THE MATTER OF SETTLE~ENT AGREEMENT IN THE CIRCUIT COURT, WAS PUBLISHED I~ SAID NEWSPAPER IN THE ISSUES OF C,317,1X AFFIANT FURTHER SAYS THAT THE SAID FORT LAUDERDALE NEWS/SUN-SENTINEL ARE NEWSPAPERS PU8LISHEO IN SAID BROWARD/PALM BEACH/DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAP€RS HAVE HERETOFuRE SEEN CONTINUOUSLY FU3LISHED IN SAlt BROWARC/PALM 3EACH/DADE COUNTY, ~LORIDA, EACH DAY, AND HAVE SEEN ENTERED AS SECOND CLASS ~ATTER AT THE POST OfFICE IN FORT lAUDERDALE, IN SAID eRO.ARC COUNTY, FLORIDA, FOR A PERIOD Of ONE YEAR NEXT PRECEDING THE FIRST PU8LICATION OF THE ATTACHED COpy Of ADVERTISEMENT; AND AfFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR FRO~ISEO ANY PERSON FIRM OR CORPORATION ANY DISCOUNT, ~EeATE, COM~ISSION OR REfUND FOR THE PURPCSE OF SECU~ING THIS ADVERTISEMENT FOR PUELICATION IN SAID NEWSPAPERS. .~~~....... AUTHORIZED REPRESENTATIVE SWORN TO AND SUBSCRIBED BEFORE ME THIS 07 DAY OF MARCH A.D. 1990 "