R92-19RESOLUTION N0.~92-/?
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REQUESTING
THE DEPARTMENT OF COMMUNITY AFFAIRS TO
FIND THE COUNTYWIDE FUTURE LAND USE ELEMENT
(CFLUE) TO BE "NOT IN COMPLIANCE".
t~IEREA$, the Palm Beach County Board of County Commissioners (County
Commission) has adopted a Countywide Future Land ~se Element (CFLUE) as an
optional element to the County ~omprehensive Plan, and,
WHEREA~, said adoption occurred on December 16, 1991, and said CFLUE
is now in review by the State Department of Community Affairs (DCA) for a
"determination of compliance"; and,
WHEREAS, subsequent to the date of preparation of the CFLUE and its
transmittal to DCA, there have been significant changes to ~the background
data, th, basis for authority, and the manner of implementation of the
CFLUE; with such changes including, but not limited to:
Part I.A., Authomity and Establishment of the Plannin9 Council:
~h? P!an~g Cou~ci~ ~as been "sunset" pursuant to provisions of
r~icJe VII Of t~e county Charter. Information which is found
throughout CFLUE is now inconsistent with 9J-5.005{6).
Part I.C., Relationship of CFLUE to Local Government Comprehensive
Pla~s: Part I~C~ of CFLUE confirms that there is internal incon-
sistency between it and the County Comprehensive Plan and between
CFLUE and local government plans but that said inconsistency shall
be achieved pursuant to Policy 2.1.1 of said CFLUE. However, the
County Commission has embarked on a course of action, by adopting
an Ordinance which c~eates a certification process that is incon-
sistent wi~h ~he ame~ediportion of paragraph two of Part I.C.
The exis~tence Of such inconsistencies is a violation of
9J-§.018{1).
Goal Area ~, Administrative Policies: Goal Area 1 of CFLUE
appropriately set fourth requirements and procedures which rely
upon local jgovernment plans using "pass-through" provisions.
However, t~e County commission has adopted an Ordinance which
requires that local plans must comply with the CFLUE; hence, it is
inconsistent with CFLUE and is not consistent with the intergov-
ernmental coordination provisions of 9-J5.
Goal Area 1, Objective 2: Mediation: This objective and its pro-
cedural rule {pages 155-I50) creates a conflict with the mediation
role of the Regional Planning Council as set forth in the CRDC
Policy. This conflict puts local g~vernments in a dilemma as to
appropriate jurisdiction for conflict resolution. Further, the
County Commqssion has adopted an Ordinance which provides for
binding "arbitration" instead of "mediation". Such a requirement
is in conflict with goals, objectives and policies of the Regional
Plan which applies to Palm Beach County and the municipalities
therein. The above constitutes a violation of 9J-5.018{2).
Goal Area 2, Performance Standards Policy, Objective 1,: and poli-
cies subsequent thereto, Consistenc~ Review and CertifiCation:
These policies are in conflict with 9J-5.018{3) in that con-
sistency is not being achieved concurrent with adoption of this
optional element. This item is of paramount importance to the
City of Boynton Beach since it sets the pattern for processing
future amendments to CFLUE {i.e. the County Commission may make
amendments to CFLUE which make each municipal plan "inconsistent"
and then force compliance by local governments]. Such resulting
local amendments may create additional inconsistencies within each
individual jurisdiction. It is clear from Chapter 163 and
gJ-5.018{3) that proper planning necessitates the assessment of
amendments uoon the totality of a comprehensive plan prior to
adoption ef the amendment. Resolution of this situation and the
method for processing CFLUE policy amendments needs to be a part
of th? CFLUE lf,-~ndeed,' .' a contingency"' approach is to be
accepted in meeting the requirements of 9J-5.018{3}.
CFLUE is consistent with the County Intergovernmental Coordination
Element: While the staff of the former Countywide Planning
o~-6-~-nci] has been diligent in notice and distribution requirements
of Chapter 163, there has been no compliance with provisions of
the adopted Intergovernmental Coordination Element of the Palm
Beach County Comprehensive Plan. Since CFLUE is an optional ele-
ment to the County Comprehensive Plan. it is necessary to comply
with provisions of that Element in the preparation and adoption of
the CFLUE.
Insufficient Policy Guidance: The Treasure Coast Regional
Planning Council in its review of September 20, 1991, stated "the
CFLUE does not provide sufficient policy guidance nor the mecha-
nisms to, allow the PBCPC to carry out its chartered mission of a
cooperative effort to resolve and prevent incompatibilities and
conflicts and to coordinate landu,se planning". In its January
17, 1992. review of ~he ~dop~ed CFLUE. it notes that the County
Commission provided Mo apparent response to the above concern.
WI.IEREAS, the amended CFLUE ~s not responsive to the Treasure Coast
Regional Planning Coucil review qomments which were made prior to prepara-
tion of the DCA Objections~ Rec~endations; and Commen~s {ORC} Report and
to the collective comments of Palm Bea:h Countymunicipalities as repre-
sented by the Palm Beach County Municipal League; and,
WI(ERr:As. the CFLUE, in its present form, will severely restrict the
ability of the Ci,ty of Boynton Beach to efficiently and effectively imple-
ment its own adopted Comprehen~iv~ Plan which has been determined as "in
compliance" by the DC~.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the CityCommission of the City of Boynton Beach,
Florida, requests that the State Department of Community Affairs find the
Palm Beach County, optional element, Countywide Future Land Use Element to
be not in compliance.
Section 2. That the City Clerk is directed to transmit this
Resolution to the Department of Community Affairs, the Board of County
Commissioners, the Treasure Coast Regional Planning Council, and to the
Palm Beach County Municipal League.
PASSED ANDA~OPTED this
day of January, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
' ATTEST:
F (~)~'o~ate Seal )-