R93-36RESOLUTION NO. R93-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY TO FACILITATE
COOPERATIVE INTERACTION BETWEEN THE
COUNTY AND THE CITY WITH RESPECT TO
FUTURE PLANNING OF THE AREA NEST OF THE
CITY, SAiD AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is desirous of annexing of
unincorporated lands to the west of its current municipal
boundaries; and
WHEREAS; the County currently exercises planning and
zoning authority over the unincorporated area west of the
City; and
WTHEREAS, both the County and City seek a coordinated and
orderly continuity of designated land uses and corresponding
zonin~ assignments before and after any future annexations;
and
WHEREAS, the respective governmental bodies have reviewed
their priorities and concerns and now desire to enter into
this Interlocal Agreement to thereby facilitate cooperative
interaction between the Countv and the City with respect to
future planning of the area west of the City.
NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section i. The City Commission of the City of Boynton
Beach hereby authorizes and directs the Mayor and City Clerk
to enter into an InterlDcal Agreement between the City of
Boynton Beach and Palm Beach County, as attached hereto as
Exhibit "A"
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of March, 1993.
CITY OF BOYNTON BEACH, FLORIDA
ATT~ST:
~(Corporate Seal
~r
This Interlocal Agreement is made this day of
, 199 , by and between Palm Beach County, a
political subdivision of the State of Florida (hereinafter referred
to as "County") and City of Boynton Beach, a municipal corporation
located within Palm Beach County (hereinafter referred to as
"City").
WHERe, 'the City is desirous of annexing of unincorporated
lands to the west of its current municipal boundaries; and
NHEREA~, the County currently exercises planning and zoning
authority over the unincorporated area west of the City; and
~HERE~, both the County and City seek a coordinated and
orderly continuity of designated land uses and corresponding zoning
assignments before and after any future annexations; and
N~ERE~, the respective governmental bodies have reviewed
their priorities and concerns and now desire to enter into this
Interlocal Agreement to thereby facilitate cooperative interaction
between the County and the City with respect to future planning of
the area west of the City; and
WHEREAB, the Florida Legislature, by adoption of the Florida
Interlocal Cooperation Act of 1969, S~ction 163.01, Fla. Stat., has
encouraged cooperation between local governments in the State.'of
Florida on the basis of mu=ual advantage to thereby provide
services and facilities
economic, population and
the development of local
in accordance with the best geographic,
other factors influencing the needs and
communities; and
the County is undertaking a sector plan in the
unincorporated region to the immediate west of Bcynton Beach called
the "West Boynton Area Community Plan" which will focus on land
use, zoning problems and related issues recommending changes in the
1989 ~alm Beach County,~0mprehensive Plan and the ~Unified Land
Dev.%oPm, hr Code of Palm Beach county; and
NHEREA~, participation of the City in preparation of the plan
will facilitate the preparation of an area plan that reflects the
goals and-pol~ies of thecomprehensive plan of both the City and
the County; and
W~REA~,the City has committed to providing resources to aid
in plan prgparation, including use of City staff in preparation of
the plan and sharing of data with the County planning staff.
NOW, THEREFORE, in consideration of the mutual obligations and
undertakings as herein described below, the parties hereby agree as
follows:
1. The City will prepare an annexation plan by June 1, 1993,
that will meet the criteria described in Exhibit A. After
preparation of the plan the City and County will review the plan
and consider jointly adopting the plan through an interlocal
area
West
below.
agreement or by other means.
2. The County will undertake to
located generally west of Boynton
Boynton Area Community Plan
prepare a sector plan
Beach to be known as
described
for
the
in sub-paragraph 9
The plan will consist of two sub-areas which are
described as follows:
Ce
Sub-Area i will encompass the following:
The unincorporated area west of the City of Boynton
Beach bounded by: Hypoluxo Road to the north, the
city limits of Boynton Beach to the east, the E-30
Canal to the south, and Florida,s Turnpike to the
west, also including the residentially-designated
rectangular section north of the agricultural
reserve and south of Hypoluxo Road, extending west
to the Palm Beach County Urban Service Area
Boundary. In addition, Sub-Area ! includes
unincorporated pockets and enclaves surrounded in
whole or in part by the
City.
Sub-Area 2 will include
existing limits of the
the Palm Beach County
designated Agricultural Reserve region directly
west of Sub-Area 1, with the Loxahatchee National
Wildlife RefUge forming its western boundary.
Timeframe of the Plan - The planning process began
to be completed by
July 1992 and is anticipated
July 1, 1993.
Citizen Participation Process
1.
Community Meetings
There will be at least one community meeting
to introduce the planning effort to area
residents. During the forum, participants
will be asked to list problems related to land
3
Responsibilities
use and zoning. A community meeting will be
arranged to present the final draft plan to
area citizens.
The study group will conslst of a total of 10
members. The study group shall be appointed
as follows:
Threestud~group~members will be nominated by
Coalition of Boynton West Residential
Associations (COBWRA);
Three will be selectedby the City of Boynton
Beach; and
Four study group members will be chosen by the
Palm Beach County Planning Division: One of
the PlanningDivision's members will represent
the interests of Palm Beach County's
designated Agricultural Reserve area; and One
of the Planning Division's members will
represent the Hagen Ranch Road corridor area.
It is expected that approximately eight
meetings of the study group will be held to:
Identify problems;
Establish goals and objectives of the plan;
Discuss planning issues; and
Make recommendations regarding the plan.
of the City and the County in
preparing the plan,
1. The parties recognize that the County is
ultimately responsible for the preparation and
content of the sector plan. In exchange for
the County's agreement to prepare this plan in
a prompt fashion and recognizing the
· mportance this study area has on the City,
the City agrees to aid in the preparation of
the plan.
The City and the County agree to share
responsibilities of preparing the plan as
follows: The County is the author of the
plan, facilitates group meetings, will pay
costs of newspaper advertising regarding the
plan, will supply materials necessary for the
preparation of the plan and will print the
final document.
a. The City will assist in research and
mapping, will attend all group meetings
and take minutes at the meetings.
b. The City will also disseminate
information regarding the plan within the
City limits by utilizing all means
readily available to inform the citizens
of the City about the plan.
Content of the plan.
5
this
1. The plan will address land
issues.
2. The plan will analyze
within
~hould be included in the
use and zoning
whether any
the study area
City of Boynton
Beach comprehensive planning process pursuant
to Section I63.3171, Florida Statutes. Both
parti~$r~c~Ize~that in order forthe County
to share ahd planning responsibility
with the ~y, an additional interlocal
agreement w~ have to be entered into.
f. Upon completion ~f th~ plan, the plan will be
presented to'the County and the City for conceptual
approval.
g. Upon completion of the plan, the County agrees to
review the plan and to consider incorporating the
provisions of the plan where applicable into the
Unified Land Development Code and the 1989
Comprehensive Plan.
3. The County and City agree that during the time period
agreement is in effect, the City shall be notified of all
zoning or comprehensive plan amendment applications within the
planning area and be given the opportunity to comment on the
proposed rezoning or comprehensive plan amendments prior to
consideration of the amendments by the Land Use Advisory Board or
Zoning Commission, as appropriate. The process to review
6
comprehensive plan and zoning amendment applications
follows:
me
Ce
de
shall be as
Applications for zoning approvals and site specific
comprehensive plan amendments within the study area
shall be reviewed by the City. The City Council
shall be afforded the opportunity to review and
comment on zoning applications and site specific
comprehensive plan amendments prior to
consideration by the Land Use Advisory Board or
Zoning Commission, as appropriate.
Upon receipt of an application for rezoning or site
specific comprehensive plan amendment, County staff
shall immediately transmit the application to the
City. The City shall have 30 days to review the
application and to render its comments on the
application to County staff. The review and
comments of the City shall be submitted in writing
to the director of the appropriate division within
the County Department of Planning, Zoning and
Building.
The review by the City shall be advisory in nature;
however the City and the County agree that all
comments and recommendations from the City shall be
granted substantial consideration in the County,s
overall review process.
Failure of the City to submit a written
recommendation within the 30-day period as provided
This
for herein shall
to the County.
agreement may
constitute a "no recommendation,,
be ~executed in two
~ . or more
CoUnterpartsj each of which shall be deemed an original, but all of
which together shall· constitute one and the same instrument.
5. This agreement, and the review process as set forth
above, shall take effect immediately u~on execution by all parties.
6. This agreement shell be. recorded~ ~- in the public records of
Palm Beach County pursuant to Section 163.01, Florida Statutes.
7. This agreement may be terminated by the City or the
County following adoption of a resolution for that purpose. As a
condition precedent to the termination of this agreement, the party
proposing to take such action shall provide sixty (60) days advance
written notice of its intention to terminate.
8
CITY OF BOYNTON BE~CH
By its City Council
By:
~PPROVED~ TO FOR~
~ND LEGAL BUFFZCZENCY
City Attorney
ATTEST:
M~LTON T. BAUER
CLER~ OF THE C~RCU~T COURT
P~f BE~CH COUNTYt FLORZD~
BY IT~ BOARD OF COUNTY CO~ZSS~ONERS
x&ren To ~rcuBt Ch&ir
~PPROVED ~ TO FOR~
~D LEGAL BUFFZCZENCY
county Attorney
H: \ BD \ WPDATA\ BOYNTON