2002-046 Interlocal Agrmnt. w/PBC, PBG & LP Approving NBOZDRESOLUTION 64 2002
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS, CITY OF PALM BEACH GARDENS AND TOWN
OF LAKE PARK ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR
HEIGHTENED REVIEW REGARDING UNINCORPORATED LANDS LOCATED ALONG
NORTHLAKE BOULEVARD BETWEEN MILITARY TRAIL AND U.S. HIGHWAY NO. 1,
APPROVES THE NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT (NBOZ)
DESIGN GUIDELINES AS A POLICY AND GROWTH MANAGEMENT GUIDE, AND
PROVIDES AGREEMENT TO CONSIDER PLACING THE NBOZ IN THE VILLAGE'S LAND
DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve
the agreement with the Palm Beach County Board of County Commissioners, City of Palm Beach
Gardens and Town of Lake Park attached as Exhibit "A", which agreement provides for heightened
review regarding unincorporated lands located along Northlake Boulevard between Military Trail
and U.S. Highway No. 1, approves the Northlake Boulevard Overlay Zoning District (NBOZ) Design
Guidelines as a policy and growth management guide, and provides agreement to consider placing
the NBOZ in the Village's Land Development Code.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal
Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 23r DAY OF AUGUST, 2002.
(Village Seal)
• A ST: ~_
VILLAGE CLERK
INTERLOCAL AGREEMENT ENTERED INTO BY THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS, THE CITY OF
• PALM BEACH GARDENS, THE TOWN OF LAKE PARK AND THE
VILLAGE OF NORTH PALM BEACH PROVIDING FOR HEIGHTENED
REVIEW REGARDING UNINCORPORATED LANDS LOCATED
ALONG NORTHLAKE BOULEVARD BETWEEN MILITARY TRAIL
AND U.S. HIGHWAY ONE, APPROVING THE NORTHLAKE
BOULEVARD OVERLAY ZONING DISTRICT (NBOZ) DESIGN
GUIDELINES AS A POLICY AND GROWTH MANAGEMENT GUIDE
AND PROVIDING AGREEMENT TO CONSIDER PLACING THE NBOZ
IN THEIR RESPECTIVE LAND DEVELOPMENT CODES
This Interlocal Agreement is made this day of , 2002,
between the City of Palm Beach Gardens, a Florida municipal corporation,
hereinafter referred to as "City', the Town of Lake Park, hereinafter referred to as
"Town", the Village of North Palm Beach, hereinafter referred to as "Village" and
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred
to as "County". The City, County, Village and Town are referred to herein as
"Parties". The City, Town and Village, are referred to herein collectively as the
"Municipalities."
WHEREAS, the County, City, Town, and Village exercise comprehensive
planning authority pursuant to the Local Government Comprehensive Planning and
Land Development Regulation Act, as set forth in Part II of Chapter 163, Florida
Statutes (herein, the "Planning Act"), and enforce land development regulations to
regulate the development of land within the respective areas of jurisdiction of each
party, and
WHEREAS, the general administration of this agreement is governed by the
provisions of Section 163.01 Florida Statutes (1997); and
WHEREAS, the parties have determined that it is appropriate to enter into an
Interlocal Agreement hereinafter referred to as "Agreement" in order to ensure
efficient and orderly development, and intergovernmental coordination and
cooperation and provide heightened review of development proposals; and
WHEREAS, the orderly planning for future development of the County, City,
Town and Village requires that the procedures set forth herein be followed; and
WHEREAS, Policy 1.4-d of the Intergovernmental Coordination Element of the
1989 Palm Beach County Comprehensive Plan calls for the County to pursue
interlocal agreements with municipalities that have identified future land use
designations for adjacent unincorporated areas; and
•
WHEREAS, Objective 1.1.8 of the Future Land Use Element of the Palm
Beach Gardens Comprehensive Plan calls for the City to improve coordination with
• affected and appropriate governments and agencies to maximize their input into the
planning and development process and mitigate potential adverse impacts of future
development and redevelopment activities; and
WHEREAS, Policy 1.1.8.3 of the Future Land Use Element of the Palm Beach
Gardens Comprehensive Plan calls for the City to coordinate requests for
development orders or permits, as required, with Palm Beach County, adjacent
municipalities, the Countywide Intergovernmental Coordination Program, Treasure
Coast Regional Planning Council, South Florida Water Management District, and
state and federal agencies.
WHEREAS, Objective 4.0 of the Future Land Use Element of the Village of
North Palm Beach Comprehensive Plan calls for the Village to coordinate with
appropriate governments and agencies to minimize and mitigate potential adverse
impacts of future development and redevelopment activities, and
WHEREAS, Policy 4.1 of the Future Land Use Element of the Village of North
Palm Beach Comprehensive Plan calls for the Village to coordinate requests for
development orders or permits, as required, with Palm Beach County, adjacent
municipalities, the Countywide Intergovernmental Coordination Program, Treasure
Coast Regional Planning Council, South Florida Water Management District, and
state and federal agencies.
WHEREAS, the provisions of this Agreement are consistent with the state
Comprehensive Plan (Chapter 187, Florida Statutes); the Regional Policy Plan
adopted by the Treasure Coast Regional Planning Council and the provisions of the
Local Government Comprehensive Planning and Land Development Regulation Act
(Chapter 163, Part II, Florida Statutes); and
WHEREAS, the parties have caused to be prepared Design Guidelines,
Northlake Boulevard Overlay Zoning District, Final Report, March 11, 2002, and
hereinafter referred to as "Northlake Overlay District"; and.
WHEREAS, the parties have determined it is appropriate for the parties to
consider adoption of Northlake Overlay District in their respective land development
codes; and
WHEREAS, the parties have determined that it is appropriate for joint review
of unincorporated land development applications located along Northlake Boulevard
between Military Trail and U.S. 1 that are located within the future annexation areas
of the Village, Town and City.
•
2
NOW THEREFORE in consideration of the covenants made by each party, the
• mutual obligations, undertakings, and advantages to be realized by the parties
hereto, the parties do hereby covenant and decree as follows:
Section 1. Incorporation of Recitals.
The foregoing recitals are true and correct, were relied by the parties entering into
this Agreement and are a part of and incorporated into this Agreement.
Section 2. Authority.
This Agreement is entered into pursuant to the general authority of Section 163.01,
Florida Statutes, relating to Interlocal agreements.
Section 3. Definitions.
For purposes of this agreement the following terms are defined as follows:
A. Northlake Boulevard Corridor Overlay Zoning District shall mean -area
described and depicted in Exhibit A, generally consisting of all properties along
Northlake Boulevard from Military Trail to U.S. Highway One for one property depth
north and south of Northlake Boulevard, including the street intersection properties at
U.S. Highway One and at Military Trail hereinafter referred to as "NBOZ".
B. Joint Review shall mean - review of unincorporated land development
application by County with comment input from the reviewing municipality.
C. Reviewing Municipality shall mean -the adjacent municipality indicated in
Exhibit B.
D. Planning Director shall mean -the planning official designated by each of the
parties to implement this Agreement.
E. Study shall mean -Northlake Boulevard Overlay Zoning District (NBOZ)
Design Guidelines dated March 11, 2002.
F. Development approval shall mean -development orders issued by the Palm
Beach County Board of County Commissioners or Palm Beach County Zoning
Commission located within the NBOZ.
Section 4. Term.
A. This Agreement shall remain in effect until such time that the agreement is
terminated as provided in Section 14.
Section 5. Commitment by each Local Government to Consider the
Findings of the Northlake Boulevard Overlay Zoning District Design Guidelines.
The parties hereby approve of the Northlake Boulevard Overlay Zoning District
• (NBOZ) Design Guidelines as a policy and growth management guide and an
expression of the desires of the community. The parties agree to use the the NBOZ
as a policy guide when reviewing development proposals and plan amendments in
• the area subject to the NBOZ until such time as the NBOZ is adopted by ordinance
by each of the parties.
Section 6. Commitment by each Local Government to Consider
Adoption of a Policy in Their Respective Comprehensive Plans Recognizing the
Northlake Boulevard Overlay Zone.
The parties hereby agree to schedule public hearings and take appropriate actions to
consider placing a policy describing the area subject to this agreement and to include
a map indicating the boundaries of the Planning Area in their respective
comprehensive plans within twelve (12) months of the date this agreement is
executed.
Section 7. Commitment by each Local Government to Consider
Adopting Northlake Boulevard Overlay Zoning District as an Overlay in their
Respective Land Development Codes.
The parties hereby agree to schedule public hearings and take appropriate actions to
consider placing the Northlake Boulevard Overlay Zoning District in their respective
land development codes within twelve (12) months after adoption of the
comprehensive plan amendments referenced in Section 6.
Section 8. Northlake Boulevard Overlay Zoning District Joint Review
Procedures.
After this agreement has gone into effect, the following joint review procedures shall
apply to development applications located within the Overlay Zoning District requiring
approval by the Board of County Commissioners and/or Palm Beach County Zoning
Commission:
A. Pursuant to the requirements of Chapter 163, Part II, Florida Statutes, each
local government's Comprehensive Plan shall remain in full force and effect over its
jurisdiction. The parties shall have full authority for the preparation and adoption of
the applicable comprehensive plans and any amendments thereto pursuant to the
Planning Act, and for the adoption, amendment and enforcement of land
development regulations thereunder. The parties agree that during the period that
this agreement is in effect that the jurisdictional local government shall receive all
fees generated from comprehensive plan amendments and re-zonings/development
orders in the planning area.
B. Upon receipt of any application for a Development Approval, County staff shall
immediately transmit the application for development approval to the Planning
Director of the Reviewing Municipality for review and comment. The Reviewing
Municipality shall have 30 days to review the application and to render its comments
to County staff. In event of the postponement of the consideration of the application
• for development approval by the County, the time period for review by the Reviewing
4
Municipality shall be extended. The Reviewing Municipality's comment shall be
submitted in writing to the director of the appropriate division within the County
• Department of Planing, Zoning and Building.
C. The review of the Reviewing Municipality shall be advisory in nature; however,
the County agrees that all comments and recommendations from the Reviewing
Municipality shall be given substantial consideration in the County's overall review
process.
D. Failure of the Reviewing Municipality to submit a written recommendation
within the 30-day period provided herein shall constitute a "no recommendation" to
the County.
Section 9. Person Having Primary Responsibility.
The following persons shall have primary responsibility for implementation of and
monitoring of this Interlocal Agreement:
City of Palm Beach Gardens:
Director of Growth Management
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410-4698
(561)799-4243
Town of Lake Park:
Community Development Director
Town of Lake Park
535 Park Avenue
Lake Park, FL 33403
(561)881-3318
Village of North Palm Beach:
Public Services Director
Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
(561)691-3440
Palm Beach County
Barbara Alterman, Executive Director
Planning, Zoning & Building Department
100 Australian Avenue
• West Palm Beach, FL 33406
5
(561) 233-5008
•
•
Section 10. Effective Date.
The provisions of this Agreement shall become effective upon the execution by all
parties.
Section 11. Execution in Two or More Counterparts.
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original. All of which together shall constitute one (1) and the
same instrument.
Section 12. Filing with Clerk of the Court.
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
Section 13. Withdrawal
A municipality may withdraw from this agreement by adopting a resolution for that
purpose. As a condition precedent to withdrawal, the party proposing to withdraw
shall provide sixty (60) days written notice to the other parties of its consideration of
the resolution for that purpose. Upon adoption and delivery of an executed copy of
the resolution to the other parties to this Agreement, the withdrawal shall take effect.
withdrawing from the agreement.
Section 14. Termination
This Agreement may be terminated by the County or by a majority of the
municipalities adopting resolutions withdrawing from the agreement. The county shall
provide sixty (60) days written notice to the other parties of its consideration of the
resolution for that purpose. This Agreement shall terminate upon the County
delivering certified copies of the resolution of termination to the municipalities or
upon a majority of the municipalities delivering certified copies of resolutions
ATTEST:
By:
APPROVED AS TO FbRM
AND LEGAL SUFFICIENCY
By:
City Attorney
6
CITY OF PALM BEACH GARDENS
BY ITS CITY COUNCIL
ATTEST: TOWN OF LAKE PARK
• BY ITS TOWN COMMISSION
By:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY,
By:
Town Attorney
,ATTEST:
By:
VILLAGE OF NORTH PALM BEACH
BY ITS VII,kAGE COUNCIL
By:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: ~
Vill Attorney
ATTEST:
DOROTHY H. WILKEN
By:
• Deputy Clerk
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
7
Warren H. Newell, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY,
•
By:
County Attorney
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