2002-047 Agrmt. w/PBC - NPB Enforces NL Blvd. Overlay ZoningRESOLUTION 47-2002
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACI I, FLORIDA, AUT'HORI7,ING AND DIRECTING THE MAYOR AND VILLAGE CLERK
7'O I:N"1'ER INTO AN AGREEMENT' WITH THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT TRANSFF,RS
LAND US13 PERMITTING AND ENFORCEMENT AUTHORITY TO THE VILLAGE FOR ALL
DEVELOPMENT WITHIN THE UNINCORPORATED COUNTY AREA ADJACENT TO THE
VII,I,AGL' IN THE NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND
PROVIDES THAT SUCH UNINCORPORATED AREAS SHALL BE SUBJECT TO THF.
COMI'RI:HENSIVEPLRN AND LAND DEVELOPMENT REGULATIONS OF THE VILLAGE
OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE.
Bl? 1T K}:SOLVIiD BY THE VILLAGE COUNCIL OF NORTH PALM BF,ACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve
the agreement with the Board of County Commissioners of Palm Beach County attached as
Exhibit "A", which agreement transfers land use permitting and enforcement authority to the Village
for all development within the unincorporated County area adjacent to the Village in the Northlake
Boulevard Overlay Zoning District and provides that such unincorporated areas shall be subject to
the comprehensive plan and land development regulations of the Village of North Palm Beach.
Section 2. 1'he Mayor and Village Clerk are hereby authorized and directed to execute the
agreement with the Board of County Commissioners of Palm Beach County 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.
YASSED AND ADOPTED THIS 22nd DAY OF AUGUST, 2002.
(Village Seal)
• ATTEST: ~
VILLAGE CLERK
JOINT AGREEMENT FOR PLANNING AND ADMINISTRATION OF LAND
• DEVELOPMENT REGULATIONS ENTERED.INTO BY THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AND
THE VILLAGE OF _NORTH PALM BEACH REGARDING
UNINCORPORATED LANDS LOCATED WITHIN THE NORTIiLAKE
BOULEVARD OVERLAY ZONING DISTRICT
This Joint Planning Agreement is made this day of , 2002,
between the Village of North Palm Beach hereinafter refetred to as "Village" and Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County". (The
Village and County aze jointly referred to herein as "parties".)
WHEREAS, Section 163.3171 FIa.Stat. (2001) authorizes the joint exercise of authority
granted to local governments pursuant to the Local Government Comprehensive Planning and
Land Development Regulation Act, Sections 163.3161 through 163.3242, Fla. Stat. (2001) by a
municipality and the County in which the municipality is located pursuant to a joint agreemen[
approved by the governing bodies of the appropriate municipality and the County; and
WHEREAS, the Village desires to enter into a joint agreement which transfers land use
permitting and enforcement authority to the Village for all development within the
unincorporated county azea adjacent to the Village in the Northlake Boulevard Overlay Zoning
District.
WHEREAS, Palm Beach County has determined that it is appropriate to enter into a
joint agreement to provide the Village of North Palm Beach authority to apply the North Palm
Beach Comprehensive Plan and land development regulations within the unincorporated County
area currently subject to the IOZ; and
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, Palm Beach County has reviewed the land development regulation and
future land use classifications proposed by the Village for the unincorporated properties as
described in the attached Exhibit "A" and finds the land development regulations provide a
reasonable use of the land and are consistent with the goals, objectives and policies of the Palm
Beach County Comprehensive Plan including those which encourage intergovernmental
coordination and which encourage the reduction of interjurisdictional incompatibilities; and
NOW THEREFORE in consideration of the mutual obligations and undertakings, the
• parties do hereby covenant and decree as follows:
I. The foregoing recitals are true and correct, were relied on when the parties entered
into this Agreement and are a part of and into this Agreement.
• 2. Pursuant to Section 163.3171(1), Florida Statues, the unincorporated areas
described in the attached Exhibit "A" are subject to the Village of North Palm
Beach Comprehensive Plan. The Village shall be responsible for the
comprehensive planning of the area described in Exhibit "A" pursuant to the
requirements of Chapter 163, Part II, Florida Statutes and shall be responsible for
implementing the Village's Comprehensive Plan pursuant to its land development
regulations including, but not limited to the Village's Northlake Boulevard
Overlay Zoning District Ordinances, code enforcement, and the issuance of
building permits. The Palm Beach County Comprehensive Plan shall remain in
full force and effect and may be applied to the areas described in the attached
Exhibit "A" to the extent the plan has countywide effect.
The County shall retain jurisdiction over all other municipal or countywide
functions as provided by Palm Beach County Charter, applicable special acts of
the Legislature of the State of Florida or County ordinances, policies or
procedures. The County shall retain responsibility for police and fire protection
and all other services not specifically transferred in this Agreement unless and
until the unincorporated areas are annexed or unless and until interlocal
agreements transferring service delivery pursuant to Section 163.01, Florida
Statues, are executed by both the Village and the County.
Nothing in this Agreement shall limit or modify the rights of any property ovmer
to complete any development which a property owner may have pursuant to any
Development Agreements or Development Orders previously approved by Palm
Beach County. In particular, the parties hereto recosnize that if a property owner
has, b}• his/her actions in reliance prior regulations, obtained vested or other legal
rights related to specific uses of property which is subject to a previously
approved Development Agreement or Development Order that in law would
prevent a local government from changing those uses in a way adverse to his/her
interests, nothing herein authorizes either local government to abridge those
rights.
~. This Agreement may be terminated by the Village or by the County following
adoption of the resolution for that purpose. As a condition precedent to the
termination of this Agreement, the party proposing to take such action shall
provide twelve (12) months advance vvtitten notice of its intention to terminate
this Agreement unless a shorter period of time is jointly agreed to by the Village
and the County. Termination shall not be effective until the effective date of an
ordinance adopted by Palm Beach County redesignating the properties in
Exhibit"A" into appropriate land use categories in the Palm Beach County
Comprehensive Plan. This Agreement shall also be terminated upon the date that
•
2
all the unincorporated properties that are subject to this Agreement are annexed by
• and are subject to the jurisdiction of the Village.
6. The Village agrees that during the period this Agreement is in effect that it shall
provide all planning, zoning, development regulation, building permit, and code
enforcement services to the unincotprated areas identified in Exhibit "A" with a
service level identical to the services provided in the Village.
The parties agree that during the period this Agreement is in effect that the Village
shall receive all fees and fines generated from comprehensive plan amendments,
zoning, development review, and code enforcement processes in the area
identified in Exhibit "A".
8. The Village acknowledges that it shall receive no monetary compensation from
the County for the services it provides pursuant to this Agreement and the Village
is entitled to no share of tax revenues or other fees collected by'the County in the
area identified in Exhibit "A".
9. The following persons shall have primary responsibility for implementation of
and monitoring of this Joint Planning Agreement:
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
3400 Belvedere Road
West Palm Beach, FL 33406
(561) 233-5008
10. The provisions of this Agreement shall become effective upon the occurrence of
all of the following events:
A. The adoption by Palm Beach County of amendments to its Comprehensive
Plan deleting future land use designations for the properties contained on
Exhibit "A".
B. The adoption of Comprehensive Plan amendments by the Village of North
• Palm Beach incorporating the areas contained in Exhibit "A" into the
•
Village's Comprehensive Plan.
C. The above amendments to both the County Comprehensive Plan and the
Village Comprehensive Plan being found in compliance with the Local
government Comprehensive Planning and Land Development Regulation
Act (Act) by the Department of Community Affairs, or being found in
compliance with the Act by the Administration Commission as provided
in Section 163.33189(2) Florida Statutes (1993).
11. 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.
12. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
s.TTEST: ., VILLAGE O NORTH PALM BEACH
Y~. By:
Village Clerk ~ ,May r
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
A
By:
eorge B win, Village Attorney
ATTEST:
By:
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
• By.
County Attorney
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PALM BEACH COUNTY. FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Warren H. Newell, Chairman