Fort Walton Beach Council agenda — 04-11-06 Workshop — reading text

197, Florida Statutes ( 1989), also more rigorous requirements ofthe 1989 Comprehensive expressly provides that where, prior to the adoption of Plan adopted long after the club' s application had been a revised plan, a local government has adopted a filed. Resolution of that issue depends upon whether comprehensive plan, that plan shall have such force and there is a distinction between a comprehensive plan and effect as it had at the date of its adoption until a new zoning ordinances in applying settled legal principles. revised comprehensive plan is adopted by the local government pursuant to the Local Government I] In Machado v. Musgrove, 519 So.2d 629, 631- 32 Comprehensive Planning Act. Fla. 3d DCA 1987), rev. denied, 529 So.2d 694 Fla. I 988), the court explained the difference between 491 It thus appears that with regard to the property in planning and zoning functions as follows: the present case, at all pertinent times, it was subject to the provisions of the 1980 Comprehensive Plan and not A local comprehensive land use plan is a statutorily the 1989 Comprehensive Plan adopted by the county in mandated legislative plan to control and direct the use August, 1989. and development of property within a county or municipality. g 163. 31671( ), Fla. Stat. ( 1985); 2] [ 3] The trial court relied upon Smith v. City of Southwest Ranches Homeowners Ass' n v. Broward Clearwater, 383 So.2d 681 ( Fla. 2d DCA 1980), rev. County, 502 So.2d 931 ( Fla. 4th DCA 1987). The plan dismissed, 403 So.2d 407 ( Fla. 1981), for the is likened to a constitution for all future development proposition that, as the club was aware of the county' s within the governmental boundary. O' Loane v. intention to revise the 1980 Comprehensive Plan, the O' Rourke, 231 CaI.App. 2d 774, 782, 42 CaI.Rptr. 283, club is precluded from relying on the 1980 288 (1965). Comprehensive Plan under the " zoning in progress" Zoning, on the other hand, is the means by which the rationale. However, Smith is a zoning, not a planning, comprehensive plan is implemented, City of case. Neither the " fairly debatable" nor the " zoning in Jacksonville Beach v. Grubbs, 461 So.2d 160 ( Fla. 1 st progress" zoning rule is applicable here because of the DCA 1984), and involves the exercise of discretionary different functions of planning and zoning. For powers within limits imposed by the plan. Baker v. example, as pointed out above, Chapter 163 provides Milwaukee [ 271 Or. 500], 533 P.2d [ 772] at 775 that the existing comprehensive plan provisions are 1975). It is said that a zoning action not in accordance effective and shall have the force and effect they had with a comprehensive plan is ultra vires. Haar, In the day they were adopted until changed by a Accordance With A Comprehensive Plan [ 68 subsequent comprehensive planning law. Harv. L.Rev.], at 1156. 4] The county could have avoided this controversy As the court said in Machado, comprehensive planning had it enacted moratorium ordinance a pending its provisions as envisioned in Chapter 163, Florida consideration of the comprehensive plan' s revision, but Statutes, are not zoning laws. The zoning laws it did not do so. As the court stated in Franklin County implement the comprehensive plan, and they must be v. Leisure Properties, Ltd, 430 SO. 2d 475, 48 I ( Fla. 1 st consistent with it. To that extent the comprehensive DCA), rev. denied. 440 SO. 2d 352 ( Fla. 1983): plan is a limitation on a government's otherwise broad A local government may be confronted with the zoning powers. City ofJacksonville Beach v. Grubbs, need to amend its current plan prior to the adoption of 461 So. 2d 160 ( Fla. I st DCA 1984), rev. denied, 469 a new plan in order to prevent the establishment of So.2d 749 ( Fla. 1985). undesirable construction which would be inconsistent with the goals of the new plan. Nothing in section Finally, section 163. 31941( )( b), Florida Statutes 163. 3197 prohibits such an amendment. Nevertheless, 1989), provides, in pertinent part, as follows: we affinn the summary judgment on Count III on the ground that the county did not comply with statutory During the interim period when the provisions of the procedural requirements in enacting the moratoria. most recently adopted comprehensive plan, or element or portion thereof, and the land development We hold that the ordinance passed June 20, 1989, was regulations are inconsistent, the provisions of the most an after-the- fact effort to dignify the county' s resolution recently adopted comprehensive plan, or element or of April 6, 1989, directing staff to defer any application portion thereof, shall govern any action taken in regard not consistent with the contemplated 1989 to an application for a development order. Comprehensive Plan. Furthennore, ordinance 89- 10 PAGE 3 was ineffective as a zoning ordinance to the extent that it conflicts with the provisions of section 163. 3197, a state statute. That statute mandates that the provisions ofa comprehensive plan shall control until a subsequent revision or change to the plan is enacted. Ordinance 89- 10 purports to nullify that statutory provision as of the date of the passage ofthe ordinance. In view of the foregoing, we reverse the judgment appealed fTom and remand the cause to the trial court with directions to reconsider appellant's application in the light of the provisions of the 1980 Comprehensive Plan. DOWNEY and HERSEY, JJ., and FRANK, RICHARD H., Associate Judge, concur. Fla.App. 4 Dist.,1991. Gardens Country Club, Inc. v. Palm Beach County 590 So. 2d 488, 16 Fla. L.Weekly D2959 END OF DOCUMENT PAGE 4  CITY COUNCIL WORKSHOP April 11, 2006 Workshop Agenda Discussion of future uses of Fairgrounds and Softball Complex properties Council Member Hartwell) WA- 2 Agenda Item Number:  f: Iage 1 or 1 Joyce Shanahan From: James E. Hartwell Jr [4eagles@cox. net] Sent: Thursday, April 06, 2006 7: 17 AM To: Joyce Shanahan Subject: RE: Judicial Center Joyce. we need to discuss Is it too late to add the Fair Grounds/ Judicial Center to the adgenda for the workshop? I think chunk of that this before it becomes a run- away freight train. Do we really want to give up such a large ' prime' real estate to the county? Jim. From: Joyce Shanahan [ mailto: jshanahan@fwb, org] Sent: Tuesday, April 04, 2006 4: 45 PM To: Bill Patterson; Bob Campbell; 4eagles@cox. net; jmtuckerl@cox. net; Mike Anderson; mikeycmat@aol. com; mike@seminc. net; attycrg@aol.com; aapullen@cox, net Subject: Judicial Center Good Afternoon All: Please be advised that at the meeting of the Board of County Commissioners, they directed County Administrator needs it to the location of a Judicial Center at the Jim Curry to meet with me to discuss their as pertains I know what the County is requesting, Fairgrounds. Jim and I have a meeting scheduled for next Thursday. Once I will bring that information back to you for consideration. Thank you. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850- 833- 9504 Fax: 850-833- 9640 Cell: 850- 803- 9621 Email: ishanahan@fwb. ora 4/ 6/ 2006 Z- PIottIIIII T-, 11 ApI' ZD08 ~ e: 01Mt P:\ I....-...- CD\ Ia....... ~. K\............... dwI n