1991-08-20 DCA to Mayor \ 1 v.„%_,.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W D R I V E • T A L L A H A S S E E , F L O R I D A 3 2 3 9 9
Lawton Chiles William E. Sadowski
Governor August 20 , 19 91 Secretary
The Honorable Jim Kirk
Mayor of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
Dear Mayor Kirk:
The Department of Community Affairs recently determined that
your local comprehensive plan is not in compliance with the re-
quirements of Chapter 163 , Florida Statutes. The Department is
interested in meeting with you and your attorney at your conve-
nience for the purpose of negotiating an agreement that will
bring your plan into compliance. By settling the case in this
manner, we can avoid the need for an administrative hearing. In
order to facilitate the settlement process, my staff and I are
available to discuss your plan with you.
I want to take this opportunity to outline the process
for negotiating an agreement. The Department has prepared a
standardized stipulated settlement agreement, an example of which
is enclosed with this letter. The agreement includes two exhibits.
Exhibit A to the stipulated settlement agreement is the Statement
of Intent to find the plan not in compliance. Exhibit B to the
agreement contains the actual changes, in strike-through and
underline format, necessary to bring the plan into compliance. A
sample of a fully executed agreement is enclosed as an example of
format only.
Also, certain administrative procedures are underway. The
Division of Administrative Hearing of the Department of Adminis-
tration has been notified of our finding for the scheduling of
an administrative hearing. The hearing officer will notify your
attorney of the date (s) set for the hearing.
If you are interested in negotiating an agreement, you may
contact the Department to arrange either a meeting or a confer-
ence call to discuss your plan. You may wish to prepare a draft
of proposed changes to your plan (Exhibit B) which we can discuss
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
The Honorable Jim Kirk
August 20 , 1991
Page Two
at this time. Please transmit any proposals to me. The Depart-
ment will review and respond to your proposal.
Once Exhibit B has been agreed to by the local government
and the Departmental staff, our Office of General Counsel will
prepare the finalized stipulated settlement agreement and
transmit it to you. The local government must hold an advertised
public hearing prior to signing the agreement (see paragraph 3,
page 3 of the enclosed standardized stipulated settlement
agreement) . The agreement must be signed by the chief elected
official and then returned to the Department, where the agreement
will be presented to Secretary Sadowski for final approval and
signature. The finalized agreement needs to be signed at least
30 days prior to the hearing, for it is Department policy to
utilize the month prior to the hearing to prepare our case. Once
the agreement has been signed by the Secretary, a motion for
abatement of the hearing will be filed with the Division of
Administrative Hearings.
In addition, there is a possibility that grant monies may be
available to support some or all of the work that is necessary to
bring your plan into compliance. A request for funds should be
mailed to me. A sample request for funds is enclosed with this
letter.
If you have any questions, please do not hesitate to contact
me, Maria Abadal, Plan Review Administrator, or Meredith Dahlrose
Community Program Administrator, at (904) 487-4545. Questions of
a legal nature should be addressed to David Russ, Senior
Attorney, at (904) 488-0410. I look forward to hearing from you.
Sincerely,
Robert Pennock, Chief
Bureau of Local Planning
RP/mdw
Enclosures
•
February 15, 1990
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399 BY FACSIMILE
RE: Town of
Request for Additional Funds
Dear Steve:
The purpose of this letter is to request additional funding on
behalf of the Town to bring its adopted Comprehensive Plan into
compliance with Florida Statutes Chapter 163 .
The Town respectfully requests an allocation of $5200. 00 for the
following expenses:
1. Costs of legal publication;
2 . Costs for public hearings;
3. Town administrative staff costs in preparing for and
conducting the requisite public hearings, newspaper notices,
responding to public comments and questions and the like;
4. Professional planner consultant fees;
Page 2
5. Professional drafting and editing of amendment to the
adopted comprehensive plan;
•
6. Professional legal assistance necessary for completing the
settlement agreement process and not for preparation of
hearing in this matter; and
7 . Reproduction costs of copies of the comprehensive plan as
revised pursuant to a settlement agreement.
Please advise at your earliest convenience to the
acceptability of the above request.
Sincerely yours,
07/25/91 12.01 $`904 677 2745 /j CITY OF ORMOND '002
A'
7-0, -1riri '-=.q \1_,•,,, .`- FAX # 904-488-33
CITY OF ORMOND BEACH
JUL 2,6 1991
FLORIDA
,,7 Et,u OF LOCAL
rq..1.1,,4; ;StC, i PLAN REVIEW
AlOWIP
PLANNING dG ZONING TI.h1,,Api•c•of 4~d
July 24 , 1991
•
, , 7 1/4
04 . , 1
Robert G. Nave, Chief
Bureau of Local Planning
Florida Department of Community Affairs E`:',`;
2740 Centerview Drive R`v '"'` "' "
Tallahassee , Florida 32399
Dear Mr. Nave:
Based on the recent conversation between Karen Brodeen and our City
Attorney, we understand that all items in our response of June 7 ,
1991 to DCA' s Statement of Intent (50I) have now been resolved and
that the settlement package will be finalized by the end of August ,
in time for the City Commission meeting of September 18 , 1991 .
This would allow sufficient time to prepare the ad for publication '
prior to September 4th.
At this time we are requesting a DCA grant in the amount of $7 , 854
to cover the following costs:
Publication Cost of Ad for Stipulated Agreement $1 ,030
Publication Cost of Ad for Plan Amendment 1 , 030
Clerical Staff: 100 hours at $8 . 80 x 133% 1 , 170
•
Technical Staff: 40 hours at $17 . 70 x 133% = 942
Administrative/Legal Staff: 40 hours at $30 x 133% = 1 , 596
Republication of Land Use Element (70 Copies) = 923
Republication of Capital Improvements Element (70 Copies) = 763
Amend Land Use Plan Map (Drafting and Printing) = 400
TOTAL $7 , 854
Sincerely,
C .LJ c 1-%Richard Jac(b , AICP
Director of Planning and Zoning
RJ/ja
cc: Fred S. Disselkoen, Jr. , City Attorney
Eugene Miller, City Manager
22 SOUTH BEACH STREET • P.O. BOX 277 • ORMOND BEACH, FL 32175-0277 • (804) 677-0311
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1 .
4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, ) 2/27/91 VERSION '
vs. ) DOAH CASE NO. 2 .
)
1. , )
)
Respondent. )
)
STIPULATED SETTLEMENT AGREEMENT
Petitioner Florida Department of Community Affairs
(Department) and Respondent 3 . hereby
stipulate and agree as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning
and Land Development Regulation Act, as codified in Part II,
Chapter 163, Florida Statutes (1987) .
b. Agreement: This stipulated settlement agreement.
c. Comprehensive Plan or plan: 4 .
as adopted by Ordinance No. 5. on 6.
d. DOAH: The Florida Division of Administrative
Hearings.
e. jn compliance or into compliance: Consistent with
Sections 163.3177, 163 .3178 and 163.3191, Florida Statutes,
Section 187.201, Florida Statutes, the applicable regional policy
plan, and Chapter 9J-5, Florida Administrative Code.
w
f. Notice: The notice of intent issued by the
Department to which was attached its statement of intent to find
the plan not in compliance.
g. petition: The petition for administrative hearing
and relief filed by the Department in this case.
h. Remedial Action: A remedial plan amendment,
submission of support document or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance.
i. Remedial Plan Amendment: An amendment to the plan
or support document, the need for which is identified in
this agreement, including its exhibits, and which the 7.
must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this agreement must, in the
opinion of the Department, be consistent with and substantially
similar in concept and intent to the ones identified in this
agreement or be otherwise acceptable to the Department.
j . Statement of Intent: The statement of intent to
find the plan not in compliance issued by the Department in this
case.
k. Support Document: The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
and support the plan.
2 . entire Agreement. This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
2
• 3. Approval by Governing Body. This agreement has been
approved by the 7. 's governing body at a public hearing
advertised in a quarter-page advertisement published
approximately 14 days prior to the hearing in the manner
prescribed for advertisements in Section 163.3184 (15) (c) , F.S.
This agreement has been executed by the appropriate 7.
officer as provided in the 7 's. charter or other
regulations.
4 . Changes in Law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and
in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or
regulation shall take precedence.
5. Other Persons Unaffected. Nothing in this agreement
shall be deemed to affect the rights of any person under the law
other than the parties.
6. Attorney Fees and Costs. Each party shall bear its own
costs, including attorney fees.
7. yffective Date. This agreement shall become effective
upon the last date of signing by the parties.
PART I,
8. Purpose of Part I. The parties enter into Part I of
this agreement in a spirit of cooperation for the purpose of
avoiding costly, lengthy and unnecessary litigation and in
recognition of the desire for the speedy and reasonable
3
resolution of disputes arising out of or related to the plan.
9. Department Powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in .
compliance.
10. rxhibits. Exhibits A and B are hereby incorporated by
reference. In the event of conflict between Exhibit A and
Exhibit B, the provisions of Exhibit B shall control.
11. Adoption of Plan and Support Document. The 7 .
provided the support documents and adopted the plan by ordinance
at a properly advertised public hearing held on 6.
12. Review of Plan and Finding of Noncompliance. After
reviewing the adopted plan the Department issued its notice and
statement of intent to find the plan not in compliance, and filed
the petition in this case to that effect.
13. Negotiation of Agreement; Intent. Subsequent to the
filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement of
intent through this agreement. It is the intent of this
agreement to resolve fully all issues between the parties in this
proceeding.
14. Dismissal Recommendation. If the 7 . completes
the remedial actions required by this agreement, including the
adoption of required plan amendments as set forth herein, the
Department shall request that the Administration Commission enter
an order dismissing this proceeding without imposing any sanction
4
that might otherwise be imposed under the Act. Thereafter, the
Department shall take every action necessary to effectuate this
paragraph.
15. Filing and Continuance. This agreement shall be filed
with DOAH by the Department after execution by the parties and
shall constitute a joint request that DOAH continue this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the agreement. However, the
Department may request DOAH to schedule a hearing of this
proceeding at an earlier time, as provided in this agreement.
16. Retention of Right to Final Hearing. Both parties
hereby retain the right to have a final hearing in this
proceeding and nothing in this agreement shall be deemed a waiver
of such right.
17. Description of Provisions not in Compliance and
Remedial Actions; Legal Effect of Agreement. Exhibit A to this •
agreement is the statement of intent and contains a description
of the plan provisions found not in compliance by the Department
and remedial action needed to bring the plan into compliance. It
also constitutes an admission and stipulation by the Department
that if the described remedial actions are accomplished the plan
will be in compliance. Exhibit B contains additional detail
regarding some provisions not in compliance and remedial actions
needed for compliance. In the event of a conflict between
Exhibit A and Exhibit B, the provisions in Exhibit B shall
control.
5
•
18. Remedial Actions to be Considered for Adoption. The
7. agrees to consider for adoption by formal action of its
governing body all remedial actions described in Exhibit A (as
modified by Exhibit B) no later than the time period provided for
in this agreement.
19. Transmittal hearing for remedial actions. Within 60
days after the effective date of this agreement the 7. shall
-deliver to the Department, after a transmittal public hearing
pursuant to Section 163.3184 (3) of the Act, all remedial actions,
including all remedial plan amendments and support documents,
along with a transmittal letter describing the remedial action
taken for each part of the plan amended, including references to
specific portions and pages.
20. Review of Transmittal . The Department shall provide
the 7. with its objections, recommendations and comments on
the remedial amendments and support documents in the manner
provided in Chapter 9J-11, Florida Administrative Code, and
Subsections 163.3184 (3) -(7) , Florida Statutes. If the 7,
fails to deliver or rejects any remedial plan amendment or
support document described in Exhibit A or Exhibit B, the
Department may move for a final hearing for this proceeding as
provided in Paragraph 16 above.
21. Adoption or Approval of Remedial Plan Amendments.
Within 60 days after receipt of the Department's objections,
recommendations and comments, the 7. shall consider for
adoption all remedial plan amendments and amendments to the
6
•
support document, and deliver the amendments and a transmittal
letter to the Department as provided in Subsection 163.3184 (7) ,
Florida Statutes, and Rule 9J-11.011 (3) , F.A.C. The letter shall
describe the remedial action adopted for each part of the plan
amended, including references to specific portions and pages.
22. Review of Adoptions and Notice of Intent. Within 45
days after receipt of the adopted remedial plan amendments and
support documents, the Department shall issue a notice of intent
pursuant to Section 163.3184 , Florida Statutes, for the adopted
amendments in accordance with this agreement.
a. In Compliance: If the adopted remedial actions are
consistent with the recommendations in Exhibit A or Exhibit B,
the Department shall find the plan amendments in compliance and
shall request that DOAH relinquish jurisdiction and join the
Department in requesting that the Administration Commission adopt
a final order dismissing this proceeding and finding the plan, as
amended, in compliance.
b. Not in Compliance: If the remedial actions are
not adopted, or if the Department determines they are not
consistent with and substantially similar to the recommendations
in Exhibit A or Exhibit B, the Department shall issue a notice of
intent to find the plan amendments not in compliance and shall
forward the notice to DOAH for a hearing as provided in
Subsection 163.3184 (10) , Florida Statutes, and may request that
the matter be consolidated with the pending proceeding for a
single, final hearing. The parties hereby stipulate to that
7
consolidation and to the setting of a single, final hearing if
the Department so requests. The Department may also move for a
final hearing of this proceeding as provided in Paragraph 16 -
above.
23. Concurrent Amendment. Nothing in this agreement shall
be construed to prohibit the amendment of the plan concurrent
with the adoption of this agreement.
part II
24 . Purpose of Part II. The parties enter into Part II of
this agreement to provide funding to assist the 7 . to
undertake the remedial actions necessary to bring the adopted
plan submitted pursuant to Subsection 163.3167 (2) , F.S. and
Chapter 9J-12, F.A.C. into compliance.
25. liability. To the extent of funds received under this
agreement, the 7. hereby agrees to hold harmless the
Department, to the extent allowed by law, from all claims,
demands, liabilities and suits of third persons or entities not a
party to this agreement arising out of, or due to any act,
occurrence, or omission of the 7, ,, its subcontractors or
agents, if any, that is related to the 7. 's performance
under this agreement.
26. public Records. The 7 . shall allow public
access to all documents, -reports, papers, letters or other
material, subject to the provision of Chapter 119, Florida
8
•
Statutes, prepared or received by the 7. in conjunction
with this agreement. The Department may unilaterally cancel this
agreement if the 7. refuses to allow public access •to all
documents, papers, letters, or other material subject to the
provisions of Chapter 119, F.S. , and made or received by the 7.
in conjunction with the agreement.
27. Availability of Funds. Payment -of state funds pursuant
to this agreement is subject to and conditioned upon the total
release of authorized appropriations from the Local Government
Comprehensive Planning Assistance Program provided by law. The
State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the
Legislature as noted in Section 287.0582 , Florida Statutes.
28. Consideration.
a. As consideration for work performed under this
agreement, the Department agrees to pay a fixed fee of up to $
8. . Payment will be based on the payment schedule and other
conditions contained in paragraph 29 below.
b. Use of Funds: Funds may not be used for the
purchase of equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract. Funds may also
•
not be used for attorney fees unrelated to this agreement.
9
•
29. Method of Payment.
Deliverable Due Date payment
Proposed remedial action No later than 60 $ 9.
days after execution
of agreement
Adopted remedial action No later than time $ 9.
frames specified in
s. 163.3184 (7) , F.S.
for transmittal of
adopted plan amendments
Total $ 8 .
The first payment will be made by the Department after
timely receipt of the deliverable which will be verified by the
Department to include all required proposed remedial action. If
the transmitted remedial actions are not received in accordance
with the schedule in this agreement, or if the Department in its
discretion determines that the transmitted remedial actions are
inconsistent with this agreement, the first payment shall not be
made. The final payment will be made after receipt of the
adopted remedial actions and issuance by the Department of a
Notice of Intent to find the plan in compliance. If the adopted
remedial actions are not received in accordance with the schedule
in this agreement, or if the Department determines that the
adopted remedial actions are not in compliance, the final payment
shall not be made and the 7. shall refund the first payment
to the Department within 30 days after issuance of the Notice of
Intent.
10
30. Audit Requirements.
a. The 7. agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditures of funds under Part II of this agreement.
b. These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
their personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5: 00 p.m. , local
time, Monday through Friday.
c. The 7. shall also provide the Department with
the records, reports or financial statements upon request for the
purposes of auditing and monitoring the funds awarded under Part
II of this agreement. Bills for fees or other compensation for
services or expenses shall be submitted in detail sufficient for
a proper preaudit and postaudit thereof.
d. The 7. shall include an accounting of these
funds under Part II of this agreement in the local audit prepared
by the 7. of the 1990-91 and 1991-92 fiscal years.
e. In the event the audit shows that all or a portion
of the funds provided under Part II, were not spent in accordance
with Chapter 9J-26, Florida Administrative Code, and the
conditions of this agreement, the 7. shall be held liable
for repayment to the Department of all funds not spent in
accordance with these applicable regulations and agreement
•
• 11
provisions within thirty (30) days after the Department has
notified the 7. of such noncompliance.
f. The 7. shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to Part II of this agreement for a period of
three years after the date of submission of the final
expenditures report or, if an audit has been initiated and audit
findings have not been resolved at the end of three years, the
records shall be retained until resolution of the audit findings.
g. Bills for any travel expenses shall be submitted
in accordance with Section 112.061, Florida Statutes.
31. Modification of Part II. Either party may request
modification of the provisions of Part II of this agreement.
Changes which are mutually agreed upon shall be made by written
correspondence from the Department, by the parties and
incorporated as part of this agreement.
This agreement contains. all the terms and conditions agreed
to by the parties.
12
In witness whereof, the parties hereto have caused this .
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY 1.
AFFAIRS
William E. Sadowski
Secretary
Date Date
Attest:
7. Clerk
Assistant General Counsel 7 . Attorney
13
f
bitit4(1°e OT
STATE OF FLORIDA Veyvtr 1-v1AL
DIVISION OF ADMINISTRATIVE HEARINGS
bire°4"
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
vs. ) DOAH CASE NO. 89-4549GM
CITY OF NEW PORT RICHEY, )
)
Respondent. )
)
§TIPULATED SETTLEMENT AGREEMENT
Petitioner Florida Department of Community Affairs
(Department) and Respondent City of New Port Richey (City) hereby
stipulate and agree as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, the following
words and phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning
apd Land Development Regulation Act, as codified in Part II ,
Chapter 163 , Florida Statutes (1987) .
b. Agreement: This stipulated settlement agreement.
c. Comprehensive Plan or plan: City of New Port
Richey Comprehensive Plan, as adopted by Ordinance No. 1203 on
June 29 , 1989 .
d. pOAH: The Florida Division of Administrative
Hearings.
e. In compliance or into compliance: Consistent with
Sections 163 . 3177 , 163 . 3178 and 163 . 3191, Florida Statutes,
•
Section 187 . 201, Florida Statutes, the Tampa Bay Regional Policy
1
Plan, as adopted by Rule 27E-4 , Florida Administrative Code, and
Chapter 9J-5, Florida Administrative Code.
f. notice: The notice of intent issued by the
Department to which was attached its statement of intent to find
the plan not in compliance dated August 18, 1989 .
g. petition: The petition for administrative hearing
and relief filed by the Department on August 23 , 1989, that
initiated proceedings before DOAH in this case (Case No. 89-
4549GM.
h. remedial action: A remedial plan amendment,
submission of support document or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance.
i. remedial plan amendment: An amendment to the plan
or support document, the need for which is identified in
this agreement, including its exhibits, and which the City must
adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this agreement must be consistent with and
substantially similar in concept and intent to the ones identi-
fied in this agreement or be otherwise acceptable to the Depart-
ment.
j . Statement of intent:. The statement of intent to
find the plan not in compliance dated August 18, 1989.
k. support document: The studies, inventory maps,
surveys, data, inventories, listings or analyses used to develop
and support the plan adopted by the City on June 29, 1989 . •
2
2 . entire agreement. This is the entire agreement between
the parties and no verbal or written assurance or promise is
effective or binding unless included in this document.
3 . Approval by governing body. This agreement has been
approved by the City governing body and executed by the appropri-
ate City officer as provided in the City's charter or other
regulations.
4 . Chancres in law. Nothing in this agreement shall be
construed to relieve either party from adhering to the law, and
in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or
regulation shall take precedence .
5. Other persons unaffected. Nothing in this agreement
shall be deemed to affect the rights of any person under the law
other than the parties.
6. Attorney fees and costs. Each party shall bear its own
costs, including attorney fees.
7 . Public Records. The City shall allow public access to
all documents, reports, papers, letters or other material, sub-
ject to the provision of Chapter 119, Florida Statutes, prepared
or received by the City in conjunction with this agreement. It
is expressly understood that upon receipt of substantial evidence
of the City's refusal to comply with this provision, the Depart-
ment will have the right. to terminate this agreement for breach.
•
3
8 . liability. The City hereby agrees to hold harmless the
Department, to the extent allowed and required by law, from all
claims, demands, liabilities and suits of third persons or enti-
ties not a party to this agreement arising out of, or due to any
act, occurrence, or omission of the City, its subcontractors or
agents, if any, that is related to the City' s performance under
this agreement.
9. Effective date. This agreement shall become effective
upon the last date of signing by the parties.
ART
10. Purpose of Part I. The parties enter into Part I of
this agreement in a spirit of cooperation for the purpose of
avoiding costly, lengthy and unnecessary litigation and in
recognition of the desire for the speedy and reasonable
resolution of disputes arising out of or related to the plan.
11. Department powers. The Department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in
compliance.
12. Exhibits. Exhibits A and B are hereby incorporated by
reference. In the event of conflict between Exhibit A and
Exhibit B, the provisions of Exhibit B shall control .
13 . Adoption of plan and support document. The City adopt-
ed the plan by ordinance and support documents by resolution at a
properly advertised public hearing on June 29, 1989.
4
14 . Review of plan and finding of noncompliance. After
reviewing the adopted plan the Department issued its notice and
statement of intent to find the plan not in compliance, and filed
the petition in this case to that effect.
15. Standing to file notice and petition. The Department
met the requirements of Section 163. 3184 (8) , Florida Statutes,
because it participated in the adoption public hearing and based
its determination of compliance and its notice and statement of
intent only on its written objections and recommendations to the
plan pursuant to Section 163 . 3184 (6) , Florida Statutes, or on any
changes made by the City to the plan as adopted.
16. Negotiation of agreement; intent. Subsequent to the
filing of the petition the parties conferred and agreed to
resolve the issues in the petition, notice and statement .of
intent through this agreement; It is the intent of this
agreement to resolve fully all issues between the parties in this
proceeding.
17 . Dismissal recommendation. If the City completes the
remedial actions required by this agreement, including the adop-
tion of required plan amendments as set forth herein, the Depart-
ment shall request that the Administration Commission enter an
order dismissing this proceeding without imposing any sanction
that might otherwise be imposed under the Act. Thereafter, the
Department shall take every action necessary to effectuate this
paragraph.
18 . Filing and continuance. This agreement shall be *filed
5
with DOAH by the Department after execution by the parties and
shall constitute a joint request that DOAH continue or abate this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the agreement. However, the Depart-
ment may request DOAH to schedule a hearing of this proceeding at
an earlier time, as provided in this agreement.
' 19 . retention of right to final hearing. Both parties
hereby retain the right to have a final hearing in this
proceeding and nothing in this agreement shall be deemed a waiver
of such right.
20. Description of provisions not in compliance and
remedial actions ; legal effect of agreement. Exhibit A to this
agreement is the statement of intent and contains a description
of the plan provisions found not in compliance by the Department
and remedial action needed to bring the plan into compliance. It
also constitutes an admission and stipulation by the Department
tFiat if the described remedial actions are accomplished the plan
will be in compliance. Exhibit B contains additional detail
regarding some provisions not in compliance and remedial actions
needed for compliance. In the event of a conflict between
Exhibit A and Exhibit B, the provisions in Exhibit B shall
control .
21 . Remedial actions to be considered for adoption. The
City agrees to adopt by formal action of its governing body all
remedial actions described in Exhibit A (as modified by Exhibit
B) no later than the time period provided for in this agree ent.
6
22 . Transmittal hearincr for remedial actions. Within 60
days after the effective date of this agreement the City shall
deliver to the Department, after a transmittal public hearing
pursuant to Section 163 . 3184 (3) of the Act, all remedial actions ,
including all remedial plan amendments and support documents,
along with a transmittal letter describing the remedial action
taken for each part of the plan amended, including references to
specific portions and pages.
23 . Review of transmittal . The Department shall provide
the City with its objections, recommendations and comments on the
remedial amendments and support documents in the manner provided
in Chapter 9J-11, Florida Administratit•e Code, and Subsections
163 . 3184 (3) - (7) , Florida Statutes. If the City fails to deliver
or rejects any remedial plan amendment or support document de-
scribed in Exhibit A or Exhibit B, the Department may move for a
final hearing for this proceeding as provided in Paragraph 19
above.
24 . Adoption or approval of remedial plan amendments .
Within 60 days after receipt of the Department's objections,
recommendations and comments, the City shall consider for adop-
tion all remedial plan amendments and amendments to the support
document, and deliver the amendments and a transmittal letter to
the Department as provided in Subsection 163 . 3184 (7) , Florida
Statutes, and Rule 9J-11. 011 (3) , F.A.C. The letter shall de-
scribe the remedial action adopted for each part of the plan
amended, including references to specific portions end pages.
7
25. peview of adoptions and notice of intent. Within 45
days after receipt of the adopted remedial plan amendments and
support documents, the Department shall issue a notice of intent
pursuant to Section 163 .3184 , Florida Statutes, for the complete
comprehensive plan, as amended, in accordance with this
agreement.
a. ;n compliance: If the adopted remedial actions
are consistent with the recommendations in Exhibit A or Exhibit
B, the Department shall find the plan and plan amendments in
compliance and shall request that DOAH relinquish jurisdiction
and join the Department in requesting that the Administration
Commission adopt a final order dismissing this proceeding.
b. Not in compliance: If the remedial actions are
not adopted, or are not consistent with and substantially similar
to the recommendations in Exhibit A or Exhibit B, the Department
shall issue a notice of intent to find the plan not in compliance
apd shall forward the notice to DOAH for a hearing as provided in
Subsection 163. 3184 (10) , Florida Statutes, and request that the
matter be consolidated with the pending proceeding for a single,
final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single, final hearing. The
Department may also move for a final hearing of this proceeding
alone as provided in Paragraph 9 above. In any proceeding under
this paragraph, the City shall have the burden of proving by a
preponderance of the evidence that an adopted remedial action is
consistent with and substantially similar to the recommendations
8
in Exhibit A or Exhibit B.
26. Waiver. The parties waive any right to appeal or
initiate proceedings on, or to otherwise challenge on any ground
in any forum, the plan as amended, so long as the provisions of
this agreement are complied with. Both parties reserve the right
to appeal the inclusion of any amendment to the plan that is not
included in this agreement.
27 . Concurrent amendment. Nothing in this agreement shall
be construed to prohibit the amendment of the plan concurrent
with the adoption of this agreement.
part II
28 . purpose of Part II . The parties enter into Part II of
this agreement to provide funding to assist the City to undertake
the remedial actions necessary to bring the adopted plan submit-
ted pursuant to Subsection 163. 3167 (2) , F.S. and Chapter 93-12 ,
F.A.C. into compliance.
29. Availability of Funds. Payment of state funds pursuant
to this agreement is subject to and conditioned upon the total
•
release of authorized appropriations from the Local Government
Comprehensive Planning Assistance Program provided by Chapter 88-
555, Laws of Florida. The State of Florida 's performance and
obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature as noted in Section
287 . 0582 , Florida Statutes.
30. Consideration.
a. As consideration for work performed under this
9
agreement, the Department agrees to pay a fixed fee of up to
$5 , 920. 00. Payment will be based on the payment schedule con-
tained in paragraph 31 below.
b. Use of Funds: Funds may not be used for the
purchase of equipment, fixtures, or other tangible property of a
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract. Funds may not
be used to pay attorney fees except for fees incurred to review
this agreement and the remedial actions described herein.
31. J4ethod of Payment.
Deliverable Due Date payment
Proposed remedial actions No later than 60 $2 , 960. 00
days after execution
of agreement
Adopted remedial actions No later than time $2 ,960. 00
frames specified in
s. 163.3184 (7) , F.S.
for transmittal of
adopted plan amendments
Total $5, 920. 00
The first payment will be made by the Department after
receipt of the deliverable which will be verified by the Depart-
ment to include all required proposed remedial actions. The
final payment will be made after receipt of the adopted remedial
actions and issuance by the Department of a Notice of Intent to
find the plan in compliance.
32 . Audit requirements.
a . The City' agrees to maintain adequate financial proce-
10
•
dures and adequate support documents to account for the expenditures
of funds under Part II of this agreement. -
b. These records shall be available at all reasonable
times for inspection, review, or audit by state personnel and
other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8: 00 a.m. to 5: 00 p.m. , local
time, Monday through Friday.
c. The City shall also provide the Department with the
records, reports or financial statements upon request for the purposes
of auditing and monitoring the funds awarded under Part II of this
agreement.
d. The City shall include an accounting of these funds
under Part II of this agreement in the local audit prepared by the
City of the 1989-90 and 1990-91 fiscal years.
e. In the event the audit shows that all or a portion
of the funds provided under Part II, were not spent in accordance
with Chapter 9J-26, Florida Administrative Code, and the conditions of
this agreement, the City shall be held liable for repayment to the
Department of all funds not spent in accordance with these applicable
regulations and agreement provisions within thirty (30) days after the
Department has notified the City of such noncompliance.
f. The City shall retain all financial records, supporting
documents, statistical records, and any other documents pertinent to
Part II of this agreement for a period of three years after the
date of submission of the final expenditures report or, if an
11
audit has been initiated and audit findings have not been re-
solved at the end of three years, the records shall be retained•
until resolution of the audit findings.
33 . Modification of Part II . Either party may request
modification of the provisions of Part II of this agreement.
Changes which are mutually agreed upon shall be made by written
correspondence from the Department, by the parties and
incorporated as part of this agreement.
This agreement contains all the terms and conditions agreed
to by the parties.
In witness thereof, the parties hereto have caused this
agreement to be executed by their undersigned officials as duly
authorized.
DEPARTMENT OF COMMUNITY CITY OF NEW PORT RICHEY
AFFAIRS
i/i ice`•
tb, 41P'.1 (c2441:"Q
Thomas G. Pe ;am
Secretary
Da Date
Attest:
i
Ay Clerk
Af A_kid w•irpI1P
-
Senior Attorney City Attorney
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12
EXHIBIT" "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
•
IN RE: CITY OF NEW PORT RICKEY )
COMPREHENSIVE PLAN )
ADOPTED BY ORDINANCE ) DOCKET N0. 69-NOI-5103- (N)
NO. 1203 ON JUNE 29 , 1989 )
)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues
its Statement of Intent to find the Comprehensive Plan of the
City of New Port Richey adopted by Ordinance No. 1203 on June 29 ,
1989 , Not In Compliance based upon the material in the
Objections , Recommendations and Comments Report issued by the
Department on April 15, 1989 , which is hereby incorporated by
reference, and changes made to the plan as adopted that were not
previously reviewed by the Department. The Department finds that
' the plan is not "in compliance," as defined in Section
163 . 3184 (1 ) (b) , Florida Statutes (F.S. ) , because it is not
consistent with Section 163 . 3177 , F.S. , the State Comprehensive
Plan, the Tampa Bay Regional Policy Plan, or Chapter 9J-5,
Florida Administrative Code (F.A.C. ) , for the following reasons :
I . CONCURRENCY
A. Inconsistent provision. The inconsistent provisions of
the plan grouped under this subject heading are as follows :
1 . Policy 1 .4 .4 (page 59 ) of the Capital Improvements
Element states that the City shall issue development orders and
permits when required capital facilities are present or in the 5-
year scnedule of capital improvements. The issuance of a
development order or permit based upon the fact that the 5-year
schedule includes the facility does not ensure that the
facilities will be available concurrent with the impacts 'of
de•:='_: -:'t . Rule 9J-5.016 (3 ) (c)6 . , F.A.C.
2 . Policy 1 .4 .4 (page 59 ) of the Capital Improvements
Element is inconsistent with Objective 1 .12 and associated
policies (page 59 ) of the Future Land Use Element which states
that development orders and permits shall be issued only if
pi/04r' facilities are available concurrent with the impact of
development . Section 163. 3177 (2 ) , F.S. Rules 93-5 .005 (5) , 93-
5.006 ( 3 ) (c ) 3 . , and 93-5.006 ( 3 ) (c)6 . , F.A.C.
B. Recommended remedial actions . These inconsistencies
m.y bo remodied by taking the following actions :
1 . Include a policy in the Capital Improvements Element
which specifies how the City proposes to implement a concurrency
management system to ensure that public facilities and services
will meet the adopted level of service (LOS) standards and will
be available concurrent with the impacts of development.
2. Alternatively, the City may revise Policy 1 .4 .4 of the
Capital Improvements Element to state that development orders and
permits will not be issued unless adequate public facilities an.^
services which meet adopted LOS standards are available and
ensured to be available concurrently with the impacts of
development .
2
II. LEVELS OF SERVICE
A. Inconsistent provisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows: '
1 . The plan does not include a policy which adopts LOS
standards at peak hour for all roads within the local government
jurisdiction by facility or facility type. Rules 93-
5.007 ( 3 ) (c)1 . and 93-5.005 ( 3 ) , F.A.C.
2 . A policy which adopts a LOS standard for drainage
facilities is not included. Rule 93-5.011 (2 ) (c)2.d. , F.A.C.
While the City has indicated on page 9 ( "Infrastructure" Element )
that due to a lack of engineering data, information necessary to
address the data and analysis requirements are unavailable, an
interim LOS standard based on best available data is not
included.
3 . The Capital Improvements Element Policy 1 .4 .5 (page 59 )
- states that the City will adopt the LOS standards found in the
-other plan elements; however, the City does not include the
required policy for establishing LOS standard within the Traffic
Circulation Element and the drainage portion of the
"Infrastructure" Element.
B. Recommended remedial actions . These inconsistencies may
be remedied by taking the following actions :
1 . Revise Objective 1 . 1 (page 11 ) in the Traffic
Circulation Element to be adopted as a policy. Identify specific
implementation programs or activities which will improve the LOS
----- an U.S. 19 (SR 55) , from CR 518 to North City Limits (NCL) , to
-- - 3
achieve the adopted LOS standard . Alternatively, the City may
adopt a LOS standard of maintain and improve with provisions for
mitigating the traffic circulation impacts of future approved
developments.
2. Include a policy which adopts an interim LOS standard
based on the best available data for drainage facilities . The
LOS standard must include performance standards for water
quality.
III . AFFORDABLE HOUSING
A . Inconsistent provisions . . The inconsistent provisions
of the plan grouped under this subject heading are as follows :
1 . The plan does not provide appropriate plans and
policies for the provision of affordable housing and adequate
sites f^r affordable housing , and for the elimination of
substandard housing. Rules 9J-5.010 ( 3) (b)l . , 9J-5.010( 3 ) (b)2 . ,
9J-5 .010( 3 ) (b)4 . , 9J-5.010 ( 3 ) (c) ( 3 ) . , and 9J-5.010 (3) (c)5.
While Objective 1 .1 (page 19 ) , Objective 1 .3 (page 20 ) ,
Objective 1 .5 (page 21 ) and Objective 1 .8 (page 23 ) and
associated policies of the Housing Element address the issue of
affordable housing and elimination of substandard housing; these
objectives and their associated policies do not identify the
means by which the City will provide housing with supporting '
infrastructure for anticipated very low and low-income
households . Table 22 (page 39 ) in the Housing Element indicates •
that 32 percent of the projected population for 1990 will be very
•
4
•
i
low and low-income households. Also, these objectives and
policies do not identify specific programs which will reduce the
substandard housing conditions in the City.
B. Recommended remedial actions : These inconsistencies may
be remedied by taking the following actions :
1 . Revise Objective 1 .1 (page 19 ) in the Housing Element
to identify an intermediate end for the provision of affordable
housing units . Include measures such as extent, type, quality
and specific quantity of affordable housing which will be
provided to meet the needs of the anticipated low and moderate-
income households . Also, include data and analysis which
supports the objective and demonstrates the City's commitment to
providing affordable housing for the anticipated low and
moderate-income households .
2 . Revise Objective 1 . 3 (page 20 ) in the Housing Element
to identify an intermediate end and state specifically what it is
that the. City intends to do in •promoting the opportunity" for
citizens to purchase affordable housing. The objective does not
guarantee that the citizens will be able to purchase housing for
which they can afford. Therefore the City needs to identify
measures which will work toward achieving this end . Measures
which the City could use would be to:
- designate more acreage for high density residential use '
on the Future Land Use Map or map series to meet the
anticipated need for low and moderate-income households ;
- identify new land use regulations or amend existing
5
regulations which promote;
* efficient well designed houses,
* compact lots (small lot districts ) ,
* greater flexibility in siting houses (zero •
lotline districts ) ,
* greater flexibility in the design of streets,
sidewalks and other site improvements (cluster
design) , and
• * factory-built housing in a variety of locations;
and
- develop a housing partnership program which would
solicit funding from local financial institutions and
encourage them to provide FHA/VA loans to home buyers at
reduced rates with minimum down payment requirements
under the 1977 Community Reinvestment Act. •
Also, include data and analysis which supports the objective and
demonstrates the City's commitment to providing affordable
housing for the anticipated low and moderate-income households ,
and for mobile homes .
3 . Revise Objective 1 .5 and Policies 1 .5.1 and 1 .5.2 (page •
21 ) in the Housing Element to identify a measurable end to be
achieved and implementation programs or activities subsequent to
the plan adoption to address elimination of substandard housing .
conditions . The objective should identify a specific percentage
or amount of substandard housing which will be eliminated by
1995 . The policies which implement the objective should then
identify how the City will achieve this end . While increasing
code enforcement is a way to ensure maintenance of safe and
decent housing, it does not reduces or eliminate the substandard
housing condition. Since the residents which live in substandard
housing are primarily very low and low income persons, the City
should implement assistance programs which would allow these
households to make repairs necessary to eliminate the substandard
housing conditions . This could be implemented in phases with a
long-term date specified for the elimination of all substandard
housing conditions .
4 . Revise Objective 1 .8 (page 23 ) in the Housing Element
to identify an intermediate end which states what the City will
do to provide adequate sites for housing low and moderate income
families , and for mobile homes . Assisting residents to identify
adequate sites does not ensure that sites will be available to
meet the anticipated need in the future. Therefore, the City
• should adopt specific land use regulations which require
developers to dedicate a percentage of acreage or fee in lieu of
(based on a locally determined calculus ) , for development and
redevelopment projects to ensure the provision of adequate sites
to meet the anticipated low and moderate income housing, and
mobile home needs in the future.
•
IV. FINANCIAL FEASIBILITY
A. Inconsistent provisions . The inconsistent provisions of
the plan grouped under this subject heading are as follows :
1 . The City's inventory of capital improvements does not
7
include needs identified in the plan elements which are within
the definition of capital improvements as defined by Rule 9J-
5.003 (10 ) , F.A.C. , but only those improvements in excess of
$100,000 and a life expectancy of five (5) years.
B. Recommended remedial actions . These inconsistencies may
be remedied by taking the following actions :
1 . Revise the City's definition of capital improvements to
be consistent with Rule 9J-5.003 (10) , F.A.C. , and include the
required items in the inventory of capital improvements .
V. State Comprehensive Plan and Regional Policy Plan
A. Inconsistent provisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1 . The plan is not consistent with these provisions of the
State Comprehensive Plan: Goal 5 (Housing) , Policy. 3; Goal 8
(Water Resources ) , Policies 10 and 12; Goal 26 (Plan
Implementation) ; Policies 2 and 3 . Rule 9J-5.021 , F.A.C.
2 . _ The plan is not consistent with and does not further
these parts of the Tampa Bay Regional Policy Plan: Housing,
Policies 5 .4 .1 , 5 .4 .4, 5.4 .10, 5.5.1 and 5.5.2; Water Resources ,
Policies 8 . 1 .6 , 8. 3.1 , 8.5.2 and 8.5. 3 .
B. Recommended remedial actions. These inconsistencies
may be remedied by taking the following actions :
1 . Revise the plan to include the recommended remedial
actions outlined in paragraphs I .B. , II .B. , M .S. and Iv.B.
8
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1 - r
CONCLUSIONS OF LAW
Based upon these findings, the Department makes the
following conclusions of law: •
1 . The plan is not consistent with the Tampa Bay Regional
Policy Plan.
2 . The plan is not consistent with the state comprehensive
plan.
3 . The plan is not consistent with the requirements of
Rule Chapter 9J-5, Florida Administrative Code.
4 . The plan is not consistent with the requirements of
Section 163 . 3177 , Florida Statutes .
5 . The plan is not "in compliance, " as defined in Section
163 . 3184 (1 ) (b) , F.S.
6 . In order to bring the plan into compliance, the County
may complete the recommended remedial actions described or adopt
other remedial actions that eliminate the inconsistencies .
Executed this day of August, 1989, at Tallahassee,
Florida.
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
dile
Paul R. Bradshaw
Division of Resource Pla g
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
9
i
• EXHIBIT "B"
These are the Remedial Plan Amendments required to bring the Plan into
Compliance. (CODING: Language ttr. .L three-et is a deletion from
existing test; language underlined is an addition to existing text.)
I. CITY OF NEW PORT RICHEY COMPREHENSIVE PLAN CONCURRENCY REVISION: •
Policy 1.4.4
The- err,. shalI revere that deveivpmeht orders slid permit, m Hewed
me47 when t e/re d t y i t G l f. .i u i t i ca RTC pre?e L t' e r s'L'hedaied *n the
-s.,►t
rear s6h dole of Ldr1cai grit!, fmmliva 1Jcc+titicd
cbiR Terre: wrbf a rise that the LYtj *7 L v u a f a C c u L s'It3r the R!'S tete—
ftefteC e.f. the tavris of $cir1 cs stweivrde fur affreted ywLr1i6 is 1iLica
edepted by this eemprrhermitt Fiver.
Policy 1.4.4
The City Council shall issue development orders and permits only when
the required capital facilities are present or will be available con-
current with the impacts of development .
II. CITY OF NEW PORT RICHEY COMPREHENSIVE PLAN TRAFFIC CIRCULATION
ELEMENT REVISION
Objective 1.1
A* of the e f f 1.t i.e date of this evaTteh,erarve rfaa, the i
love} of 5= .i c.: (LOS) H peak truer whet* be the stwedwrd• f er r
^= —sal uai co11.cv 1.. s viThfe tiic City.
Objective 1.1
•
As of the effective date of this Comprehensive Plan, the City of New
Port Richey shall establish levels of service for those roadways
located within its municipal boundaries.
Policy 1.1
As of the effective date of this Comprehensive Plan, the operational
Level of Service (LOS) for those arterial and collector roadways
located within the City of New Port Richey shall be D peak hour,
•
w-
•
D7 494+ 4946 or oat** s tie it s totter dratorre p+on *,
teoTormrtomrt, rho *err* of serr irtr a-t U i c rd for dtai•nagr,, ss c•orrtai-ae d
tire eitria tome Dorrbmormr Rc b u1 of i v t,S, silo vc *n sr
dTt2 c a i W Il a a a u a a.: pima d roftm 1 d 12tI tbe L a Yo a.i L f to =moue the 40 Tsar-
frevaemo r, be--siirotor WTVT= error sod to r•t•dm c e or
t"i't cd tu.iav,u+- nta1 tht
!s$ 8r ogr baler.
Objective 2.1
As of the effective date of this Comprehensive Plan, or until such time
as a master drainage plan is operational , the City shall continue to
maintain, and where necessary improve, the existing stormvater drainage
system located within its municipal boundaries.
•
T.he +Tod orrrimpwratt.6,.1.L.Z.ns dovoimped
of er diS,LSa1va w t h tire Siii: for thmmo boot ummoromear 1ci.1,u1yuca
a tQblt to the f,a.ylc.+.cnt tioat for rho IutcTir. th aivage viva.
Policy 2.1.2
Until the Hester Drainage Plan is completed and adopted, the interim
LOS standard is hereby established.
Onsite: Retain the difference in pa and post development runoff
for 25 year, 24 hour storm event.
Offsite: Conveyance system to tarry runoff from ten an year
one j hour storm event.
•
III. CITY OF NEW PORT RICHEY COMPREHENSIVE PLAN HOUSING ELEMENT REVISION
Affordable Housing
S bjerrf or �r3 •
Tito eity mi711-1} Orr re r o the for s + L i L i 4.c„S of tiTe eity
er4 worrommeing array to porthole or trot door ,rr, safr arrd $ „i t a a
S l}.a,.h tiro, too if ford, free from t a L i t t a a f
hoe or of tyro, mom, iraodirop, ettr rtc batiegroaa•d, sit, mat^lt G l
s :S or 1+vuSc3 rvf•d tvu.t+vaitiv,t.
Objective 1.3
The City shall , through its land development regulations, allow the
use of such low cost housing techniques such as, but not limited to,
manufactured housing, mobile homes, modular housing, cluster develop-
_ tents , zero lot line zoning and townhouses. Through these methods
and efforts Itx the private sector, it is the intent of the City then
1 ,124 low-moderate income housing opportunities will be provided by
1995. It is further understood that this number will be revised after
the 1990 census data is made available. _
Policy 1.3.3
The City shall , through its land development regulations, allow the
use of such low cost housing techniques such as, but not limited to,
mobile homes , manufactured housing, modular housing, cluster develop-
ments , zero lot line zoning, and townhouses.
•
Policy 1.3.4
The City, through Its land development regulations, shall establish
density bonuses for the inclusion of affordable units within resi-
dential projects and intensity bonuses for the inclusion of affordable
units within mixed-use developments.
Policy 1.3.5
The City shall continue to allow a variety of residential land use
densities in order to enhance the opportunity for the private sector
to provide for a variety of housing types in a wide range of costs .
•
O j eet-ii tai.'g-r5 •
5
As eere e?- i C, tin- e2T7 5:77 1c✓S.a.i�c.�
*eueing -- ` t' -.. that may exist.
Objective 1.5
•
The City shall, through its code enforcement efforts , prevent the
physical decline of stable neighborhood such that no new areas
qualify as substandard.
Site C- y D24cl1 'iti‘acale LSfLe tl+rw„,0 1„6„1.,
imf• the Lvataiut stork ant Lwatt2at.i.rd circle
Policy 1.5.1
The City shall periodically survey and inspect housing conditions
within targeted areas known to contain substandard housing conditions ,
and will take code enforcement actions , including follow up inspections
and the issuance of orders to replace/repair as necessary.
•
•
•
•
J .
Polio 1.5.3
The City •hall continue to administer state and federal pant progra ms
designed to provide housing opportunities for low and moderate intone
households.
Policy 1.5.4
It shall be the policy of the City of New Port Richey to order the
demolition of unoccupied housing units which are unfit for human
hcbitation and are not financially feasible for rehabilitation.
Policy 1.7.3
The conservation, maintenance and rehabilitation of existing
residential areas shall be encouraged.
Policy 1.7.3
It shall be the policy of the City of New Port Richey to target
neighborhoods with the highest number of concentration of sub-
standard housin& units for remedial housing programs; remedial
housing programs include, but are not limited to: code enforcement ,
low interest loans or grants provided from state and federal programs.
Objective 1.9
The City shall, through its code enforcement efforts , prevent the
physical decline of stable neighborhoods such that no new areas
qualify as substandard.
Policy 1.9.1
The. City shall target low and moderate income neighborhoods for
concentrated capital improvements when necessary in order to
achieve compliance with the adopted Levels of Service standards.
Policy 1.9.2
The City shall concentrate service improvements in existing
neighborhoods in order to comply with adopted LOS standards .
Measure
Availability of up blic facilities and services.
•