1992-05-22 Morell to DCA w/ Ord. 645 MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-1406 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-9300
(904) 425-8301 FACSIMILE
May 22, 1992
HAND DELIVERED
Mr. Robert Pennock
Chief, Bureau of Local Planning
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida
Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM; DCA
Docket No. 90-NOI-4702-(N) ; Remedial Amendment Plan
Adoption Package
Dear Robert:
The purpose of this letter is to provide the Department of
Community Affairs and the Central Florida Regional Planning Council
with the City of Okeechobee's Remedial Comprehensive Plan Amendment
Adoption Package in accordance with Section 163 . 3184, Florida
Statutes, as amended by Chapter 92-129, Laws of Florida, Rule 9J-
11 . 011, Florida Administrative Code, Paragraph 21 of the Stipulated
Settlement Agreement entered into by the Department of Community
Affairs and the City of Okeechobee on March 27 , 1992, and the
written consent of counsel for the Department and City executed on
April 9, 1992 .
In accordance with Rule 9J-11 . 011( 3) , Florida Administrative
Code, enclosed please find five (5) certified copies of Ordinance
No. 645 which was adopted by the City Council on May 19 , 1992 .
The agreed upon remedial plan amendments to the Goals,
Objectives and Policies of the City of Okeechobee' s Comprehensive
Plan which were provided for in Exhibit B of the Stipulated
Settlement Agreement are contained in sections 3, 4 and 5 of the
ordinance. At the close of the public hearing for ordinance
adoption, a motion was made, seconded and approved by the City
Council to have the City Administrator transmit the agreed upon
revisions to the Plan Data and Analysis to the Central Florida
Regional Planning Council to be included in a revised Plan Data and
Analysis Document.
Per Rule 9J-5. 011(3) (a) , Florida Administrative Code, the only
additional changes made in the adopted amendments from those agreed
upon in the Stipulated Settlement Agreement were editorial changes
that the City and Department agreed upon during our telephone
conversation of April 24, 1992 . The editorial changes occur in the
Robert Pennock
May 22, 1992
Page Two
language providing for maximum impervious surface criteria for the
commercial, industrial and public facilities land use designation
categories . The editorial changes occur in Paragraphs (c) , (d) and
(e) which are republished in Section II of the ordinance at page 3.
The agreed upon editorial changes were made to the remedial
amendments to clarify that the term "development" referred to in
the public facilities category refers only to the maximum
impervious surface criteria.
According to Paragraph 29 of the Stipulated Settlement
Agreement, the Department agreed to make the first payment of
$3, 750. 00 to the City after receipt of the proposed remedial
action. The Department further agreed to make the final payment of
an additional $3,750 ( for a total payment of $7,500) to the City
after receipt of the adopted remedial action. Since the Department
consented to allow the City to utilize the single public hearing
provision for remedial plan amendments authorized by the
Legislature in Chapter 92-129, Laws of Florida, there was no
transmittal of proposed remedial actions as contemplated by the
parties in Paragraph 29 . Therefore, the City assumes that the
Department will make one payment to the City of $7,500 in the event
that the Department issues a cumulative notive of intent finding
both the compliance agreement amendment and the plan as amended in
compliance with the next 45 days .
With best personal regards, I am
Sincerely,
())14-datQl4A- 6\-a
Michael Wm. Morell
Special Counsel to the City of
Okeechobee
MWM:mm
Enclosures
cc. Mr. R. Douglas Leonard, AICP - Executive Director, Central
Florida Regional Planning Council
John Drago, City Administrator
John Cook, City Attorney
Karen Brodeen, Assistant DCA General Counsel
Tony Arrant, Community Program Administrator
Randy Fox, DCA Planner
Lester Jennings, Counsel for Intervenors