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The Board reviewed the following memo dated 9/19/90: TO: James Chandler County Administrator FROM: Robert M. Keating, AICPfi%NtK Community Development Director DATE: September 19, 1990 SUBJECT: PROPOSED INDIAN RIVER COUNTY/DEPARTMENT OF COMMUNITY AFFAIRS COMPLIANCE AGREEMENT It is requested that the Board of County Commissioners give formal consideration to the data herein presented at their special meeting of September 26, 1990. DESCRIPTION & CONDITIONS: Indian River County adopted its comprehensive plan on February 13, 1990. Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, a copy of the adopted plan was then sent to the Florida Department of Community Affairs for its compliance review. After review, the DCA issued a notice of intent to find the Indian River County Comprehensive Plan not in compliance. The principal reasons for the noncompliance finding were DCA's contention that the plan promoted urban sprawl, allocated too much land for residential use, and failed to protect upland communities. Despite the noncompliance finding, the adopted plan was and still is the county's official plan. Not only has the staff been implementing the plan since its adoption, but the staff prepared and the board of county commissioners just recently adopted a set of land development regulations consistent with the plan. During this period since the noncompliance finding, the DCA has been proceeding toward an administrative hearing on the plan. That hearing is scheduled to begin on October 9, 1990. If the hearing occurs, the DCA finding will be contested before an administrative hearing officer. Once rendered, the hearing officer's decision will be presented to the governor and cabinet, sitting as the Land and Water Adjudicatory Commission. The decision of the governor and,cabinet may be -appealable to court. In an effort to avoid the administrative hearing process and potential financial sanctions, the county and the DCA have been negotiating an agreement to find the plan in compliance. Throughout this negotiation process, county officials have twice traveled to Tallahassee, while DCA staff have come to the county once. As a result of this process, the county staff and the DCA staff have reached agreement on measures to be taken by the county to have its plan found in compliance.' These changes involve future land. use map amendments, including density reductions in agricultural areas and reduction in the extent of the urban service area; future land use plan policy changes to promote clustering of residential development in agricultural areas; conservation element changes to reflect more upland preservation; capital improvement element changes to reflect upland acquisition; and various data and analysis amendments. A copy of the proposed compliance agreement is attached to this agenda item. Exhibit B of that agreement identifies all of the 3 �oo� P�;c SEP 2 6 1990 0