City of Coconut Creek v. Broward Cty. Bd.

430 So. 2d 959
CourtDistrict Court of Appeal of Florida
DecidedMay 4, 1983
Docket82-862, 82-1126
StatusPublished
Cited by6 cases

This text of 430 So. 2d 959 (City of Coconut Creek v. Broward Cty. Bd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Coconut Creek v. Broward Cty. Bd., 430 So. 2d 959 (Fla. Ct. App. 1983).

Opinion

430 So.2d 959 (1983)

CITY OF COCONUT CREEK, City of Coral Springs, City of Dania, Town of Davie, City of Deerfield Beach, Town of Hillsboro Beach, City of Hollywood, Town of Lauderdale-by-the-Sea, City of Lauderdale Lakes, City of Lauderhill, City of Margate, City of Miramar, City of North Lauderdale, Town of Pembroke Park, City of Plantation, City of Pompano Beach, City of Sea Ranch Lakes, City of Tamarac, City of Wilton Manors, Florida, Appellants,
v.
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.

Nos. 82-862, 82-1126.

District Court of Appeal of Florida, Fourth District.

May 4, 1983.

*960 Earl C. Gallop of Milledge & Hermelee, Miami, for appellants.

Harry A. Stewart, Gen. Counsel, and Edwin J. Stacker, Asst. Gen. Counsel, Fort Lauderdale, and Barbara Ross of Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago, Ill., for appellee.

ANSTEAD, Judge.

This is an appeal by twenty municipalities located in Broward County from a final summary judgment upholding the validity of provisions of the Broward County Land Development Code which vest final authority for plat approval of development projects, within and without the municipalities, in the county. We affirm.

Broward County acquired charter county status on March 1, 1975. Article VI of the Broward County Charter deals with land use planning. Section 6.05(D) of Article VI, amended in November, 1976, sets forth the requirement of a county land use plan to be adopted by the Board and provides that local governments may submit plans for certification also. In November, 1976, section 6.12 was amended to provide:

The legislative body of each municipality within Broward County and the County Commission for the unincorporated area shall, within six (6) months after the effective date of this Charter, create a mandatory plat ordinance.
No plat of lands lying within Broward County, either in the incorporated or unincorporated areas, may be recorded in the Official Records prior to approval by the County Commission. The County Commission shall enact an ordinance establishing standards, procedures and minimum requirements to regulate and control the platting of lands within the incorporated and unincorporated areas of Broward County. The governing body of each municipality may enact an ordinance establishing additional standards, procedures and requirements as may be necessary to regulate and control the platting of lands within its boundaries.

The County has implemented its land use plan by adoption of Ordinance 81-16, the Broward County Land Development Code, effective April 3, 1981. Division 4 of the Ordinance delineates platting procedures and requirements in municipal areas. Section 5-197 of Division 4 deals with the procedural requirements; section 5-198 outlines the substantive requirements for final plat approval by the Board. Briefly summarized, the substantive factors for independent review include:

(a) adequacy of regional transportation network,
(b) dedication of right-of-way for major roads,
(c) access to trafficways,
(d) adequacy of water management,
(e) adequacy of potable water service,
(f) adequacy of wastewater treatment and disposal services,
(g) adequacy of solid waste disposal sites and facilities,
(h) adequacy of regional parks and recreation facilities,
(i) consideration of impact on environmentally sensitive lands,
(j) consideration of toxic waste disposal sites and impact on air quality, and
(k) adequacy of school sites and school buildings.

*961 In November, 1977, the Board adopted the Broward County Land Use Plan. Article IV contains the following pertinent sections:

Section 2: GENERAL REQUIREMENTS OF THE COUNTY LAND USE PLAN
2.01 The County Land Use Plan shall be implemented by the adoption and enforcement of appropriate local regulations on the development of lands and waters within the jurisdiction of each unit of local government and no public or private development may be permitted except in compliance with the County Land Use Plan or a certified land use plan.
Section 3: CERTIFICATION OF LOCAL LAND USE PLANS
3.01 Each unit of local government may prepare, in conformance with the requirements of the County Land Use Plan and the Planning Act, a local land use plan for submittal to the Planning Council. The local land use plan shall be certified by the Planning Council prior to its final adoption by a unit of local government, in conformance with the Planning Act.
... .
Section 5: DEVELOPMENT REVIEW REQUIREMENTS
5.01 After the effective date of the County Land Use Plan, a unit of local government may grant an application for a development permit consistent with the County Land Use Plan or a certified land use plan when it has determined that the following requirements are met; ... .

The development review requirements of Section 5 pertain to:

(a) adequacy of potable water service,
(b) adequacy of wastewater treatment and disposal services,
(c) adequacy of solid waste disposal service,
(d) adequacy of drainage,
(e) adequacy of the regional transportation network,
(f) adequacy of local streets and roads,
(g) adequacy of fire protection service,
(h) adequacy of police protection service,
(i) adequacy of parks and recreation facilities, and
(j) adequacy of school sites and school buildings.

The municipalities qualify as units of local government under this plan. Eighteen of twenty have certified land use plans; fourteen have plat laws; only eight have adopted development review regulations.

The municipalities claim that the Board lacked the authority to adopt section 5-198; that the criteria of 5-198 duplicate those in section 5.01 of the County Land Use Plan; and that the Board's independent review of these criteria usurps the home rule powers of the municipalities. The municipalities do not challenge the authority of the County to certify local land use plans, to approve plats for recordation in the public record or the procedural requirements for plat approval and recordation set forth in section 5-197. Rather, they dispute the right of the Board to impose the substantive requirements contained therein. They assert that independent review of these factors for final plat approval improperly gives the Board a veto power over any prior approval given by the municipality and, therefore, usurps its home rule powers and conflicts with the land use planning scheme authorized by the legislature and adopted by the County. The County, on the other hand, contends that such veto power is necessary to insure consideration of countywide problems each time a development project is approved, and that ordinarily that is at the time of plat approval. The County also points out that it only retains the authority to veto, and does not have the authority to approve a plat request turned down by the municipality.

All of the municipalities in this action possess home rule powers.

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Bluebook (online)
430 So. 2d 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-coconut-creek-v-broward-cty-bd-fladistctapp-1983.