HomeMy WebLinkAboutAgenda P&Z 100907C
October 9th, zoos
Randolph Hansen
Dennis SoComon
Craig XunkCe
N ichael Panczak
Douglas PenneCC
Barry Present
Jonathan D. Rubins
Joy Hecht (ill -Aft.)
-Amir XaneC(2 "1 .wit.)
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
MEMORANDUM
DATE: October 9, 2007
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, October 9, 2007 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, October 9, 2007.
This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal
Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A compact disc containing PowerPoint presentations
3. A Growth Management Department staff report for the items to be heard.
As always, the respective Project Managers' telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist II, will call to confirm your attendance.
Growth Management Administrator
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 2 of 9
• EXECUTIVE SUMMARY
The Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan is required by
Florida Statutes to be completed once every seven years. The purpose of the report is to examine
the Comprehensive Plan since the last EAR and assess how well the Plan is serving the City.
The EAR identified what changes had occurred, and propose how the Comprehensive Plan could
be modified to accommodate them.
The City Council approved the below "Major Issues" at the April 6, 2006, public hearing for
transmittal to DCA. The City received a letter of understanding for those issues. The EAR
process required that the report address each major issue relative to the Comprehensive Plan
elements and propose any corrective measures.
I) Plan for western growth — Review the policies relative to western development in order to
better plan for future needs.
II) Diversify land -uses for future development, infill, and redevelopment for the eastern
portion of the City — Implement policies that further a sustainable community.
III) Develop a creative transit system to address future traffic needs — Develop policies that
provide for the development of a "transit ready" community.
• IV) Maintain the City's roadway linkages - Implement policies and guidelines that further the
interconnectivity of the City's roadway network.
V) Re— evaluate the City's proposed level of service criteria.for public parks — Examine LOS
standards and draft amendments in order to provide a variety of adequate.facilities.
VI) Pursue the provision of Workforce Housing — Explore various options in order to
pursue the provision of Workforce Housing.
VII) Encourage Economic Development for Bioscience Users — Implement policies conducive
to the development of the Scripps Research Institute (TSRI) and the bioscience
community.
The purpose of the EAR was to examine the Comprehensive Plan since its most recent EAR -
based amendment in 1999 and assess how well the Plan is serving the City in accordance with
Chapter 163.3191, Florida Statutes. The EAR identified what changes had occurred and
proposed how the Comprehensive Plan could be modified to accommodate them. On December
21, 2007, the City Council approved the EAR through the adoption of Resolution 143, 2006.
Staff notes that the adoption of the EAR and the recommendations therein did not amend
the Comprehensive Plan. The Comprehensive Plan amendments relative to the adopted EAR
(also called EAR -based amendments) are to be completed within 18 months from the
40 Department of Community Affairs (DCA) EAR sufficiency notification. Therefore, the City is
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 3 of 9
required to transmit and adopt the EAR -based amendments by August 1, 2008. Staff has
development a schedule (please see attached that will keep the City on track to meet this
deadline.
BACKGROUND
This EAR did not amend the Comprehensive Plan. Comprehensive Plan amendments relative
to the EAR are to be completed within 18 months from the Department of Community Affairs
(DCA) EAR sufficiency notification. The City was required to adopt and transmit the EAR by
December 2006.
City staff is presenting the Comprehensive amendments relative to the adopted EAR in two
public workshops at City Council (October 4 and October 18) and four public workshop sessions
at PZAB (October 9, October 23, November 13 and November 27) and will present the main
issues segregated by element and request discussion and direction from the City Council and
PZAB. Each session will outline the recommendations within the EAR and list the policies that
staff should amend. Also, staff will include a brief analysis of the implementation strategy of
each recommendation. This session will consist of the EAR -based Comprehensive Plan text
amendments to implement the recommendations of the EAR element assessments, major issues
and statutory requirement updates in relation to modifying the following elements:
• Conservation
• Capital Improvement
• • Intergovernmental Coordination
Staff will present the remaining Elements of the Comprehensive Plan in the remaining sessions.
Please be advised that City staff will present the City's Comprehensive Plan Text Amendment
for all of the EAR -based amendments for City Council recommendation at the December 11,
2007, PZAB meeting.
CAPITAL IMPROVEMENT ELEMENT
INTRODUCTION TO THE ISSUES IDENTIFIED IN THE EAR
0 AMENDMENTS TO FLORIDA STATE STATUTES
STAFF COMMENT: Staff notes that in response to the 2005 amendments to the Florida State
Statues, the City is required to add new policies to ensure inclusion of proportional fair -share
agreements and demonstration of financial feasibility for annual updates to the Five -Year
Schedule of Capital Improvements.
o% EVALUATION OF IMPACT FEES
STAFF COMMENT: The EAR recommends that impact fees be evaluated every two years for
costs, credits and generation rates. Staff recommends a text revision to policy 9.1.2.3,-which
•
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 4 of 9
states that the City shall periodically review the adequacy of impact fees levied to fund the
• following capital facilities needed to support new growth.
0 LEVEL OF SERVICE
STAFF COMMENT: The EAR states that staff shall illustrate the condition of all public facilities
during the EAR period and determine whether the City's adopted LOS standards have been met,
or are in need of revision in the Comprehensive Plan.
The EAR specifically addressed Palm Beach Garden's Sanitary Sewer LOS Standard reflecting
its portion of the overall system, by recommending they be reviewed with Seacoast Utilities
Authority (SUA). SUA indicated that the current LOS of 107 gpcd is an applicable standard.
The Potable Water LOS standards were also reviewed with the SUA and the SUA system
continues to be maintained in a good condition, but that SUA will have to establish a system-
wide LOS Standard for their entire system. The City reviewed the current LOS Standard for
potable water, 191 gpcd, and that SUA ensures that there will be adequate capacities to serve
existing and projected needs for the 5 and 10 -year planning periods. Palm Beach County Solid
Waste Authority (PBCSWA) has indicated that there are adequate capacities to meet the solid
waste disposal needs of the County for the 5 and 10 -year planning periods. The City should
update the LOS Standards based on the analysis and established in the updated Infrastructure and
Capital Improvement Elements. Stormwater management LOS standards should also be
reviewed with the City Engineer for current applicability and updated and revised. The LOS
standard for stormwater management should ebe consistent with the City's NPDES stormwater
• permitting program. The LOS standards established for transportation facilities for State and
County roadways should be reviewed for consistency with the appropriate jurisdiction and the
nomenclatures and standards should be revised, as necessary. As states in the analysis of the
Recreation and Open Space Element of the EAR, the LOS standards should be expanded to 3.7
acres of all recreation and open space areas /1000 permanent City residents. This will be further
analyzed in the discussion of the Recreation and Open Space Element. The LOS standards for
Public Safety are established for Fire Rescue and EMS services, and Police services. As
established in the Public Safety section of the EAR, it is recommended that the Fire /EMS LOS
be consistent with the County LOS standards. Is it also recommended that the LOS standard for
Police service be revised to identify other aspects of policing that could affect levels of service,
such as a balance of response to incidents and proactive patrols, and citizen satisfaction surveys.
Policy 9.1.4.2 (c) should be revised to be consistent with the recommended Policy established in
the analysis of the Recreation and Open Space Element update.
DATA AND ANALYSIS
STAFF COMMENT: Staff will be required to update the data and analysis documents. Staff will
update the data and analysis document to date.
IMPLEMENTATION STRATEGIES OF EAR BASED AMENDMENTS
The EAR states the following policies should be added to the Comprehensive Plan:
•
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 5 of 9
POLICY # TBD The City shall review and update the CIE annually as necessary to reflect
• proportionate fair -share agreements and contributions
POLICY # TBD The City is responsible for ensuring the financial feasibility of capital
improvements in the adopted CIE.
Implementation Strategies: In immediate response to these amendments, the City demonstrated
financial feasibility in the Five -Year Schedule of Capital Improvements for FY 2006/07. Also,
through the adoption of Ordinance 31, 2006, the City adopted Land Development Regulations
for proportionate fair -share agreements.
The intent and purpose of the proportionate fair -share ordinance is to allow developers to
proceed under certain circumstances, not withstanding the failure of traffic concurrency, by
contributing their fair -share to improve the impacted transportation facility.
The City recommends adoption of two new policies within the Capital Improvement Element in
the EAR -based amendments as a matter of consistency with State Statute.
POLICY 9.1.4.2 (d) With a super- majority vote of the City Council, alternative service
mechanisms or provisions of services at urban levels may be approved in the rural service area
Implementation Strategies: The EAR states that this policy should be reviewed in the update
process to either be reinforced or deleted. Staff does not see any reason to delete the policy;
• however, staff requests the direction of City Council and will revise the policy accordingly.
POLICY 9.1.4.2(c) In 2000, the City shall evaluate and consider adopting the ideal facility
standards as a component of the parks and recreation level of service standard and concurrency
management system
Implementation Strategies: The adopted EAR states that this policy should be revised to be
consistent with the recommended policy established in the Recreation and Open Space Element.
Staff research indicates that the policy was deleted per ordinance 8, 2005. Staff will discuss the
analysis in the Recreation and Open Space Element and will make the revisions to the policy
accordingly.
DISCUSSION POINTS
1. Should a super - majority vote of City Council be required to allow alternative service
mechanisms or provisions of services at urban levels in the rural service area?
CONSERVATION
INTRODUCTION TO THE ISSUES IDENTIFIED IN THE EAR
U ENCOURAGE PRESERVATION OF ECOLOGICALLY SENSITIVE LAND
•
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 6 of 9
STAFF COMMENT: The EAR recommends that staff maintain policy 6.1.5.3.(a) and 6.1.5.3.(b),
• which encourages a concerted effort to protect an conserve unique vegetative communities that
exist in the Loxahatchee Slough area, and fall within multiple local jurisdictions and the
Frenchman's Forest ecosite. Further, the City shall assist in the Loxahatchee Slough ecosite's
protection by designating it with Conservation land use, and assisting with management
activities and entering into interlocal agreements as necessary. Furthermore, staff notes that the
policies direct the City to assume operational and public safety activities, assisting in
environmental education programs, and locating a city- operated nature center on the property.
0 HAZARDOUS WASTE MANAGEMENT PROGRAM
STAFF COMMENT: The EAR states that Objective 6.1.6., regarding developing a hazardous
waste management program by 1992, is out of date. This Objective and supporting policies
should be re- visited in the update to reflect current practices and programs. Staff will contact the
SWA and update the hazardous waste management program where appropriate.
0 MINOR UPDATES /ADDITIONS AND REVISIONS
STAFF COMMENT: The EAR recommends several minor updates /additions to Conservation
Element goals, objectives and policies. They are more specifically analyzed in the section below.
0 DATA AND ANALYSIS
• STAFF COMMENT: Staff will be required to update the data and analysis documents. Staff will
update the data and analysis document to date.
IMPLEMENTATION STRATEGIES OF EAR BASED AMENDMENTS
POLICY 6.1.5.3. (a): The City shall continue to cooperate with the SFWMD, and Palm Beach
County, through the exchange of technical information and informal coordination, in order to
make a concerted effort to protect and conserve unique vegetative communities that exist in the
Loxahatchee Slough area and which fall under multiple local jurisdictions. Further, the City
shall assist in the Loxahatchee Slough ecosite's protection by designating it with Conservation
land use, and assisting with management activities.
POLICY 6.1.5.3. (b): The City shall cooperate with Palm Beach County in the management of the
Frenchman's Forest ecosite. This cooperation shall include designating the ecosite as
Conservation land use, entering into an interlocal agreement to assume operational and public
safety activities, assisting in environmental education programs, and locating a city- operated
nature center on the property.
Implementation Strategies: The EAR specified that the Loxahatchee Slough and Frenchman's
Forest should be "maintained" in the future as Conservation uses. Staff, will recommend a
policy which directs staff to develop an "Action Plan ", which includes identification of the
properties that make up the Loxahatchee Slough ecosite, coordination with Palm Beach County
isin order to obtain a Management Plan for the Loxahatchee Slough, and designating appropriate
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 7 of 9
properties as Conservation land use. The County has already issued a Management Plan for
• Frenchman's Forest and staff could proceed with the land use change contingent upon the
County's agreement of the change.
POLICY 6.1.5.1.: The City's land development regulations will continue to ensure that:
a. All endangered and threatened plant, animal and marine populations are protected;
b. Habitat of critical value to regional populations of endangered and threatened species is
preserved;
c. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is
removed by the developer at the time of development or redevelopment of a site; and
d. Removal of native vegetation is minimized in the land development process; and, where it
is economically feasible, removed material is relocated on site.
e. Environmental Assessments are provided for any land development /alteration proposal
or properties containing environmentally sensitive lands.
Implementation Strategies: The EAR states that the list should be updated, as appropriate. Staff
has consulted with the City Forester and will update the list accordingly.
• POLICY 6.1.4.1.: The City shall continue to maintain land development regulations which
implement Palm Beach County Soil and Water Conservation District guidelines on development
activities and land clearing.
Implementation Strategies: Staff will review the guidelines in the update to determine if these
guidelines are still applicable and will be revised as necessary.
D/SCUSSION POINTS
1. Shall the City develop an adopt an "Action Plan" to coordinate efforts to protect sensitive
ecosites such as the Frenchman's Preserve and the Loxahatchee Slough, ultimately
leading to the development of coordinated management plans and the designation of
these properties with a Conservation land use.
2. Should the City develop a Limited Conservation Land Use Designation for properties that
currently have development rights and designated Conservation and amend the current
Conservation land use designation to further restrict the development rights of natural
preserves?
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 8 of 9
• INTERGOVERNMENTAL COORDINATION ELEMENT
INTRODUCTION TO THE ISSUES IDENTIFIED IN THE EAR
0 AMENDMENTS TO FLORIDA STATE STATUTES
STAFF COMMENT: The EAR specified that a new Policy needs to be added in response to the
2005 amendments to the Florida Statutes, the City is required to adopt a proportionate fair -share
ordinance by December 1, 2006. The intent and purpose of this ordinance is to allow developers
to proceed under certain circumstances, notwithstanding the failure of traffic concurrency, by
contributing their fair -share to improve the impacted transportation facility. Staff has addressed
this through the approval of Ordinance 31, 2006, and will make the appropriate update to the
Comprehensive Plan by adding the Policy number and language accordingly.
MINOR UPDATES /ADDITIONS AND REVISIONS
STAFF COMMENT: The EAR recommends several minor updates /additions to Intergovernmental
Coordination Element goals, objectives and policies. They are more specifically analyzed in the
section below.
0 DATA ANDANALYSIS
STAFF COMMENT: Staff will be required to update the data and analysis documents. Staff will
• update the data and analysis document to date.
IMPLEMENTATION STRATEGIES OF EAR BASED AMENDMENTS
POLICY # TBD: The City shall coordinate with affected jurisdictions regarding mitigation to
impacted.facilities not under the jurisdiction of the local government receiving the application
for a proportionate./air-share agreement.
Implementation Strategies: In response to the 2005 amendments to the Florida Statutes. DCA
requires the inclusion of this policy into the Comprehensive Plan. Staff will comply with the
direction of the EAR and create the policy under an appropriate objective.
POLICY 8.1.3.2.: The City shall request the School Board of Palm Beach County, Northern Palm
Beach Chamber of' Commerce, Palm Beach County Planning Council, South Florida Water
Management District, Treasure Coast Regional Planning Council, Seacoast Utility Authority,
Northern Palm Beach County Improvement District, and Florida Power and Light Company to
designate a specific liaison to provide expertise from their various disciplines into planning and
development related activities.
Implementation Strategies: The EAR states that Policy 8.1.3.2. should be maintained in the
element update, but updated to reflect current participants in the process. Staff will update the
list of the current participants accordingly.
•
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Page 9 of 9
• OBJECTIVE 8.1.5.: Through IPARC TCRPC, the City's Education Advisory Board and informal
communications, the City shall encourage the provision of quality education through world class
curriculum to ensure all children are prepared for real world experiences, hold necessary skills
for jobs, and continue to pursue knowledge.
Implementation Strategies: The City's Education Advisory Board no longer functions. Staff
recommends a minor text amendment to eliminate the reference to the defunct advisory board, or
at the discretion of City Council, direct staff to resurrect the Board.
POLICY 8.1.5.2.: The City shall promote and encourage through communications with the School
Board, with assistance from the City's Education Advisory Board and coordination with
neighboring governments through the Interlocal Plan Amendment Review Committee and Issues
Forum, a form of school concurrency to ensure educational facilities are available when and
where needed, and the division of the county school district into separate, smaller districts.
Implementation Strategies: Similar to Objective 8.1.5., the City's Education Advisory Board no
longer functions. Staff recommends a minor text amendment to eliminate the reference to the
defunct advisory board, or at the discretion of City Council, direct staff to resurrect the Board.
POLICY 8.1.1.11.: The City shall cooperate with the County's Commission on Affordable
Housing to implement countywide affordable housing programs, including the use of Housing
Trust Fund monies.
• Implementation Strategies: The EAR states that the City should re -visit this policy in the update
for current applicability, and to determine if there is a need to expand, revise or delete this policy
from the ICE. This item will be addressed in further detail in the Housing element and will make
revisions accordingly.
DISCUSSION POINTS
Does City Council desire to eliminate the reference to the City's Education Advisory
Board in the Comprehensive plan, or attempt to resurrect the Board?
Please be advised that the purpose of this public workshop is to solicit comments from and to
inform the neighboring residents of the nature of the proposed amendments. This public
workshop shall be utilized to provide comments to the City staff from PZAB and residents as a
means to give the public additional opportunities for comment in the EAR process.
STAFF RECOMMENDATION
Staff is requesting input from PZAB on the proposed implementation strategies.
•
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Conservation
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1. Relationship of Major Issues to the Recreation and Open Space Element
Major Issue 5. regarding the re- evaluation of the LOS Standards established for public
parks and other recreational and open space facilities is the primary Major Issue
addressed in this section of the EAR.
"Major Issue" 5. of this EAR regarding the re- evaluation of the City's proposed Level
of Service criteria for public parks and the Recreation and Open Space LOS Standards
adopted in the City has been analyzed and assessed thoroughly, and it is determined
that, for the most part, the LOS Standards currently adopted are adequate to meet
concurreney for the short and long term planning periods of the Comprehensive Plan.
Capital improvements, and their associated costs for the short and long range planning
periods for recreation and open space facilities are reflected in the Capital
Improvements Element (CIE) of this Report.
All data and analysis in the Recreation and Open Space Support Documentation of the
Comprehensive Plan shall be updated, as necessary in the EAR -based Amendment.
Conservation
The Conservation element was updated by a 1998 EAR -based Comprehensive Plan
Amendment, and most recently in 2005 by Ordinance 9, 2005 which related to the
44 protection of environmentally sensitive Lands and listed species. This element of the
EAR is reviewed and updated from the data and analysis contained in the Conservation
Support Documentation and the current Goal, Objectives and Policies contained in the
adopted Comprehensive Plan.
r
The Goal of the Conservation element is as follows:
Goal 6.1.: The natural resources of the City of Palm Beach Gardens
shall be preserved or managed in a manner which maximizes
their protection,./unctions and values.
The natural resources assessed and evaluated in this section include: water resources,
including both surface and groundwater waters and floodplains; flora and fauna,
including upland, wetland and coastal communities; environmentally sensitive lands; air
quality; soils; and, minerals.
As revealed in the .Storniwater Management previously, there are three (3) major
drainage basins serving Palm Beach Gardens; the SFWMD Canal C -18, the Earman
River SFYVMD Canal C -17 and the ICPVYV basin. The su►.-face water bodies in these
basins are the primary surface waters located within the co)porate limits of Palm
Beach Gardens.
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The SFWMD Canal C -18 drains that area that was the Loxahatchee Slough. Canal C -18
continues to be classified as Class I Waters, Drinking Water Supply; however, it is not
used as a drinking water supply. The Earman River and Canal C -1 7 are man -made canals
while the ICWW is classified as Class III marine waters. Additionally, that portion of the
City lying east of the Atlantic Coastal Ridge drains to Little Lake Worth and Lake Worth
which are also classified as Class III marine waters.
There are no beaches or coastal community areas located within the corporate limits of
Palm Beach Gardens There are no riverine Jloodplains in the City either.
Objective 6.1.2.addresses managing both surface and sub - surface (groundwater) through
its land development regulations.
Objective 6.1.2.: The City .shall continue to maintain development regulations
to manage surface and sub - surface water resources in a
manner which ensures their viability as natural habitats and
utility for recreational and potable water uses.
Furthermore, the regulations shall protect the quality and
quantity of waters that flow into estuarine waters of the
City.
Policy 6.1.2.1. under this Objective establishes that, "The City shall continue to
maintain drainage regulations to ensure best management practices are required':
The Stormwater Management sub - element in this Report identifies LOS Standards
adopted in the Comprehensive Plan that must be met in designing drainage systems
within the City. The Concurrency Management System established in the City's Land
Development Regulations (See Article III, Development Review Procedures, Division 3.
Con - currency) implements the standards established in the Plan. The City's Subdivision
Regulations (Article I! Supplemental District Regulations, Division 10, Subdivisions) of
the Palm Beach Gardens Land Development Regulations also establish Design Storm
standards in Sec -523 that are consistent with those established as part of the Concurrency
Management System. Evidence that these standards can be met must be provided by
applicants in the site plan review, subdivision and permitting processes. Further, the City
is a co- permittee in the overall Palm Beach County NPDES stormwater permitting
program. Continual monitoring of the drainage and stormwater management system
serving Palm Beach Gardens is a requirement of the program and the institution of best
management practices must be observed. Also, the City adopted a Stormwater
Management Plan in 2002 that is described in more detail in the Stormwater Management
section above. Continued implementation of drainage regulations, participation in the
NPDES program and implementation and _funding of the City's Stormwater
Management Plan all contribute to an effective drainage and stormwater management
system in Palm Beach Gardens. Policy 6.1.2.1 should continue to be implemented in
future years and should be maintained in the updated Conservation element.
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Policy 6.1.2.4. emphasizes minimizing the impacts on the quality of surface and ground
water sources and to ensure that LOS Standards for potable water supply and sanitary
sewer services are implemented. This must be demonstrated in the site plan review and
development processes established by the City. This Policy should be kept in the update
to the Conservation element.
Policies 6.1.2.2.2, 6.1.2.6. and 6.1.2.7. emphasize the protection of wetlands and the
City 's participation in the Palm Beach County Wellfield Protection Ordinance through
the on going implementation of land development regulations. The City continues to
regulate and mitigate wetlands through its land development regulations and site plan
review process. Wetlands in Palm Beach Gardens consist of the Loxahatchee Slough and
freshwater wetlands in various locations throughout the City. Policy 6.1.2.8. specifically
states, "The City shall cooperate with the SFWMD and Palm Beach County in their
efforts in restoring the Loxahatchee Slough and managing the Loxahatchee Slough
Sanctuary. The City in conjunction with the SFWMD and Palm Beach County shall
review any development adjacent to the sanctuary for possible adverse impact on the
Sanctuary during the development process ". This coordination process is on- going;
therefore, Policy 6.1.2.8. should be maintained in the update. The County's Wellfield
Protection Ordinance continues to ensure that no new uses are established within the zone
of influence of existing or proposed wellfields that could adversely affect the quality of
water resources in water recharge areas. Policies 6.1.2.2, 6.1.2.6. and 6.1.2.7. are on-
going concerns and should be retained in the element update.
40 Policy 6.1.2.3. requires that all proposed wetlands development be reviewed to ensure
compliance with dredge and fill permitting processes. The City continues to include
FDEP, SFWMD, U. S. Army Corp. of Engineers and any other appropriate review
agency, when necessary, in such reviews. Therefore, this Policy, too, should be
maintained in the update.
Objective 6.1.3.states that, "The City, in conjunction with Seacoast Utility Authority,
NPBCID and the SFWMD, shall continue to monitor and enforce provisions ,for
monitoring and regulating water use in order to prolong freshwater availability
pursuant to land development regulations ".
Supporting Policies 6.1.3.1 — 6.1.3.3 to this Objective emphasizes water conservation
strategies (e.g. wastewater reuse for irrigation, separate metering for irrigation with
potable water, reduction in use of potable water for irrigation, and more efficient
operation of irrigation systems), educating the public regarding methods of water
conservation, and cooperating with the SFWMD in an emergency water management
plan. The Potable Water section of this EAR addresses water conservation strategies and
techniques established in the Plan and land development regulations. Policies 6.1.3.1. —
6.1.3.3. supplement and support water conservation Policies established in the Potable
Water element and should be maintained in the Conservation element update.
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Objective 6.1.5. establishes that, "The City shall continue to maintain land
development regulations to ensure that all ecological communities, wildlife and marine
life, especially endangered and rare species, are identified, managed and protected':
The City continues to maintain, implement and enforce a variety of land development
regulations that help accomplish this Objective and many of its supporting Policies.
Article V, Supplemental District Regulations, Division 5. Natural Resources and
Environmentally Signfficant Lands of the Palm Beach Gardena Land Development
Regulations specifically implements the standards and guidelines established by Policy
6.1.5.4.; requires environmental assessments prior to alteration of the land as established
in Policy 6.1.5.5; and, protects environmentally sensitive areas and lists and establishes
criteria for any proposed alterations to environmentally sensitive lands as established by
Policy 6.1.5.6. Since Policies 6.1.5.4 — 6.1.5.6. are being implemented by land
development regulations, they are still applicable and should all be maintained in the
update.
The aim of Policy 6.1.5.1. is to protect endangered and threatened plant, animal and
marine populations; remove invasive exotic vegetation from development sites; preserve
native vegetation to the extent possible; and, to require environmental assessments for
sites containing environmental sensitive lands. Article V, Supplemental District
Regulations, Division 5. Natural Resources and Environmentally Signfrlcant Lands of the
Land Development Regulations has criteria and requirements to implement this Policy, as
well. Lists of Dominant Plants in Pine Flatwoods (Upland Communities), Wildlife
40 Habitats, and Endangered and Threatened Species (Plant and Wildlife) are maintained
in the Support Documentation of the Conservation element. They should be updated,
as appropriate in the EAR -based amendment. Policy 6.1.5.1 is an on -going concern
and should be retained in the updated element.
Policy 6.1.5.7. establishes that Public /Institutional buildings shall be prohibiter! in
Conservation land use designated areas. This Policy is implemented by zoning district
use regulations as established in Table 21 in Article IV. Zoning Districts of the City's
Land Development Regulations. This is a continuing desire of the City; therefore,
Policy 6.1.5.7. should remain in the update.
Objective 6.1.9. also pertains to the protection and preservation of native habitats by
maintaining land development regulations that accomplish this purpose. Regulations
that protect and preserve habitats have already been addressed above. The other part
of Objective 6.1.9. regards maximizing the provision of open space for conservation
and preservations purposes. Article V, Supplemental District Regulations, Division 4.
Parkwc {y Overlay District, Division 5. Natural Resources and Environmentally
Signilicant Lands and Division 6. Landscaping of the Palm Beach Gardens Land
Development Regulations all establish preserve area requirements, minimum landscaping
and buffering requirements and other criteria and standards to maximize the use of open
spaces for conservation and preservation purposes. Policies 6.1.9.1. and 6.1.9.5. address
open space requirements and Policy 6.1.9.5., in particular, establishes minimum
requirements for preserve areas in environmentally sensitive lands. These requirements
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are implemented by the land development regulations cited above. Policies 6.1.9.1. and
(0 6.1.9.5. are current and applicable and should remain in the Conservation element
update.
Policies 6.1.9.3. states that, "The City endeavor to collect and concentrate open space
conservation areas..." The Loxahatchee Slough and Frenchman's Forest are significant
land areas that are designated for Conservation and accomplish the intent of this Policy.
Policies 6.1.5.3.(a) and 6.1.5.3.(b), respectively, specifically address the designation of
the Loxahatchee Slough and Frenchman's Forest as Conservation uses. Policies
6.1.5.3.(a) and 6.1.5.3.(b) should be revised in the updated Conservation element to
reflect that the Loxahatchee Slough and Frenchman's Forest be "maintained" in the
future as Conservation uses.
Amassing large parcels for conservation and preservation use should be the aim of the
City, where appropriate; therefore, Policy 6.1.9.2. also should be retained in the element.
The site plan review and subdivision processes are often used by the City to require
connectivity between open space and conservation/preservation areas. These implements
Policies 6.1.9.3. and 6.1.9.4., and they should remain in the update.
Minimum requirements are established in Policy6.1.9.6. to require a management plan
for all preservation and or conservation lands. These requirements are being
implemented by Article V, Supplemental District Regulations, Division 5. Natural
Resources and Environmentally Significant Lands of the Land Development Regulations
and by requirements of the site plan review process. Policy 6.1.9.6. should be
maintained in the updated Conservation element.
Objective 6.1.1. states that, "Air quality in the City shall continue to meet or exceed the
minimum quality levels established by DEP. Air quality conditions in Palm Beach
County, including Palm Beach Gardens, continue to be rated as generally good. Air
quality is monitored daily throughout the County at various locations. The MPO
measures and provides means to reduce mobile emissions while the PBC Health
Department measures and provides means to reduce emissions from fixed sources. The
City has developed a parkway system, requires installation of sidewalks in all new
developments, has retrofitted neighborhoods with new or repaired sidewalks, provides
bicycle racks and has participated in the coordination of a bicycle facilities system and
plan; all in an effort to reduce dependence on the automobile and encourage a cleaner
pedestrian environment. These activities implement, in part, parts of the supporting
Policies to Objective 6.1.1. The Objective and supporting Policies regarding air quality
should be revised and updated, where appropriate, in the updated Conservation
element.
Objective 6.1.4 established that, "The City shall continue to maintain land development
regulations to ensure control of'soil erosion ". Construction during land development is
the major cause of soil erosion. None of the soils associations underlying the City are in
a highly erodable group, and the duration of exposure is generally short. Sec. 78 -323,
CeSoil Erosion of Article V, Supplemental District Regulations, Division 8, Landscaping
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of the Land Development Regulations continues to require that, "Soil erosion be
controlled and held to a minimum during all development activities':
Policy 6.1.4.1. reference to Palm Beach County Soil and Water Conservation
guidelines regarding development activities and land clearing should be reviewed in
the update to determine if these guidelines are still applicable and revised as necessary.
There continue to be no commercial mining activities within the corporate limits of
Palm Beach Gardens. Policy 6.1.4.2. states that these practices should be prohibited.
This remains the intent of the City. Policy 6.1.4. should be maintained in the update.
Objective 6.1.6. regarding developing as hazardous waste management program by
1992 is out of date. This Objective and supporting policies should be re- visited in the
update to reflect current practices and programs.
Objective 6.1.8. requires, "Prior to issuance of any development orders for that area
included in the Conceptual Linkage Plan presented in the Future Land Use Element of
this Comprehensive Plan, the plan for all or a part of the Parkway System shall be
implemented by the City': There have been a number of projects approved by the City
as part of the Parkway System and which are subject to special buffering and other
requirements ( Listing of projects are cited in the Recreation and Open Space section of
this EAR)
The City has developed a Parkway Overlay District (Article V, Supplemental District
Regulations, Division 4, Parkway Overlay District of the Land Development
Regulations) which establishes land development regulations to ensure that the Parkway
System will implemented. The Parkway Overlay District implements Policy 6.1.8.1.
Policy 6.1.8.2. establishes other required criteria for the design of the Parkway System.
Objective 6.1.8. and Policies 6.1.8.1. and 6.1.8.2. should be maintained in the new,
revised Conservation element to implement the Parkway System established by the City.
Objective 6.1.7. states, "The City shall continue to maintain land development
regulations and development policies to ensure the provision of conservation measures
on newly annexed lands in accordance with the goals, objectives and policies of this
Comprehensive Plan". The same conservation measures required for newly annexed
lands are the same as for lands already in the City. Policies 6.1.7.1. and 6.1.7.2. are .still
valid and should remain, with its Objective in the update.
It has already been recommended in the Future Land Use section of this Report, that
the Water bodies land use designation be changed on the Land Use Maps to
"Conservation" use in the EAR -based Comprehensive Plan update to stress the
importance of conserving the drainage /storm water management and flood protection
value of these waterways. This recommendation is reiterated in this Conservation
section of the EAR.
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to There are no capital improvements or associated costs regarding Conservation uses
anticipated in the updated Capital Improvements Element (CIE).
All data and analysis contained in the Conservation Support Documentation shall be
revised and updated, as necessary, to reflect current conditions and issues. Any
Objectives or Policies not specifically addressed in this section will be re- visited in the
EAR -based amendment The Conservation element should be reviewed closely against
State statutes and codes for necessary updates not identified in this section.
Coastal Management
The Coastal Management element was most recently updated by the #99 -1 Amendment.
This element of the EAR is reviewed against the #99 -1 Amendment and the data and
analysis contained the Coastal Management Support Documentation and the current
Goal, Objectives and Policies contained in the adopted Plan.
Coastal management and coastal management related issues are addressed in both the
Coastal Management and Conservation elements of the Comprehensive Plan. Therefore,
the Conservation section above should be reviewed in complement to this section.
The Goal of the Coastal Management element is as follows:
Goal 5.1.: Ensure the social, economic and environmental resources of
40 the Palm Beach Gardens coastal area be maintained and en-
through the regulation of development activities that would
damage or destroy such resources, or threaten human life and
cause unnecessary public expenditures in areas subject to
destruction by natural disasters.
Pursuant to Ch. 163.3178(3)(c)(2), the coastal area was rederned as the "coastal high
hazard area" (CHHA) which encompasses the Category 1 Hurricane Evacuation Zone.
The CHHA contains approximately 194 acres in land area. The boundaries of the CHHA
include a meandering area generally located east of Prosperity Farms Road and extending
to the eastern corporate limits. There are a few parcels that lie west of Prosperity Farms
Road in the CHHA, however, including: a northeastern portion of Frenchman's Creek
DRI; a small southeastern section of the Frenchman's Forest eco -site; the ditch along the
west side of Prosperity Farms Road; and, the eastern 400 feet of the ditch on the south
side of RCA Boulevard that lies west of Prosperity Farms Road. In that area lying cast of
Prosperity Farms Road and located east of the ICWW, the following parcels are included
in the CHHA with the remaining areas being excluded: Bridge Center, Hidden Key
condominiums, Oakbrook Shopping Center, Golden Bear Plaza and the Bank property.
Also, a small shoreline along Little Lake Worth and approximately 2250 feet of shoreline
along the ICWW are included in the CHHA. The Soverel Harbor -PGA Marina, Harbor
Financial Center and Frenchman's Creek Marina are located within the CHHA, as well.
toRecent legislative changes emanating from the 2006 Florida Legislative session created
99
some changes to the definition of the CHHA; mostly minor definitional lines within the
Category I Hurricane Evacuation Zone that do not change the nature of this analysis.
This technical change in definition ,should be addressed and made in the EAR -based
amendment to the Coastal Management element of the Comprehensive Plan.
Objective 5.1.1. of the Coastal Management element identifies the CHHA as the
Category 1 Hurricane Evacuation Zone described above and establishes that, "The
City shall continue to maintain land development regulations which regulate
development in the coastal area in a manner which preserves, protects, or enhances the
remaining coastal area resources..."
The Policies supporting Objective 5.1.1. address the importance of maintaining land
development regulations in the CHHA that: control soil erosion; establish minimum
native vegetation percentages; require removal of nuisance and exotic vegetation; require
native vegetation buffers along established shorelines and access to water bodies; and that
protect coastal wetlands.
As cited in the Conservation section of this EAR, Sec. 78 -323, Soil Erosion of Article
V, Supplemental District Regulations, Division 8, Landscaping of the City's Land
Development Regulations continues to require, "Soil erosion be controlled and held to
a minimum during all development activities ". This requirement would apply to
development in the CHHA and implements the intent of Policy 5.1.1.1. Sec. 78 -319,
Minimum Landscape Buffer and Planting Requirements of Article 5, Supplementary
District Regulations, Division 8, Landscaping of the Land Development Regulations
requires that, "Coastal areas as designated by the comprehensive plan .shall be
required to have 90% native species" which is the percentage Specified in Policy
5.1.1.2. Policy 5.1.1.2. continues to be implemented through the establishment, adoption
and enforcement of this requirement.
Sec. 78 -318, Prohibited Plants and nonnative Plants (a), Removal of Article V,
Supplementary District Regulations, Division 8, Landscaping requires that upon
issuance of a building permit prohibited and nonnative plants as identified in Table 29
of that Section shall be removed. Policy 5.1.1.3. continues to be implemented by this
provision
In 1995, Treasure Coast Regional Planning Council completed a Boat Facility Siting
Plan for Palm Beach County. This Plan indicated desirable locations for development of
boating facilities based on an evaluation of natural resources, manatee protection needs,
and economic considerations. The Boat Facility Siting Plan further provided thresholds
and policies to explain how the Plan would be used to site facilities.
The Plan listed policies to assist in its implementation.
policies by incorporating the Palm Beach County
Comprehensive Plan. Policy 5.1.1.5. incorporates the
proposed marinas during the preparation of marina
continues to implement these criteria.
100
The City implemented these
Marina Siting Plan into its
criteria to be applied to all
siting plans. Policy 5.1.1.5.
(. Intergovernmental Coordination
Objective 10.1.1.: The City shall continue to promote alternative funding
methods to ensure that new development pay its
proportionate share of the cost of providing public safety
facilities, equipment and land necessitated by the
development.
Policy 10.1.1.1.: The City prefers the use of police and fire impact fees as the
method to more equitably distribute the costs for public
safety services.
The City has established, and continues to impose, impact fees for police and fire
services in Division 4. Citywide Impact Fees under Article III. Development Review
Procedures in its Land Development Regulations. Specifically, Schedule 1. Fire
Protection and EMS Cost Schedule and Schedule 2. Police Protection Cost Schedule in
Sec. 78 -92 Fees establishes the impact fees for these services.
The standards, criteria, cost schedules and actions taken by the City in the provision of
public safety services since the element's last amendment lend themselves to attaining
the Public Safety Goal 10. 1, "Continue to provide adequate facilities to ensure the
provision of an effective Public Safety program".
Any planned capital improvements, and associated costs, regarding police and fire
services are identified in the Capital Improvements Schedules in the (CIE) section of
tothis Report.
All data and analysis in the Support Documentation should be updated, where
necessary, in the new Public Safety element of the Comprehensive Plan.
Intergovernmental Coordination
The Intergovernmental Coordination Element (ICE) was significantly amended by the
499 -1 Amendment. Various new and revised Policies were adopted with other Future
land Use, Housing and Coastal Management Policies by Ordinance 27, 1999. There
currently are proposed changes to the Intergovernmental Coordination element going
through the amendment process. They are addressed in this section of the Report, as
well.
Palm Beach Gardens recognizes the importance of intergovernmental coordination in the
planning process and to the future of northern Palm Beach County. The City, through its
Intergovernmental Coordination Element of the Comprehensive Plan establishes
certain "formal ", specific means of coordination with adjacent municipalities, the
County and other levels of government, who have permitting and regulatory authority,
and quasi- public entities which provide services, but lack regulatory authority.
Likewise, the City has established less.formal, or "informal ", means of coordination
with various governments and entities.
109
Many "formal" arrangements exist particularly in the provision of essential services.
—� The City, for example, is provided central sanitary sewer service by Seacoast Utility
Authority (SUA). As identified in the Infrastructure section of this Report, the SUA
was established by Interlocal Agreement in August, 1988. The Governing Board
consists of five (S) members. Palm Beach Gardens is a member of the governing Board
with Palm Beach County, North Palm Beach, Lake Park and Juno Beach. Palm Beach
Gardens has the major voting power on the Board. The primary coordination and liaison
responsibilities lie with the City Manager, who is the appointee of the City Council to the
SUA Board. Policy 8.1.1.5. states that, "Through the City Council, the City Manager
shall be responsible for ensuring an effective intergovernmental coordination program
for Palm Beach Gardens': However, depending on the issue of concern, the Planning
and Building Departments and the City Engineer may be assigned to coordinate many of
the matters concerning sewers. Those areas utilizing septic tank systems are the
responsibility of individual property owners and subject to permit.
The SUA also continues to provide central potable water service to the City.
Coordination and liaison responsibilities are the same as that identified for the provision
of sanitary sewer service. Those areas utilizing individual wells are the responsibility of
individual property owners. Policy 8.1.1.2. .states that, "The City, through its
involvement with Seacoast Utility Authority and in conjunction with the City Engineer,
shall review all plans for water and sewage systems..." This is an on -going practice of
the City. Therefore, Policy 8.1.1.2. should be maintained in the ICE update.
toSolid waste collection services continue to be provided to Town residents and
businesses by a private hauler. The City has granted a franchise to the hauler for
collection of solid wastes in Palm Beach Gardens. The City Manager is the local official
responsible for administration of the franchise. Solid waste disposal services continue to
be provided by the Palm Beach County Solid Waste Authority (PBCSWA) at their
facilities. In 2004, the City entered into Interlocal Agreement with the PBCSWA to
extend the timeframe of the Agreement to 2010 for Delivery of Municipal Solid Waste to
a Designated Facility
The City oj' Palm Beach Gardens, by Interlocal Agreement, provides building review
and inspection services to the Town of Juno Beach. The City provides plan review and
processing services, issuance of'building permits; and, inspection services. The Building
Department is responsible .10'r coordinating these services.
The City also coordinates local development matters with surrounding municipalities
and Palnr Beach County. Policy 8.1.1.3. specifically requires that, "The City shall
notify Palm Beach County and surrounding municipalities in writing (prior to the
application being considered by the City Planning and Zoning Commission) of all
development applications received by the City requiring a Development Review
Committee meeting. " Likewise, Policy 8.1.3. Lrequireas that, "The City ,Shall file a
written request with each adjacent municipality and the County to receive and review
(.0 copies of all proposed comprehensive plans or plan amendments that are adjacent 10
110
Palm Beach Gardens' boundaries': These requirements have proven to be effective
intergovernmental coordination mechanisms not only to alert surrounding jurisdictions
and the City of proposed development, but it provides an effective way to solicit
comments or objections and work toward solutions in the beginning of the development
process. These matters are generally coordinated by the City's Growth Management
Department. Policies 8.1.1.3. and 8.1.3.1. should both be maintained in the ICE update.
Policy 8.1.3.2. specifically requests that, "...the School Board of Palm Beach County,
Northern Palm Beach Chamber of Commerce, Palm Beach Planning Council, South
Florida Water Management District, Treasure Coast Regional Planning Council,
Seacoast Utility Authority, Northern Palm Beach County Improvement District, and
Florida Power and Light Company to designate a specific liaison to provide expertise
from their various disciplines into planning and development- related activities': Many
of these governments and entities are members of the City's Development Review
Committee (DRQ in the review of site plans and development matters. Others contribute
when called upon. Policy 8.1.3.2. should be maintained in the element update, but
updated to reflect current participants in the process.
The City has also has coordinated with Palm Beach County and adjacent
municipalities regarding annexation issues. The City and County have worked
cooperatively toward the annexation of enclaves. In 1999, the City annexed an enclave
area by lnterlocal Agreement. The City has also developed a Potential Future
Annexation Area Map in its current Comprehensive Plan. The future annexation area was
established in consideration of. "squaring off' corporate boundaries, where practical and
where essential public facilities and services can be provided; promoting the annexation
of unincorporated pockets and enclave areas; development of in -fill areas within the
interior of the City's boundaries; and, by identifying potential annexation areas that have
been mutually agreed upon through cooperative actions with neighboring municipalities.
In 2002, the City entered into Interlocal Agreement with the County, Village of North
Palm Beach and the Town of Lake Park to coordinate a comprehensive planning
approach for Northlake Boulevard which traverses the municipal boundaries.
Specifically, the cities and County agreed to jointly review unincorporated land
development applications located along Northlake Boulevard that are within the
annexation areas of the City, Town or Village. These actions continue to implement
Policy 8.1.1.9. which states that, "Palm Beach Gardens shall identify and coordinate
anticipated future annex-
ation areas with the County and surrounding municipalities". Policy 8.1.1.9., likewise,
should be retained in the update to the ICE_ as (in on -going concern find action of the
City.
Policy 8.1.1.12. encourages entering into joint planning agreements that meet certain
criteria with concurrence front both parties. In 2002, the City entered into lnterloca)
Agreement with the Town of' Lake Park for joint development review for property
located at the southwest corner of Northlake Boulevard and Congress Avenue (Congress
West Plaza — PUD Application). .Joint review ol'areas of mutual interest continue to be
encourager!; therefore, Policy 8.1.1.12. should also be maintained in the update.
The City continues to cooperate and coordinate with Palm Beach County through
various Interlocal Agreements. The following represent significant intergovernmental
coordination programs in effect with Palm Beach County:
An Interlocal Agreement with Palm Beach County setting forth a procedure for
processing applications for traffic concurrency certifications for developments in
Palm Beach Gardens(Ref. Resolution 82, 1999) — This Agreement is implemented
through the site plan review process. This Agreement provides a way for the City
to implement Policy 8.1.2.1.of the ICE which states that, "The City shall
monitor the implementation of Countywide traffic performance standards ".
Policy 8.1.2.1. should be maintained in the updated element.
- An Interlocal Agreement between the City and Palm Beach County for
management of the Hungryland Slough tract (a portion of the historic
Loxahatchee Slough) — The County manages the Hungryland Slough in
cooperation with the City (Ref. Resolution 139, 1999).
- Through Interlocal Agreement, the City offers its support to the County's
Community Development Block Grant (CDBG) and Home Investment
Partnerships Program (HOME) to assist the County in addressing its affordable
housing issue. Policy 8.1.1.11. of the ICE addresses, in part, its support of the
County's Commission on Affordable Housing to implement County-wide
40 affordable housing programs, including the use of Housing Trust Fund
monies. The City should re -visit this Policy in the update for current
applicability, and to determine if there is a need to expand, revise or delete this
Policy from the ICE
The City also has coordinated with the County in mutual aid pacts, the Local Mitigation
Strategy (LMS) and other programs through various service and interlocal agreements on
a continuing basis.
Northern Palm Beach County Improvement District (NPBCID) provides drainage
facilities to a substantial portion of Palm Beach Gardens. Policy 8.1.4.4. states that, "The
City shall support the development of interlocal agreements with affected parties and
the Northern Palm Beach County Improvement District to coordinate the funding of
infrastructure in the North County area ". This on -going coordination is essential to the
provision of drainage and storrnwater facilities throughout the City and North County
area.
Policy 8.1.4.4., therefore, should be maintained in the updated element.
The City continues to coordinate with the Treasure Coast Regional Planning Council
( TCRPC). Many of the TCRPC programs affect local governments within their
jurisdiction, including Palm Beach Gardens. These cooperative efforts are of a more
"informal" nature, but the City has adopted in its ICE Policies to assure that cooperative
112
and coordinated efforts are maintained between the City and TCRPC. Policies 8.1.1.10.
and 8.1.2.3. involve the use of TCRPC's informal mediation (voluntary dispute
resolution) process to resolve annexation issues and level of service issues, when
needed. The City has not had to utilize this process to date, but the process should be
available to the City if needed in the future. Policies 8.1.1.10. and 8.1.2.3. should also
be maintained in the ICE update.
Policy 8.1.1.7. maintains that the City should request TCRPC to play an active role,
when needed, to resolve issues between the City, County, state and federal agencies
Policy 8.1.4.3. resolves that, "The City shall continue to work with the Treasure Coast
Regional Planning Council to identify regional issues and to assist in the periodic
updating of the Strategic Regional Policy Plan". Both Policies are still applicable and
should be maintained in the update.
The City continues to coordinate with the School Board of Palm Beach County in a
variety of ways.
Objective 8.1.5. states, "Through IPARC, TCRPC, the City's Education Advisory
Board and informal communications, the City shall encourage the provision of quality
education through world class curriculum to ensure all children are prepared for real
world experiences, hold necessary skills for jobs and continue to pursue knowledge ".
The Education Advisory referenced in this Objective is no longer established.
40 Policies 8.1.5.1., 8.1.5.2. and 8.1.5.3., respectively, encourage and promote a quality
educational experience tailored to individual student needs; promote and encourage a
form of school concurrency to ensure that school facilities are available when and
where needed, and, emphasize that the City should take an active role in reforming the
educational system. The City entered into Interlocal Agreement in 2001 with the
municipalities of Palm Beach County, Palm Beach County and the Palm Beach County
School District to establish Countywide public concurrency. This Interlocal Agreement
and concurrency program is being implemented.
Objective 8.1.5. and Policies 8.1.5.1. — 8.1.5.3. represent continual concerns about the
quality of the educational system serving its children's needs, as well as, the quantity
educational facilities needed to serve the educational needs of the community.
Therefore, Objective 8.1.5. and Policies 8.1.5.1. — 8.1.5.3. should be maintained in the
update; however, both Objective 8.1.5. and Policy 83.5.2. should delete the reference to
the Education Advisory Board.
Policies 8.1.3.4. and 8.1.5.4. both regard the joint planning and coordination between
the City and the School Board in the location and expansion of public school.facilities
to ensure compatibility and consistency with the City's Comprehensive Plan. Both of
these Policies are being implemented by the City. The School Board is involved in the
review of proposed residential developments through the City's site plan review process.
All proposed residential development applicants are required to get a "Letter of
Determination of Capacity "from the School Board that assures there are adequate
113
capacities available in the public schools for the impacts created. This joint planning
effort between the City and the School Board has been effective in determining the
adequacy of capacities in existing public schools to accommodate future growth. The
City has also worked cooperatively and in coordination with the School Board in locating
future public school sites. The Mirasol development was required to dedicate land for a
new elementary school (which is already built) and to dedicate land for a future middle
school site.
Policies 8.1.3.4. and 8.1.5.4. are still relevant and on -going concerns. Policies 8.1.3.4.
and 8.1.5.4. should be maintained in the update.
Objectives 11.1.4. and 11.1.5. in the Public School Facilities Element (PSFE) of the
Comprehensive Plan identify the need for a joint planning process in the provision of
public school facilities:
Objective 11.1.4. (PSFE): To establish a process of coordination and collaboration
between the County, local governments and the School
District in the planning and siting of public school
Facilities in coordination with planned infrastructure and
public facilities
Objective 11.1.5. (PSFE): To establish and maintain a cooperative relationship with
the School District and municipalities in coordinating land
40 use planning with development of public school facilities
which are proximate to existing or proposed residential
areas they will serve and which serve as community focal
points.
y
Objective 11.1.2. and Policy 11.1.2.1 of the PSFE address providing fir mitigation
alternatives in the location of public schools.
The PSFE Objectives and Policy cited above not only supplement those Objectives and
Policies pertaining to coordination in the provision of public school facilities in the
ICE, but also, make the ICE and PSFE internally consistent. The land donations in the
Mirasol development were mitigated as part of the site plan review process and through
J oint planning and collaborative efforts between the City, School Board and the County.
Policv 8.1.1.13. in the ICE also requires that, "The City shall coordinate with those
schools in its jurisdiction, which are part of the State University System, regarding the
development of campus master plans or amendments thereto, to be done in accordance
with Section 240.155, F.S." Palm Beach Community College (PBCC) is located in the
City and Florida Atlantic University (FAU) is located nearby in the Town of Jupiter.
Coordination between the City and the State University system is required; therefore,
Policy 8.1.1.13. shall be maintained in the updated ICE.
ME,
The City has been a member of the Palm Beach Countywide Intergovernmental
Coordination Process and Multi- Jurisdictional Issues Coordination Forum via an
Interlocal Agreement since 1993. The Forum consists of elected officials from thirty
eight (38) municipalities, special districts and Palm Beach County. Its purpose is to
facilitate the identification and possible resolution of multi - jurisdictional issues by
providing a vehicle for consensus building, research and debate; providing direction on
the resolution of multi - jurisdictional issues; and, on implementing a program of multi -
jurisdictional significance. The Issues Forum is also used as a means of collaborative
planning for matters of inter jurisdictional significance. Policy 8.1.4.1. specifically states
that, "The City shall cooperate with the Palm Beach Countywide Intergovernmental
Coordination Process established in 1993 for the purpose of facilitating
intergovernmental coordination" Policy 8.1.1.6. also states that the City shall
continue to use, and participate in, this in this Countywide program and Issues Forum.
These Policies are still relevant, therefore, Policies 8.1.4.1. and 8.1.1.6. should both be
retained in the ICE update.
Another part of the Countywide coordinated planning process just described is the
Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse. The
City has also been an active participant in IPARC, via Interlocal Agreement, since its
inception. The purpose of IPARC is to provide coordination of proposed comprehensive
plan amendments, cooperation between affected local governments and service providers,
and opportunities to resolve potential disputes locally before amendments are subjected
to the Chapter 163, F.S. planning process. IPARC also serves as technical support to
the Issues Forum and condusts studies on identified multi jurisdictional issues. Policy
8.1.4.5. specifically addresses the coordination of comprehensive plan amendments and
the procedures established for this process through IPARC:
Policy 8.1.4.5.: The City shall forward copies of the City's Comprehensive Plan
or Plan amendments to each city, Palm Beach County, the School
Board of Palm Beach County, Palm Beach Countywide Intergo-
vernmental Intergovernmental Coordination Process, South Flor-
ida Water Management District, Seacoast Utility Authority, the
Treasure Coast Regional Planning Council and the Department
of Community Affairs for their review and comments. The City
shall take into consideration comments received from the above
entities prior to the adoption of the Plan or Plan amendment.
Policy 8.1.4.5. represents an on -going activity and should be maintained in the update.
Various land use and environmental planning and permitting activities within the City
continue to require coordination with State planning agencies. Palm Beach Gardens is
mandated to prepare this EAR and Comprehensive Plan pursuant to the "Local
Government Comprehensive Planning and Land Development Regulations Act'.
Likewise, any development of unique environmental features often requires obtaining
permits from appropriate State environmental planning and permitting agencies. In those
C40instances, the appropriate City staff person is assigned to coordinate activities depending
115
on the particular program or activity being pursued. Policy 8.1.1.4. suggest that the City
create liaisons with State regulatory agencies. The City has substantial land areas in
Conservation use and designated as environmentally sensitive for preservation and
protection purposes. The City coordinates with the appropriate State agencies in the site
plan review and permitting processes to assure that proper environmental reviews are
conducted for protection and preservation purposes. This is an on -going practice of the
City. Policy 8.1.1.4. should be maintained in the update.
The City is currently processing the following Objective and Policies as an amendment
to the ICE:
Objective 8.1.6.: To coordinate planning efforts with the Town of Jupiter, the City
of Riviera Beach, the Town of Lake Park, the Town of Mangonia
Park and Palm Beach County (the "North Palm Beach County
Partners") in order to jointly identify land parcels in Northern
Palm Beach County which will provide opportunities for the
development of BioScience Uses (as defined in the Future Land Use
Element) and to discourage changes in zoning and land use
designations of those parcels that would eliminate Bioscience Uses
Policy 8.1.6.1.: Develop a unified vision in coordination with the Northern Palm
Beach County Partners and assign a Bioscience Research Protection
Overlay (BRPO) to land parcels within the City in order to provide
Opportunities for Bioscience Uses as defined in the Future Land Use
Element. The City's BRPO, in combination with the BRPOs within
the North Palm Beach County Partners shall be utilized to provide
opportunity for a minimum 8,000,000 square feet Bioscience Use
cluster in North County.
Policy 8.1.6.2.: The City shall provide the North Palm Beach County Partners will
all reports, data and analyses utilized in assigning the Bioscience
Research Protection Overlay (BRPO) to a particular .site or upon
which the City has relied in derning the area of the BRPO.
Policy 8.1.6.3.: To assure cooperation with the County and the North Palm Beach
County Partners, the City shall enter into such Interlocal Agreements
are necessary to ensure the protection of Bioscience Uses within
the BRPO.
This proposed Objective and Policies. are being processed with proposed amendments to
the Future Land Use and Economic Development elements of the Comprehensive Plan to
address the Bioscience Uses cluster in its future planning efforts. Those proposed
objectives and Policies are discussed in the Future Land Use and Economic
Development sections of this EAR.
116
CapitalImpro'vements
11
In response to the 2005 amendments to the Florida Statutes, the City is required to adopt
a proportionate fair -share ordinance by December 1, 2006. The intent and purpose of this
ordinance is to allow developers to proceed under certain circumstances, notwithstanding
the failure of traffic concurrency, by contributing their fair -share to improve the impacted
transportation facility. In addition and in coordination with this ordinance, DCA requires
the inclusion of the following policy into the Comprehensive Plan:
Policy # TBD: The City shall coordinate with affected jurisdictions regarding
mitigation to impacted facilities not under the jurisdiction of the
local government receiving the application for a proportionate
fair -share agreement.
Data and analysis contained in the ICE Support Documentation shall be updated, as
necessary, in the EAR -based Comprehensive Plan amendment. Any Objectives or
Policies not specifically addressed in this section shall be maintained in the updated
ICE.
Capital Improvements
The Capital Improvements Element (CIE) was significantly amended at the time of the
1998 EAR -based Comprehensive Plan amendment. The 5 -Year Schedule of Capital
Improvements was established by this amendment for years 1998 -2002. In 2002, the CIE
was amended in coordination with Public School Facilities Element (PSFE) which was
adopted in 2001. The most recent amendment to the CIE was adopted in 2005 by way of
Ordinance 8, 2005, which was a substantial re -write of this elernent establishing
procedures for annual updates to the Schedule of Capital Improvements consistent
Florida Statutes.
The evaluation and assessment of the Capital improvements Element (CIE) of the
Comprehensive Plan includes: an identification of the Level of Service (LOS) Standards
adopted in the existing Plan; a discussion of the condition of all public facilities during
the EAR period and a determination of whether or not those LOS Standards have been
met, or are in need of revision in the updated Plan; a summary of available capacities for
those public facilities and services having adopted LOS Standards; a forecast of capacity
availability over the subsequent 5 -Year (201 1) and 10 -Year (2016) planning periods; an
identification of needed public facilities capital improvements in a new updated Capital
Improvements Program (CIP) for the 5 -Year planning period; and, an examination of
revenue sources available to the City to fund identified capital improvements in the future
which will, in turn, determine the financial fcasibility of implementing the City's
Comprehensive Plan.
1. Level of Service (LOS) Standards
The LOS Standards currently adopted City of Palm Beach Gardens Comprehensive Plan
(and as extracted from the CIE of the current Plan) are identified in Table 3, Level of
Service Standards.
WA
�J
V
The Sanitary Sewer LOS Standards should be reviewed with Seacoast Utility Authority
(SUA) and revised, if necessary, in the update. The SUA continues to be the central
sanitary sewer system provider to Palm Beach Gardens. The Sanitary Sewer sub - section
to the Infrastructure section of this Report states that discussions with SUA staff
indicate that the LOS of 107 gpcd is still an applicable standard. Palm Beach Gardens is
part of the overall SUA sanitary sewer system. The Plan update will have to reflect
Palm Beach Garden's Sanitary Sewer LOS Standard for its portion of the overall
system.
There still are some properties in the City utilizing individual septic tank systems They
must continue to meet Palm Beach County Environmental Control Rules, State DEP
and DOH regulations These, in essence, are the LOS Standards for septic tank
systems.
The Potable Water LOS Standards also needs to be reviewed with the SUA and revised,
if rigcessary, in the update. As reported in the Potable Water sub - section to the
Infrastructure section of this EAR, with a few exceptions where lots are being served by
individual wells, the City is being served by the SUA central potable water system. The
SUA system continues to be maintained in a good condition. As the water supplier to the
City, SUA will have to establish a system -wide LOS Standard for their entire system.
HM
TRAFFIC CIRCULATION
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FIHS Roads
Beeline Highway
Excepted Links per Table 2A
SEWAGE SERVICE
SOLID WASTE
Generation per capita:
Collection:
DRAINAGE
Table 3
LEVEL OF SERVICE STANDARDS
URBAN AREA
LOS for Peak Period in Peak Season
D
D
D
E
D
D
D
SANITARY SEWER
107 gallons per day
per capita
7.13 lbs per day
Twice per week
3 day, 25 year event
is WATER SERVICE POTABLE WATER
191 gallons per day
per capita
RECREATION AND OPEN SPACE
PUBLIC SAFETY
FirelEMS
Police:
PUBLIC SCHOOLS
3.7 acres of improved
neighborhood and
community parks
per 1,000 permanent
residents
5 minute response
time to 90% of all
calls, on a district basis
RURAL AREA
n
ri
�a
A
SEPTIC TANKS
Per DEP and Public
Health Department Regulations
7.13 lbs per day
Once per week
3 day, 25 year event
WATER WELLS
Per DEP and Public
Health Department Regulations
Park and recreation
facilities will be located
to serve the entire city
population, and in most
cases will be in the urban area.
Require well -based
sprinklers for all
structures; fire service with tanker
trucks; 8 minute average response
time.
1150 service calls per officer Zone patrol based on rural
per year; crime control strategies
Community Policing Philosophy
110% utilization rate or up to 120 %, per Policies 1 1.1.1.1 and 1 1.1.1.4 of
the PSF Element
CAPITAL IMPROVEMENTS 119
The City should coordinate with the SUA to determine the City's portion of their
overall system for inclusion in the EAR -based Comprehensive Plan amendment and
update. The City's current adopted LOS Standard for potable water is 191 gpcd. The
City has received a letter from SUA verifying that there will be adequate capacities to
serve existing and projected needs for the 5 and 10 -Year planning periods of the updated
Plan (See Appendix E).
Those properties utilizing individual wells must meet Palm Beach County Environmental
Control Rules, State DEP and public health regulations. These, in essence, are the LOS
Standards for those systems.
The Palm Beach County Solid Waste Authority (PBCSWA) has indicated to the City
that, for comprehensive planning purposes, there are adequate capacities at their disposal
facilities to meet the solid waste disposal needs of the County for the 5 and 10 -Year
planning periods. The City should, however, review the LOS Standards established in
the Comprehensive Plan for current applicability. The Solid Waste LOS Standard
should be updated based on this analysis and established in the updated Infrastructure
and Capital Improvements Elements (CIE) of the Plan.
The Drainage (Stormwater Management) LOS Standard established in the
Comprehensive Plan should be reviewed with the City's Engineer for current
applicability and updated and revised, if appropriate. The City currently establishes a 3
day, 25 year event LOS Standard for drainage facilities and stormwater management.
Whatever is determined for the update, drainage and stormwater management standards
should be coordinated with and be consistent with the City's NPDES stormwater
permitting program.
Impacts on the transportation network serving Palm Beach Gardens are generated by
development occurring within the corporate limits of the City, as well as, by traffic
generated by development occurring outside of the City. These circumstances are
expected to continue into the short and long term planning periods of the Plan. The
integrity and overall condition of the transportation system serving Patin Beach
Gardens is generally good.
The LOS Standards for roadways and streets are established by Policy 2.1.1.1. in the
Transportation element of the Comprehensive Plan. The LOS Standard established '
City - owner) and maintainer) streets (Neighborhood and City Collectors) is LOS D fnr
Peak period in peak season. Other LOS Standards are established for the County and
State roads that traverse the City. The LOS Standards established for State and County
roadways should be reviewed with the appropriate jurisdiction against their respective
standards and nomenclatures and revised, as necessary in the update.
The LOS Standard for recreational facilities of 3.7 acres /1000 pen-nanent City residents is
established in Policy 7.1.1. Lof the Recreation and Open Space of the Comprehensive
Plan. As stated in the Recreation and Open Space section of this EAR, it is
120
recommended that Policy 7.1.1.1.be expanded to 3.7 acres of all recreation and open
space areas/1000 permanent City residents
The LOS Standards established for Public Safety are established separately for: 1) Fire
and EMS services; and, 2) Police services. The Fire /EMS LOS is currently established at
5 minute response time to 90% of all calls, on a district basis while the Police service
LOS is based on 1150 calls per officer per year, and on the Community Policing
Philosophy. As established in the Public Safety section of this Report, it is
recommended that the Fire /EMS LOS Standard be revised to be consistent with
Countywide LOS Standards. It is also recommended that the LOS Standard for Police
service be revisited to identify other aspects of policing that could affect levels of
service such as a balance of response to incidents and proactive patrols, and citizen
satisfaction surveys. Also, an additional standard that should be furthered is to
maintain the Community Policing Philosophy currently employed by the City Police
Department.
The City has adopted LOS Standards consistent with the "Palm Beach County Interlocal
Agreement with Municipalities of Palm Beach County and the School District of Palm
Beach County to Establish Public School Concurrency ". The Public Schools LOS
Standard adopted in the current Plan is 110% utilization rate up to 120% which is
consistent with the Interlocal Agreement cited above.
40 Levels of Service (LOS) Standards are addressed by Objective 9.1.4. of the CIE:
Objective 9.1.4.: The City of Palm Beach Gardens maintains a minimum level of
service for transportation, potable water, recreation and open
space and public safety as definer) in applicable elements... The
School District of Paint Beach County shall maintain minimum
level of service standarcds for public school facilities, as defined in
the Public School Facilities Element... "
Policy 9.1.4.].(a) establishes that, "...7o ensure that the minimum levels of service for
these public.facilities and services are maintainer) as new development occurs, the City
of Palm Beach Gardens follows a concurrency management system. Policy 9.1.4.1.(b)
further states that, "The City shall, through a concurrency management system, that
the burden of showing compliance with the level of service requirements be upon the
applicant for a development permit. " Where capacity cannot be shown, methods are
establisher) in the Policy that may be used to maintain the adopted level of service. The
City implements Objective (.1.4. and Policies 9.1.4.1.(a) and 9.1.4.1.(b) through this
element and the concurrency management system established in its Land Development
Regulations. Division 3. Concorrency under Article 111. Development Review Procedures
of the Palm Beach Gardens Land Development Regulations establishes the Concurrency
Management System as used by the City in its site plan review process. Proposed
development projects are subject to site plan review and the Concurrency Management
121
System. This ensures that minimum levels of service are maintained as development
occurs in Palm Beach Gardens.
Policy 9.1.4.1.(b)., in part, also requires that public school concurrency be met and
Policy 9.1.4.2.(a) adopts the Public Schools Concurreney LOS ( as agreed to in the
Interlocal Agreement cited above). For public schools, the applicant for a development
order or development permit which includes a residential component must provide a
determination of capacity by the School District of Palm Beach County. A determination
by the School District is not required for existing single family legal lots of record. This
letter of determination of capacity is specifically required by Policy 9.1.4.2. and , as
already stated, a requirement of site plan review.
Policy 9.1.4.2.(b) addresses Public Safety LOS Standards. Even though public Safety
LOS Standards are not a "formal" component of the Concurreney Management System
required by Rule 9J5- 5.0055, FAC, the City monitors these standards during the site plan
and development review processes. Policy 9.1.4.2.(b) specifically maintains that,
"...Any project that necessitates expansion of public safety services beyond those
provide in any given fiscal year, shall be required to participate in the burden of
expanding police and fire %ms services to serve the subject property, or shall be phased
consistent with City plans to expand such services...':
Objective 9.1.4. and Policies 9.1.4.1.(a), 9.1.4.1.(b), 9.1.4.2.(a) and 9.1.4-2.(h) are all
critical to maintaining adequate levels of service in the provision of public facilities
and services and form the basis of the Concurreney Management System employed by
the City. Objective 9.1.4. and Policies 9.1.4.1. (a), 9.1.4.1. (b), 9.1.4.2. (a) and 9.1.4.2. (b)
should all be maintained in the CIE update.
Policy 9.1.4.2.( c) states that, "In 2000, the City shall evaluate and consider adopting
the ideal facility standards as a component of the parks and recreation level of service
standard and concurrency management system ". It is recommended in the Recreation
and Open Space section of this EAR the ideal recreation facility standards referenced in
Policy 9.1.4.2.( c) should not be adopted as a formal component of the concurrency
management system, but they would serve only as objectives for planning and budgeting
purposes. Policy 9.1.4.2.( c) should be revised to be consistent with the recommended
Policy established in the Recreation and Open Space section of this Report.
Policy 9.1.4.2.(d) establishes, "With a super - majority vote o(' the City Council,
alternative service mechanisms or provision of services at urban levels may be
approved in the rural service area". This Policv should be reviewer) in the update
process to either be reinforced or deleted.
Policy 9.1.4.3.) allows for the phasing gI'development to ensure that necessary public
facilities and services are available prior to the completion ol'a proposed development.
This phasing was utilized by the Mirasol development. An overall PCD was approved
for Mirasol, but it developed in phases. Each phase as it was developed was required to
Lemeet concurrency. Policy 9.1.4.3. should also be maintained in the CIE update.
122
Policy 9.1.4.4. requires that, "Certificates of occupancy will be issued only after all
40 required public facilities needed to meet the adopted level of service standards are in
place': This continues to be a condition and requirement of the Concurrency
Management System adopted by the City. Policy 9.1.4.4., too, should be retained in the
update.
Policy 9.1.4.7. identifies how development proposals will be reviewed in terms of
maintaining LDS for public facilities and services. This Policy should be reviewed for
current applicability in the CIE update.
2. Capital Improvements Program (CIP)
The Five -Year Schedule of Capital Improvements reflected in the current CIE (TABLE
9A) represented Fiscal Years 2004105 through 2009110. The capital improvements
projects identified for this time period were for Public Schools, Parks and Recreation,
Transportation, Drainage, Public Works, and Police & Fire /EMS services. There were no
capital improvements projects identified for housing, sanitary sewer, potable water, solid
waste, drainage or aquifer recharge. These projects were completed by the City or
carried over to subsequent years
Major infrastructure systems including sanitary sewer, potable water, stormwater
management facilities, roadways, solid waste, recreation/open space, public safety,
to schools, and subsequent improvements are already either in place or identified in the
current year Schedule of Capital Improvements to facilitate existing and future needs.
With the growth projected for the _S and 10 -Year planning periods of the updated
Comprehensive Plan, it is expected that these essential facilities and services will be
available to the Palm Beach Gardens community.
As already discussed in this EAR, the City is dependent on other entities for the provision
of central sanitary sewer and potable water services, solid waste disposal facilities, the
maintenance and operation of County and State roads and in the provision of public
schools. The major capital improvements responsibilities of the City are in the
operation and maintenance of its local road network, stormwaterldrainage system,
City-owned facilities such as City Hall, Police and Fire facilities and services,
recreation facilities and public works.
A capital improvement is definer) in Policy 9.1.1.1. of the CIE as "...al! capital facility
projects (renewal and replacement) needed for level of service maintenance which are
over $50,000 in estimated costs..." This definition is still valid and should be
maintainer) in the updated CIE. This Policy is consistent with and implements
Objective 9.1.1. of the CIE.
It is specifically established in Policy 9.1.1.2. how capital improvements will be
evaluated, ranked and what conditions must be met. Policy 9.1.1.2.is still applicable and
should be maintained in the update.
123
Not all capital improvements will incur City costs. Objective 9.1.2. states, "Future
to development shall bear a proportionate cost of facility improvements necessitated by
the development in order to maintain adopted LOS Standards" The City has
established a variety of impact fees in its land development regulations that the
development must pay as part of the development process. Division 4. Citywide Impact
Fees under Article 111. Development Review Procedures of the City's Land Development
Regulations establishes impact fees for Fire Protection and EMS, Police Protection, Parks
and Recreation and Road Costs. Objective 9.1.2. is being implemented and should be
retained in the CIE update.
Policy 9.1.2.1. requires that, "The City shall continue to collect a countywide
transportation impact fee to assess new development a pro rata share of the costs
required to finance transportation improvements necessitated by such development and
shall consider adopting a city road impact fee for neighborhood collectors and local
roads of City responsibility...". The transportation impact fee for collectors and local
roads has been adopted by the City. Policy 9.1.2.1. should be revised in the update to
delete this reference.
Policy 9.1.2.2. regards mandatory dedications or fees in lieu of for the provision of
recreation and open space facilities. The City's Land Development Regulations
establishes this requirement. Policy 9.1.2.2., likewise, should be maintained in the
update.
40 Policy 9.1.2.3. establishes that impact fees shall be periodically reviewed for park and
recreation sites/ facilities and law enforcement and emergency .services. The City
recently went through this exercise to keep impact fees up -to -date. This is a good on-
going requirement. Policy 9.1.2.3. should be maintained in the CIE update. However,
revised to reflect that impact fees be reviewed every two years .for cost, credits, and
generation rates.
Policy 9.1.3.2. of the current CIE states that, "The City shall adopt a Capital
Improvement Program covering at least 5 years and an annual capital budget as a part
of the City'.s budgeting process ". The City has developed a Five -Year Schedule of
Capital Improvements for the Short Range planning period of the Comprehensive Plan;
FY06/07 — 10/11. The E.-cecutive Summary, Data and Analysis and Table9A, City of
Palm Beach Gardens Five -Year Schedule of Capital Improvements, Capital
Improvements Element as developed by the City staffare provided an Addendum to this
CIE section of the EAR.
Because the City does not own, operate or maintain either the Sanitary Sewer or
Potable Water systems serving Palm Beach Gardens, nor does it plan to in the future,
there are no capital improvements or associated costs for such improvements reflected
in the Five -Year Schedule of Capital Improvements. Likewise, there are no capital
improvements regarding Solid Waste facilities reflected in the Schedule as they are the
responsibility of the Palm Beach County Solid Waste Authority.
124
Capital improvement projects proposed for the 5 -Year planning period are more readily
40 predicted because they reflect more immediate and identifiable concerns. Ordinance 8,
2005 adopted by the City in June, 2005 requires that the City prepare an annual update
to the Five -Year Schedule of Capital Improvements. Therefore, at the end of each
fiscal year, another year of projected capital improvements will be added to the end of
the 5 -Year planning period. This logical progression will utilize the same parameters
and requirements as established in the CIE of the Comprehensive Plan. This practice
will, in turn, provide the City with an on going, current 5 —Year CIP extending through
the Long Range (10 -Year) planning period of the updated Comprehensive Plan.
3. Revenues /Financial Feasibility.
The revenue sources generated by the City are basically the same as when the
Comprehensive Plan was last amended. The General Fund represents the basic
operating fund of the City. All revenues not required to be accounted for in other funds
are accounted for in the General Fund. The major source of revenue identified in the
General Fund continues to be generated from taxes. Ad valorem (property) taxes by
far is the major tax revenue generated in the City. It is estimated that nearly 80% of ad
valorem revenues are generated by residential uses. The City expects most growth in the
5 -Year planning period to be in residential development with the second 5 -Year planning
period being represented by a more diversified tax base generated from non - residential
growth. Other tax revenues are generated by franchise fees (electric and solid waste)
and utility taxes (local communication services).
40 Other General Fund revenue sources are generated from licenses and permits (permits
and occupational licenses), intergovernmental revenue (State Revenue Sharing, %s cent
.sales tax, federal and State grants and charges for services (EMS transport fees and
fire inspection fees).
The City's current General Fund adopted budget./or FY 06107 is approximately $77.7
million. The millage rate has been decreasing in recent years (6.26 mils — FY 314; 6.04
mils — FY 04105; 5.928 mils — FY05 106) to the current FY 06107 5.655 mils.
The City's investment portfolio, as of the quarter ender! June30, 2006, totaled
approximately $52.3 million. The portfolio consisted of various types of' investments
(e.g. SBA, FHLMC, FHLB, U.S. Treasury Notes , FFCB and FNMA). The Capital
Projects Fund represents the largest percentage of investment .funds (approximately
45 %) and consists of impact fees collected by the City.
The City has Special Revenue Funds established that represent revenues generated
front the municipal golf course and recreational programs offered by the City.
A major aim of the City in meeting capital improvement needs of the community is
expresser! in Objective 9.1.3. o/'the CIE.
125
Objective 9.1.3.: The City shall manage its fiscal resources to ensure the
to provision of needed capital improvements for previously
issued development orders and for future development and
redevelopment.
The City has typically tried to foresee and fund capital improvements in its annual
budgeting process. If capital improvement expenses have been unforeseen or
unanticipated, the City will generally determine whether other funds can be shifted within
the General Fund budget to fund such expenses (line item transfer). If revenues cannot
be found internal to the General Fund, then the City will draw funds from other sources
such as investment funds, grants, loans or other available sources.
The City currently has a bonded debt of approximately $6.5 million for the
construction of its City Hall and Police facility. These public facilities were funded by
General Obligation Bonds. The annual Debt Service is approximately $1.5 million.
As revealed previously, many public facilities capital improvements are funded by the
private development community as new development occurs. Typically, all developers
are required to make provision for essential services and facilities as the projected
impacts of development demand.
Based on the City's obligations in the provision of essential services and facilities in
relation to its strong revenue position from General Fund revenues, its investment
40 portfolio, grants and other sources, there are adequate revenues to meet future capital
improvement obligations as projected in its Five -Year Schedule of Capital
Improvements (FY06 107— 10 /11); and, to render the City of Palm Beach Gardens
updated Comprehensive Plan "financially feasible ".
All data and analysis shall be updated, as necessary, in the Support Documentation to
the CIE.
The Five -Year Schedule of Capital Improvements .for FY 06107 — 10/11 shall be
included in the updated CIE.
In response to the 2005 amendments to the Florida Statutes, the City is required to adopt
a proportionate fair -share ordinance by December 1, 2006. The intent and purpose of this
ordinance is to allow developers to proceed under certain circumstances, notwithstanding
the failure of traffic concurrency, by contributing their fair -share to improve the impacted
transportation facility. In addition and in coordination with this ordinance, DCA requires
the inclusion of the following policies into the Comprehensive Plan:
Policy # TBD: The City shall review anrd update the CIE annually as neces.vary
to reflect proportionate fair - .share agreements and cor►trihutions.
Policy # TBD: The City is responsible for ensuring the financial feasibility of
capital improvements in the adopted CIE.
126
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
• Agenda Cover Memorandum
•
Date Prepared: September 19, 2007
Meeting Date: October 9, 2007
Subiect /Ay,enda Item:
Evaluation and Appraisal Report Based Amendments
Workshop: City staff is presenting the Comprehensive amendments relative to the adopted EAR
in a public workshop session segregated by element. City staff is requesting discussion and
direction from the Planning, Zoning and Appeals Board.
(X] Recommendation to APPROVE
[ J Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
CC Action:
Growth Management:
[N /A] Approved
City Attorney
Christine Tatum, Esq.
Project
�
S^
Costs: $ NIA
[N /A A w/ conditions
] pp.
Manager
Total
[N /A] Denied
Development Compliance
Stephen Mayer
[ ] Rec. approval
/V/ 4
Senior Planner
$ N/A
[ ] Rec. app. w/ conds.
( ] Quasi - Judicial
Bahareh Keshavarz, AICP
Current FY
[ ]Rec. Denial
( ] Legislative
[N /A] Continued
Growth Manage
[X] Public Hearing
Funding Source:
to:
Administrator
Advertised:
Attachments:
Kara L. Irwin, AICP
[ ] Operating
• EAR -Based
Date: September 28,
Amendment Schedule
Accountant /V ri/�
2007
Paper: PB Post
[X] Other N/A
-
* Section of Adopted
Ketty Labossiere
EAR:
[ ] Not Required
• Conservation
Budget Acct. #:
. Capital
Approved By:
NA
Improvement
Affected parties:
• Inter -
Ronald M. Ferris
governmental
[ ] Notified
Coordination
City Manager
[X] Not Required