Loading...
HomeMy WebLinkAboutAgenda P&Z 070808! t AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JULY 8,2008 AT 6:30 P.M. COUNCIL CHAMBERS CALLTOORDER 0 PLEDGE OF ALLEGIANCE ROLLCALL 0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN 0 APPROVAL OF MINUTES: PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Joy Hecht Amir Kanel (1 st Alt.) Donald ban (2nd Alt.) 1. Planning, Zoning and Appeals Board July 08,2008 I ! 1 Public Hearing: Petition CUMJ-07-08-000 Major Conditional Use a A request by Cotleur & H approval of a request to maximum of 85 students approximately 47-acre P1 Boulevard between Gard - Palm Beach Community Church Daycare/Preschool ite Plan Approval g, agent, on behalf of Palm Beach Community Church for a Major Conditional Use of a preschool/daycare for a n Building G of the Borland Center at Midtown. The Unit Development is located on the north side of PGA e Boulevard and Shady Lakes Drive. Project Manager Jackie Holloman, P an(ii,obgfl.com (799-4237) 2. PublicHe e City of Palm Beach Gardens, Florida, adopting a ensive development plan in accordance with the rida Statutes, specifically section 163.3 184, ET initiated application No. CPMA-08-06-000009, City’s future land use map designating fourteen comprising approximately two thousand twenty nine size as “CONS-conservation”; such parcels of land are d PGA Boulevard, informally known as the Natural Areas”; providing for compliance with a Statutes; providing a conflicts clause and a date; and for other purposes. (2,0292) acres, more or 1 located North of Beeline Project Manager: Natalie Wong, AlCP f Palm Beach Gardens, Florida, adopting a development plan in accordance with the te, specifically section 163.3 187 (l)(c), ursuant to City initiated application No. CPMA-08-06- an amendment to the Town’s Future Land Use Map rising approximately one and 37/100 cial”; such parcel of land is located at ngress Avenue, informally known as roviding for compliance with all oviding a conflicts clause and a Beach Gardens, Florida, adopting a pment Plan in accordance with the ecifically section 163.3 187 (l)(c), d application No. CPMA-08-04- an amendment to the Town’s Future Land Use Map one and 50/100 land is located on 2 Planning, Zoning and Appeals Board July 08,2008 the South side of PGA Boulevard approximately ’/4 mile East of Prosperity Farms Road, informally known as the “Waterway Cafe Restaurant”; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Project Manager: Natalie Wong, AlCP nwone@,Dbefl.com (799-4233) 5. Public Hearing: CPTA-08-06-000013 - City-Initiated Evaluation and Appraisal Report (EAR)-Based Comprehensive Plan Amendments A City-initiated request for amendments to the Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Capital Improvement, Intergovernmental Coordination, Public Safety, Public School Facilities, and Economic Development Elements of the City’s Comprehensive Plan, providing for the EAR-based amendments. Project Manager: Nilsa Zacarias, planning manager, nzacarias@,ubefl.com (799-4236) 6. OLD BUSINESS 7. NEW BUSINESS 8. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26 persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk S OfJice, no later than jve days prior to the proceeding, at telephone number (561) 79Y-412O for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. rfa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtainedfvom the files in the Growth Management Department. Commodpz agenda 07-08-2008.doc 3 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: July 8,2008 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, July 8,2008 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, July 8, 2008. 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 Growth Management Department staffreport 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 11, will call to confirm your attendance. n Growth Management Administrator Comprehensive Plan Citizen Courtesy Information List Address, City, State, Zip Code Local Government: City of Palm Beach Gardens 0 Check Appropriate Response(s) Hearing Date: July 8,2003 Type Hearing: Planning, Zoning and Appeals Board (PZAB) DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Citizen Name -",~ ....... ll.".l" .. X. Identify Amendment which is of Interest w-r* .................. ; ._ ...................... ;..v .................................. .- I i 1 ... , ....... ................... .... .................. .~ 1. ".-.~-.-r ... I i i .. I i I 1 ................................ ............ ......... -I ... "" ... __ ,,,._" ____, l_l ..... __ __,_..._____I__ . ..l"" .. - . ," __ _-. . Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: July 8,2008 Type Hearing: Planning, Zoning and Appeals Board (PZAB) DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Citizen Name l.""".x .I, -x I ..... i i .. I 1 0 Check I Address, City, :Appropriate State, Zip Code jResponse(s) r-" I [Written Spoken jcomment Comment Identify Amendment which is of Interest Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: July 8,2008 Type Hearing: Planning, Zoning and Appeals Board (PZAB) DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. I 1 Citizen l Name i i I Check i I Address, City, :Appropriate State, Zip Code /Response(s) jwritten Spoken iComment Comment Identify Amendment which is of Interest Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: July 8, 2008 Type Hearing: Planning, Zoning and Appeals Board (PZAB) DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. I Citizen Address, City, \Appropriate Identify Amendment Name State, Zip Code jResponse(s) I which is of Interest CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 25,2008 Meeting Date: July 8,2008 Petition: No. CUMJ-07-08-000011 SubiectlAqenda Item: Petition CUMJ-07-08-000011 - Palm Beach Community Church DaycarelPreschool Major Conditional Use Public Hearing & Recommendation to City Council: A request by Cotleur t? Hearing, Inc., agent, on behalf of Palm Beach Community Church at the Borland CenterlMidtown Planned Unit Development (PUD) for approval of a Major Conditional Use to allow a preschooVdaycare for 85 students within Building G. The approximately 47-acre Planned Unit Development is located on the north side of PGA Boulevard between Garden Square Boulevard and Shadv Lakes Drive. [ X ] Recommendation to APPROVE with One Condition ] Recommendati Reviewed by: Compliance: Bahareh K. Wolfs, AlCP Growth Wniement Approved By: City Manager: Ronald M. Ferris n to DENY Originating Dept.: Growth Management: Project Planner [ X ] Quasi-Judicial [ ] Legislative [ X ] Public Hearing Advertised: Date: 6127108 Paper: Palm Beach Post [ X ] Required Affected Parties: [XI Notified [ ] Not Required Finance Dept.: NIA Allan Owens, Administrator Senior Accountant: /--- --I& Tresha Thomas Fees Paid: [ ]Yes Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA Planning, Zoning, Appeals Board Act ion : [ )Approved [ ] App. wl condition: [ ] Denied [ ] Rec. Approval [ ] Rec. Approval wlconditions [ 1 Rec. Denial [ ] Continued to:- At t acli m en t s Applicant's Narrativ Response to DR( Comments 9 Location Map Resolution 92, 200, Plans Date Prepared: June 25,2_008 Meeting Date: July 8, 2008 Petition: No. CUMJ-07-08-000011 EXECUTIVE SUMMARY 0 The subject petition is a request by Cotleur & Hearing, Inc., agent, on behalf of Palm Beach Community Church at the Borland CenterlMidtown Planned Unit Development (PUD) for approval of a Major Conditional Use to allow a preschoolldaycare for 85 students within Building G. Staff is recommending approval of this petition. BACKGROUND On August 5,2004, the City Council adopted Ordinance 13,2004 and Resolution 92,2004, which approved the rezoning of the subject site from Planned Development Area (PDA) to a Mixed-Use Planned Unit Development (MXDIPUD) and master development approval to allow the development of the approximately 47-acre project known as the Borland CenterlPalm Beach Community Church. This approval included the development of 64,533 square feet for a cultural center and church facilities (500-seat small theaterlchurch facility with accessory uses and 300-seat banquet hall), 64,025 square feet for retaillcommercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi-family units. Included in this approval was a conditional use for the 500-seat small theater uselchurch and 300-seat banquet facility. On February 18,2005, the City Council adopted Resolution IO, 2005, which approved the plat and a deed for Shady Lakes Drive consistent with the Borland Center Plat, and also accepted a conservation easement for a 4.6-acre site off the Beeline Highway as an off- site upland preserve set-aside to mitigate 3.39 acres of on-site preserve for the Borland Center PUD. @ On March 2,2006, the City Council adopted Resolution 14,2006 amending Resolution 92, 2004 by modifying certain conditions of approval relating to the timing for the installation of landscape buffers and traffic signals. On April 21 , 2006, an administrative amendment was approved to allow for a reduction in the size of Building G by 14,480 square feet. This amendment also allowed the addition of a play area adjacent to Building G and the addition of a utility easement. LAND-USE AND ZONING DESIGNATIONS The subject site has a future land-use designation of Mixed Use (MXD), and it is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD). PROJECT DETAILS Palm Beach Community Church is requesting a major conditional use to allow a preschoolldaycare use for Building G. A maximum of 85 students will attend the preschool between the hours of 7 a.m. and 6 p.m. Monday through Friday. The applicant states that the daycare use is compatible and consistent with the character of the Borland Center, which contains a mix of uses but lacks a daycare use. Building G has been previously 2 Date Prepared: June 25,2008 Meeting Date: July 8,2008 Petition: No. CUMJ-07-08-000011 approved and constructed. Therefore, there will be no adverse visual impacts because of this requested use. The fenced playground for the daycare is proposed to be located on the north side of Building G and meets the criteria of Section 78-1 59, Table 21, Note 35, Day care, child or adult. Location The subject site is located on the north side of PGA Boulevard between Garden Square Boulevard and Shady Lakes Drive. The subject site is bounded on the north and east by Garden Lakes and Garden Square Shops Planned Unit Development and on the west by Shady Lakes Drive and Gardens of Woodberry and Cinnamon Plat No. 2. Concurrency In a letter dated October 3,2007, the Palm Beach County Traffic Engineer determined that the project meets the Traffic Performance Standards of Palm Beach County, with a build- out date of December 31, 2007. In addition, the project has received administrative approval of a time extension with a build-out date of December 31, 2008. Site Access A vehicular circulation plan has been submitted which shows traffic entering the development from PGA Boulevard at the easternmost driveway, turning left onto the Promenade, and dropping students off on the west and south sides of Building G. Motorists will exit the site by proceeding either north or south on the intersecting street. Parking Section 78-345, Number of parking spaces require, requires one (1) parking space for every 10 students, one (1 ) additional drop-off/pick-up space for every 10 students, plus one space per van or bus. Seventeen (17) parking spaces are required, based on an anticipated enrollment of 85 students. These 17 parking spaces have been provided by using the Sunday school's 33 parking spaces when the Sunday school is not operating. The preschool will be open Monday through Friday, and the Sunday school will only be open on Sunday. A total of 13 parking spaces are located on both the west and south sides of Building G that may be used for pick-up and drop-off of students. The drivers will also have the option of parking in the 443-space parking garage. The student drop-off program proposed for this daycare is comparable to those used for other daycares/preschools in the City, such as the Bluff's Preschool at Mirasol, which was approved by the City Council in 2002 and provided 24 parking spaces for approximately 243 students. DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS A DRC meeting was held on September 27,2007. The applicant has addressed all DRC 3 Date Prepared: June 25,2008 Meeting Date: July 8, 2008 Petition: No. CUMJ-07-08-000011 comments in the attached memos from Cotleur & Hearing dated November 12,2007, and June 13,2008. CONDITIONAL USE CRITERIA Section 78-1 59, Table 21 , Permiffed, Condifional, and Prohibited Use Chart, Note (49) d, Churches and Places of Worship, states that a day care for children may be included within any major conditional use approval granted by the City Council to establish a church or place of worship, or as an additional major conditional use operating as part of the facility. In the attached narrative, the applicant has addressed each of the Conditional Use criteria per Section 78-52(d). Please also see staffs Major Conditional Use analysis attached. PLANNING, ZONING, AND APPEALS BOARD In accordance with LDR Section 78-43(h), the Planning, Zoning, and Appeals Board held an advertised and noticed public workshop meeting on June 24,2008, in order to provide an additional opportunity for public comments and to inform the neighboring residents of the nature of the application. The Board members all agreed that the project is well done and is a fine addition to the City. The only question pertained to an inlet that is located under the playground equipment. The applicant has stated that a “grateguard” will be placed around the drainage grate inlet to prevent mulch from entering the inlet. One member of the public questioned if enough parking spaces are being provided for drop-off and pick-up of 85 students and questioned what would happen should more students become enrolled. The applicant explained that more than sufficient parking has been provided and a condition of approval is intended to monitor the number of students enrolled annually. STAFF RECOMMENDATION Staff recommends APPROVAL of this petition with the following condition: Planning and Zoning: 1. Annually at the end of August, the Applicant, its successors, and/ or assigns shall submit to the City a letter certifying the number of students who are enrolled for the current school year. The daycare/preschool shall have no more than 85 students enrolled for each school year. (Planning & Zoning, Development Compliance) 0 jh/Case Files/Midtown/CUMJ-O7-08-00001 I/Staff report Borland Daycare PZAB PHear Rec to CC.doc 4 CITY OF PALM BEACH GARDENS LDR SECTION 78-52 PALM BEACH COMMUNITY CHURCH DAYCAFWPRESCHOOL STAFF’S MAJOR CONDITIONAL USE ANALYSIS (I) Comprehensive plan. The proposed use is consistent with the comprehensive plan. StaffAnalysis: As demonstrated in the staff report for this petition, staff has determined that the proposed use of a daycare/preschool use is consistent with the City’s Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. StaffAnalusis: Note (35), Section 78-159 of the City’s LDRs, entitled Permitted uses, conditional and prohibited uses, allows a daycare, child or adult, as a major conditional use in Professional Office (PO), General Commercial (CG-I), Intensive Commercial (CG- 2), and Light Industrial (M-A) zoning districts. Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. StaffAnalusis: The proposed use is consistent with the additional standards provided in Section 78-159, Note (49), Churches and places of worship. A daycare, child or adult, use may be included within any major conditional use approval granted by the City Council to establish a church or place of worship. This use is, therefore, compatible with applicable requirements of this chapter. 0 (3) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. a StaffAnalzlsis: Staff has determined that the proposed use provides for the aforesaid standards and, therefore, provides for the public health, safety, and welfare. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: 0 a. Noise; b. Glare; C. Odor; d. Ground-, wall-, or roof-mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; i. Visual impact; and j. Hours of operation. StaffAnalusis: Staffs professional opinion is the proposed daycare/preschool use will not have a visual or environmental impact on surrounding development, since it will utilize the existing church’s Sunday school classrooms when they are not in use during the week. The site has already met required screening and buffering Code requirements. Plus the outdoor play area will feature a fence for safety reasons. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. StaffAnalysis: The applicant has minimized the impacts of the project on the adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. StaffAnalysis: The proposed use is consistent with the requirements of this chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. N/A 2 (9) Compatibility. The overall compatibility of the proposed use with adjacent and area uses, and character of area development, Staff Analusis: According to Note (35), Section 78-159 of the City’s LDRs, entitled Permitted uses, conditional and prohibited uses, allows a daycare, child or adult, as a major conditional use in Professional Office (PO), General Commercial (CG-I), Intensive Commercial (CG-2), and Light Industrial (M-A) zoning districts. Plus, Note (49), Section 78-159, Permitted uses, minor and major conditional uses, and prohibited uses, states a daycare/preschool facility may be included within any major conditional use approval granted by the City Council to establish a church or place of worship. 0 (lo) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. StugAnalysis: A daycare/preschool use for this site would provide a desirable use and would be logical for this Mixed-Use Zoning District. In addition, a daycare/preschool use would complement the previously-approved church and place of worship. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. StaffAnalysis: Staff has reviewed the proposed use and found it to be in harmony with the intent of the City’s LDR’s and the Goals, Objectives, and Policies of the Comprehensive 0 Plan. (12) Adverse impact. Staff Analysis: The proposed daycare/preschool use will have no known adverse impacts on the surrounding development, but will instead provide a desirable service to the working public. The applicant has satisfactorily addressed traffic circulation on the site as well as proven that adequate parking is available during the week through the use of drop- off and pick-up parking spaces and through the use of parking provided for the Sunday school when it is not in use. In addition, the parking garage is also available for daycare/preschool parking. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Staff Analusis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. The daycare/preschool use will occupy the Sunday school’s classrooms during the week when they are not in use by the church. Fax 561. 7www PALM BEACH COMMUNITY CHURCH DAY-CARE AT THE BORLAND CENTER Major Conditional Use Statement of Use REQUEST Palm Beach Community Church, the applicant, is requesting a conditional use for the Borland Center site plan. The subject petition is a request to allow a conditional use within the Borland Center by adding a preschool (daycare) use to Building G for a temporary amount of time. When the applicant receives site plan approval for the remaining church/Borland Center PBC traffic concurrency approved SF, the preschool will be eliminated. The proposed daycare will be open Monday thru Friday and will use five of the Sunday school classrooms for operation. A maximum of 85 students will attend the preschool. PROJECT CONTACT 0 All correspondence for these'requests should be directed to the Agent for the applicant: Cotleur & Hearing Inc. Donaldson Hearing, ASLA /Alesandria Kalfin 1934 Commerce Lane, Suite I Jupiter, Florida 33458 Phone: (561) 747-6336 Ext. 128 Email: akalfin@cotleur-hearing corn Fax: (561) 747- 1377 SPECIFIC REQUEST AND FEES Conditional Use Request (Base Fee) Legal Escrow Engineering Escrow Total Fees $3,000.00 .$2:00 0.00 $1,000.00 $6,000.00 BACKGROUND 0 On August 5th, 2004, the City Council adopted Resolution 92, 2004 approving 64,533 square feet for a cultural center and church facility and granted conditional use approval for a church to be located within the master development plan for the property known as the Borland Center / Palm Beach Community Church. On April 21*', 2006, Staff approved an administrative amendment which amended the site plan approved by Resolution 92, 2004. The amendment officially approved a minor site plan amendment to the Borland Center PUD to allow for a reduction in size of Building G by 14,480 square feet. The amendment also allowed the addition of a play area adjacent to Building C and the addition of a utility easement. LAND USE &ZONING The subject site has a future land-use designation of Mixed Use (MXD), and it is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD). ~ 0 TRAFFIC The traffic consultant of record for the Borland Center has issued a new traffic statement for the proposed modifications to the site and has determined that these changes do not have a significant impact on the adjacent roadway network. This County traffic concurrency request is contingent on a build-out date of December 31, 2007. PARK1 N C As required by Section 78-345, I parking space is required for every io students and an additional drop-off/pick-up space is required for every io students, for a total of 17 required parking spaces with the addition of 1 van or bus parking space. The required parking spaces have been provided by using the Sunday school parking spaces when the Sunday school is not operating. The preschool will be open Monday thru Friday and the Sunday school will only be open on Sunday. A total of 33 parking spaces have been provided for the Sunday school. The 33 spaces include drop-off/pick-up spaces directly in front of the building. LANDSCAPING As required, the landscape plan has previously been revised to reflect the required '. shade trees per section 78-159. The code requires one (I) shade tree for every 1,500 square feet of playground area. The applicant has provided a minimum of four (4) shade trees within the +/-6,000 square foot playground area. CRITERIA Per section 78-52 (d) the applicant is required to meet the application requirements listed below for a major conditional use approval. (I) Comprehensive plan. The proposed use is consistent with the comprehensive plan. The application request is consistent with the comprehensive plan. The day care will be located within the previously approved Sunday school classrooms. The classrooms are located in Building G, also previously approved and in mid-construction. There will not be an increase in overall trips to the site because this use is temporary in nature and will not exceed the overall approved number of trips for the site. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The application request is consistent with all applicable requirements of this chapter. As required, the landscape plan has previously been revised to reflect the required shade trees per section 78-159. The code requires one (I) shade tree for every 1,500 square feet of playground area. The applicant has provided a minimum of four (4) shade trees within the +/-6,000 square foot playground area. Minor landscape changes have been made around the perimeter of the playground area due to the relocation of the handicap parking spaces. 0 (3) Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. 78-159 j &) Day care, child or adult. Child or adult day care facilities shall conform with the applicable standards listed below. a. Shall be licensed by and comply with all requirements of the Palm Beach County Health Department, including Chapter 59-1698, Special Acts, Laws of Florida, as amended by Chapter 77-620, Special Acts, Laws of Florida. The applicant will obtain a license and comply with all requirements of the County Health Department upon approval by the City. b. The minimum lot area shall be not less than 8,000 square feet. The lot area exceeds the 8,000 square foot minimum. c. If required, a fenced outdoor recreation area of not less than 800 square feet shall be provided. The outdoor area shall be located in the rear yard in all day care centers located in residential zoning districts. A fenced outdoor recreation area has been provided that exceeds the minimum 800 square feet. The area is located in the rear year of Building C. d. A day care center shall not exceed the maximum number of children or adults approved by the city council. The applicant will comply with this requirement. e. Shall operate not more than 18 hours per day. The day care will not operate more then 18 hours per day. The day care will be open during regular business hours. f. Shall provide a pickup and drop-off facility, including queuing, circulation, and parking spaces, acceptable to the city engineer and the growth management director. The day care will be located in Building C within the Borland Center. Building C is located at the street, providing a prime location for pick-up and drop-off. A total of 13 parking spaces are located on both the west and south perimeters of the building that may be used for pick-up and drop-off of students. g. A four feet high fence or wall shall be installed along the perimeter of the outdoor play or activity area. The applicant is proposing a fence, four feet or higher, along the entire perimeter of the outdoor playground area. h. Outdoor activity areas shall be landscaped as required by Section 78-313 of this chapter. In addition, one shade tree per 1,500 square feet of outdoor play or activity area shall be installed. The applicant is proposing a minimum of4 shade trees for the proposed +/- 6,000 square foot playground area. i. All stationary play equipment, dumpsters, garbage cans or recycling bins, and similar equipment shall be located at least 50 feet from any abutting residential property line. The playground is located over 5o-feet from any residential property line. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; The proposed use is proposed to be located within a Council approved site plan. The applicant has complied with these criteria. b. Providing for a safe and effective means of vehicular ingress and egress; The proposed use is proposed to be located within a Council approved site plan. The applicant has complied with these criteria. c. Providing for an adequate roadway system adjacent to and in front of the site; The proposed use is proposed to be located within a Council approved site plan. The applicant has complied with these criteria. d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and The proposed use is proposed to be located within a Council approved site plan. The applicant has complied with these criteria. e. Providing adequate access for public safety purposes, including fire and police protection. The proposed use is proposed to be located within a Council approved site plan. The applicant has complied with these criteria. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; The day care will be operated inside Building C for the most part. The students will be outside in the playground for short periods of time but during regular business hours. The playground was previously approved in this location and provided the required buffering and screening by staff. b. Glare; This is not applicable. c. Odor; This is not applicable. d. Ground-, wall-, or roof-mounted mechanical equipment; This is not applicable. e. Perimeter, interior, and security lighting; The lighting for the site has been previously approved and is not changing due to this request. f. Signs; This is not applicable. g. Waste disposal and recycling; The waste disposal area for the Building has previously been approved in its location and is not changing due to this request. h. Outdoor storage of merchandise and vehicles; This is not applicable. i. Visual impact; and This is not applicable. j. Hours of operation. The day care facility will be open during regular business hours only, Monday through Friday and closed on weekends. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties, The proposed request will not affect the approved utilities for the site. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. The proposed use will be located within a Council approved building within a Council approved PUD. The use meets all dimensional requirements. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. The Borland Center neighborhood plan promotes the mix of uses within the community. The proposed use is consistent with this plan. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The building in which the proposed use will be located is a church. Church and day care use is compatible and is consistent with the character of the Borland Center. (io) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The Borland Center has been approved and the majority of the development has been built. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city, The proposed day care use will be in harmony with the general purpose and intent of this chapter and the goals of the city. The Borland Center contains a mix of uses but lacks a day care use. This use will provide a new and needed service of the project. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The building in which the use will be located has been approved and constructed. No adverse visual impacts will be caused due to this request. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. The proposed use will not have adverse impacts on the environmental and natural resources within the Borland Center or the city. CONCLUSION The applicant is seeking a conditional use for a day care use within the Borland Center in the City of Palm Beach Gardens. The day care will have a total of 85 students and will utilize five of the Sunday school classrooms between Monday and Friday. When the applicant receives site plan approval for the remaining church/Borland Center PBC traffic concurrency approved SF, the preschool will be eliminated. The day care use is consistent with the Comprehensive Growth Management Plan and the Land Development Code of Palm Beach Gardens. The applicant is anxious to work closely with Staff throughout the approval process to ensure successful development is achieved in the City of Palm Beach Gardens. Cotleur & Hearing La t-dsc ape Architect lire 1 Land PI aniiers I Envi I oi-, men tal Con su I tant J Commerce Lane Suite 1 Jupiter, FL . 33458 . Ph 561.747.6336 . Fax 561.747.1377 www.cotleurhearing.com . Lic # LC-COO0239 Date: June 13,2008 To: Jackie Holloman, City of Palm Beach Gardens cc: Leo Giangrande P.E., Boyle Engineering Jim Brown, Building Department From: Alessandria Kalfin, Cotleur & Hearing, Inc. Subject: Borland Center & Palm Beach Community Church Responses to Boyle Memorandum dated 1.7.08 and Building Department Com me nts dated 09.25.07 CUMJ-07-08- 11 ENGINEERING ',B + 1. The applicant indicates that they have shown stacking distances for the drop off locations on the site plan. However, it is not clearly identified on the plans received, The ap'plicant shall clarify (show, label and dimension) the anticipated stacking distances in the area of the drop off stalls for conformance with Section 78-46 of the LDR. Response: We have added stacking distances to the site plan per your request. 2. The applicant shall show and label the proposed pavement marking and signage for the drop off parking stalls. The signage shall designate any restrictions on parking by the general public and the hours of enforcement of said restrictions, or shall totally prohibit non drop off use for conformance with Section 78-46 of the LDR. Response: Signage for drop off parking stalls has been shown and labeled on the site plan. 3. The applicant shall provide a detail of the drop off spaces which shows, labels and dimensions all elements, including but not limited to proposed pavement marking and signage for conformance with Section 78-46 of the LDR. Response: A detail of the drop off space has been added. 4. The applicant shall identify (label) what appears to be existing/proposed utilities within the proposed playground area for conformance with Section 78-46 of the LDR. Response: The utilities can be identified by referring to the as-built plans previously provided to the city. Please use these plans for future reference, 5. The applicant shall identify the means of vehicular maintenance access, as it is noted by the applicant that no offsite access will be provided to the playground. While we understand the issue of security, we would recommend that some form of secure vehicular access be provided, to allow the potential maintenance of all onsite utilities by standard vehicular maintenance equipment, as may be required for conformance with Section 78-46 of the LDR. Response: The applicant intends to create an access point into the playground area; a 4-foot wide gate on the southwest corner of the playground to provide equipment access for all utility maintenance. Access will be provided to utility companies at any time, however the gates will remain locked and monitored at all times. 6. Should the applicant not wish to provide offsite access for maintenance, due to security issues, the applicant shall clarify how they propose to provide future maintenance should the utility require major repairs for conformance with Section 78-46 of the LDR. Response: See response to comment number 5, above. 7. The applicant shall clarify the design as to the inlet shown under the playground equipment for conformance with Section 78-46 of the LDR. The applicant shall clarify if it is intended to maintain serviceability of the inlet and if not, how the runoff will be accommodated. We have concerns with the fact that the applicant proposes a mulch bed, under the apparatus, which will impact the inlets function. Response: The applicant intends to maintain serviceability of the inlet by placing a "grategaurd" around the drainage grate inlet to avoid the mulch from entering the inlet and causing impacts to drainage. Specifications and photographs of the grategaurd have been provided. The applicant would also like to note that the mulch will be engineered (not natural) and allows a significantly higher rate of water flow. 8. The applicant shall provide a topographic survey of the proposed playground area, extending a minimum 50 feet outside the fence boundary, showing existing and proposed grades, along with drainage patterns, for conformance with Section 78- 80 of the LDR, to allow for the verification of proposed drainage. The topographic survey shall include the labeling of the pipe sizes along with existing and proposed grades for the drainage structures within the 50 foot boundary area, Response: The applicant has provided the city with as-built plans that include all of the requested information. Please refer to the as-built plans. 9. The applicant shall review the location of the planting pots and other elements shown in close proximity to the drop off parking stalls, on the south side of the building, as to their minimum clearance for vehicle access for conformance with Section 78-46 of the LDR. It appears that some of the stalls will have restrictive access for door swings and vehicle ingress/egress as shown. Response: The planting pots in the sidewalk area south of Building G have been eliminated in the Administrative Amendment that coincides with this request to ensure adequate access for door swings and vehicle ingress/egress is provided. 1O.N is noted that the PBCTD review comments indicate a December 31, 2007 Build Out date. The applicant has provided a separate build out extension request which is currently being reviewed. Response: Comment acknowledged. BUILDING 1. Insufficient information has been provided to accurately determine the applicability of the Florida code to this project and the suitability of the structure for the intended use. Please provide the following information: a. Intended hours of use of the daycare occupancy and the intended hours of services for the church (assembly) occupancy. Response: The hours of the use of the daycare occupancy will be from 7A.M. to 6 P. M. Monday through Friday. The hours of the services for the church are at 9:30 AM and 11:30 AM on Sundays only. b. If the daycare is intended to be operated when the church is not holding services, additional information will be required. This information should include: i. Complete floor plans for the areas intended to be utilized for the daycare occupancy including egress and life-safety plans with exiting st rat egi es. Response: Please see sheet 151 01 ii. Partition and barrier construction details (for smoke partitions and smoke barriers). Response: Please see sheet A802 iii. Type and of construction within which the daycare occupancy is to be located. Type and area of the entire structure. Response: Please see sheet LSlOl iv. Hazard protection methodologies utilized for: laundry, equipment, storage, janitorial, and maintenance areas. Response: There is no laundry. Storage janitorial and maintenance are all separated from the Daycare with CMU rated firewalls meeting the requirements of FBC 436.6.1 and 436.6.2. v. Fire alarm smoke detection, visual notification, and enunciation devices by compartment for every compartment utilized for the daycare occupancy. Response: Please see sheet E-000, E-201 AND E-202 vi. Folding doors if utilized as part of a flexible floor plan must be reflected on the plans provided. Response: No folding doors are used in the daycare occupancy. The following general comments are also applicable to this project should be noted by the applicant: 1. Separate permits and applications may be required for fire alarm, fire sprinkler, smoke barrier and smoke partition construction as dictated by FBC Chapter 4, Section 436 (2004 FBC). Response: So noted. Cotleur & Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane . Suite 1 Jupiter, Florida * 33458 . Ph 561.747.6336 . Fax 561.747.1377 Lic.#LC-C000239 e Date: November 12, 2007 To: Jackie Holloman, City of Palm Beach Gardens Cc: Dr. Ray Underwood Hank Gonzalez Don Hearing From: Alessandria Kalfin, Planner Re: Borland Center, Petition CUMJ-07-08-000011 Daycare/Preschool at Palm Beach Community Church After reviewing the subject project DRC comments, we have the following responses: PLAN N I NG 1. An advertised and noticed public workshop meeting will be required at a Planning, Zoning, and Appeals Board meeting prior to the public hearing and recommendation to City Council. The applicant is required to send public notices via first class mail for both the workshop meeting and the public hearing to all property owners within 500 feet. Response: The applicant agrees to send public notice for both the workshop meeting and the public hearing to all property owners within 500 feet. 2. A certified list of property owners within 500 feet of the site shall be submitted to this office along with an affidavit stating the date the notices were mailed. Response: A certified list of property owners within 500 feet of the site has been included within this resubmittal. An affidavit stating the date the notices are mailed will be provided after the moil out is complete. 3. A CD of the applicant’s Powerpoint presentation and 18 sets of all reduced plans and attachments shall be submitted one week prior to the PZAB meetings. Response: A CD of the PowerPoint presentation and 18 sets of all reduced plans and attachments will be provided one week prior to the PZAB meeting. 4. A legal description of the entire site in Microsoft Word format is required via e-mail or disk. Ms. Jackie Hollornan Borland Center Preschool Request November 12,2007 Page 2 of 5 Response: The legal description for the entire site in word format has been included with this resubmittal. 5. Prior to scheduling for the first Planning, Zoning, and Appeals Board public workshop, please provide the following: 0 Traffic circulation plan indicating pick-up and drop-off areas; Response: A traffic circulation plan has been included within this resubmittal. Pick-up and drop-off areas have been indicated on the plan. Please explain if parents/guardians will park and escort students to and from the building. Response: It is difficult for the applicant to determine whether parents will find it necessary to escort students to and from the building. However, it is probable that parents will escort the students since they are in pre-school. 0 Indicate location of parking spaces to be utilized by the daycare/preschool; Response: The parking spaces to be used by the preschool have been indicated on the traffic circulation plan. Show stacking distance for cars waiting to drop off and pick up students; Response: The stacking distance for cars waiting to drop off or pick up students has been indicated on the traffic circulation plan. Verify that the traffic generated by the preschool/daycare will not interfere with the approved uses within Midtown. Response: Per the PBC traffic approval letter included herein, 3,557 SF of daycare/preschool can be accommodated within the Midtown development without interference with the other approved uses on site. 6. Please provide a time schedule of students’ arrivals and dismissals; i.e., the time the school opens and closes. Response: The preschool/daycare facility will open at 7 AM and will close at 6 PM. Most children will be dropped off at 7 AM and pick up at 6 PM. BUILDING 1. Insufficient information has been provided to accurately determine the applicability of the Florida code to this project and the suitability of the structure for the intended use. Please provide the following information: F.\Projecl Documenls\PALM BEACH COMMUNITY CHURCH\2007-07-Condilional Use\CORRESPONDENCE CUT\981205-CU-Ist response doc Ms. Jackie Hollornan Borland Center Preschool Request November 12,2007 Page 3 of 5 a. Intended hours of use of the day.care occupancy and the intended hours of services for the church (assembly) occupancy. Response: The preschool/daycare facility will be open from Monday to Friday from 7 AM to 6 PM. The largest assembly church service will be on Sunday in the morning. b. If the daycare is intended to be operated when the church is not holding services, additional information will be required. This information should include: i. ii. ... Ill. IV. V. vi. Complete floor plans for the areas intended to be utilized for the daycare occupancy including egress and life-safety plans with exiting strategies. Partition and barrier construction details (for smoke partitions and smoke barriers). Type and of construction within which the daycare occupancy is to be located. Type and area of the entire structure. Hazard protection methodologies utilized for: laundry, equipment, storage, janitorial, and maintenance areas. Fire alarm smoke detection, visual notification, and enunciation devices by compartment for every compartment utilized for the daycare occupancy. Folding doors if utilized as part of a flexible floor plan must be reflected on the plans provided. Response: kerns i - vi have been responded to by direct contact with the building official. A letter from the architect of record regarding their correspondence has been included within Chis resubmittal. General comments 1. Separate permits and applications may be required for fire alarm, fire sprinkler, smoke barrier and smoke partition construction as dictated by FBC Chapter 4, Section 436 (2004 FBC). Response: The applicant will continue to provide the building deportment with the required permits and applications. CITY FORESTER The parking area to the west has been modified from the previous approval and now exceeds the number of parking spaces without a landscape island. Please revise to meet code. Response: The site plan has been changed to decrease the number of parking spaces in the west row of parking. One parking space has been relocated to the very north row of the 0 same parking lot. F \Pro]ecl Docurnenls\PALM BEACH COMMUNITY CHURCH\2007-07_Condilionai UseKORRESPONDENCE OUTI981205-CU-lst response doc Ms. Jackie Holloman Borland Center Preschool Request November 12,2007 Page 4 of 5 0 The playground has been enlarged to the point that the previously approved handicap parking and landscaping has been eliminated. Please explain were the handicap parking was relocated to, and please revise the landscape plan to not eliminate landscaping, especially to screen the playground from the service area and streets. Response: The previously approved handicap parking has been relocated to the parking garage. The spaces are conveniently located to the east and north of the garage entry into the church. The applicant found this location to be more convenient for its disabled members. The landscape plan has been revised. All of the landscape that was on the approved plan has been relocated, not eliminated. The landscape can be found in the playground and south of the modified row of parking. 0 Response: A typical of the proposed fence has been provided on the site plan. Please provide a typical of the proposed fence. 0 I believe a gate leading out to the service area is a really bad idea (CEPTED). In fact, that side should have an eight-foot tall opaque barrier between the two non- compatible uses. Response: At your advisory, the gate leading out to the service area has been removed. However, the applicant cannot place an 8-foot opaque barrier between the playground and service area. Per Police comments, they have requested that all sides of the playground remain visible. Please note that the service area is for a church and will not be in tensely used. @ 0 Please provide all anticipated playground equipment at this time for review. Please understand that the City has recently worked with severai “Daycare” operators and sod, as proposed, is not the recommended groundcover around playground equipment. Response: The proposed playground equipment has been provided in plan view and a detail of the equipment has been provided on the site plan. The applicant has changed the note on the landscape plan to read “mulch” instead of sod. The mulch proposed is ”Sof’fall” Engineered Wood Fiber specifically createdfor playground areas. POLICE 0 Children’s play areas should be prominently located in relation to a public road. This close proximity provides reasonable level of activity or at least the opportunity for a car to drive by and observe what is happening. Response: The applicant has ensured that the playground is located on a major driveway within the project. Three of the four sides of the playground are visible from a drive. F \Projecl Documenls\PALM BEACH COMMUNITY CHURCH\2007_07-Cond1l1onal Use\CORRESPONDENCE OUT\981205-CU-lsI response doc Ms. Jackie Hollornan Borland Center Preschool Request November 12,2007 Page 5 of 5 0 The lack of natural surveillance is a common problem and can be avoided by using low planting around the playground. Response: The applicant has carefully chosen low-lying shrubs and high-growing canopy trees to allow visibility in the significant zone (3 to 6feet). a 0 A low transparent boundary fence should be erected around the playground with a single gated entry point. Seating and litter collection should be positioned close to the gate to control egress and observe access to the playground. Response: A boundary fence with high visibility has been used around the entire playground. One point of entry is provided into the playground from the church building. This access point will be used by anyone entering or exiting the playground. 0 Raised play areas on a platform define boundaries and aid in safety as access control is clear and defined. Response: The applicant does not have the ability to raise the elevation in the area of the playground. 0 Artificial lighting is undesirable in that it encourages inappropriate use. Playgrounds are not designed to be used after dark and could encourage unwanted users. Response: The city required lighting will be provided within proximity to the playground, However, the playground will be secured after dark and will not be accessible to the public. F.\Projecl Docurnenls\PALM BEACH COMMUNITY CHURCH\2007-07_Cond1l1onal Use\CORRESPONDENCE OUT\981205-CU-I SI response doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 :: 24 25 26 27 28 29 . 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a 46 Date Prepared: April 6,2004 RESOLUTION 92,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT (PUD) UTILIZING NON-RESIDENTIAL MIXED USE INTENSITIES AND MEASURES; APPROVING THE MASTER DEVELOPMENT PLAN FOR THE APPROXIMATELY 47-ACRE PROPERTY, KNOWN AS THE BORLAND CENTER I PALM BEACH COMMUNITY CHURCH (AKA PARCEL 6.OlA), LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF 64,533 SQUARE FEET FOR A CULTURAL CENTER AND CHURCH FACILITIES (500-SEAT SMALL THEATER I CHURCH FACILITY WITH ACCESSORY USES AND 300-SEAT BANQUET HALL), 64,025 SQUARE FEET FOR RETAIL I COMMERCIAL USE, 19,950 SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET FOR PROFESSIONAL OFFICE USE, AND 225 MULTI-FAMILY UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500- SEAT SMALL THEATER USE I CHURCH AND 300-SEAT BANQUET FACILITY ; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver from the residential component, thereby allowing a mixed use project to utilize non- residential mixed use intensity measures; and WHEREAS, the Growth Management Department has reviewed the proposed master site plan for consistency with the criteria established by the City’s Comprehensive Plan to determine the compatibility of the development with the surrounding future land use and/or existing development; and WHEREAS, the Growth Management Department has determined that said application, as proposed for development, meets two of the four criteria necessary for the waiver to allow non-residential mixed use intensities within a Mixed Use Planned Unit Development (PUD) project as required by the Comprehensive Plan; and .. . . . -. .- . . __ . . Date Prepared: July 15,2004 Resolution 92,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City received petition PUD-01-18 from Cotleur Hearing, agent for Palm Beach Community Church, for master development approval to allow the development of 64,533 square feet (500-seat small theater I church facility with accessory uses and a 300-seat banquet hall) for a cultural center and church facilities, 64,025 square feet for retail I commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi-family units, a Conditional Use (CU) for a 500-seat small theater and church and a 300-seat banquet facility, on an approximately 47-acre site located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein; and WHEREAS, the subject site has been zoned to Mixed Use Planned Unit Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and WHEREAS, the Master Development Plan was reviewed by the Planning and Zoning Commission at a public hearing conducted on February 24,2004; and WHEREAS, the 500-seat small theater I church and a 300-seat banquet facility have been reviewed as a Conditional Use (CU) and have met the conditional use criteria per Section 78-52 of the City’s Land Development Regulations; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff and WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: 1. The applicant has satisfied the criteria established in Section 78-1 57(9)(1) of the City’s Land Development Regulations and Policy 1.1.1.3 of the Land Use Element of the City’s Comprehensive Plan for the requested waiver. 2. The applicant has met the intent of the City’s Comprehensive Plan, and the proposed development is consistent with the Comprehensive Plan. 3. The applicant has demonstrated compliance with the conditional use criteria specific to the proposed conditional uses of the 500-seat small theater I church and a 300-seat banquet facility. 4. The proposed uses are not a detriment to the public safety and welfare within the City of Palm Beach Gardens. 5. The applicant has provided adequate screening and buffering in order to mitigate the impact of the proposed uses. 2 Date Prepared: July 15,2004 Resolution 92,2004 6. The proposed uses are in harmony with the general purpose and intent of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves a waiver pursuant to Section 78- 157, Code of Ordinances to waive the mandatory residential requirement. The non- residential waiver is specifically limited to the approved master site plan approved herein and its compatibility with the surrounding area based on the proposed intensities and densities of the development. Any amendments, revisions, and/or redesign of the project shall require a reevaluation of the criteria applied to the proposed amendments, revisions, and/or redesigning of the project. SECTION 3. The Master Development Plan application of Cotleur Hearing, agent for Palm Beach Community Church / Borland Center, is hereby APPROVED on the following described real property, to permit the following development: 0 64,533 square feet for a cultural center and church facilities (500-seat small theater I church facility with accessory uses and a 300-seat banquet hall) 0 64,025 square feet for retail / commercial use 0 19,950 square feet for restaurant use 0 10,900 square feet for professional office use and 225 multi-family units 0 a Conditional Use (CU) for a 500-seat small theater I church and 300-seat banquet facility on an approximately 47-acre site located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses for the PUD attached hereto as Exhibit “A“, and subject to the conditions of approval contained herein, which are in addition to the general requirements othewise provided by ordinance: LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER (SW X) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN RIGHT-OF-WAY LINE OF MILITARY TRAIL: LESS AND EXCEPTING THEREFROM 3 -. - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e 0 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: July 15,2004 Resolutlon 92,2004 PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER (SW %) OF SAID SECTION I, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A. IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS. LAND USElPLANNlNG 1. 2. 3. 4. Prior to issuance of the first building permit, the applicant shall comply with Section 78-262 of the City Code dealing with Art in Public Places. The applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy. (Planning 8, Zoning) Medical or Dental Office Use is not allowed unless the applicant submits a traffic equivalency analysis for review and approval by the City Engineer and Traffic Consultant. The applicant shall also be required to demonstrate compliance with parking requirements of the City Code. (Planning & Zoning) Prior to issuance of a clearing permit, the applicant shall coordinate an on-site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from any right-of-way, while remaining in compliance with CPTED principals incorporating view corridors for security purposes. (City Forester) Prior to issuance of a clearing permit, the applicant shall indicate on the site plan the location of a transit stop and shelter along PGA Boulevard or provide staff with verification that a transit stop is not required. If required by the Palm Beach County Transit Authority, the applicant shall provide an application for administrative approval to approve the location and detailed plans and elevations consistent with Council's past approvals of such shelters and shall be responsible for the construction of said shelter prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) 4 Date Prepared: July 15.2004 Resolution 92,2004 1 5. Within sixty (60) days of the effective date of this Resolution, the applicant shall submit a master signage program for the Planning, Zoning and Appeals Board and City Council review and approval. (Planning & Zoning) 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 6. Prior to the issuance of each occupational license or building permit for interior renovationsof tenant spaces, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease for approval by the Planning and Zoning Division. (Planning & Zoning) 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall dedicate the posted and viewed Shady Lakes Drive right-of-way to the City of Palm Beach Gardens. (Planning & Zoning) LANDSCAPE/BUFFERING 8. Within thirty (30) days of the effective date of this Resolution, the petitioner shall revise the master site plan to include an on-site preserve area or an on-site native plant restoration plan to provide on-site preservation area in an approximate location adjacent to Shady Lakes Drive or as acceptable to City staff. The applicant shall complete the planting of the approved area of upland native vegetation based on the restoration plan prior to issuance of the first Certificate of Occupancy. (City Forester) '2: 9. 25 26 27 28 29 30 10. 31 32 33 34 35 11. 36 37 38 I 39 12. 40 41 42 43 44 45 46 I ! Prior to issuance of the clearing (land alteration) permit or first building permit, the project subdivision plat shall be completed, approved by City Council, and recorded. The upland preserve area shall be free of any encumbrances, including, but not limited to, road rights-of-way, drainage easements, andlor utility easements and shall bear a conservation easement. (City Forester) Within ninety (90) days of the effective date of this approval, the applicant shall provide the City, for review and approval, an upland preserve management plan which details how the preserve will be createdlrestored and managed. (City Forester) Prior to the issuance of the first Certificate of Occupancy, the creationlrestoration of the upland preserve area shall be completed and approved by the City Forester. (City Forester) The applicant shall be required to provide pedestrian scale (maximum twelve-foot height) lighting along the pedestrian pathways along PGA Boulevard, Garden Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated lighting plan for the meandering pedestrian sidewalk within the parkway/preserve area shall be submitted within thirty (30) days of approval of the date of this Resolution. (Planning 81 Zoning) a 5 1 13. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 14. 17 18 19 20 21 15. 22 a 4: 25 26 27 16. 28 29 30 31 32 33 17. 34 35 36 37 38 I 41 42 43 44 45 46 a Date Prepared: July 15,2004 Resolution 92,2004 The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) and road shoulders of those sections of public rights-of-way adjacent andlor contiguous to the Borland Center for Community Enrichment Planned Unit Development (PUD), including: a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the applicant shall pay the City 50% of the total cost of maintenance of the median). b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the northern terminus of its property at the time of said approval. c. Garden Square Boulevard (west side) from PGA Boulevard to the northern terminus of its property. (City Forester) The petitioner, successors, and assigns shall be responsible for the maintenance and installation of the lighting, landscaping, hardscaping, and irrigation of the areas along the adjacent roadways as required by Condition No. 13 hereinabove. (City Forester) The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six (6) months of the issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. (City Forester) The applicant shall convert the existing on-site PGA Boulevard Parkway imgation and Shady Lakes Drive irrigation from reclaimed water to a private water source. In the event that the capacity for reclaimed water is available and able to service the subject site, the applicant may convert the systems back to utilize reclaimed water. (City Forester) In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Borland Center for Community Enrichment property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the applicant and the City of Palm Beach Gardens. (City Forester) 6 1 ENGINEERING~RANSPORTATION 2 3 18. 4 5 6 7 8 9 10 19. 11 12 13 14 15 16 17 18 20. 19 20 21 22 a f: 21- 25 26 27 22. 28 29 30 31 32 33 34 35 36 23. 37 38 39 40 41 Date Prepared: July 15,2004 Resolution 92,2004 Prior to construction plan approval, the applicant needs to identify existing and proposed handicap ramp locations on the construction plans. Handicap ramps shall be provided at all sidewalks that intersect curbing along handicap-accessible routes as required by ADA. The handicap ramps shall be labeled with the curb ramp number from FDOT Index #304, and the applicant shall provide a detail of each proposed curb ramp type. (City Engineer) Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the anniversary of the Development Order approval of each year. (City Engineer) 4 No construction or land alteration of any portion of the surface water management system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District. (City Engineer) The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System. (City Engineer) The construction, operation, andlor maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail, and PGA Boulevard during construction. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and manner acceptable to the City prior to additional construction activities. (City Engineer) All areas designated for maintenance of the Surface Water Management System shall be no less than 20-feet wide (minimum) with graded slopes no steeper than 8:l (horizonta1:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede, or otherwise limit the use of these areas for this intended purpose. (City Engineer) 42 TRAFFIC 43 44 24. The Build Out date is December 31 , 2004. (Planning & Zoning and City Engineer) 45 46 7 e 1 25. 2 3 4 5 26. 6 7 8 9 10 11 12 13 27. 14 1s 16 28. 17 18 19 20 21 22 29. 9: 25 26 27 28 30. 29 30 31 31. 32 33 34 35 36 37 38 39 40 32. 41 42 43 44 45 Date Prepared: July 15,2004 Resolution 92,2004 The applicant shall submit any/all requests for build out date extensions to the Palm Beach County Traffic Division and the City of Palm Beach Gardens for a coordinated review and approval. (City Engineer) Prior to any future amendments that increase the building area, the applicant shall submit an updated traffic analysis to the Palm Beach County Traffic Division and the City of Palm Beach Gardens for a coordinated review and approval. The analysis shall utilize actual traffic counts generated at the time of the amendment and during the peak season if the amendment is submitted off season. If requested by the City, the analysis shall include an updated traffic management plan. (City Engineer) Prior to any future amendments, the applicant shall permit the City access to the site in order to perform traffic counts. (City Engineer) Upon receipt of this development order and continuing through substantial completion of construction, the petitioner shall bi-annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning & Zoning and City Engineer) Prior to the issuance of the first building permit or within six (6) months from the effective date of this approval, whichever is earlier, the applicant shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway improvements, in a form acceptable to the County Engineer, for all non- assured construction. (City Engineer) The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer) The applicant shall signalize the intersection of Shady Lakes Drive and PGA Boulevard within twelve (12) months of the date of this development order. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. The signal shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation. (City Engineer) Commencing after the issuance of certificates of occupancy for 75% (1 54 dwelling units) of the residential units or 75% of the approved non-residential square footage in the project, whichever occurs first, the applicant shall perform and submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The methodology of the traffic analysis shall be determined by the City Engineer. The annual traffic analysis shall be conducted until such time as signals are warranted 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 33. 34. 35. Date Prepared: July 15,2004 Resolution 92,2004 at the above-described intersections or until two (2) years after issuance of certificates of occupancy for 90% of the total approved square footage (i.e., residential and non-residential) of the project. (City Engineer) The City shall reimburse the applicant for the cost of the signal and installation to the extent that the City collects pro-rata funds from other new developments having an impact on the intersections. (City Engineer) Prior to the issuance of the first building permit, the applicant shall post a bond or other surety acceptable to the City in an amount equal to 110% of the cost, as determined by the City Engineer, to install a traffic signal at the intersection of Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the signal is installed and accepted as required in Condition #32 hereinabove. (City Engineer) At such time as a signal warrant analysis demonstrates that a signal is needed at Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety acceptable to the City in an amount equal to 110% of the cost, as determined by the City Engineer, to install a traffic signal at that intersection. (City Engineer) MISCELLANEOUS_ 36. 37. 38. The proposed master site plan does not provide for outdoor dining areas that expand the service abilities of the restaurant uses. Requests for outdoor seating areas with service shall be reviewed as an application for administrative approval to the Growth Management Department and shall be required to include a traffic equivalency analysis showing the proposed expansion of the restaurant use for review and approval by the City Engineer and Traffic Consultant. The applicant shall also be required to demonstrate compliance with the parking and outdoor seating requirements of the City Code. (Planning & Zoning) Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance Officer) Prior to the issuance of the first building permit, excluding the clearing permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Atto rn e y ) 9 1 39. 2 3 4 5 6 40. 7 8 9 10 11 12 13 14 15 16 17 41. 18 19 20 21 22 '2: Date Prepared: July 15,2004 Resolution 92,2004 Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Oivision documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney) The petitioner shall preserve all required upland preserve set aside, no less than 4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances, including, but not limited to, road rights-of-way, drainage easements, andlor utility easements. Provided, however, that the petitioner may provide no more than 3.39 acres of the required upland mitigation off site, subject to approval by the City Council of a separate instrument and subject to conditions, including, but not limited to, the following: the location, ratio, and management. If off-site mitigation is provided, the petitioner shall be required to preservelrestore the 0.94-acre area east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004. (Planning & Zoning) In the event that off-site mitigation is provided through a conservation easement and the underlying property is conveyed to the South Florida Water Management District or other entity, the petitioner, successors, and assigns shall be responsible for paying the City $250,000 for money in lieu of off-site mitigation within ninety (90) days of the sale date. The petitioner shal\, prior to the issuance of the first building permit, post a bond or other surety acceptable to the City to secure this obligation. (Planning & Zoning) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 42. Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) 43. All lighting for parking lots, parking garages, and pedestrian walkways shall be metal halide. Metal halide lighting shall be used for the multi-use pathways, and sidewalks within the site shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian scale lighting. (Police Department) 44. Building lighting shall be installed around the entire building perimeter and on pedestrian walkways. No glare lighting shall be used. (Police Department) 45. Entry signage shall be lighted. (Police Department) 46. Timer clock or photocell lighting shall be provided for nighttime use above or near 41 42 43 47. Numerical addresses shall: 44 45 a. Be illuminated for nighttime visibility and be unobstructed. 46 entryways and all exits including emergency exits. (Police Department) 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 48. 49. 50. Date Prepared: July 15,2004 Resolution 92.2004 b. Have bidirectional visibility from the roadway. c. Be placed at the front and rear of each business. (Police Department) All structures shall use the following target hardening techniques: a. b. C. d. e. Buildings shall be pre-wired for an alarm system. Doors shall be equipped with metal plates over the threshold of the locking mechanism. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. Rear doors shall have 180degree peephole viewers. All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police Department) Exterior roll-up doors shall be target hardened. (Police Department) If the applicant proposes the installation of an ATM, security shall be achieved by using the following techniques: a. b. C. d. e. f. Visible from roadway(s). Not obscured by any landscaping or other fixed object that would prevent clear visibility. Install a slow speed video camera that is recording 24-hours a day. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) and/or potential suspect(s). Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) SECTlON4. The City Council of the City of Palm Section 78-344(1)(1), Minimum Dimensions, to allow for within the parking deck only and 9.5 feet for the area residential buildings. hereby approves the following seven (7) waivers: 1. 11 Beach Gardens, Florida 9 feet wide parking stalls on the north side of the Date Prepared: July 15,2004 Resolution 92,2004 1 2. 2 3 4 5 3. 6 7 8 4. 9 10 11 12 5. 13 14 15 6. 16 17 18 19 7. 20 21 22 Section 78-250(a)(3), Preserve area requirements, to allow for a reduction in the preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes Drive. Section 78-320(a)(4), Foundation Landscaping and Plantings, to allow for limited use of foundation plantings throughout the site. Section 78-364(a), Dimensions of Loading Spaces, to allow for only four reduced- width loading spaces to be used in accordance with the loading management plan provided by the applicant. Section 78-344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25- feet side travel aisles throughout the parking garage. Section 78-508(b), New Intersections, to allow for a reduced separation distance of 125 feet between the southem-most ingresslegress point of the site and Garden Square Shops driveway, Section 78-250(a), Preserve area requirements, to allow for off-site mitigation in lieu of on-site preserve area for 1.57 acres of the required set aside to a 3.39-acre site. 23 25 SECTION 5. This PUD approval shall be in compliance with the following plans 24 on file with the City's Growth Management Department: 26 I. 27 28 2. 29 30 3. 31 32 4. 33 34 5. 35 36 6. 37 39 1 40 8. 41 42 9. 43 44 10. 45 46 11. j 38 7. Cover Sheet, 04.20.04, Cotleur-Hearing, Sheet 1 of 11. Master Site Plan, 04.20.04, Cotleur-Hearing, Sheet 2 of 1 1. Land Use Plan, 04.20.04, Cotleur-Hearing, Sheet 3 of 11. Thoroughfare Plan, 04.20.04, Cotleur-Hearing, Sheet 4 of 1 1. Site Plan, 04.20.04, Cotleur-Hearing, Sheet 5 of 11. Site Plan, 04.20.04, Cotleur-Hearing, Sheet 6 of 11. Site Details, 04.20.04, Cotleur-Hearing, Sheet 7 of 11. Enlarge Hardscape Plan, 04.20.04, Cotleur-Hearing, Sheet 8 of 1 'l. Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 9 of 11. Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 10 of 11. Landscape Details, 04.20.04, Cotleur-Hearing, Sheet 11 of 11. 12 1 12. 2 3 13. 4 5. 6 14. 7 8 15. 9 10 16. 11 12 17. 13 14 15 18. 16 17 19. 18 19 20. 20 21 21. 22 23 22. ;: 23. 26 27 24. 29 25. 30 31 32 26. 33 34 35 27. 36 37 38 28. 39 40 41 29. 42 43 44 30. 45 1 46 28 Date Prepared: July 15,2004 Resolution 92,2004 Pedestrian Circulation Plan, 04.20.04, Cotleur-Hearing, Sheet 1 of 1. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5 Sheets. Retail Building IC’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C. Retail Building ID’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D. I I Retail Building ‘E’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E. Retail Kiosk ‘A’ i3 ‘L’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 AIL. Retail Building IF’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F. Retail Building ‘H’, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 H. Retail Building ‘J’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J. Retail Building ‘K’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K. Retail Building ‘M’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M. Retail Building IN’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N. Retail Building IO’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 0. Cabana /Garages I Pavillion, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 CGP. Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS- 1). Residential Building ‘Rl’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A2.01 Rl through A2.03 Rl & A3.01 I. Residential Building ‘R2’ Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A2.01 R2 through A2.03 R2 & A3.01 R2. Residential Building ‘R3’ Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A2.01 R3 through A2.03 R3 & A3.01 R3. Photometric Plans, 03.1 2.04, Brannon & Gillespie, EP-1 through EP-7 SECTION 6. This Resolution shall become effective immediately upon adoption. 13 Date Prepared: July 15,2004 Resolution 92,2004 PASSED AND ADOPTED this 5’‘ day of ~~3.r ,2004. 2 3 4 5 6 7 8 9 11 12 - 13 BY: 14 15 16 17 18 LEGAL SUFFICIENCY I 10 ATTEST: I APPROVED AS TO FORM AND 19 20 21 BY: 22 adstine P. Tatum, City Attorney 25 26 VOTE: 27 29 I 28 MAYOR JABLIN -- AYE NAY ABSENT J --- 30 VICE MAYOR RUSSO -- J 31 33 J 32 COUNCILMEMBER DELGADO --- 34 COUNCILMEMBER LEW 1 35 I 36 37 38 39 40 41 42 43 44 45 46 47 \\Obgsfle\AHomeybHomey_shars\RESOLUTIONSand center - reso 92 2004 14 - REVISED.doc 1:. %, - . I. c... . $ II The Bor/and Center for Community Enrichment W I3 D- 4IIM. I The Bor/and Center for Community Enrichment Pa/m Beach Garden, Hodda , . - 0 . . . . .. . ... .. . .. - b Q 8 CIl ? I 7he Bor/and Center .’- f I I I I I I .- e 8 ;P -T !I I I I L I , CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Meeting Date: July 8,2008 Date Prepared: June 4,2008 SubjectIAgenda Item: CPMA-08-04-000008 LARGE-SCALE LAND-USE AMENDMENT FOR THE LOXAHATCHEE SLOUGH NATURAL AREA Public Hearing & Recommendation to City Council: A joint City-County Map Amendment request to modify the Future Land Use Designation on several parcels within the area known as the Loxahatchee Slough and Sandhill Crane Natural Areas from a Designation of Commercial Recreation (CR) and Residential Very Low (RVL) to Conservation (CONS). The properties are owned by Palm Beach County and have a total acreage of 2,029 acres. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Planning Manager N/A Interim City Attorney Development Compliance Bahareh K. Wolfs, AICP Administrator Growth Approved by: City Manager Ronald M. Ferris Originating Dept.: Growth Management: Manager Advertised: Date: June 25, 2008 Paper: Palm Beach Post [ 3 Not Required Affected parties: [ X] Notified [ ] Not Required FINANCE: NA Costs: $ NA Total $ NA Current FY Funding Source: [ 3 Operating [XI Other-NA Budget Acct.#: NA LPA Commission Action: Approved App. wl conditions Denied Rec. approval Rec. app. wl conds. Rec. Denial [ 3 Continued to: Attachments: 0 Location Map [ ]None Date Prepared: June 3,2008 Page 2 of 6 CPM A-08-04-000008 BACKGROUND: The subject properties are located in various areas throughout western Palm Beach Gardens, in the general vicinity of the existing Loxahatchee Natural Slough more specifically illustrated on the attached location map. The properties are owned by Palm Beach County (“County”), and were acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and Sandhill Crane Natural Areas. Although the subject areas have existing conservation easements in place to protect their natural environment, the Land Use (LU) Designations of Commercial Recreation, Industrial, and Residential Very Low are not appropriate since the nature and character of these properties now functions exclusively for Conservation purposes. The proposed large-scale land use amendment will provide the appropriate LU Designation of Conservation (CONS) to the subject properties. It will provide an additional layer of protection for the properties to remain protected in perpetuity. The Loxahatchee Slough Natural Area is the largest and most diverse of the sites acquired as natural areas by Palm Beach County. It extends for up to seven miles north and south of the intersection of the Bee Line Highway and PGA Boulevard. The Loxahatchee Slough is a wide, shallow channel of water that flows approximately 250 days per year. It provides a deep drainage-way through historical strand swamp and peat soil swale systems. The Slough is a regionally significant wetland and the historic headwaters of the Loxahatchee National Wild and Scenic River. It is a mosaic of high-quality freshwater wetlands such as cypress swamps, marshes, and wet prairies, interspersed with pine flatwoods and hammocks. The County purchased 10,389 acres of the Slough from the John D. and Catherine T. MacArthur Foundation in October 1996. The Loxahatchee Slough is managed as part of a countywide system of natural areas, protected to maintain the diversity of biological communities and species in Palm Beach County. This area is open to the public for environmental education, scientific research, and passive recreation activities, such as nature walks, bird watching, and photography, which are all permitted uses with the proposed Conservation (CONS) Land Use Designation. The County recently completed the Loxahatchee Slough Restoration Project which involved the removal of exotic vegetation, ditch filling and the restoration of hydraulic conditions. The Sandhill Crane property was purchased by the South Florida Water Management District (“District”) in 1999 from the MacArthur Foundation with the intention of giving the land management to the County so that it could be managed as part of the Loxahatchee Slough Natural Area. The Sandhill Crane property was donated to the County from the District in November 2007 for conservation purposes in exchange for a Deed of Conservation Easement of the Loxahatchee Slough Natural Area to provide an additional layer of protection to the conservation lands. The County manages the habitat and species of the Sandhill Crane property while the District retains its responsibilities to manage the water flowing through the C-18 canal. The subject sites consist of several different parcels, which total approximately 2,029 acres. The proposed Land Use Designation will help preserve the existing native resource and native vegetation on the sites and provide an additional layer of protection to these environmentally sensitive lands. Date Prepared: June 3,2008 Page 3 of 6 CPM A-08-04-000008 LAND USE COMPATIBILITY WITH SURROUNDING AREA: The subject areas are outside urban service boundary and function as part of the Loxahatchee Slough and Sandhill Crane Natural Areas. All three areas are immediately contiguous to adjacent eco-corridors or natural areas. The subject sites have been broken into three (3) parcel areas for the purposes of this report. Parcel '1' is located south of Jupiter Farms along the northern 1/3 of the County's Loxahatchee Slough Natural Area; Parcel '2' is located north of the Beeline Highway, approximately 1 mile NE of PGA Boulevard; and Parcel '3' is located north of Northlake Boulevard, approximately 3 miles west of the Bee Line Highway. See location map and Table 1 that corresponds to these location numbers. i Sandhill Slough (CONS) Highway & (CONS) (Residential I 1 Cranesite Sweetbay Low) 2 Preserve i ___ (CONS) ! x1 __- 2 Jupiter Farms Loxahatchee Loxahatchee Jupiter Farms (Rural Slough SlougWJupiter Farms (Rural Residential) (CONS ) (CONS/Rural Residential) I I_ Residential) .11 Loxahatchee Northlake Loxahatchee Slough Carlton Oaks Loxahatchee Slough (CONS) Boulevard (CONS) (Residential ; " 1---"1 -x----_ ~~_ I "- -" 1-1 " "I i Slough Low) 8 Natural - I_ Area __x -- I ~ _- CONSISTENCY WITH COMPREHENSIVE PLAN: The Conservation Designation applies to areas identified as environmentally sensitive or environmentally significant which have been set aside as protected preserves. Limited development, such as passive recreation or ecotourism is permitted within this category. The intent of the designation is to ensure that areas designated CONS are preserved or developed in a manner that is responsive to on-site environmental constraints. The proposed amendments further the Goals, Objectives and Policies of the Conservation Element, and also furthers the GOPs in the Intergovernmental Co-ordination Element. The proposed land-use amendment is consistent with the Goals, Objectives, and Policies of the City's adopted Comprehensive Plan: GOAL 6.1.: The natural resource of the City of Palm Beach Gardens shall be preserved or managed in a manner which maximizes their protection, functions, and values. Policy 6.1.2.8.: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring 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 approval process. 0 Date Prepared: June 3,2008 Page 4 of 6 CPM A-08-04-000008 Policy 6.1.5.3 (a).: The City shall continue to cooperate with SFMWD and Palm Beach County through the exchange of technical information and information coordination in order to make a concerting effort to protect and conserve unique vegetation 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 6.1.5.4.: The City shall maintain land development regulations containing specific standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: a. b. c. d. A habitat of critical value to regional populations of threatened and endangered species; A rare and unique upland community such as coastal scrub; Functioning and jurisdictional wetlands and deepwater habitats; Any part of the Loxahatchee Slough Sanctuary; (emphasis added) (e through r omitted for brevity) Goal 8.1 .: Establish effective coordination measures among all pertinent public and quasi-public entities so to best maintain Palm Beach Gardens' quality of life and efficient use of resources. Native habitats other than those listed above may also be designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern. 0 MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND-USE DESIGNATION: The maximum development potential allowed under the existing land-use designation is further described in the following tables: POTENTIAL IMPACTS UNDER EXISTING LAND-USE '1' ;andhill Crane Site (Commercial Recreation 1,466 . acres) "~ '2' Loxahatchee Slough Natural Area 40% lot f 25,546,175 SF 584,496 coverage/45 f ft. (one story i assumed) ! Date Prepared: June 3,2008 Page 5 of 6 CPM A-08-04-000008 ~ 15,504 MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential that is allowed under the proposed land-use designation of Conservation is outlined in the table below. The analysis is based on the total acreage of the site, which is 2,029 acres. i Sandhill Crane 1 t I I 4 SF DU -4- - --43 i Slough I i Loxahatchee 1 Slough % Natural Area i Loxahatchee i Natura -- I 1 - - ---- - -? l"Td-20 w- '3' I I f !- I -x ~ __-I". - -_^ NET IMPACT I j Sandhill Crane j I I I i ~ x_ 1 - I -x '2' 4,779 -- I- 1 4,540 Site i Loxahatchee I I Slough ' Natural Area 1 Slough i ! XXIIXX Natural -- Area x _I^_ -- " $ - 1 I Date Prepared: June 3,2008 Page 6 of 6 CPM A-08-04-000008 The trip generation analysis reflects that there will be a net DECREASE of 603,764 external trips. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. STAFF COMMENTS: The proposed land-use map designation of Conservation is compatible with the surrounding land-uses of adjacent properties and with the City’s Vision Plan. Since the County and the District acquired these properties for Conservation purposes, it is only appropriate that the Future Land Use Designation for these areas be Conservation. The Land Use designation will provide an additional layer of protection for these natural areas. STAFF RECOMMENDATION: Staff recommends approval of the proposed land-use amendment petition CPMA-08-04- 000008. Date Prepared: June 13, 2008 1 e, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE 12, AN ORDINANCE OF THE CITY COU BEACH GARDENS, FLORIDA, A AMENDMENT TO ITS COMPREHEN ACCORDANCE WITH THE MANDA 163, FLORIDA STATUTES, SPEC1 SEQ., FLORIDA STATUTES, P AN AMENDMENT TO THE CI DESIGNATING FOURTEEN (14) COMPRISING APPROXIMATEL (2,0292) ACRES, MORE 0 CONSERVATION”; SUCH PARCELS NORTH OF BEELINE HI APP Ll CAT1 ON NO. CPMA-08-04- INFORMALLY KNOWN AS THE “LO SANDHILL CRANE NATURAL A COMPLIANCE WITH ALL REQUIRE FLORIDA STATUTES; PROVIDING A FOR OTHER PURPOSES. specifically describ ch County and the Cit nd Use Designatio he City recognizes that provi S, on July 8, 2008, the Planning, 2 the duly constituted Local Planning Agency for the Future Land Use Map of the Comprehensive Plan o WHEREAS, the City Council finds that the s the City’s Comprehensive Plan; and SLOUGH AND OVlDlNG FOR CHAPTER 163, TS CLAUSE AND A TlVE DATE; AND etitioned to consider a large-scale of the City of Palm Beach Gardens )rated herein; and ?r of the subject properties as more I of Palm Beach Gardens have filed 1 of certain parcels as described in ling these lands with a Land Use ial layer of protection to the existing le City; and sning, and Appeals Board, sitting as iity, recommended approval of a the ’the City; and Abject amendment is consistent with Date Prepared: June 13, 2008 Ordinance 12,2008 1 WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council i Section 163.31 81 , Florida Statutes; and WHEREAS, the City Council h the best interest of the citizens and re NOW, THEREFORE, BE IT ORDAINED BY OUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby a SECTlON2. The Future Land Map is hereby amended, as set fo incorporated herein. SECTION 3. The ent Administrator is hereby directed to 26 transmit the pro Amendment to the Department of 27 Community Affairs of other appropriate public agencies, and 28 upon adoption of thi d to ensure that this Ordinance and all 29 other necessary do d to the Florida Department of Community Affairs 30 and other agencies ction 163.31 84(3), Florida Statutes. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 date of this plan amendment shall be the date a final t of Community Affairs or Administration Commission ent in compliance in accordance with Section 163.31 84(l)(b), licable. If a final order of noncompliance is issued by is amendment may nevertheless be made effective lution affirming its effective status, a copy of which resolution shall ida Department of Community Affairs, Division of Community rocessing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. 2 Date Prepared: June 13,2008 Ordinance 12.2008 1 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED this day of , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember ATTEST: 3 ORB 11728 Pg 1418 3 LEGAL DESCRIPTION JLOXAHATCEIEE SLOUGH PARCELS) PARCEL 18.A05 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICZPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE EAST 1500.00 FEET OF SECTION 21, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE PAGE 628, AND ALSO LESS THAT PORTION THEREOF CONVEYED TO SOUTH INDIAN RIVER WATER CONTROL DISTRICT BY THE WARRANTY DEED RECORDED IN OFFICIAL, RECORDS BOOK 4253, PAGE 1029, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RIGHT-OF-WAY OF DONALD ROSS ROAD, AS WCORDED M DEED BOOK 1031, PARCELS 18.A14 AND 18.A20 A PARCEL OF LAND LYING IN SECTIONS 23 & 24, TOWNSHIP 41 SOUTH, RANGE 41 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE WEST 400.00 FEET OF SECTION 23, TOWNSHIP 41 SOUTH, RANGE 41 EAST. TOGETHER WITH THE NORTH 400.00 FEET OF SECTION 24, TOWNSHIP 41 SOUTH, STATE ROAD 7. RANGE 41 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF PARCEL 18.A22 A PARCEL OF LAND LYING IN SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLOFUDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: c THE NORTH 400.00 FEET OF SAID SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, STATE ROAD 7, AS RECORDED IN DEED BOOK 943, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORJDA. RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF #713058 v2 - 5566-106 Legal Desc - Loxahatchee Slough Parcels I i I -. . ORB 11728 Pg 1411 DOROTHY H. WILKEN, MERK PB COUNTY, FL EXHIBIT “B” Loxahatchee Slowh 1. 2. 3. 4. 5. 6. 7. 8. Matters contained in the Notice of Lien Rights filed by Loxahatchee River Environmental Control District recorded in Official Records Book 4984, page 1254, as amended in Official Records Book 7048, page 655 and Official Records Book 7187, page 1712. (Parcels 18A.05 and.18A.22) State road right of way reservation contained in the deed from the Trustees of the Internal Improvement Fund recorded in Deed Book 649, page 80. (Parcels 18A and 1 SA.20) Oil, gas and mineral rights not conveyed, and therefore reserved, in the deed from Panama Carbon Company recorded in Deed Book 1159, page 608 without the right of entry. (Parcels 18A.14 and 18A.20) Canal, reclamation and oil, gas and mineral reservations contained in the deeds from the Trustees of the Internal Improvement Fund recorded in Deed Book 325, page 535, Deed Book 763, page 352 and Deed Book 316, page 458. (Parcel 18A.22) Canal, reclamation and oil, gas and mineral reservations contained in the deed from Everglades Drainage District recorded in Deed Book 790, page 381. The canal and reclamation reservations were partially released by the instruments recorded in Official Records Book 1730, page 643 and Official Records Book 1744, page 885. (Parcel 18A.22) The right of way of the C-18 Canal, granted to Central and Southern Florida Flood Control District by the instrument recorded in Deed Book 1059, page 521. (Parcel 18A.22) Terms and provisions of the Forbearance Agreement between Communities Finance Company, the City of Palm Beach Gardens, and parties identified therein as the “Successor Group”, a Memorandum of which was recorded in Official Records Book 1 107 1, page 12 13 and Official Records Book 1 1092, page 683. (Parcels ISA.O5,18A. 14, 18A.20 and 18A.22) Terms, covenants, conditions and set forth in the Declaration of Covenants and Restrictions recorded in Official Records Book 11480, page 1897, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant(s): (a) is exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. (Parcels 18A.05, 18A. 14, 18A.20 and 18A.22). $ #708893 v2 - 5566-106 Loxahatchee Slough Property - I hereby certify that the foregoing is a true copy of the record in my office this day, Mar 25, 2008. Im Beach County, Florida Deputy Clerk ORB 11774 Pg 156~5 W)ROfHY H. WIMN, CLERK PB Mwy, R € I hereby certify that the foregoing is a true copy of the record in my office this day, Mar 25, 2008. Sharon R. Boc Clerk Circuit C urt, Palm Beach County, Florida - Deputy Clerk EXIIIBI’I’ ”A” (PARCEL Itlh.O(r - DONATElY PAKCEL) . -- ORB 11774 Pg 1572 WROTHY He MILKEN, RERK PP COUHIY, Ft. -....-- ESlfInlT ”R” (I~IIJ;I tcd Property) 4. I’ascmcnt grantcd to Illorida I’owcr (y: Light Cornipnr.): rccordcd iir Uffcial ;<cccr:ls Ihak ;OUR. png 8 1. Exhibit “AH LEGAL DESCRIPTION The Premises Tract No. DA-10~5 (P.K.A. DA-100-016) A parcel of land located in Sections 26,27,34 and 35, Township 41 South, Range 41 East, and Section 2, Township 42 South, Range 41 East, Palm Beach County, Florida, and being more particularly desgibed as follows: ’ Beginning at the quark section wker located in the North line ofsaid Section 26, theake North 89’03’23’’ East along the North line of the Northeast quarter of said Section 26 and the South line of that certain parcel of land demi in Official Records Book 9480, Page 589, Public Records of Palm Beach County, Florida, a distance of 2,009.58 feet; (The North line of the Noaheast quarter of said Section 26 bears North 89O03’23” East and all other bearings are relative thereto); thence South 07O07’39” West, a distance of 310.28 fed; thence South 04°03’257’ West, along the West line of said pml, a diaance of 5,017.61 feet; thence south OOO43’22” West, continuing along said West line, a distance of 5,206.50 feet to a point 1,000.00 feet Northerly of and parallel with as measured a! right angles to a point on the Northerly right of way line of Beeline Highway (State Road 710) a show on State Road Departmeat Right of Way Map Section No. 9331-101; thence South 53O39’34” East, parallel with said Nderly right of way line, a distance of 266.67 feet to a point on the Westerly line of that certain parcel of land as described in 0fficial.Records Book 10993, Page 1817, Public Records of Palm Beach County, Floridq thence South 36O22’07” West, along said Westerly line, a distance of 1,000.00 feet to a point on said Northerly right of way line; thence North 53O39’34” West, dong said Northary right of way line, a distance of 8063.90 feet, thence North Ol”20’46” East, departing said Northerly right of way he, a distance of 1263.92 feet; thence Noah 05O47’33” East, a distance of 2,720.96 feet; thence North 06°01’00” East, a distance of 68.73 feet; thence North 05O47’26“ East, a distance of 2,296.57 feet; thence North 89’52’52” East, a distance of 2,142.48 feet; thence North 8P06’22” East, a distance of 390.61 feet; thence North Ol”10’46” East, a distance of 300.20 feet to a point on the North line of said Section 26; thence North 89’04’38” East, along said North line, a distanr;c; of 2,241.43 feet to the POINT OF BEGINNING of the herein described . ‘ parccl. AND A parcel of land lying over a portion of Sections 26,27 and 34, Township 41 South, Range 41 East, within the municipal limits of the City of Palm Beach Gardens, Florida, and being more particularly described as follows: Beginning at the intersection of the Northaly Right-of-way line of the Beeline Highway (State Road 710) as shown on State Road Department Right-of-way Map Section No. 9331-101 and the West line of the Northtast quarter of said Section 34; thence South 53’39’23’’ East, along the North Right-of-way line of Beeline Highway (State Road 710), ‘a distance of 366.22 feet; thence North 01°20’46” East departing said Northerly Right-of-way line, a distance of 1,263.92 feet; thence North Pano G nf In 05'47'33" East, a distance of 2,720.96 feet; thence North 06"Ol'OO" East., a distance of 68.73 feet; Ihnce'North 05'47'26" East, 8 distance of 2,296.57 feet; thence North 89O52'52" East, a distame of 2,142.48 feet; thence North 89'06'22" East, a distance of 390.61 feet; thence North Olo10'46" East, a distance of 300.20 feet to a pomt on the North line of Said Section 26; thence South 89O04'38" West, along said North he, a distsmce of 399.44 feet to the Northwest comer of Section 26 (the North line of the Northwest quarter of said Section 26 bears North 89'04'38'' East and all bearings are relative thereto); thence South 89'52'52" West, dong the North line of said Section 27, a distance of 2,411.01 feet to the Noah quarter comer- of said Section 27; thence South 05""'26'' West, along the North-Soutli quarter Section line of said Section 27, a distance of 5,368.16 feet to the North quarter wrner of said Section 34; thence South 01020'46" West, along the North-South quarter Section line of said Section 34, a distance of 1,064.29 feet to the POINT OF BEGINNING. LXSS AND EXCEPT the following descrii parcel; A Parcel of land lying within Section 35, Towaship 41 South, Range 41 East, Palm Beach County, Florida, more particularly descn'bed as follows: COMMENCING at the Qllaaa Section Corner located in the South line of said Section 35, thence run along the South line of said Section 35, Narth 89'45'40" East, a distance of 259.40 feet to a pobt on the North Right of Way line of State Road No. 710 (Beeline HWy) (Bearings are based on the South line of the Southeast quarter of said Section 35 being North 89O45'40'' East as down on &e attached sketch by Battaglia Land Surveyors, Inc. titIed ''Fhida Fish BE WddIXe Conservation Commission Field Operations Center" dated 04/06/00.); thence North 53O39'49" West along said Right of Way, a distance of 1,878.39 feet; thence North 31'55'04" East, a distance of 416.46 feet; thence North 46OO9'26'' East, a distance of 253.99 feet; thence North 56'20'11" East, a distance of 27.63 feet; thence North 33039'49" West, a distance of 25.00 f& to a point, said point also being THE POINT OF BEGINNING. Thence nm North 53"39'49'' West along a line parallel to and 700 feet North of at right angles to the Right of Way line of said State Road No. 710 (Beeline Highway), a distance of 396.50 feet; thence North 56'20'11" East, a distance of 350.00 feet; thence. South 53O39'49" East, a distance of 396.50 feet; thence South 56O20'11" West, a distance of 350.00 feet to the POINT OF BEGINNING of the herein desmid pmeL (Less out acreage: Contajning 2.99 acres, more or less) Total parcel Ccmtaining 1,485.27 acres, more or less. .. + Note: A portfort of thir legal desmmn is baed on a boundmysweyptepmed by 980225) dated March 9,2000. Inc (Projed der LEGAL DESCRIPTION ~u~uox\loo-o25.lgL& 52414134000002030; 52414135000001010; 52414202000001010 1 August 21,2007 Folio's P10 52414126000001020; PI0 Sk4127000001020 September 27,2006 Rer. April 10,2007 Rsv. August2l,2007 Rev: Septtmber 24,2007 C.G. JhhiIit crgn ‘ The Easement Parcel Tract No. CN-100415 The South 115 fret of the North 335 feet of the West 1 10 foet of the East y of Section 27, Township 41 South, Range 41 East, being a part of the Right of Way for South Florida Water Management District’s C-18 Canal, as described in Deed Book 1056, Page 456, of the Public Records of Palm Beach County, Florida. TOGETHER WITH Tht North 220 feet of following described parcel of land, lying in Sections 26 & 27, Township 41 South, Range 41 East, in Palm Beach County, Florida, being a part of the Right of Way for South Florida Water Management District’s C-18 Canal, as described in Deed Book 1056, Page 456, and as described in Deed Book 1163, Page 263, of the Public RecoTds of Palm Beach County, Florida; said described parcel of land, beii more particularly described as hllm: Beginning at the quarter section comer located in the North line of said Section 26, thence North 89’03’23’’ East along the North line of the Northeast qukter of said Section 26 and the South line of that certain parcel of land descrikd in Oi3icial Records Book 9480, Page 589, Public Records of Palm Beach County, Florida, a distance of 2,009.58 feet; (The Noah line of the Northeast quarter of said Section 26 bears North 89OO3’23’’ East and all other bearings me relative thereh); thence South 07O07’39” West, a distance of 310.28 feet; thence South 04°03’25” West, along the West line of said parcel, a distance of 5,017.61 feet; thence South OOO43’22” West, continuing along said West line, a distance of 5,206.50 feet to a point 1,000.00 feet Northerly of and parallel with as measure? at right angles to a point on the Northerly right of way line of Beeline Highway (State Road 710) as shown 011 State Road Department Right of Way Map Section No. 9331-101; thence South 53O39’34” East, parallel with said Northerly right of way line, a distance of 266.67 feet to a point on the Westerly line of that certain parcel of land as described in Official Records Book 10993, Page 1817, Public Records of Palm Beach County, Florida; thence South 3692’07” West, along said Westerly line, a distance of 1,000.00 feet to a point on said Northerly right of way line; thence North 53’39’34‘’ West., along said Northerly right of way line, a distance of 8063.90 feet, thence porta Ol”20’46’’ East, departing said Northerly right of way line, a distance of 1263.92 feet; thence North 05O47’33” East, a distance of 2,720.96 fmc thence North 06°01’00” East, a distance of 68.73 feet; thence North 05’47’26’’ East, a distance of 2,296.51 feet; theue dorth 89O52’52” East, a distance of 2,142.48 feet; thence North 89O06’22” East, a distance of 390.61 feet;-thence North 0l01O’46’’ East, a distance of 300.20 feet to a point on the North line of I1 I I Book2231 7/Paae561 Paae 9 of 10 said Section 26; thence North 89’04’38” East, along said North line, a distence of 2,241.43 feet to the POINT OF BEGMNINQ of the herein described parcel. AND A parcel of land lying over a portion of Sections 26,27 and 34, Township 41 South, Range 41 East, within the municipal limits ofthe City of Palm Beach Gardens, Florida, and being more particularly described as follows: Beginning at the intersection of the Northerly Right-of-way lie of the Beeline Highway (State Road 710) as shown on State Road Department Right-of-way Map Section No. 9331-101 and the West line of the Northeast quarkr of said Sectian 34; thence South 53’39’23” East, along the North Right-of-Way line of Beeline Highway (State Road 710), a distance of 366.22 feet; thmce North 01020’46” East departing said Northerly Right-of-way line, a distance of 1263.92 feet; thence North 05O47’33” East, a distance of 2,720.96 feet; thence North 06°01’OO” East, a distance of 68.73 fa thence North 05O47’26” East, a distance of 2,296.57 W, hce North 89’52’52’’ East, a distmce of 2,142.48 fat; theme North 89O06’22“ East, a distcmce of 390.61 feet; thence North 01°10’46” East, a distance of300.20 ht to a point on the North line of said Section 26; thence South 8Y04’38” West, along said North line, a distance of 399.44 feet to the Northwest comer of Section 26 (the North lie of the Northwest quarter of said Section 26 bears North 89”04‘38” East and all other bearings are relative thereto); thence South 8Y52’52” West, along the North lint of said Section 27, a distance of 2,411.01 feet to the North quarter corner of said Section 27; thence South 05O47’26” West, along the North-South quarter Section line of said Section 27, a distance of 5,368.16 feet to the North quarter corner of said Section 34; thence South 01’20’46” West, along the Northsouth quarter Section line of said Section 34, a distance of 1,064.29 fect to the POINT OF BEGDINING. Containing 39.57 acres, more or less. GIIEPWMD Jasuary 3,2007 Rev. April 10,2007 * RGv: August21, 2007 Rev: September 24,2007 R~~bl8\\l00-015.lgl 231 7, LEGAL DESCRIPTION 24-Sep-07 Date C.G. ‘Page562 Page 10 of IO I hereby certify that the foregoing is a true copy of the record in my office this day, Mar 25, 2008. BY , - Deputy Clerk Beach County, / Florida I CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Meeting Date: July 8,2008 Date Prepared: June 12,2008 Sub j ect/Agenda It em: CPMA-08-06-000010 SMALL SCALE LAND-USE AMENDMENT FOR THE NORTHLAKE CONGRESS COMMERCIAL CENTER Public Hearing & Recommendation to City Council: A City initiated request to modify the Future Land Use Designation on a portion of the Northlake Congress Commercial Center from a Designation of Residential Medium (RM) to Commercial (C). The property is approximately 1.37 acres and owned by Northlake Venture L.C. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Planning Manager N/A Interim City Attorney Development Compliance Bahareh K. Wolfs, AICP Administrator Growth Approved by: City Manager Ronald M. Ferris Originating Dept.: Growth Management: Project Manager Natalie Wbng, AICP Advertised: Date: June 25, 2008 Paper: Palm Beach Post [ ] Not Required Affected parties: [ XI Notified [ ] Not Required FINANCE: NA Costs: $ NA Total $ NA Current FY Funding Source: [ 3 Operating [XI Other-NA Budget Acct.#: NA LPA Commission Action: [ ]Approved [ ] App. w/ conditions [ 3 Denied [ ] Rec. approval [ 3 Rec. app. wl conds. [ 3 Rec. Denial [ ] Continued to: Attachments: 0 Location Map 0 Letter from Property owner [ ]None Date Prepared: June 12,2008 Page 2 of 5 CPMA-08-06-000010 Acreage North Florida State Statue Chapter 163.3 187 (l)(c) provides for small-scale Comprehensive Plan amendments directly related to small scale development activities meeting certain criteria that indicate that they are less intensive in nature. The Growth Management Department is processing the subject small-scale amendment as a City-initiated petition to “clean-up” the City’s Land Use Map. South East West The subject petition is a request to modify the Land Use designation of a 1.37 acre parcel with a current Land Use designation of Residential Medium to Commercial. The site is currently part of the Northlake Congress Commercial Center, a 3.67 acre commercial plaza located on the north side of Northlake Boulevard approximately one mile east of 1-95 at the intersection of Northlake Boulevard and Congress Avenue. 1.37 The site plan was approved in 1998 via Resolution 117, 1998, and included 16,815 square feet of commercial uses including a retailldrug store and drive through restaurant. The residential parcel was included as part of this approval, and currently provides parking, access, loading, and dry detention for the Commercial Center. Vacant Walgreen, Pollo Dry Cleaning Facility Applebees (Residential Tropical/Target (Commercial) (Commercial) Medium) (Commercial) The Commercial Center totals approximately 3.67 acres, and is divided into three (3) separate parcels. The drugstore parcel is approximately 0.85 acres with an existing 13,905 sq. ft. Walgreens Pharmacy. The parcel fronting along Northlake Boulevard on the east side is approximately 0.85 acres and is currently leased by Pollo Tropical. 0 The present Comprehensive Plan designation for this property forces an unnatural division of a property under two different land use designations and zoning districts that is currently under ownership by one entity, and was approved and platted as one project. The proposed Land Use Amendment will help bring the existing conditions into conformity. Following the Land Use approval process rezoning application will be processed to help bring the current Residential Medium (RM) zoning into compliance. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The proposed land use change is consistent with the surrounding land uses. The parcel is located along a major commercial corridor and is adjacent to existing to commercial uses to the south, east and west. Table 1 : Surrounding Land Uses. I parcel Northlake Congress Plaza - Commercial/ Residential Date Prepared: June 12,2008 Page 3 of5 CPMA-08-06-000010 COMPATIBILITY WITH THE VISION PLAN: The City’s Vision Plan serves as a land-use guide for all land-use designation changes in the City. The Vision Plan designates the subject site as Commercial. The requested land-use change to Commercial is compatible with the Vision Plan designation. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed amendment is consistent with Chapter 163, Florida Statutes, the State Comprehensive Plan (Le. Rule 9J-5, F.A.C, Rule 9J-11 F.A.C and the City of Palm Beach Gardens Comprehensive Plan and Code of Ordinances. The present Comprehensive Plan designation for this property forces an irregular separation of a property under two (2) different land use designations and zoning districts that is currently under ownership of one entity. The proposed amendment will unify the land use of the property. Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations. made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These lepal nonconforming uses will not be allowed to expand, will not be allowed to be moved or relocated, will not be allowed to be reestablished if ceased for six (6) consecutive month period or eighteen (18) month months with a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined s 0 lots, structures, and uses of land and structures that were lawful before the adoption or amendment or a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multi- family residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land-use is not exceeded and conformity with the current Land Development Regulations will be required. (emphasis added) Policy 1.1.6.1.: Development order and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Objective 1.1.7. : The City shall maintain land development regulations containing standards and provisions which encourage the elimination or reduction or uses inconsistent with the City’s character and future land uses. Policy 1.1.7.1.: Expansion or replacement or land uses which are incompatible with the Future Land Use Plan shall be prohibited. Date Prepared: June 12,2008 Page 4 of 5 CPMA-08-06-000010 Parcel Northlake Congress Plaza - Commercial/ Residential Medium LEVELS OF SERVICE: Max. Total Trips Densi tyhn tensi ty 33,084 SF/10 DU 1,913 daily trips Traffic: Northlake Residential Medium land use with a zoning of Residential Medium allows up to 7 units per acres. The maximum development potential allowed under the existing land-use designation is summarized by the table below. Densityhtensity Trips 54,123 SF 2,525 Parcel Northlake Congress Plaza - Commercial/ Residential Medium Residential Medium land use with a zoning of Residential Medium allows up to 7 units per acres. The maximum development potential that is allowed under the proposed land-use designation of Commercial is outlined in the table below. External Trips External Net Change under current Trips under 1,913 2,525 612 proposed I Parcel I Max. I Total Congress Plaza - Commercial/ Residential Medium daily trips NET IMPACT The trip generation analysis reflects that there will be a net INCREASE of 682 external trips. This potential net increase if the site were to be redeveloped to the maximum density would be less than one percent (0.7%) of the roadway capacity. Accordingly, the number of trips is considered Insignificant or De-Minimis. ~- ~~ ~ ~ Date Prepared: June 12,2008 Page 5 of 5 CPMA-08-06-000010 Sanitary Sewer: The site is currently served by Seacoast Utility Authority. No improvements or expansions to the potable waste system are needed by this land use change. Potable Water: The site is currently served by Seacoast Utility Authority. No improvements or expansions to the potable water system are needed by this land use change. Drainage: The site currently has legal positive outfall and currently provides for all of the on-site drainage requirements for the pharmacy and fast food restaurant. The drainage plan was approved with the Commercial plaza. There are no proposed changes to the existing drainage systems in place. Solid Waste: The change will not affect the solid waste generation. No improvements or expansions to the solid waste disposal system are needed by this change. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. 0 STAFF COMMENTS: The proposed land-use amendment will help bring the existing legal non conformities into conformity with the City’s Code of Ordinance. The proposed land-use map designation of Commercial is compatible with the surrounding land-uses of adjacent properties and with the City’s Vision Plan. STAFF RECOMMENDATION: Staff recommends approval of the proposed small-scale land-use amendment petition CPMA- 08-06-00001 0. 1. . JUN-11-2008 09:49 P.O1 Consolidated Management, Inc. David M. King, Attorney & Counselor at Law cnbtlty-. - 24500 Chagrin Bouleviu'd, Suite 340 Beachwood, Ohio 44122 (216) 360-0799 Fax (216) 464-5130 ~t.3065 Ms. Natalie Wong City of Palm Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 June 11,2008 Via Regular Mail and Facsimile (561) 799-4281 Re: Nortblaka Venture LC - 3061 & 3063 Northlake Boulevard Dear Ms. Wong: This letter is to follow-up on our telephone conversation ,of June 9, 2008, with regard to Northlake Venture LC property in Palm Beach Gardens, fL located at the address in the reference. Based on our telephone conversation, it is my understanding that the City intends to initiate a land use amendment application to change the use designation of the property owned by Northlake Venture LC that comptises a portion of* the parking area behind the Walgreen's drugstore and the on-site retention facility. It is my hrther understanding that the current use classification for the properly in question is "Residential Medium" (RM) and that the City intends to apply for change of'the use to "Commercial" (C). This letter is intended to advise the City. of Palm Beach Gardens that Northlake Venture LC has no objection to the City's application to changa the designated property from RM to C. Thank you very much for your telephone call to convey this infomation to me. We await hearing further from the City, and would certainly appreciate receiving copies of any applications filed with respect to our property. I Very tmly yours, Northlake Venture LC F TOTAL P. 01 1 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: June 13, 2008 ORDINANCE 16,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.31 87(l)(c), ET SEQ., FLORIDA STATUTES, PURSUANT TO CITY INITIATED AMENDMENT TO THE TOWN’S FUTURE L DESIGNATING ONE (1) PARCEL OF REAL PROPE APPROXIMATELY ONE AND 371100 (1.372) ACRES, IN SIZE AS “(C) COMMERCIAL”; SUCH LOCATED AT THE NORTHEAST COR BOULEVARD AND CONGRESS AVENU THE “NORTHLAKE CONGRESS PROVIDING FOR COMPLIANCE WITH IREMENTS 0 CHAPTER 163, FLORIDA STATUTES; A CONFLICTS CLAUSE AND A SEVERABILITY CL ROVlDlNG AN APPLICATION NO. CPMA-08-06-000010, WHICH PROVID WHEREAS, the City Counc a small-scale amendment to the Beach Gardens as set forth in Comprehensive Land Use Plan of t Exhibit ‘A’ attached hereto and incorpor providing this parcel with a Land Use Designation of Comm conforming uses o , 2008, the Planning, Zoning, and Appeals Board, sitting as ning Agency for the City, recommended approvaVdenial f the Comprehensive Plan of the City; and e City Council finds that the subject amendment is consistent with the City Council finds that the subject amendment is consistent with 4 and 163.3187, Florida Statutes; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and Date Prepared: June 13, 2008 Ordinance 16,2008 1 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed an SECTION 2. The Future Land Use Element of the City Map is hereby a incorporated herein. SECTION 3. The City’s Growth Managem tor is hereby directed to transmit the proposed Comprehensive Plan to the Department of ate public agencies, and hat this Ordinance and all other necessary documents are forwar and other agencies in accordance with SECTION 4. This amendment effective thirty-one days after become effective until r of this page intentionally left blank] 2 Date Prepared: June 13, 2008 Ordinance 16, 2008 d 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PASSED this day of , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember David Levy, Councilmember FOR AGAINST ABSENT ATTEST: BY: I , 3 CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Meeting Date: July 8,2008 Date Prepared: June 12,2008 SubjecdAgenda Item: SMALL SCALE LAND-USE AMENDMENT FOR THE CPMA-08-06-000009 WATERWAY CAFE Public Hearing & Recommendation to City Council: A City initiated request to modify the Future Land Use Designation on a portion of the Waterway Cafk site from a Designation of Residential Medium (RM) to Commercial (C). The property is approximately 1.5 acres and owned by the Lake Worth Creek Corporation. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Planning Manager N/A City Attorney Development Compliance Bahareh K. Wolfs, AICP Growth Ma:& Administrator Kara Irwin, AICP ' Approved by: City Manager Ronald M. Ferris Originating Dept.: Growth Management: Project Manager Natalie Wong, AICP Advertised: Date: June 25, 2008 Paper: Palm Beach Post [ ] Not Required Affected parties: [ XI Notified [ ] Not Required FINANCE: NA Costs: $ NA Total $ NA Current FY Funding Source: [ ] Operating [XI Other-NA Budget Acct.#: NA LPA Commission Action: [ ]Approved [ ] App. wl conditions [ 3 Denied [ ] Rec. approval [ 3 Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Location Map [ ]None Date Prepared: June 12,2008 Page 2 of 5 CPM A-08-06-000009 BACKGROUND: Florida State Statue Chapter 163.3 187 (l)(c) provides for small-scale Comprehensive Plan amendments directly related to small scale development activities meeting certain criteria that indicate that they are less intensive in nature. The Growth Management Department is processing the subject small-scale amendment as a City-initiated petition to “clean-up” the City’s Land Use Map. The subject petition is a request to modify the Land Use designation of a 1.5 acre parcel with a current Land Use designation of Residential Medium (RM) to Commercial. The site is currently part of the Waterway Cafk restaurant site, a 3.16 acre site on the south side of PGA Boulevard approximately ?4 mile east of Prosperity Farms Road. The portion of the site that is designated as Commercial is approximately 1.67 acres and is located on the northern side where the existing restaurant is located. The RM portion of the site provides parking landscaping, open space, office and storage uses directly related to the restaurant. The existing structure which remains on the RM parcel is directly affiliated with the restaurant operations is a legal non-conforming use. The Waterway Cafk was originally developed in the 1980’s on approximately 1.67, acres. Subsequent to the original opening, the property owner purchased the additional property to the south that had five (5) residential homes on the site. Ordinance 5, 1987 approved a Conditional Use (CU) of Commercial Parking on the Residential Medium (RM) site. The houses were demolished, and a the parking lot and landscaping that currently supports the Waterway Cafk parking needs were constructed. The one (1) structure that remained on site is the structure that hnctions as part of the restaurant operations to date. The public access right-of-way to the private residences was abandoned by the City through Resolution 52, 1985. The present Comprehensive Plan designation for this property forces an unnatural division of a property under two different land use designations and zoning districts that is currently under owned by one entity, and was approved as one project. The proposed Land Use Amendment will help bring the existing conditions into conformity. Following the Land Use approval process rezoning application will be processed to help bring the current Residential Medium (RM) zoning into compliance. LAND USE COMPATIBILITY WITH SURROUNDING AREA: Parcel Waterway Cafe Table 1 : Surrounding Land Uses. Acreage North South East (Waterway Canalrnesidential Waterway I West 80’ ROW CanalResidential (Pirates Cove) Palm Beach County Date Prepared: June 12,2008 Page 3 of 5 CPM A-08-06-000009 The proposed land use change is consistent with the surrounding land uses. There is an existing six (6) foot concrete wall and landscaping on the south side of the property in the 12.5’ landscape buffer on the south side of the site. Immediately south is the 80’ ROW Port Royal Canal which serves as an additional buffer to the residents in Pirates Cove, a residential subdivision located in unincorporated Palm Beach County. The proposed land use will provide better standards between buffering the existing commercial use and the residential properties since the standards for landscaping are more stringent between a residential use and a commercial use vs. residential between residential. COMPATIBILITY WITH THE VISION PLAN: The City’s Vision Plan serves as a land-use guide for all land-use designation changes in the City. The Vision Plan designates the subject site as Commercial. The requested land-use change to Commercial is compatible with the Vision Plan designation. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed amendment is consistent with Chapter 163, Florida Statutes, the State Comprehensive Plan (Le. Rule 9J-5, F.A.C, Rule 95-11 F.A.C) and the City of Palm Beach Gardens Comprehensive Plan and Code of Ordinances. The proposed amendment will unify the land use of the property, and will help bring conformity to a legal non-conforming structure currently existing on-site. Some of the specific Policies and Objectives of the City’s Comprehensive Plan include: Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations, made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforminp use provided that the following conditions are met. These legal nonconforming uses will not be allowed to expand, will not be allowed to be moved or relocated, will not be allowed to be reestablished if ceased for six (6) consecutive month period or eighteen (18) month months with a three (3) year period, or if damaged or destroyed bv more than 50% of their value. Legal nonconforming uses are defined s lots, structures, and uses of land and structures that were lawful before the adoption or amendment or a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multi- family residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land-use is not exceeded and conformity with the current Land Development Regulations will be required. (emphasis added) Policy 1.1.6.1.: Development order and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Objective 1.1.7.: The City shall maintain land development regulations containing standards 0 and provisions which encourage the elimination or reduction or uses inconsistent with the City’s character and future land uses. Date Prepared: June 12,2008 Page 4 of 5 CPM A-08-06-000009 - Commercial and Residential Medium Policy 1.1.7.1.: Expansion or replacement or land uses which are incompatible with the Future 0 trips Land Use Plan shall be prohibited. Levels of Service: Traffic: Residential Medium land use with a zoning of Residential Medium allows up to 7 units per acres. The maximum development potential allowed under the existing land-use designation is summarized by the table below. I Parcel I Max. I Total Trips Densitynn tensi ty Waterway Cafk 25,461 SFA0 DU 1,628 daily The maximum development potential that is allowed under the proposed land-use designation of Commercial is outlined in the table below. Parcel Total 2,343 - Commercial daily NET IMPACT Parcel Net Change under current Trips under 2,343 - Commercial The trip generation analysis reflects that there will be a net INCREASE of 715 external trips. This potential net increase if the site were to be redeveloped to the maximum density would be less than one percent (0.8%) of the roadway capacity. Accordingly, the proposed Land Use Map Amendment will have an Insignificant or DeMinimis traffic impact. Sanitary Sewer: The site is currently served by Seacoast Utility Authority. No improvements or expansions to the potable waste system are needed by this land use change. date Prepared: June 12,2008 Page 5 of 5 CPM A-08-06-000009 Potable Water: The site is currently served by Seacoast Utility Authority. No improvements or expansions to the potable water system are needed by this land use change. Drainage: The site currently has legal positive outfall and currently provides for most all of the on-site drainage requirements for the restaurant. There are no proposed changes to the existing drainage systems in place. Solid Waste: The change will not affect the solid waste generation. No improvements or expansions to the solid waste disposal system are needed by this change. ENVIRONMENTAL CONSIDERATIONS The site has been previously cleared and developed as part of the existing restaurant site. There is no proposed change in the use, and therefore the site contains no habitat for species listed by Federal, State or local agencies as endangered, threatened or species of special concern. NEARBY LOCAL, GOVERNMENT COMMENTS/OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. STAFF COMMENTS: The proposed land-use amendment will help bring the existing legal non conformities into conformity with the City’s Code of Ordinance. The proposed land-use map designation of Commercial is compatible with the surrounding land-uses of adjacent properties and with the City’s Vision Plan. STAFF RECOMMENDATION: Staff recommends approval of the proposed land-use amendment petition CPMA-08-06- 000009. I .. 1' L Date Prepared: June 13,2008 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 i 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE 17,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.31 87(l)(c), ET SEQ., FLORIDA STATUTES, PURSUANT TO CITY INITIATED AMENDMENT TO THE TOWN’S FUTURE LA DESIGNATING ONE (1) PARCEL OF REAL PROPER APPROXIMATELY ONE AND 5011 00 (1.502) ACRES, IN SIZE AS “(C) COMMERCIAL”; SUCH PARCEL OF LAND IS LOCATED ON THE SOUTH SIDE BOULEVARD APPROXIMATELY ’/4 MILE EAST OF FARMS ROAD, INFORMALLY KNOWN AS THE “WAT PROVIDING FOR COMPLIANCE WITH IREMENTS OF CHAPTER 163, FLORIDA STATUTES; A CONFLICTS CLAUSE AND A SEVERABILITY CLA PROVIDING AN EFFECTIVE DATE; AND FOR WHEREAS, the City Council h Comprehensive Land Use Plan of the described in Exhibit ‘A’ attached heret APPLICATION NO. CPMA-08-04-000009, WHICH PROVIDES FOR AN Beach Gardens as more specifically WHEREAS, t Designation of Comm the existing commer conforming uses on the sit WHEREAS, o t providing this parcel with a Land Use ost appropriate land use designation for d will eliminate the existing legal non- , 2008, the Planning, Zoning, and Appeals Board, sitting as ning Agency for the City, recommended approval/denial f the Comprehensive Plan of the City; and the duly constituted Loca ity Council finds that the subject amendment is consistent with finds that the subject amendment is consistent with Sections 163.31 84 and 163.3187, Florida Statutes; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and Date Prepared: June 13, 2008 Ordinance 17, 2008 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed an SECTlON2. The Future Land Use Element of the City’s Compre Map is hereby amended, as set forth in accordance with Exhibit “A incorporated herein. SECTION 3. The City’s Growt tor is hereby directed to transmit the proposed Comprehe t to the Department of Community Affairs of the State of te public agencies, and upon adoption of this Ordinance is further directed to e t this Ordinance and all other necessary documents are forwar nt of Community Affairs and other agencies in accordance with SECTION 4. This amendment effective t h 1 rty-one days after adoption. If this amendment is ch become effective until Commission, respective1 develop men t amend r of this page intentionally left blank] 2 Date Prepared: June 13, 2008 Ordinance 17, 2008 1 e 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED this day of , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember ATTEST: BY: BY: terim City Attorney ABSENT 3 0 .- NORTHLAKE BOULEVARD / CONGRESS AVENUE COMMERCIAL CENTER LEGAL DESCRIPTION The North 147.37 Feet of the following described property: A parcel of land lying in Section 18, Township 42 South, Range 43 East, within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, being more particularly described as follows: The South 453.00 feet of the East 467.00 feet of said Section 18, LESS AND EXCEPT therefrom the East 100.00 feet thereof and the South 60 feet thereof for right of way of Northlake Boulevard, also less the West 80.00 feet of the East 467.00 feet of the North 147.37 feet of the South 453.00 feet of said Section 18 0 AND A parcel of land lying in the Southeast Quarter (SE 114) of Section 18, Township 42 South, Range 43 East, within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, being more particularly described as follows: The West 80.00 feet of the East 467.00 of the North 147.37 feet of the South 453.00 feet of said Section 18 AND The West 40.00 of the East 507.00 LESS AND EXCEPTING therefrom Boulevard. feet of the the South Sduth 453.00 feet of said Section I8 60 feet for right of way of Northlake CONTAINING 1.377 ACRES. CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Date Prepared: June 13,2008 Meeting Date: July 8,2008 Ordinance 14,2008 SubjecUAgenda Item: Evaluation and Appraisal Report (EAR) - Based Amendments CPTA-08-06-000013: Comprehensive Plan Text Amendments Recommendation to City Council: A City-initiated request for amendments to the Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Capital Improvement, Intergovernmental Coordination, Public Safety, Public School Facilities, Economic Development Elements of the City’s Comprehensive Plan, providing for the EAR-based amendments. [XI Recommendation to APPROVE 1 Recommendation to DENY Xeviewed by: Long Range Planning Manager Vilsa Zacarias, AICP City Attorney Max Lohman Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Long Ran Manager Stephen Mayer Sr. Planner Action: [ 3 Quasi-judicial [ X ] Legislative [ XI Public Hearing Advertised: Date: 6/27/08 Paper: Palm Beach Post [ ] Not Required Affected Parties: [ ]Notified [ X] Not Required Finance: costs: NIA Total NIA Current FY Funding Source: [ 3 Operating [XI Other Budget Acct.#: N/A LPA Action: [ ]Approved [ ] App. wl conditions [ 3 Denied [ ] Continued to: Attachments: . Data and Analysis Public Notice . Ordinance 14,2008 (Contains Exhibit A: the Revised Goals, Objectives and Policies) Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 2 of 17 BACKGROUND The purpose of the Evaluation and Appraisal Report (EAR) was to examine the Comprehensive Plan since its most recent EAR-based Comprehensive Plan Amendment in 1999, and assess how well the Plan is serving the City in accordance with Chapter 163.3191, Florida Statutes. This process is required once every seven years. The EAR identified what changes had occurred and proposed how the Comprehensive Plan could be modified to accommodate them. City Council approved the EAR through the adoption of Resolution 143, 2006 on December 21,2006. Part of the initial EAR process was to identify Major Issues facing the City. The Major Issues paper was approved for transmittal to the Florida Department of Community Affairs (DCA) by City Council at the April 6,2006 public hearing. The EAR process requires that the report address each major issue relative to the Comprehensive Plan elements, and propose any corrective measures. The Major Issues addressed in the EAR are as follows: Plan for western growth -Review the policies relative to western development in order to better plan for future needs. Diversify land-uses for future development, infill, and redevelopment for the eastern portion of the City - Implement policies that further a sustainable community. Develop a creative transit system to address future trafic needs - Develop policies that provide for the development of a “transit ready” community. Maintain the City’s roadway linkages - Implement policies andguidelines that further the interconnectivity of the City’s roadway network. 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. Pursue the provision of Woryorce Housing - Explore various options in order to pursue the provision of Woryorce Housing. Encourage Economic Development for Bioscience Users - Implement policies conducive to the development of The Scripps Research Institute (TSRI,) and the bioscience community. Date Prepared: June 13,2008 Meeting Date: July 8,2008 Ordinance 14,2008 Page 3 of 17 After the City Council transmittal of the EAR to the Department of Community Affairs (DCA), DCA determined the adopted EAR was sufficient, and allowed the City to start the EAR-based Comprehensive Plan Amendment process. These amendments are to be adopted within 18 months of the sufficiency notification, unless DCA grants an extension of time. Staff filed and was granted a six-month extension to this deadline; therefore, the City is required to adopt the EAR-based Comprehensive Plan Amendment by February 26,2009. SUMMARY OF CHANGES TO THE COMPREHENSIVE PLAN The following summaries present the main changes and proposals to the elements based on the EAR-based comprehensive plan amendments: FUTURE LAND USE ELEMENT The existing Future Land Use Element has one general goal that includes a wide range of provisions. Staff incorporated the existing definitions of land use categories into the Goals, Objectives and Policies, and organized the Element into three distinct Goals. Goal 1 is existing and focuses on the City’s utilization of the future land use category system, which is now incorporated not as definitions but as policies. The rewritten Goal 1 also enforces land use compatibility and provides descriptions for transitioning land uses. Goal 2 is proposed by staff, and it focuses on the promotion of consistent objectives and policies for development and redevelopment activities, including incentives to encourage Leadership in Energy and Environmental Design (LEED) and Green Building initiatives. Goal 3 is also proposed by staff, and it focuses on policies which promote a livable and sustainable community for the future needs of our residents, including the preparation of a Transit Oriented Development (TOD) overlay. The following initiatives are part of the proposed Future Land Use Element: 0 Maintain compatible land uses which consider the intensities and densities of land use activities, their relationship to surrounding properties and the proper transition of uses. (Goal 1.1, and Objective 1.1.1., Page 1-1, from Existing Definitions and Goal 1) Utilize overlays and designations to address areas of special concern. The City recognizes the need to designate property that: reduce densities due to environmental and roadway capacity constraints; establish areas to encourage the development of bioscience research uses; protect the aesthetics of Northlake Boulevard; establish the Western Northlake Corridor Land Use Study Area; establish the MacArthur Boulevard Historic preservation area; establish areas for future critical interchanges; establish an Urban Growth Boundary; and establish a Parkway System as a component of the Florida Greenway System. (Objective 1.1.2. Page 1-15, Proposed) Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and 0 0 Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 4 of 17 encourages infill and redevelopment of the eastern portion of the City. (Objective 1.1.3., Page 1 -I 6, Existing) Maintain land development regulations containing standards and provisions to encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. (Objective I. I. 4., Page 1-25, Existing) Encourage development or redevelopment activities while promoting a strong sense of community, consistent quality of design and not threatening to existing neighborhood integrity and historic and environmental resources. (Goal 1.2, Page 1-26, Proposed) Issue development orders and permits for development or redevelopment activities only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan (Objective 1.2.1 ,, Page 1-26 Existing) Issue development orders and permits for development and redevelopment only in those areas where suitable topography and soil conditions exist to support such development. (Objective I. 2.2., Page 1-2 7, Existing) Issue development orders and permits for development and redevelopment activities only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this Comprehensive Plan) are available concurrent with the impacts of development. (Objective 1.2.3., Page 1-27, Existing) Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. (Objective 1.2. #., Page 1-29, Existing) Maintain Land Development regulations which provide for the protection, preservation and reuse of public and private historic resources. (Objective 1.2.5., Page 1-36, Existing in Coastal Management Element) Plan for future needs to promote livable communities, including sustainable economic development for bioscience users, transit oriented development, and other efforts to promote sustainable growth. (Goal I. 3, Page 1-3 7, Proposed) Expand the City's economic base by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. (Objective 1.3. l., Page 1-3 7, Existing) Improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse impacts of future development and redevelopment activities. (Objective 1.3.2., Page 1-38, Existing) In coordination with the Northlake Boulevard Corridor Task Force, pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality I Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 5 of 17 of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. (Objective 1.3.3., Page 1-35, Existing) Maintain a Bioscience Research Protection Overlay (BRPO) for the purpose of promoting Bioscience Uses and deterring the conversion of those uses to commercial or residential uses. (Objective 1.3.4., Page 1-39, Existing) Adopt a Transit Oriented Development Zoning Overlay (TODO) for the purpose of promoting the location of a rail station in the City and providing sustainable development that encourages multi-modal transit. (Objective 1.3.5., Page 1-40, Proposed) Adopt and maintain land development regulations that are aimed at eliminating barriers toward the certification by Leadership in Energy and Environmental Design (LEED), US Green Building Council (USGBC), Florida Green Building Coalition (FGBC) or any comparable certification organizations, as well as providing incentives for building certified buildings or sites. (Objective 1.3.6., Page 1-41, Proposed) Coordinate and plan for the annexation of unincorporated enclaves (Objective 1.3.7., Page 1 - 41, Proposed) Proactively plan for future growth through an inclusive community-based planning process. (Objective 1.3.8., Page 1-42, Proposed) The following studies or actions are recommended by staffi xx-_ -I ~ Ix II ETION YEAR I $ x1 ~-- x”II 1 2009 I I Update City’s Vision Plan (Policy 1.3.8.1., page 41) j 2010 E Adopt Floor Area Ratios into the LDRs (Policy 1.1.3.8., page 25) .I Incorporate Bioscience Research Protection Overlay in the LDRs (Policies 1.3.4.1 and 1.3.4.4, I 39) I 1 Incentives for redevelopment (Policy 1.2.4. lo., page 35) I- -_ - -. . .” Incorporate incentives for bioscience users in LDRs (Policy 1.3.4.3., page 39) j Assess the design guidelines (Policy 1.2.4.9., page 35) I ”- - 2011 Conduct archeological, cultural and historic resources assessment (Policy 1.2.5.4., page 37) ; i -I ”~ ” __ - 2012 Study and adopt multi-modal overlay for planned transit corridors (Policy I. 1.2.8., page 16) Date Prepared: June 13,2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 6 of 17 TRANSPORTATION ELEMENT The existing Transportation Element has one general Goal that includes a wide range of provisions. Staff is proposing to add two additional goals. Goal 2 focuses on provisions for a balanced transportation system, and incorporates policies to encourage roadway, bicycle and pedestrian linkages. Goal 3 focuses on provisions for mass transit and recognizes the direct link between public transit, land use patterns, workforce housing and economic development. Staff included initiatives that are recommended to promote a balanced transportation system and support sustainable economic growth. The following initiatives are part of the proposed Transportation Element: 0 Maintain adopted level of service (LOS) standards on the City’s traffic circulation system. (Objective 2.1. I ., Page 2-1, Existing) Encourage strategies which reduce demand on the City’s traffic circulation system and alleviate street traffic congestion. (Objective 2.2. I ., Page 2-14, Proposed) Maintain a sustainable transportation system through the adoption of a financially feasible Capital Improvement Program. (Objective 2.2.2., Page 2-1 6, Proposed) Establish a network of streets that provide multiple routes for intra community trips and alternate routes for external travel. (Objective 2.2.3., Page 2-1 6, Existing) Maintain and revise where necessary, the land development regulations for the provision of motorized and non-motorized transportation. (Objective 2.2.4., Page 2-1 7, Existing) Maintain land development regulations which set requirements for safety and aesthetics in the transportation system. (Objective 2.2.5., Page 2-1 8, Existing) Continue coordinating transportation planning with the future land uses shown on the Future Land Use Map of this plan, the FDOT Five Year Transportation Plan, plans of neighboring jurisdictions, and Palm Beach County transportation and future land use plans. (Objective 2.2.6., Page 2-1 8, Existing) Continue to plan for and provide transportation facilities encouraging various modes of transportation, through the Conceptual Thoroughfare Plan map and the City Center Linkages Plan. (Objective 2.2.7., Page 2-1 9, Existing) Encourage the use of public transit, bicycle, and pedestrian paths within City boundaries through use of the Parkway System and support the proposed multi-modal overlay. (Objective 2.2.6., Page 2-20, Existing) Coordinate with the Metropolitan Planning Organization, Palm Beach County, Treasure Coast Regional Planning Council, Palm Tran, other local transit service providers and local municipalities in regard to the City’s transit initiatives. (Objective 2.3.1, Page 2.20, Proposed) Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14, 2008 Page 7 of 17 0 Promote sustainable growth, the City recognizes the direct link between public transit, land use, workforce housing, and economic development. (Objective 2.3.3., Page 2-21, Proposed) The following studies or actions are recommended by staffi HOUSING ELEMENT The existing Housing Element has one general Goal that includes a wide range ofprovisions. Staff is proposing to add a second Goal to group all those provisions related to affordable and workforce housing. Under this new Goal we also included definitions, and initiatives that are recommended to promote a balanced community and support sustainable economic growth. Recent Florida legislation (HB1363, and HB1375) provides definitions and incentives available to local governments to support affordable and workforce housing efforts. “Housing is most Americans largest expense. Decent and affordable housing has a demonstrable impact on family stability and the lfe outcomes of children. Decent housing is an indispensable building block of healthy neighborhoods, and this shapes the quality of life.. . better housing can lead to better outcomes for individuals, communities, and American society as a whole. In short, housing matters. ” Bart Harvey, 2006, Joint Center of Housing Studies of Harvard University. The following initiatives are part of the proposed Housing Element: 0 Promote sustainable and energy efficient standards for housing (Objective 3. I. 1 ., Page 3-1, Proposed) Assist the private sector to provide housing of the various types, sizes and costs (Objective 3.1.2., Page 3-1, Existing) Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 8 of 17 Continue to identify substandard units (Objective 3.1.2., Page 3-1, Existing) Encourage housing and supportive services for the elderly and special needs residents (Objective 3.1.4., Page 3-2, Proposed) Provide adequate sites for group homes, mobile homes and manufactured homes (Objective 3.1.5., Page 3-3, Existing) Conserve and extend the useful life of the existing housing stock (Objective 3.1.6., Page 3-4, Existing) Promote programs and other means to ensure affordable and workforce housing to sustain a balanced community and economic growth (Objective 3.2.1 ., Page 3-5, Proposed) Continue to designate adequate sites to ensure that adequate supply of land exists for providing affordable and workforce housing (Objective 3.2.2., Page 3-1, Existing) The following studies or actions are recommended by staffi COMPLETION STUDY/ACTION 2010 2011 Promote housing conservation programs and energy efficient practices (Policy 3.1.1. I .-Page 3-1) I __ - ~- .- -” . Define incentives for using green building standards and energy efficient technologies, and provide education a\rmensss program for developers (Policy 3.1.1.2-Page 3-1) Provide incentives to the private sector for the provision of affordable and workforce housing (Policy 3.2.1.9-Pag ~ ” ~ - ._” ___^ -. 6) Review Land Development Regulations to streamline development review and permitting for affordable and workforce housing (Policy 3.2.1 .%Page 3-6) Consider adopting inclusionary regulations to include on-site or off-site affordable and workforce housing in neM residential developments and redevelopments, or other supportive provisions such as payment in-lieu (Policy 3.2 Assess and improve housing development regulations (Policy 3.2.2.4.-Page 3-2) I ”x _- _lx-~-xx__ _- ”” ’ Page 3-7) ~ I- 111 i.,” I_ xx -- - -. 2012 Develop a Senior and Special Needs Housing Study and Implementation Plan (Policy 3.1.4.4- Page 3-2) Evaluate nursing home, assisted living facilities, group homes and mobile homes (Policy 3.1.5.5.-Page 3-3) i Provide education awareness programs to uromote the need for workforce housing (Policv 3.2.3.1 I-Page 3-9) - Update housing needs projections based on the 2010 Census (Policy 3.2.1.5.-Page 3-6) v. ” . - ., ., .- 2013 Develop Neighborhood Enhancement Plans for declined neighborhoods (Policy 3.1.6.2.-Page 3-4) Consider creating a Neighborhood Coordinator position (Policy 3.1.6.5.- Page 3-4) _1 -1 _x x.” -__ INFRASTRUCTURE ELEMENT Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 9 of 17 The Infrastructure element contains the following sub-elements: Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water and Aquifer Recharge. Sanitarv Sewer The City of Palm Beach Gardens does not own, operate or maintain a central sanitary sewer system. Wastewater transmission, treatment and disposal services are provided by Seacoast utility Authority (SUA). Staff is proposing to ad language to the existing goal to provide sanitary sewage for non- residential in general instead of just commercial. Solid Waste The City also does not own or operate a solid waste disposal facility. Residential and commercial solid waste continues to be collected by Waste Management, Inc. The Palm Beach County Solid Waste Authority owns and operates a disposal facility. This element includes two existing goals. The first goal is directly related to the provision of waste management and disposal services; the second goal mentions a comprehensive emergency management plan, and its coordination with the County regarding hazardous material response. Stormwater Management This element includes one goal related to providing adequate city wide drainage and stormwater management. The City has adopted the 2002 Stormwater Management Plan that is currently in the implementation phase. Staff is recommending to assess and update this plan by the year 2017. 0 Potable Water The City also does not own, operate or maintain a central potable water supply system. Central potable water supply service is provided to the City by Seacoast Utility Authority (SUA). This element includes two existing goals. The first goal refers to providing a safe, healthy and sustainable potable water supply to all resident and businesses in the City. The second goal is related to conserving and protecting water supply. Staff is recommending to include green building standards in existing and new structures as strategy toward water conservation. Also, as part of the Florida Statues, the City is required to adopt a 10 year Water Supply Facility Work Plan. Aquifer Recharge The Surficial Aquifer continues to be the main groundwater supply used by Seacoast Utility Authority (SUA). This element includes one goal related to increasing groundwater recharge where applicable. Staff is also proposing to continue coordinating with SUA on groundwater recharge policies and plans. The following studies or actions are recommended by staffi Date Prepared: June 13,2008 Meeting Date: July 8, 2008 Ordinance 14, 2008 Page 10 of 17 ; i ----."J---- YEAR x-~~-""".-^*-II_~l_--~ ----- _I__- --I^x I r"- 2009 4 Adopt a lO-year Water Supply Facility Work Plan required by Florida Statues RECREATION AND OPEN SPACE ELEMENT The Recreation and Open Space Element consists of a single goal; to provide adequate, sustainable park, recreation and open space facilities and areas offering a broad range of activities to all current and future citizens. Staff proposes to assess the City's Level of Service (LOS) standard for recreation and open space, and to define three new categories of recreation and open space: mini-parks, open space, and eco-oriented parks. The following initiatives are part of the proposed Recreation and Open Space Element: 0 Provide open space areas, active and passive recreation facilities for residents that comply with established LOS standards. (Objective 7.1.1 ., Page 7-1, Existing) Meet the recreation and open space needs of our residents through public funds, gifts, contributions, mandatory fees or dedications. (Objective 7.1.2., Page 7-4, Existing) Provide vehicular and pedestrian access to all public facilities. (Objective 7.1.3., Page 7-5, Existing) Improve and coordinate efforts with all levels of government and the private sector to provide recreation opportunities. (Objective 7.1.4., Page 7-6, Existing) 0 0 0 0 The following studies or actions are recommended by staffi i COMPLETION STUDY/PLAN/ACTION I YEAR : 2010 f I ~ - I-xx_ 1- 1 x -x 201 1 2012 ~x " "_ Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 11 of 17 COASTAL MANAGEMENT ELEMENT The existing Coastal Management Element goal has been divided into two separate goals. The first proposed goal is to ensure the social, economic and environmental resources of the City's coastal area are protected, maintained and enhanced. The second goal is to ensure the protection of human life and capital facilities from disaster, such as Hurricanes. The following initiatives are part of the proposed Coastal Management Element: 0 0 Protect or enhance the coastal area resources during development. (Objective 5.1.1 ., Page 5- 1, Existing) Require all development along the tidal ditches to preserve a native vegetation buffer. (Objective 5.1.2., Page 5-3, Existing) Ensure the marine habitat in and the water quality of Little Lake Worth and the Intracoastal Waterway are protected and enhanced. (Objective 5.1.3., Page 5-4, Existing) Collect information on all species of special concern in the coastal area and adopt regulations ro provide for their protection. (Objective 5.1.4., Page 5-4, Existing) Provide the protection, preservation, and reuse of public and private historic resources (Objective 5.1.5., Page 5-5, Existing) 0 Implement the Marina Siting plan for Palm Beach County. (Objective 5.1.6., Page 5-5, Existing) Ensure that building and development activities are carried out in a manner that minimizes 0 the danger to life and property from hurricanes and floods. (Objective 5.2.l., Page 5-6, Existing) Provide for public safety during emergency evacuation. (Objective 5.2.2., Page 5-7, Existing) Establish post-disaster procedures for immediate and long term response. (Objective 5.2.3., Page 5-8, Existing) Apply level of service standards to the traffic circulation and infrastructure facilities of the coastal zone whenever development orders or permits are requested. (Objective 5.2.4., Page 5-9, Existing) 0 0 0 The following studies or actions are recommended by staf) x_ 111 ~~ ~ - lxll ~11- I I_x -- COMPLETION STUDYE'LANIACTION I i CONSERVATION ELEMENT The existing goal of the Conservation Element has been divided into two goals. The first proposed Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 12 of 17 goal is to preserve, manage or restore natural resources in the city to ensure their sustainability and quality. The second proposed goal is to encourage a sustainable city through actions that reduce greenhouse gas emissions and other pollutants and reduce the use of non-renewable resources. The proposed second goal focuses on green principles, while the first is focused on preservation and conservation of existing natural resources. The following initiatives are part of the proposed Conservation Element: 0 0 0 Maintain development regulations to manage surface and sub-surface water resources. (Objective 6.1.1 ., Page 6-2, Existing) Monitor and enforce provisions for regulating water use. (Objective 6.1.2., Page 6-3, Existing) Maintain land development regulations to ensure the control of soil erosion (Objective 6.1.3., Page 6-4, Existing) Maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species are identified, managed and protected. (Objective 6.1.4., Page 6-4, Existing) Maintain a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes. (Objective 6.1.5., Page 6-8, Existing) Maintain land development regulations to ensure the provision of conservation measures on newly annexed land or newly acquired for the purpose of conservation in accordance with the goals, objective and policies of the Comprehensive Plan. (Objective 6.1.6., Page 6-8, Existing) Implement the plan for all or a part of the Parkway System prior to the issuance of any development orders for that area included in the Conceptual Linkage Plan. (Objective 6.1.7., Page 6-9, Existing) Maintain land development regulations which ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. (Objective 6. I.&, Page 6-1 0, Existing) Meet or exceed the minimum air quality levels established by Department of Environmental Protection (DEP). (Objective 6.2.1., Page 6-13, Existing) Increase education of sustainable building practices and use of environmentally sustainable products within the City. (Objective 6.2.2., Page 6-1 4, Proposed) The following studies or actions are recommended by staffi CAPITAL IMPROVEMENT ELEMENT The Capital Improvement Element (CIE) contains the Goals, Objectives and Policies which guide the City's fiscal policies to provide adequate facilities. The proposed changes include modification of Level of Service (LOS) standards that reflect proposed changes in the Public Safety Element. Also, staff has included policies which address changes in State Statute. Table 9A of this element contains the budget items required to achieve or maintain levels of service, and it is updated on an annual basis immediately after the adoption of the City's Capital Improvement Program (CIP). Because the City must transmit the EAR-based amendments prior to the adoption of the new CIP, the EAR-based amendment will not contain updates to Table 9A. The annual CIE update reflecting the changes to the CIP will be a separate amendment process. The update to Table 9B, which reflect the School Board's CIP, is similarly affected. The following initiatives are part of the proposed Capital Improvement Element: 0 Ensure the construction, replacement and maintenance of capital facilities which are necessary to achieve and maintain adopted LOS. (Objective 9.1. I., Page 9-1, Existing) Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain LOS standards. (Objective 9.1.2., Page 9-2, Existing) Ensure the provision of needed capital improvements for previously issues development orders, and for future development and redevelopment. (Objective 9.1.3., Page 9-2, Existing) Maintain a minimum LOS for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety. (Objective 9. I. 4., Page 9-3, Existing) 0 0 0 The following studies or actions are recommended by staf) 1I-x - -- STUDY/PL~N/ACTION - "- , COMPLETION YEAR 2012 f """ xlxl _" " ECONOMIC DEVELOPMENT ELEMENT Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 14 of 17 The Economic Development Element has a single goal; to achieve sustainable economic development through a balanced and diversified economy. Staff recommends promoting mass transit to consolidate the City's position as a regional destination. The following initiatives are part of the proposed Economic Development Element: 0 0 Maintain and expand a diversified economy by encouraging growth in targeted cluster industries that provide high-wage employment. (Objective 13. I. 1 ., Page 13-1, Existing) Support efforts to increase the number, viability and growth of small enterprises to further strengthen and diversify the economy. (Objective 13.1.2., Page 13-2, Existing) Provide leadership to the ongoing efforts to improve the public education system (Objective 8.1.3., Page 13-3, Existing) Maintain the quality of the City's balance between man-made and natural environment as a means of attracting target industries. (Objective 13.1.4., Page 13-3, Existing) The following studies or actions are recommended by staf8 " I__^-- -_ I_x-_ -_--- _I_ ----I^-- -- I COMPLETION STUDYIP LANIACTION YEAR a' 2009 " ---I x- " 2010 1- I xxx-" I Page 13-4) INTERGOVERNMENTAL COORDINATION ELEMENT The Intergovernmental Coordination Element has a single goal; to effectively coordinate among all public and quasi-public entities to ensure quality of life and sustainable use of resources. One new objective is proposed, which is to coordinate transportation planning efforts with the South Florida Regional Transit Authority (SFRTA) and Treasure Coast Regional Planning Council (TCRPC), and other appropriate entities and service providers. The following initiatives are part of the proposed Intergovernmental Coordination Element: Maintain formal means of coordination with adjacent municipalities, the county, state and federal agencies. (Objective 8.1. l., Page 8-1, Existing) Coordinate all levels of service standards through the Intergovernmental Plan Amendment Review Committee (PARC) and TCRPC. (Objective 8.1.2., Page 8-3, Existing) Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14, 2008 Page 15 of 17 0 Continue a written procedure to request coordination with the comprehensive plans of adjacent municipalities, the county, and other local government agencies, through PARC and TCRPC. (Objective 8.1.3., Page 8-3, Existing) Continue coordination process to ensure full consideration is given to the impacts of developments proposed in the City through PARC and TCRPC. (Objective 6.1.4., Page 8-4, Existing) Encourage the provision of quality education. (Objective 8.1.5., Page 8-5, Existing) Coordinate planning efforts with the North Palm Beach County partners to jointly identify land parcels which will provide opportunities for the development of bioscience uses. (Objective 8.1.6., Page 8-6, Existing) Coordinate transportation planning efforts with the SFRTA, TCRPC and other governmental entitied and local transit providers to ensure collaboration and dissemination of information regarding transit decisions and projects. (Objective 8.1.7., Page 8-6, Proposed) 0 0 0 PUBLIC SAFETY Per State Statutes, the Public Safety Element is not a required element of the Comprehensive Plan. As part of its growth management efforts, the City has chosen to include the Public Safety element in its Comprehensive Plan. The existing element has one Goal that refers to providing adequate facilities to ensure the provision of an effective and sustainable public safety program. Fire and police safety standards were reviewed, and new standards are proposed. 0 The following initiatives are part of the proposed Public Safety Element: 0 Promote alternative funding methods to ensure that new development, and redevelopment pay its proportionate share of the cost of providing public safety facilities, equipment and land necessitated by the development. (Objective 10.1. I., Page 10-1, Existing) o Provide public safety facilities in a timely manner to comply with the level of service standards set forth by this element and to maintain such compliance in subsequent years. (Objective 10.1.2., Page 10-1, Existing) Assess the impact of the western development area, redevelopment, and future annexation enclaves in terms of strategies, response time, and facilities for the Fire and Police Department. (Policy 10.1.2.3., Page 10-1, Proposed) Ensure that FLUE amendments, new developments, and redevelopment meet established LOS standards or mitigate the identified impacts. (Policy 10.1.2.5., Page 10-2, Proposed) 0 The following studies or actions are recommended by stafj? Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14, 2008 Page 16 of 17 CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN This process is part of the EAR-based comprehensive plan amendments. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed comprehensive plan amendments are consistent with the overall Goals and Objectives within the Palm Beach County Comprehensive Plan. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed comprehensive plan amendments are consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) a The proposed EAR-based comprehensive plan amendments are consistent with Chapter 163.3 19 1, Florida Statutes. PZAB AND PUBLIC COMMENTS FROM WORKSHOPS The Planning, Zoning, and Appeals Board (PZAB) reviewed the proposed EAR-based amendments- The Board provided to Staff the following major comments: Guidelines for Architectural Character and Community Appearance: avoid proposing a checklist that will undermine creativity. Transit oriented projects: these initiatives should be considered at a regional level. Transportation tables: review table 2E Workforce housing: review impact fees as incentives. Auxiliary dwelling units: board members recommended this housing initiative. Inclusionary housing: consider on-site and off-site alternatives. Commercial recycling should be encouraged. 0 0 0 0 0 0 0 Date Prepared: June 13, 2008 Meeting Date: July 8, 2008 Ordinance 14,2008 Page 17 of 17 0 Protect Thoroughfare Plan 0 Diversify economic development initiatives The following public comments were part of the workshops: 0 There is not too much vacant land in our City. The older neighborhoods are ready for redevelopment, and we need to ask them: what do they want in their neighborhoods? 0 Workforce housing needs to be available to teachers, police, fire, and nurses too. 0 Most of the proposals are good. Some of the transit projects will demand federal grants. 0 It is important to coordinate with Seacoast and South Florida Water Management the preparation of the 10 year water supply plan. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS The proposed comprehensive plan amendments will be transmitted to Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of Mangonia Park and Palm Beach County STAFF RECOMMENDATION Staff recommends APPROVAL of the amendments, and series of maps based on the following findings: proposed comprehensive plan amendments text The proposed text amendments are consistent with Section 163.3 191, Florida Statutes The proposed text amendments are consistent with the existing Goals, Objectives and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and The proposed text amendments further the goals of the City to encourage a sustainable community where residents can live, work, learn and play. Staff recommends APPROVAL of Ordinance 14, 2008, which provides for the adoption of the proposed text amendment and series of maps of the City’s Comprehensive Plan. OR DlNANCf ORDINANCE 14,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ITS COMPREHENSIVE DEVELOPMENT PLAN TO ADOPT EVALUATION AND APPRAISAL (“EAR”) BASED AMENDMENTS PURSUANT TO SECTION 163,3191, FLORIDA STATUTES, WHICH PROVIDES FOR A COMPREHENSIVE UPDATE TO ALL ELEMENTS, AFFECTING THE PAGINATION IN EACH AMENDED ELEMENT AND INCLUDING REVISED TEXT NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE PLAN; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT IN ALL AMENDED ELEMENTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, all amendinents to the comprehensive development plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, Section 163.3 191, Florida Statutes, requires that local governments review the adopted comprehensive plan, in part, to respond to changes in local, state and regional policies along with an analysis of the major issues necessary to fiirther the community’s goals consistent with statewide minimum standards; and WHEREAS, Section 163.3 191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS, the City adopted its Evaluation aid Appraisal Report (“EAR”) through the adoption of Resolution No. 143 on December 21, 2006, and; WHEREAS, the Florida Department of Community Affairs found the adopted EAR sufficient, and; WHEREAS, the City has carefully prepared an amendment to its compi-ehensive development plan to update it pursuant to Section 163.3 191, Florida Statutes, in order to provide -1- WHEREAS, the City of Palm both prior to submission of the propcsed Community Affairs and after the propxed Palm Beach Gardens, in accordance wilh WHEREAS, the City Council comprehensive development plan to gu preserve, promote and protect the publi NOW, THEREFORE, BE RDAINED BY THE CITY COUNCIL OF THE LORIDA, AS FOLLOWS: CITY OF PALM BEACH GARDE Section 1 : The foregoing Ordinance are hereby adopted and in Section2: The 2007 Ev City of Palm Beach Gardens Corn hereof and of the current Compr provides coinprehensive amendme with the adopted Evaluation and A of certain elements; all as specific shall be substituted for and replac and recitations contained in the preamble to this ated by reference as if filly set foi-th herein. n and Appraisal Report-Based Amendments to the ive Plan, attached as Exhibit “A” and made a part This amendment specifically elements of the Coinpreheiisive Plan in confoi~naiice epoit described therein which affects the pagination th 011 Exhibit “A”. The text adopted iii Exhibit “A” previously adopted text in the amended elements. 0 Development P 1 an. :3each Gardens has held all duly required public hearings; amendment of the plan to the State Department of amendment of the plan was returned to the City of Section 163.3 184, Florida Statutes; and desires to adopt the amendment to the current de and control the hture development of the City, and to : health, safety and welfare. Section 3: A copy of the coi~prelieiisive development plan, as amended, shall be kept 011 file in the office of the City Clerk, Cit of Palm Beach Gardens, Florida. The City Manag is hereby directed to transmit three (3) copies of the development plan to the State Land Planning Agency, Section 4: amendment to the current along with a copy to the Treasure Coast egional Plaiming Council, and to any other unit of local government who has filed a written requ for a copy, within ten (10) working days after adoption, in accordance with Section 163.3 184(7), Section 5: All ordinances or arts of ordinances in conflict be and the same are hereby Ip repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3 184( l)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Division of Community Planning, Plan Processing Team. FIRST READING this 21” day of August, 2008. SECOND READING this day of ,20 * CITY OF PALM BEACH GARDENS ERIC JABLIN, MAYOR (SEAL) ~~ PATRICIA SNIDER, CITY CLERK -3- FUTURE LAND USE ELEMENT Goals, Obiectives and Policies Goal 1.1 (below) has been relocated to this location from its current location after the future land use category definitions (page 1-14) in order to include the future land use categories within the Goals Objectives and Policies. Goal 1.1. is existing, however, staff proposes to include intensities and densities, their relationship to surrounding properties and proper transitioning of land uses as measures of compatibility. GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL MAXIMIZE PALM BEACH GARDENS’ NATURAL AND MANMADE RESOURCES WHILE MINIMIZING ANY THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITY’S CITIZENS THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION, BY MAINTAINING COMPATIBLE LAND USES WHICH CONSIDER THE INTENSITIES AND DENSITIES OF LAND USE ACTIVITIES, THEIR RELATIONSHIP TO SURROUNDING PROPERTIES AND THE PROPER TRANSITION OF LAND USES. Staff is proposing to include provisions to ensure that the City’s Zoning Map is consistent with the Future Land Use Map. Staff proposes to utilize a Future Land Use-Zoning consistency chart, which outlines tlie appropriate zoning districts for each future land use category. Staff notes that the corresponding policies are no longer definitions, but standard policies that each contains intent, intensities and densities, and Compatibility considerations for the specific land use category. Staff also notes that language concerning the inclusion of two transportation components on the Future Land Use Map is being relocated from page 1- 14. Objective 1.1.1.: Future Land Use Categories Future land use for Palm Beach Gardens is depicted usiiig a total of 15 land use categories - including general land uses and recommended improvements associated with specific land uses, --;I- 201% . The Future Land Use Elenieiit shall outline tlie desired development pattern for the City of Palm Beach Gardens through a land use category system that provides tlie allowed uses, location criteria and density of development. The City shall ensure that tlie City’s Zoning Map is consistent with the Future Land Use Map (Map A. 1 .). The City shall utilize the following chart when assigning a zoning district consistent with the property’s Future Land Use category: e FUTURE LAND USE 1-1 Table 1-1: Future dand Use - Zoning Consistency Chart The City of Palm Beach Gardens shall contained in the correspoiiding policies presenting the Future Land use categories . Western lands are designated with impact of development. designate all property with one of the land use categories on tlie Future Land Use Map. (Map A. 1 .) In addition to described above, tlie Future Land Use Map also Plan provides further details on these Policy 1.1.1.1.: Rural Residential (RRIO coxponents. and RR20): FUTURE LAND USE I 1-2 The predomiiiaiit dwelling type in tlie housing and those uses consistent with residential categories de+qy&wts is to while encouraging more intense, compact sprawl. Furthermore, the categories resources. In the Rural Residential exist with residential uses. Approved ~ I i I I I 1 e Rural Residential categories is sin.gle-fainily detached he land development regulations. The intent of the rural xovide low mtamty density development in these areas growth in the eastern areas and to prevent urban erpcourage clustering of development to protect natural sub-categories, limited agricultui-a1 uses are expected to co- agriculturertl uses pemMed withi17 the Rural Residential category& must be compatible with the environmental characteristics and natural resources, as well as with the lifestyle and quality of life of the residents. The compatible zoning district for the categories shall be the RR10/20 zoning district. a The Rural Residential categories are encouraged in areas outside of the urban service boundary and shall be located in areas that afford attractive natural or rural environment. Rural areas that are extremely wet are encouraged to be designated Rural Residential 20 to protect the wetland values. 1 The density of the Rural Residential land uses are one of two rural sub-categories: Rural Residential 10: one dwelling unit per ten acres Rural Residential 20: one dwelling unit per twenty acres Policy 1.1.1.2.: Residential Very Low (RVL): The Ww p redominant dwelling type in the Residential Very Low category is single-family detached housing and those uses consistent with the land development regulations. '1i; tz 1.5 I- . The PA% + intent of the category is to provide low density development in these areas while encouraging the preservation of vast amounts of open space and natural resources. The compatible zoning district for this category shall be the RE zoning district Residential Very Low is recommended as a transition from Rural Residential areas to the more intense residential developments and shall be located within the urban service boundary. The category shall be located in areas that afford an attractive natural or rural environment, where water supply and wastewater collection services can be provided economically, where police and fire service can be provided economically, and where the residential very low uses are s1)atially separated or buffered froin maior streets, commercial or industrial activities, or other land uses which generate significant adverse impacts such as, noise, glare, dust or fumes. lo The Residential Very Low category allows single-family detached residential development up to 1 .O unit per gross acre. The category also allows clustered developments which preserve vast amounts of open space and natural resources. Large planned community areas are permitted within this district even if they contain several types of development so long as the overall gross density of the development is consistent with that permitted under the RVL Residential Very Low category. Policy 1.1.1.3.: Residential Low (RL): The RL c- ky predominant clwellin~ type in the Residential Low category is single-family detached housing and those uses consistent with the land developinelit . . The PCL category is intended regulations. 5- .. ! FUTURE LAND USE 1-3 Low category allows single family acre. -Large planned communiiy contain several types of development a:; consistent with that permitted under the Policy 1.1.1.4.: Residential Medium ( M): 7 detached residential development up to 4.0 units per gross areas are permitted within this district even if they long as the overall gross density of the development is Residential Low RL category. The Residential Medium Bpp4 category Boulevard between PGA Boulevard and Boulevard and Northlake Boulevard. service boundary and serves as a transition and shall be located in areas that afford access to shopping and employment services are provided, where police and is primarily located along the western side of Central Hood Road, and along the 1-95 corridor between PGA 3esidential Medium shall be located within the urban between Residential Low and more intense land uses, an attractive natural envii-onment, that have convenient opportunities, where water supply and wastewater collection fire service can be provided economically, and where FUTURE LAND USE industrial activities, or other land uses glare, dust or fumes. 1-4 which generate significant adverse impacts such as: noise, ' Unit Developments (PUDs) and Planr density permitted within the Residential Planned community areas may ed Community Developinents (PCDs), the inaxiinuin Medium designation is 7.0 dwelling units per gross acre. contain residential developinents of higher net densities so Policy 1.1.1.5.: Residential High (RH): The predominant dwelling type in the Residential High category is attached and detached single- family housing, duplexes, townhomes, apartments and those uses consistent with the land development remlations. Property designated Residential High is intended to assist the private sector in providing affordable housing in Palm Beach Gardens. The compatible zoning district for this category shall be the RH zoning district. Non-residential uses may be permitted as part of a planned community, pursuant to City Land Development Regulations. (0 Property designated Residential High should primarily be located adjacent to major employment areas or contiguous to major arterials which may accommodate mass transit facilities in the future. Residential High shall be located within the urban service boundary and serves as a transition between Residential Low and Residential Medium and more intense land uses, such as commercial and industrial, and shall be located in areas that are accessible to shopping and employment opportunities, near park or open spaces, where water supply and wastewater collection services are provided, where police and fire service are provided economically, and are spatially separated and/or buffered from major streets, commercial or industrial activities, or other land uses which generate significant adverse impacts such as: noise, glare, dust or fumes. Unless the City Council approves the density bonuses available under the provisions of Planned Unit Developments (PUDs) and Planned Community Developments (PCDs), the €t Residential High category allows up to 10.0 dwelling units per gross acre. I Policy 1.1.1.6.: Mobile Home (MH): The predominant dwelling type in the Mobile Home catepory is mobile and manufactured homes located within a mobile home or manufactured home park. The category is intended to accommodate mobile home and manufactured home parks. The compatible zoning district for this category shall be the RMH zoning district The City has not proposed any new mobile home & sites on the Future Land Use Map; however, mobile homes parks are & a permissible use in mixed use districts. The existing mobile home park located at the northwest corner of PGA Boulevard and Prosperity Farms Road is shown on the Future Land Use Map as a mobile home land use. Maximum density permitted in the Mobile Home category MX is 7.0 mobile homes per gross acre. Individual mobile homes and manufactured homes are permitted on lots in all residential categories &qy&tmw - see Policy 3.1.3.8. Policy 1.1.1.7. : C o mmer ci a1 (C) : The Commercial category 6 desqyahm is intended to accommodate a wide range of retail and general commercial uses. The predominant uses range from stores offering frequently needed goods and services to nearby neighborhoods to those servinp a regional market. A representative I FUTURE LAND USE 1-5 zoning district for this category shall be The Professional Office category depicts The category may be used as a transition Professional Office shall be located within ':he PO zoning district existing and pi-oposed future professional office areas. from inore intense con~inei-cia1 to residential land uses. the urban service boundary, and located in areas that may further restrict intensities . FUTURE LAND USE 1-6 - Policy 1.1.1.9.: Industrial (I): The predominant uses within the Industrial category include research or laboratory, engineering and marketing development, manufacturing, wholesaling, assembling, testinp and fabrication of products and office or administrative incidental to industrial use. In addition, certain commercial, service-related uses may be permitted, such as banks, personal services, day-care centers, and laundry and dry cleaning, and more specifically defined in the City's Land Development Regulations. Property designated Industrial is to be used in an industrial park arrangement. Development of such areas will promote a well landscaped environment with internal circulation and buffering from existing and future surrounding land uses. The compatible zoninp districts for this catepory shall be the M1 and M1A zoning districts. A!/&, - PGi? - EE Industrial shall be located outside environmentally sensitive habitat, and located in areas that are accessible to maior or minor arterials, where water supply and wastewater collection services are provided, where police and fire service are provided economically, and where the industrial uses are adequately buffered from residential categories. Industrial land uses x&&ies will be limited in intensity to a maximum lot coverage of 60% of the site and a maximum building height of 50 feet. The land development regulations may ' further restrict intensities. Policv 1.1.1.10.: Public/Institutional (P): The j Public/Institutional category is intended to denote areas where existing and proposed public and institutional facilities such as schools, libraries, fire stations and government offices are allowed. The conipatible zoning district for this category shall be the P/I zoning district Among the sites designated are the existing City Hall at the intersection of Military Trail and Burns Road, existing school sites, and the Palm Beach Community College and North County Courthouse on PGA Boulevard. Thee-wm The uses permitted in the Public/Iiistitutioiial category shall be limited in intensity to a niaxiinum lot coverage of 40% of the site and a inaximuin building height of 50 feet. Public and institutional uses are allowed in all land use categories subject to limitations and location4 criteria identified in this Plan and/or outlined in the Palm Beach Gardens Zoning code. pees- Publich&t&em i and institutional uses will be approved as conditional uses pursuant to the Palm Beach Gal-dens Zoning Code if the specific rules and location criteria governing n,q tl-n &&* ;e Lad-Wkw- & ... ~ FUTURELANDUSE 1-7 individual conditional uses are complied institutional uses will not be allowed in w ater/w as t ew ater treatment plants. Policy 1.1.1.11.: RecreatiodOpen Spz The Recreation and Open Space PAX parks and recreation complexes, and district for this category shall be the P/I These recreation and open mace uses coverage of 40% of the site and a regulations may further restrict intensities. Policy 1.1.1.12.: Commercial Recrea t'on (CR) : i .* with. Certain intensive public/- and residential areas, such as l+md+i& landfills, airports and ce (ROS): category dm-gi&m is intended to denote where public protected open spaces are allowed. The compatible zoning zoning district wAw&es will be limited in intensity to a maximum lot maxmum building height of 45 feet. The land development . .. 1 is intended to reflect e commercial recreation facilities that meet a portion or Planned Unit Development. These commercial recreation uses coverage of 40% of the site and a 1 will be limited in intensity to a maximum lot building height of 45 feet. The land development Policy 1 .I .1.13. : Conservation (CONS development, such as passiv categorv. The intent of the 01- ecotourism activities are permitted within this category is to ensure that areas designated WNS I FUTURE LAND USE 1-8 Development within areas designated €%I?% Conservation shall not exceed a density of 1.0 dwelling unit per 20 acres. Any development that does occur should preserve environmentally sensitive areas by clustering development as appropriate. Policv 1.1.1.14.: Golf (G): The Golf 6 category portrays areas specifically intended or used for golf courses. This dexgm&m category can include public and private golf courses. Although typically compatible with Publidlnstitutional zoning district in the case of a public golf course, the compatible zoning district for this category as it applies to a private polf course is PCD or PUD. Policv 1.1.1.15.: Mixed Use Development (MXD): The MXD Mixed Use Development dwgmfxm category is designed for new development which is characterized by a variety of integrated land use types. The intent of the &&wt category is to provide for a mixture of uses on single parcels in order to develop sites which are sensitive to the surrounding uses, desired character of the community, and the capacity of public facilities to service proposed developments. This future land use &-mgmhm catepory is also intended to foster infill and redevelopment efforts, to deter urban sprawl and to encourage new affordable housing opportunities, as well as lessen the need for additional vehicular trips through the internalization of trips within a neighborhood or project. To create a functioning, multi- faceted type of development, mixed use developinent is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where the impacts froin differing uses are mitigated through site design techniques, and where impacts from differing uses are expected to benefit from the close immediate proximity of complementary uses. All requests for development approval based on a mixed use concept must be able to demonstrate functional horizontal integration of the allowable uses, and where applicable, vertical integration as well. The compatible zoning district for this category shall be the Mixed Use Development zoning district. The Mixed Use Development category is a site specific designation and shall be have frontage on at least one arterial. The following are the miniiiiuiii criteria to be used for development of sites designated as Mixed Use Development MXD: 1. A Mixed Use Development MX3 shall be developed as a Planned (hnmunity District or a Planned Unit Devel opinen t. How ever, land devel opin en t regulations adopted to implement this Comprehensive Plan shall maintain mixed-use supplemental regulations to provide further criteria for the developinent of sites with fb4xB Mixed Use Development Future Land Use categories de++y&mm, including parking requirements , p erni i t t ed u s es , setbacks an d other cons i d el-a t i o n s . 2. MM3s Mixed Use Developineiits shall have frontage on at least one arterial. The City’s Conceptual Thoroughfare Plan shall be acxxmmew utilized to determine te expandsion of the roadway network through the provision of new local streets which serve new neigliborhoods in the City’s developing areas. I !a FUTURE LAND USE 1-9 3. MX& Mixed Use Developments Future Land Use Categories these uses, unless it is determined meets the criteria below use may comprise more thar. have varying characteristics, flexibility in terms of mini-num measures apply only withir Council may waive the buildings located at the A. Critiera for a Non-Residential Mixec The City Council may Mixed Use Development 1. The parcel represents by non-residential as canals and majyr 2. The densityhnte sity of existing or future land uses immediately surrounding-the rcel are compatible with non-residential uses. shall include a minimum of two (2) of the other described in this element. Residential must be one of by the City Council that the proposed development established to waive the residential requirement. No single 60% of the area. Recognizing that mixed use projects intensity measures are indicated below which provide and maximum land allocations. These intensity MX3 Mixed Use Development projects. The City max:mum nonresidential height limit for employment center intersection of two arterials. Use Development MXD: waive the mandatory residential requirement for any MXI3 that meets any two of the following conditions: in-fill development and is surrounded on three sides land uses including man-made and natural barriers such arterial roadways. 3. The adjacent s rrounding planned and approved or existing built environment is 'b ver 60% residential, and non-residential uses are determined to pro] 4. Due to size or d economical I y feaz functions to enhar W uses is limit B. General Mixed Use FtWw-Laiid Use Mixed Use Developments MXQs Land Use Component Land Alloca Open Space Min 15% Neighborhood Mjii 2% Commercial Max 30% Residential High Min 20% Max 60% FUTURE LAND USE de for greater horizontal integration of uses. nfiguration of the parcel, the ability to provide an )le, sustainable, integrated residential component that e and compleinent the other Mixed Use Development :I. -&egwy Component Intensity Measures for Residential 0 I1 Lot Coverage Height Max 70% Max 4 FL Max 50% Max 4 FL 1-10 Residential Low ;e Min 0% Max 60% Max 50% Max 3 FL Employment Center Min 2% Max 70% Max 4 FL Max 30% The following design criteria are proposed to guide developers of mixed-use development to provide and utilize key design elements, defensible space techniques, pedestrian connectivity and scale, and accessible public open space. Staff is proposing to eliminate the existing language that attempts to guide developers of mixed use development. The current language impels the developer of mixed use to build two-story buildings with actual two story space. This provision is too specific for the Plan, and is not always practical in every development. To specifically address the elimination of this provision, staff proposes the City should encourage varying heights to create visual interest as a key design element to consider. In order to ensure that the combination of residential and commercial uses within a Mixed Use Development will create an aesthetically pleasing and livable environment, the followinp criteria provide guidance to property owners and developers of Mixed Use Developments. 1. Key design elements to consider are: following the existing architectural character of the neighborhood; providing. continuity of building scale and architectural massing transitioning to adiacent developments; providing detailed treatment of the street- level and upper-level architecture; and using buildings to define public spaces such as plazas, other open spaces and public parking. Where there are multiple buildings in a Mixed Use Development, the structure should be of varying. heights to create visual interest from the street. 2. Crime Prevention Through Environinental Design (CPTED) shall be utilized to minimize opportunities for crime and to increase public safety, 3. The site and buildings shall be desipied to provide direct and safe access between the site and adiacent land uses in order to provide convenient and pleasant pedestrian connectivity, and the site and building shall be built to a human scale for pedestrian access, safety and comfort. 4. Open space shall be accessible to the public. In addition, the open space areas should be surrounded by attractively designed buildings and landscaping elements as well as uses that effectively shape and energize the open space so as to create a focal point for activity. The location and design of open space is critical to ensure quality of open space. e Special Definitions: T&N e i gh b o r h o o d Coin in el- ci a1 1 and us e coin p on en t sh a 1 I be used for coin mu n i t y - s er v i n g . retail, service, office and business uses. At-kmt 51 0 FUTURE LAND USE 1-11 The Residential High land use shall have a maximum density c mu1 ti-faceted development. The High land shall not exceed the 6( The Employment Center land 11s and educational facilities, lig Employment Center lots shall ge The Open Space and Residential Future Land Use Element, with height requirements specified foi C. General Mixed Use F&w+Land 1 Residential Mixed Use Developments PI1 Land Use Component Land Alloca Open Space Min 15% Coininercial Recreation Miii 0% Coininercial Mil1 0% Max 30% Max 60% Indu s t ri a1 Min 0% Max 60% Ins t i tut i on a1 Mi11 0% Max 60% Professional Office Mill 2% Max 60% Please see the pi-eceding note in regar addition of new language below. FUTURE LAND USE omponent in Mixed Use Development MXB projects 15 unitdacre as a bonus for consideration of planned, irea allocated for Residential Low land and Residential 6 limitation, inclusive of both residential types. component shall be used for corporate offices, research : industry, hotels, warehousing, and similar uses. erally be grouped together. .,ow land use components are defined as set forth in the e exception of special land allocation, lot coverage and \Jon-Residential Mixed Use Developments ;e €&egwj Component Intensity Measures for Non- m on Lot Coverage Height Max 50% Max 4 FL Max 50% Max 4 FL Max 60% Max 4 FL Max 50% Max 4 FL Max 70% Max 4 FL ; to the eliininatio~i of the followiiig provisioii and the 1-12 In order to ensure the combination of commercial uses within a Mixed-Use Development will create an aesthetically pleasing and livable environment, the following criteria provide guidance to property owners and developers of Mixed Use Developments. 1. Key design elements to consider are: following the existing architectural character of the surroundinp neighborhood; providing continuity of building scale and architectural massing; transitioning to adiacent developments; providinp detailed treatment of the street-level and upper-level architecture; and using buildings to define public spaces such as plazas, other open spaces and public parking Where there are multiple buildings in a Mixed Use Development, the structure should be of varying heights to create visual interest from the street. 2. Crime Prevention Through Environmental Design (CPTED) shall be utilized, and encouraged to minimize opportunities for crime and to increase public safety, 3. The site and buildings shall be designed to provide direct and safe access between the site and adjacent land uses in order to provide convenient and pleasant pedestrian connectivity, and the site and building shall be built to a human scale for pedestrian access, safety and comfort. 4. Open space shall be accessible to the public. In addition, the open space areas should be surrounded by attractively designed buildings and landscaping elements as well as uses that effectively shape and energize the open space so as to create a focal point for activity. The location and design of open space is critical to ensure quality of open space. Special Definitions: Land Uses components such as Open Space, Commercial, Professional Office, Residential High and Residential Low are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements sp eci fi ed for N on- Resi cleii t ial Mixed Use D evelopment s MXl3 The individual uses, buildings and/or development within Mixed Use Developments -W shall include interconnecting pedestrian ways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi-modal accessibility. ,a FUTURE LAND USE 1-13 Staff is proposing the policy below Categories in the preceding objecthe designated overlays on the Future Land single objective, rather than througho.it discussed later in the Element, howe\.er, the Future Land Use Map, and exp1air.s MacArthur Boulevard Historic Over Western Northlake Land Use Study Plan. Staff proposes basic language to within the existing definitions. Policy 1.1.2.2.: Bioscience Research Future Land Use Map includes land Bioscience Uses, as well as other Uses ” means those land uses that theoretical and applied research in Bioscience Uses shall include Overlay (BRPO): The area designated on the determined to be appropriate to accommodate industry sectors. “Bioscience research, including :o create the distinction between the Future Land Use and the City’s overlay designations. The City has Use Map that staff proposes to be recognized within a the Element. The overlay designation may be further this objective recognizes each overlay contained on the reason for its special concern. Staff notes that the ay, the Northlake Boulevard Overlay Zone, and the A::ea were not recognized in the existing definitions in the recognize them along with the other overlays that were FUTURE LAND USE 1-14 support such research. Bioscience Uses shall also include laboratories, educational facilities, and clinical research hospitals. Office uses, limited support uses, and retail uses accessory to scientific research and development, and workforce residential uses which support such research shall be considered Bioscience Uses. City Council shall have the discretion to approve uses that support sustainability or uses that provide supportive or secondary services that are determined to promote the creation of the cluster, which shall be considered accessory uses, including, but not limited to, conference/hotel facilities, transit uses, or residential uses that provide a workforce or attainable component. Policy 1.1.2.3.: Northlake Boulevard Overlay Zone (NBOZ): A Northlake Boulevard Overlay Zone (NBOZ) shall be maintained on the City’s Future Land Use Map. The NBOZ shall apply to all properties alonp Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Military Trail. Policy 1.1.2.4.: Western Northlake Corridor Land Use Study Area (WNCLUS): Policy 1.1.2.5.: MacArthur Boulevard Historic Overlay (MBHO): The City shall protect MacArthur Boulevard as a historic gateway into the City through the protection of the banyan tree(s) and linear greenway. Policy 1.1.2.6.: Interchange (0): The Future Land Use Map designates eight interchanges within the City. Six Five of the interchanges shown on the map are existing: PGA Boulevard and Alternate A1A; 1-95 and Northlake Boulevard; 1-95 and PGA Boulevard; 1-95 and Military Trail; 1-95 and Donald Ross Road; and the Turnpike and PGA Boulevard. T%&G%B* nT f% Two future interchanges shown for 1-95 and Central Boulevard, and Northlake Boulevard and the Turnpike will not be needed within the first five-year planning timeframe. However, they are designated in oi-dei- to anticipate their right-of-way requirements construction and to recognize their potential impact on surrounding huture land uses. la .. Policy 1.1.2.7.: Urban Growth Bountlarv (UGB): The City designates on the Future Land Use Map an Urban Growth Boundary (UGB) which generally coincides with the eastern boundary of the Lox aha t chee S lou ph . Policy 1.1.2.8.: Parkway System (0000): The Parkway System dmgiwt~m is shown along some of the major arterials within the City. The intent of the Parkway System de+igx&m is to identify and preserve a corridor of between 300 and 400 feet within which the arterial roadway can occui- along with bikeways, pedestrian paths, native vegetative greenways, linear parks, and landscaping. The Parkway System cross-section will provide an aesthetically pleasing buffer between highly traveled arterials and sui-rounding residential areas, as well as a safe byway for alternative modes of transportation. The Parkway System has been designated as an urban coinponent of the Florida Greenway System. It is described in more detail in the Coiisei-vation and Transportation Elements. i FUTURE LAND USE 1-15 One major objective of daqp&mg the Parkways System is to eliminate the perceived need of using strip commercial as a buffer between arterials and residential areas. Therefore, the Parkway System concept is integrated into the philosophy of designating commercial and employment areas at intersections or "nodes", eliminating the need for strip commercial use. Staff is proposing to study an opportunity for a new overlay, specific toward creating transit ready corridors in areas that have regional transit significance. The goal of this overlay is to prepare for increased demand for transit and developing corridors that are supportive of the specific needs of transit. This overlay should not overlap the existing Parkway Overlay, as it may have concepts not currently supported in the Parkway Overlay, such as encouraging walkable street blocks, increased emphasis on pedestrian amenities, and the presence of a st,rong street frontage. 1 Policy 1.1.2.8.: By December 3 1, 201 1, the City shall conduct a study that considers adoption of a new overlay specific toward the goal of creating transit ready development. The study shall identify maior corridors which intercom ect prominent north-south and east-west traffic patterns within the City, as well as connections with regional corridors from adjacent municipalities and shall identify land development regulaticns to encourage multi-modal transportation choices. Staff is relocating the Goal below to page 1-1, in order to incorporate the existing land use definitions within the Goals, Objectiv services, protects environm eastern portion of the City. s, and encourages infill and redevelopment of the tYMe&bHh&mqmkA a. Regulate the subdivision of land; b. Regulate the use of land and compatibility of adjacent land us( FUTURE LAND USE water consistent with this element and ensure the s and provide for open space; c. Protect areas designated Conservation on the Future Land Use Map and hrther described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; d. Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; e. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; f. Protect potable water wellfields and aquifer recharge areas; g. Regulate signage; h. Ensure safe and convenient on-site traffic flow and vehicle parking needs; 1. Discourage urban sprawl through the following strategies: (1) establishing moderate densities and varied housing opportunities in urban areas (2) mixed-use and clustering requirements (3) promoting urban infill development and redevelopment (4) 1 ocat i ond r equi r ern en t s distinct urban and rural (5) e&&h&mg maintaining a tte- .. service areas (6) directing public investment to existing urban areas, and ( 7) ann ex at i o 17 and extra t erri tori a 1 p I ann i n g agreein en t s . j. Require landscape buffers and gardens using predominately native species and other appearance measures to maintain a high visual quality and utilize xeriscape techniques; k. Provide that development orders and permits shall not be issued which result in a reduction of the levels of service for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; 1. Provide for the assessment of impact fees or dedication of land and facilities to off-set costs assumed by the City or other governmental agencies for the provision of facilities or (0 FUTURE LAND USE 1-17 services required by new develodment; and one unit per twenty acres; one unit per ten acres; FUTURE LAND USE I 1-18 0 4. 7 w 7no J" {, 0 FUTURE LAND USE 1-19 FUTURE LAND USE i II Policy MA+k 1.1.3.3.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. The intent of a Planned Community District (PCD) is to permit a large area to be developed under one master plan that includes different land use types at several different levels of intensity. Collector roads and development "pods" are shown as part of the master development plan. Supporting documentation is also included which describes the development intensities assigned to each pod and any restrictions in use or site design requirements. The pods are then developed as individual site plans. Staff proposes language to clarify that the bonus density represents a total density granted, and not a bonus in addition to the base density. Therefore, the Residential Low bonus for PCD's is 1 additional unit per gross acre, combined with the base density of 4 units per gross acre, for a total of 5 units per gross acre. Also, staff is removing the reference for Rural Residential and Residential Very Low density bonuses, as the existing totals are equal to the existing base densities. Currently, no density bonus exists for these land use categories, and the referelice to them should be removed from this policy to avoid confusion. b. Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the underlying Future Lalid Use designation of the area. For the purposes of this Coinprehensive Plan, tlie City Council may approve a bonus density totaling up to tlie following &tws gross densities for areas developed as PCDs: It i! t 0 FUTURE LAND USE 1-21 C. d. e. f. Residential Low (RL): Up to 5. units per gross acre. F Residential Medium (RM): Up t 9.0 units per gross acre. i Residential High (RH): Up to 1 .O units per gross acre. 1 In addition to the above, P may have densities permitt of density allowed for ev the PCD up to a maximu over and above the minimu with standard PCD requir In addition to the above, may have densities permitted affordable housing, as de density bonus for Assiste High Hazard Areas that a Through the PCDs flexi intensities described previously. Site plans for pods whi developed according to Community District ma an underlying Future Land Use designation of RH .O units per gross acre, based on one additional unit ative ecological habitat put into a preserve within its per gross acre. These preserve areas would be ation and open space areas provided in accordance must be incorporated into the Parkway system. n underlying Future Land Use designation of RH 15.0 dwelling units per gross acre for the provision of Ian. Parcels within PCDs may be eligible for a ties pursuant to Policy 3.1.4.6., except in Coastal 1 Hurricane Evacuation Zones. ouncil may grant waivers to the non-residential within Planned Coininunity Districts shall be intensities assigned to thein under the Planned I /aff proposes similar changes to this dolicy as in the PCD policy above. Policy 4-JA-kk 1.1.3.4.: The City for a Planned Unit Development maintain land development regulations whicli provide technique which shall implement the following The intent of a Planned Unit (PUD) is to ensure the desired character of the community is furthered or sites within the City, particularly 011 sites where the Master plans for Planned Unit Developments all local roads and landscaping plans. indicates, at a minimum, a. and industrial PUDs. concepts : FUTURE LAND USE 1-22 following bonus densities for areas developed as Planned Unit Developments: Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. c. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Policy W 1.1.3.5.: The City shall maintain development regulations which address the location and extent of non-residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities, and intensities of land uses contained in this element. Policy &4-&7+ 1.1.3.6.: The City shall ensure the availability of suitable land for public and institutional uses necessary to support development by: I. Designating land on the Future Land Use Map for publicliiistitutioiial use. The City shall support and facilitate coordination of school planning with the School District of Palm Beach County for the location and development of public education facilities. The City shall identify sufficient land to accoinniodate Public Eclucatioiial Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requii-eiiients for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accoininodate all needed utilities, support facilities and adequate buffering of surrounding land uses. 2. Allowing public/iiistitutioiial uses in certain land use categories subject to limitations and location4 criteria as identified in this Plan. Such location4 criteria shall include the fo I 1 owing stand a r d s : (a) Public/Institutioiial buildings shall be specifically prohibited in areas d esi gnat ed as Cons erv a t i on and other envi 1-0 nni en t a 11 y s ens i ti v e 1 an tl s , including wetlands, 100-year floodplains, groundwater aquifer recharge areas, areas set aside by developinent to meet the 25 percent presei-vation (0 FUTURE LAND USE 1-23 of native ecologic Public/Institutiona area and shall me€ (b) Public/Institt adequate transpod adopted level of s be given to the IC and arterials as m: (c) Public/Instituti coverage of 40% unless the propert the provisions of intensity limitatic maximum buildin (d) Schools shal designated with ai RM, RH). Furth and be allowat public/institutiona uses such as, lit considered comp: all non-residenti: specifically pro Public/institutionz Unit Developmen plan approval an( Plan. (e) Pub 1 i c/Ins t i tu 1 shall be set back glare and lights sk in the front, 15 fec 5 feet. Buffers char act eris ti cs of recreational facili buffered on the p: Communication consist en t with Development Reg (f) Landfills, air1 allowed in resid FUTURE LAND USE communities and wildlife habitats. New or Expanded Facilities shall not be encouraged within the coastal he requirements of the Coastal Management Element. mal Uses shall be located in areas where there are ion facilities to support the proposed use based on the vice standard for traffic circulation. Preference shall ition of such uses and facilities along City collectors be appropriate. la1 Uses shall be limited in intensity to a maximum lot ' the site and a maximum building height of 50 feet, s specifically designated as Mixed-Use, in which case 'olicy -ll) 1.1.1.15 CC) shall apply, and the ~ shall be a maximum lot coverage of 50% and a ieight of four (4) stories. be considered as compatible and allowable in areas residential land use category (RR20, RRIO, RVL, RL, schools shall be considered public/institutional uses within areas designated industrial (IND) and P/I) on the Future Land Use Map. Other institutional ries, fire stations and government offices shall be Ae in medium and high density residential areas and land use categories in which such uses are not 7ited as cited in this comprehensive plan. uses may be permitted within all residential Planned and Planned Coininunity Districts, subject to master imitations and location4 criteria as identified in this 0 nal Uses shall be buffered fi-oin adjacent land uses and *om adjacent roadways. Buffering for noise, odors, 1 be provided. Setbacks shall be a miiiiinum of 25 feet n the sides and rear and buffers shall be a niiniinuni of iiid setbacks may be increased depending on the 5 proposed public/iiistitutioiial use. Stadiums, outdoor :s and similar support facilities shall be located and iosed site to inininiize iinpacts on adjacent properties. Ners on school or other public property shall be ; siting and safety criteria contained in the Land ations and shall require City Council approval. ,ts, and watedwastewater treatment plants shall not be tial areas and shall require a compi-ehensive plan 1-24 I amendment to the Public/Institutional (P) land use designation prior to zoning and site plan approval. Staff proposes a second Goal specific toward encouraging development and redevelopment activities. Many of the corresponding objective and policies currently coi-1-espond to the existing Goal 1 .I ., however, they do not directly relate to Future Land Use Categories. (8) Public/Institutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satisfy current and projected site-generated vehicular demand. (h) Schools shall be encouraged to locate proximate to residential areas and serve as community focal points. The City shall encourage the co- location of other public facilities, such as parks, libraries, and community centers, in proximity to schools. Policy WJAk 1.1.3.7.: The City shall evaluate whether #-s ~ feasible to further simplify and streamline the existing regulatory programs of the City, and shall continue existing mechanisms to monitor the effectiveness of the regulatory programs. At a minimum, land development regulations shall be evaluated every five years, coinciding with the EAR-based amendments to the comprehensive plan. Staff proposes to consider adding Floor Area Ratios (FAR) to the Land Development Regulations in order to provide a more comprehensive controlling mechanism to guide development. Cuirently, the City utilizes height, lot coverage and setbacks to restrict land development intensity. However, the use of FAR is encouraged to better define the accepted bulk of a building, versus relying on the other constraints. The City will continue to utilize I height restrictions and setbacks Policy 1.1.3.8.: Floor Area Ratio. By December 31, 2009, the City shall consider adopting Floor Area Ratios (FARs) for all applicable zoning categories in the City's Land Development Regulations. FAR generally shall be defined as the sum of the gross horizontal areas of the several floors of a building or buildings measured fiom the exterior surface of the walls divided by the land area of the site. This inatheinatical expression (gross floor area + land area = floor area ratio) shall determine the maximum buildin? size permitted. a Objective LKk 1.1.4: Th42~kMaintain land developinent regulations containing standards and provisions wkieh & encourage the eliinination or reduction of uses inconsistent with the City's character and future land uses. Policy -Ml+ 1.1.4.1.: inconsistent with the Future Land Use Plan shall be prohibited. Expansion or replacement of land uses which are mcemp&& Policy LGKk 1.1.4.2.: Regulatioiis for buffering incompatible land uses shall be set forth in the City's land development regulations. , GOAL 1.2.: ENCOURAGE DEVEL WHILE ENSURING THESE COMMUNITY, HAVE A CONSISTENT THREATEN EXISTING ENVIRONMENTAL RESOURCES. protection of natural resources is ensured and described in this element. 3PMENT OR REDEVELOPMENT ACTIVITIES ACTIVITIES PROMOTE A STRONG SENSE OF QUALITY OF DESIGN, AND DO NOT NEIGHBORHOOD INTEGRITY AND HISTORIC AND Policy &l&k 1.2.1.2.: Species o Elements of this Comprehensive Pla shall be protected through the develo Policy LL?&k 1.2.1.3.: The Cit recharge areas through the iinple Ordinance. Policy &MA+ 1.2.1.4.: Proposal by the Federal Emergency Man development in such areas. Policy LK~s~s 1.2.1.5.: The Cit require that development is cai-rie natural drainage systems, iiicludi consistent with South Florida Wat 40E-4,40E-40, and 40E-400, F.A.C. Policy 3A24k 1.2.1.6.: The ner of any site shall be responsible for the inanageinelit of run-off consisten als, objectives, and policies of the Storinwater Man agein en t Sub - El em en t o f t hi s a and fauna listed in the Conservation and Coastal ndangered, threatened, or species of special concern review and approval process. protect potable water wellfields aiid prime aquifer n of the Palm Beach County Wellfield Protection lopinent within the 100-year floodplain as identified gency shall conform with local regulations for n t a i n s t orinw a ter in anagein en t regu 1 a ti ons which nanner that recognizes aiid preserves the region's ahatchee Slough and interconnected flow-ways, eiit District rules and regulations found in Chaptei. 0 Policy M43k 1.2.1.7.: The City shal maintain development regulations containing specific standards and criteria designed to prot ct environmentally sensitive lands consistent with the goals, objectives and policies of the Con ervatioii Element. d FUTURE LAND USE 1 1-26 Policy k&Mk 1.2.1,S.: The City shall adopt regulations consistent with the Palm Beach County - 3h cDt.€&y which restricts marine- oriented uses as follows: New multi-family projects with marina facilities and new dry storage facilities are not permitted. The total number of new wetslips per jurisdiction are limited to a maximum of 50 slips, provided that the local government has demonstrated a need for additional public access in the comprehensive plan. One additional single-lane public boat ramp with a limit of 15 parking spaces for vehicles having a trailer may be permitted per jurisdiction, provided that the local government has demonstrated a need for the additional public access in its comprehensive plan. .. .. Staff proposes the policy below to encourage sustainable development and redevelopment by encouraging LEED and other green building certification Policy 1.2.1.9.: The City shall encourage the certification by Leadership in Energy and Environmental Design (LEED), US Green Building Council (USGBC), and other comparable certification bodies for all new development and redevelopment. -. Objective LLk 1.2.2.: -Issued - development orders and permits for development and redevelopment only in those areas where suitable topography and soil conditions exist to support such development. . .. Policy GKLk 1.2.2.1.: All proposed development of other than individual residences shall include a soils analysis prepared by a professional licensed to prepare such an analysis which shall include the ability of the soil structure to support the proposed development or provide mitigation in the event the soil structure does not support the proposed development. 0 Policy -W 1.2.2.2.: All proposed development shall be located in a manlier such that the natural topographic features of a site are not adversely altered so as to negatively affect the drainage of neigliboi-ing properties 01- visual aesthetics of the area. Objective 1.2.3.: - *)emit +fel-&YebpH-leIhl& --- *Jssued developincnt orders and permits for developnient and redevelopnient activities only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Iinprovenients Element of this Comprehensive Plan) are available concurrent with the impacts of development. Policy W 1.2.3.1.: The City shall maintain development regulations to provide that public facilities and services be available concurrent with the impacts of developinent to meet the level of service standards established in the Capital Improvements Element of the City's Comprehensive Plan. Concul-rency Management System requirements shall include the following: ; FUTURE LAND USE 1-27 1) Demonstration that the impacts from of service standards in the City. 2) Determination of concurrency prior permit. 3) Certification of concurrency shall be order; this may be in the form of certificate or certificate of conditional concurrency 4) Certification of concurrency shall be any amendments thereto, otherwise the not granted, the concurrency certificate activity can occur without obtaining an Policy GL4A 1.2.3.2.: Public facilities a. Maximize the use and efficiency b. Minimize their costs; c. d. Maximize consistency with the Minimize their impacts on the Plan. Staff proposes to relocate the policy belo to the proposed Objective 1.3.7., a new objective only regarding annexation a proposed development comply with the adopted level 50 the processing of the application for a development secured prior to an applicant receiving a development of exemption, certificate of concurrency reservation, reservation. .dalid for the time set forth in the development order and certificate is valid for two years. If a time extension is shall automatically expire, and no further development appropriate concurrency certificate. and utilities shall be located to: 3f services provided; naxral environment; and goals, objectives, and policies of this Comprehensive .. l%lWtf$m- FUTURE LAND USE 1 1-28 Policy W 1.2.3.3.: The City shall consider appropriate means, such as bonding through the Northern Palm Beach County Improvement District, to guarantee that the rights-of-way/easements required for Parkways are identified, acquired, and improved. Policy W 1.2.3.4.: The City shall encourage partnership between the private and public sector in the provision of public facilities. Objective &k% 1.2.4.: - Ddirected future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Policy 4.1.5.1[ +k l.2.4.1.(a).le: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south, the eastern boundary of the Loxahatchee Slough to the west, wh&-pmd!y come&-&& ths 2- ~f tke and generally the northern alignment of the Donald Ross Road extension, land development 1'2 1 .. .. the City shall impose the following requirements, and shall maintain, regulations necessary to implement these requirements. 1, All proposed development shall include a minimum of 250 acres which sliall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver from the ininiinuin size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCDs in this area shall not exceed the maxiinuin density permitted under the land use category. 4. Up to 2% of the gross land area of a PCD inay be developed for commercial or office use. 5. Up to 5% of the gross land area of a PCD may be developed for commercial or office use 10 FUTURE LAND USE ': 1-29 6. 7. 8. 9. if significantly large areas (10 within the PCD over and ab0 required as a minimum. Such h large areas, rather than scatter system. If the entire area covered in thi5 plan, an additional 50 acres of c 2% and 5% criteria described pr Up to 2% of the gross land area All PCDs shall be subject to the Palm Beach Gardens as describ el emen ts. The master development plar Conceptual Thoroughfare Plan. Policy 1 .I 5.1 .(+& 1.2.4.1 .(a).2.: (Loxahatchee Slough), the City shall ir development regulations necessary to ii 1. Development shall be consiste services consistent with the ac proposed development shall in( either: 1) Planned Communitj development p 1 an in d i cat i n g a1 . which describes what the develc 2) Planned Unit Development landscape plans, and all propo within PCDs shall be subject tc PCD master plan documentatio granted by the City Council fo The City Couiicil inay also g properties, of less than five acrt designated Conservation on th related to conservation purpose: 2. In d i vi du a 1 d eve1 o pin en t "PO d s which shall include, at a minir roads. 3. The overall density of PCD/PI permitted under the land use cat FUTURE LAND USE or more) of native ecological habitats are preserved those preserve or open space areas which may be itat preservation areas shall be confined to only a few throughout, and shall be connected to the parkway ilicy is developed under one PCD master development imercial land use may be permitted over and above the iousl y. a PCD may be developed for industrial uses. ovisions of the Conceptual Linkage Plan for Northwest in Future Land Use, Transportation, and Conservation ;hall be consistent with and implement the City's r all properties west of the urban growth boundary ose the following requirements, and shall maintain land lement these requirements. with rural densities and intensities and shall receive lted level of service standards for the rural area. All de a minimum of 250 acres which shall be rezoned to listrict (PCD) and contain, at a minimum, a master roposed collector roads and supporting documentation nent is to include and how it is to proceed (phasing); or 'UD) which shall include, at a ininimum, site plans, 1 collector and local roads. All site plans developed ie densities and intensities assigned to them under the A waiver froin the ininiinuni size threshold may be xisting parcels of lesser size as of February 19, 1998. it a waiver to allow government entities to develop west of the City's urban growth boundary if the site is ;uture Land Use Map and if the site is restricted or assive recreation use, or pedestrian trails. itliin an approved PCD shall undergo site plan review in, site plans, landscape plans, and all proposed local 1s in this area shall not exceed the niaxiinum density 9ry. 1-30 I 4. Site design shall be sensitive to the natural resources and environmental characteristics of the property. 5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation el em en t . 6. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 4,L5.2.(& 1.2.4.1.(b).: A land use overlay is hereby established and depicted on the Future Land Use Map. This Density Reduction Land Use Overlay shall reduce the density potential within the residential area of what is commonly referred to as TAZ 848 by fifty percent, resulting in a maximum gross density potential of two dwelling units per acre, with no provision for a density bonus. Although a variety of uses and use intensities may be approved as part of a residential PCD, the gross density shall be consistent with the density restrictions of this Overlay and shall not exceed the impact of that generated by two dwelling units per acre. Development within the Overlay shall be clustered to the least environmentally sensitive areas and shall be supported by adequate facilities. The regulations and requirements of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay, including Policy lH-S+ij 1.2.4.1 (a). Policy 1-k 1.2.4.2.(a).: For those areas wliich were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain, land development regulations necessary to i in pl em en t these r eq u i rem en t s . 1. AI1 proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimuin, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to thein under the PCD inastei- plan documentation. 2. With City Council approval of a density bonus, the ovei-all density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as IIL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units pei- acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and FUTURE LAND USE 1-31 preserves, are preserved with for each 10% of habitat wh These preserve areas would areas provided in accordanc Parkway system. Up to 3% of the gross lan commercial or office use. commercial uses as they district. Up to 5% of the gross lan or office use if significantly addition to the otherwise PCD over and above tho minimum. Such habitat pr be connected to the Par commercial uses as they If the entire area design Central Boulevard betwe development plan, an ad and above the 3% and 5 All PCDs or PUDs shal f the Conceptual Linkage Plan for Palm Beach Gardens Land Use, Transportation, and Conservation element. CD. One additional unit of density may be allowed eserved, up to a maximum of 15.0 units per acre. d above the minimum preservation and open space dard PCD requirements, and must be linked to the 4. residential PCD or PUD may be developed for ever, these uses shall be restricted to neighborhood in the City's least intensive commercial zoning 5. sidential PCD may be developed for commercial areas (10% or more) of native ecological habitats, in space and preserves, are preserved within the open space areas which may be required as a s shall be confined to only a few large areas, and These uses shall be restricted neighborhood e City's least intensive zoning district. the Future Land Use Map on the west side of Boulevard is developed under one PCD master of commercial land use may be permitted over 6. 7. 8. The inaster developiii with and implement tlie City's Conceptual Thorough Policy 4.1.5.2.(b+ 1.2.4.2.( Donald Ross Road to the Central Boulevard to the in ai n t a i n 1 and development 1. All proposed devel 1) Planned Coininunity District (PCD) and contain, ent plan indicating all proposed collector roads and scribes what the developinent is to include and how nn ed U nit D eve1 opm en t (PU D) which shall include, lans, and all proposed collector and local roads. A hall be subject to the densities and intensities assi ated within that area bounded by , Alternate AIA to the east and 11 owing requ i rem en t s , and sh a1 I do cum en t at i on. 2. With City Council approval of a1 density bonus, the overall density of PCDs or PUDs in I 1-32 FUTURE LAND USE this area shall not exceed: 5.0 units per gross acre for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system where possible. These uses shall be restricted neighborhood coininercial uses as they are defined in the City's least intensive zoning district. 6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Co 1.1 s erv a t i on el em en t . 7. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy L&&k 1.2.4.3.: For that area designated as Industrial on the Future Land Use Map bounded by PGA Boulevard to the south, the Florida East Coast Railroad to the cast, and 1-95 to the west, the City shall impose the following requirements, and sliall maintain land development regulations which are necessary to implement these requirements: 1. No vehicular access shall be permitted across the north boundary of the site. 2. Site design shall incorporate significant setbacks from the r . surface water area forinally designated open space (ROS), which separates the parcel froin those to the north, and include buffering techniques to mitigate impacts on adjacent land uses. Policy 1.1.5.4.(s+ 1.2.4.4.(a).: The City shall maintain planned development area (PDA) (0 FUTURE LAND USE 1-33 FUTURE LAND USE 1-34 0 1 I i I ~ ~~ Staff proposes to eliminate the policy on the next page because the location and acquisition of a district park has been accomplished. The hnding strategies shall be determined by Palm Beach County, as they are funding 100 percent of the district park. Policy W 1.2.4.7.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations, made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These legal nonconforming uses will not be allowed to expand, will not be allowed to be moved or relocated, will not be allowed to be reestablished if ceased for a six (6) consecutive month period or eighteen (18) months within a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land-use is not exceeded and confoimity with the current Land Development Regulations will be required. Policy &k%k 1.2.4.8.: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the ZFl-5 Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catcliment Area; east of the J.W. Corbett Wildlife Management Area and Seininole Pratt Whitney Road; and north of the southei-n boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hainlin Boulevard. Tlii-o~gh an interlocal agreement, the City, Palm Beach County and the City of West Palin Beach shall provide fol- a means of iiitei-govemmeiital cooperation in wqAeme&mg revising the recoininendations of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The pwkem revisions to & this interlocal agreement shall establish a procedure for heightened review of local land use change pet i ti 011 s and d ev el o pin en t p erin i t appl i cat i om. Policy 1.2.4.9.: By December 31, 2010, The City shall assess the City’s existing design guidelines to assess the architectural character and coininunity appearance of future land developineiit and redevelopment in the City, consistent with Section 163.3 161 (7), Florida Statutes. Policy 1.2.4.10.: By December 3 1, 201 0, the City shall research opportunities and adopt incentives for rehabilitation or upgrading of landscaping or buildings on existing properties having non-conforming lot sizes. FUTURE LAND USE 1-35 Objective 1.2.5.: Maintain land development regulations which identified in the City. FUTURE LAND USE ,I 1-36 1 I.l.".d.. 1 6 2 . Th- I11b Pit,, UIL ~~~@&fl~~ Staff proposes the addition of a third Goal. The corresponding olicies address the need to promote livable communities, which include issues as they re1 te to land use, such as economic development, transit oriented development, and sustainable gr d' wth and building green. Policy 4&6& 1.3.1.3.: New corninercial properties slid1 intersections rather than strips. encouraged, including residential, and parks and open space. Policy W 1.3.1.4.: PGA Boulevard shall be developed as Gardens using the following techniques to ensure sustainability: a. Following completion of the PGA Boulevard/Alternati: A mix of uses within Objective MAS 1.3.1.: base by promoting com utilities and services to stimulate such growth. xpanded the City's economic anned and illustrated on the be developed in nodes, at corninercial developments shall be the "Main Street" of Palm Beach A 1A urban interchange, a new Staff proposes to relocate the policy below to the proposed Obj ctive 1.3.7., a new objective only regarding annexation on page 1-4 1. FUTURE LAND USE 1-37 CRALLS (Constrained for PGA Boulevard shall be wer Level of Service) Level of Service Standard ined in coordination with Palm Beach County, the Transportation with the b. The City shall maintain the utilization of landscap setbacks to emphasiz land uses and as a ce Policy W 1.3.1.5.: Th roactive efforts to expand the economic base of the City, working within th ing economic agencies and groups, such as the North County Mayors Ec t Group, the Palm Beach County Business Development Board and C lopinent Department. Strategies shall include considering the creation of opment Advisory Board to create an economic element of the comprehens munication and forging alliances with major property owners in order attracting new businesses; accelerating the development approval pr evelopinent of distressed properties; and maintaining points of cont design guidelines as regulations which require the ps, pedestrian walkways, bikeways, buffers, and ons of PGA Boulevard as a divider of different Objective 4443s 1.3.2.: tion with affected and appropriate governmen put into the planning and development process a of future development and redevelopment activities. Policy &€&k 1.3.2.1.: Palm 3each County Co Policy &L€Lk 1.3.2 Palin Beach Countywide In t ergovernm en t a1 Coo egional Planning Council to settle land use disputes or unincorporated areas. Policy MdKk 1.3.2.3 its shall be coordinated, as required, with Palin B n t yw ide Inter governiiient a1 Coordination Progra cil, South Florida Water Management District y's Comprehensive Plan shall anner consistent with the Objective 3AAk 1.3.3.: Tk€& In oordination with the Northlal<e Boulevard Corridor Task Force,--sM pursue various means to encourage improvement, enhancement, renovation or redevelopment of the lder properties along Northlake Boulevard, east of Military Trail, and thereby arrest a ecline in the quality of land uses and the consequent negative impact on taxable values and r the overall aesthetic appearance of the corridor. I FUTURE LAND USE Policy W 1.3.3.1.: A Northlake Boulevard Overlay depted maintained in the City’s zoning r Official Zoning Map. The NBOZ shall app of Military Trail, for one property depth north and south o properties in all four quadrants of the intersection at Mili zoning regulations, architectural design guidelines, landsc and development standards. Objective % 1.3.4.: Overlay (BRPO) for the purpose of pro conversion of those uses to commercial or residential uses. Policy W 1.3.4.1.: Biosciences Uses shal The City shall adopt by December 31, 2010 a encourage Bioscience Uses. The uses prohibit the underlying land use designation, exclud definition. The BRPO does not limit the use existing land use designation and zoning desi development approvals and development of r Staff proposes to eliminate the policy below because the BRP is depicted on the Future Land Use Map and is therefore accomplished. Policy GLKk 1.3.4.2.: The City shall eiicourage Bioscience ses within the BRPO to achieve, in coordination with the County and adjacent municipalities, a of Bioscience Uses and thus promote intellectual exchange among researchers, and others in the Bioscience industry worltforce. Policy 42Jsk 1.3.4.3.: BY December 31, 2010, the development regulations that provide incentives for predominance of Bioscience Uses to develop a cluster shall adopt and maintain land e development and encourage a within the BRPO. Staff is not proposing to eliminate the requirement of a of land within the BRPO, just the duplicative language. below and will be carried over into the Land vote to eliminate parcels is still within the policy they are written. t and maintain land FUTURE LAND USE development regulations that do not ermit rezoning of lands within the BRPO that would of four members of the Palm Beach Gardens City does not apply to permitted, conditional, and approved uses allowed in and/or development of regional impact. rights that have been vested under law for regulations shall establish an eliminate Bioscience Uses without Council. The limitation on uses that are not administrative Staff proposes the addition of a new o 'ective promoting the location of a rail station within the City and provide sustainable developm nt that encourage increased multi-modal ridership. Staff proposes a policy to conduct a charr tte-style planning process to consider the location of a Transit Oriented Development adjac nt to the proposed rail station. Staff notes that it is important to proactively plan for the rai i station before the station is planned for us. train station and appropriate us acaiit lands in ordei to promote transit-oriented city and community. FUTURE LAND USE 1-40 I Staff proposes an objective aimed toward creating a “gre er” Plan and Land Development Regulations. The new objective and corresponding polici below accomplish the first steps toward more sustainable fiture growth, by consideri incentives for green building certification, adaptive reuse of older buildings and sites, izing Florida Power and Light’s ‘Build Smart’ program and by restoring Brownfield. Furth transit. the reduction of greenhouse gasses and promotion of Objective 1.3.6.: Adopt and maintain land developmen4 eliminatinp barriers toward the certification bv Leadershi] Desipn (LEED), US Green Building Council (USGBC), F {FGBC) or any comparable certification organizations, as’ building certified buildings or sites. Policy 1.3.6.1.: By December 31, 2010, the City shall adop! provide incentives that support sustainable design technil redevelopment, including but not limited to: ‘green building’’ older buildings; Florida Power and Light’s ‘build smart’ initiat: Policy 1.3.6.2.: The City shall encourage policies and act (0 emissions and other pollutants and reduce the use of non-reneu Policy 1.3.6.3.: The City will encourage increased walking, bic updating land use requirements for walkways, bike lanes, bus and other design elements that encourage walkable coiiiniuniti~ Staff proposes an objective aimed toward proactively plannir sustainable inunicipal boundary. The City currently has sevi uniiicoiporated parcels. Staff proposes measures to ensure I service standards are ensured. Staff also proposes to asses Map and develop a coinprehensive study of the feasibility 0: the map. The study will also include iinpleinentation strateg: 1 the City’s potential annexation areas. Obiective 1.3.7.: Coordinate the annexation of unincorpo annexation area and ensure the provision of City services p Policy 1.3.7.1.: The City shall coordinate future annexation t land owners, ~overninents, and agencies for the future annexat (0 FUTURE LAND USE 1-41 lore, staff proposes encouraging , bicycling and the use of public egulations that are aimed at in Energy and Environmental 5da Green BuildinP Coalition ell as providing incentives for and development regulations to es for new development and onstruction; ‘adaptive reuse’ of 2s; and Brownfield restoration. LIS that reduce greenhouse gas ,le natural recourses. sling and use of public transit by 3ps, pedestrian interconnectivity and transit readiness. for annexation and maintaining a 11 enclaves that create pockets of iat prior to annexation, level of the current Pot en t i a1 Annex at i on innexing the parcels identified on ; and level of service analysis for ted enclaves within the City’s or to their annexation. :as (Map A.4.) with the affected n and land uses of these areas. Policv 1.3.7.2.: Prior to annexation extension plan shall be prepared and adc a. Establish and ensure the locatior and service to be extended by tht b. Require all development or red provision of the community faci standards established in the Capi C. In order to encourage infill de ordinances shall reserve the redevelopment activities within facilities and services are exten services are offered by a develor: d. A comprehensive plan amendmt City’s next round of amendme effective date of the comprehen shall be initiated. Policy 1.3.7.3.: The City shall encouri December 31, 2009, the City shall ass A.4.) and prepare a comprehensive ani related to the annexation of unincorpo unincorporated pockets into the City. Staff proposes the objective and corrc City’s Vision Plan (adopted in 1996) a is aimed toward encouraging a vision the city, while encouraging sustainable update the City’s Vision Plan every preparation of the Evaluation and Appr Objective 1.3.8.: Proactively plan for p 1 an ni n g; p 1-0 cess . Policy 1.3.8.1.: By December 31, 2009 include a Sustainable Development C resources of the western area and eiicou area. Policy 1.3.8.2.: The City shall re-evalu; FUTURE LAND USE f unincorporated property, a facilities and services ted. This plan shall: level of service standards and phasing for each facility & velopment activities to occur in conjunction with the ties and services without exceeding the level of service 1 Improvements Element of the Plan; :lopment and reduce urban sprawl, future annexation ight of the City to discourage development and proposed future annexation areas until such time as ed in accordance with the plan, even if facilities and r in advance of the plan phasing. t shall be undertaken by the property owner durinp the .s to incorporate the parcel into the Plan. Upon the ve plan amendment, rezoning to a City zoning district :e a compact and sustainable municipal boundary. By ;s the current Potential Future Annexation Map (Map xation study. The study shall include guiding policies ted pockets and a plan to coordinate the transition of ponding policies below in order to update the current d to include a Sustainable Development Goal. This goal iat protects our natural resources in the western area of edevelopinent in the eastern area. Staff also proposes to ;even years and for the update to coincide with the isal Report. iture growth through ail inclusive comniuiiity-based the City shall update the current City’s Vision Plan to d. This Goal will encourape protecting the natural ige supporting sustainable redevelopment in the eastern e the City’s Vision Plan every seven years, to coincide 1-42 prior to the preparation of the Evaluation and Appraisal Rep( 1-43 , TRANSPORTATION ELEME The following abbreviations and acronyms are used throughoul AADT County Palm Beach County FDOT Florida Department of Transportation FIHS Florida Intrastate Highway System as de MPO Metropolitan Planning Organization TPSO Palm Beach County Traffic Perj ' 94 Ord. 2007-27 i CRALLS Constrained Roadway at Lower Level 0: SIS Florida's Strategic Intermodal System Average Annual Daily Traffic Tiqw * '>A" Goals, Objectives and Policies GOAL 2.1.: E MAINTAIN LEVEL OF SERVICE STANDARDS WHI( SUSTAINABLE GROWTH THROUGH FINANCIALLY TO DEVELOP A BE CONVENIENT, SAFE, AND MODAL TRANSPORTATION SYSTEM FOR ALL TRAVELING THROUGH THE CITY. Objective 2.1.1.: To maintain st3eeifie adopted level of I City's traffic circulation system wdwayi. Policy 2.1.1.1.: Level of service standards shall be as shown 1 be applicable to the urban and rural service areas. Level ( measured utilizing the FDOT Genei-alized Peak Hour D Urbanized Areas (Table 2B), or FDOT Generalized two-way Urbanized Areas (Table 2C), or utilizing the FDOT Re& ! 2008 Qualitv/Le Haiidbook pIcI-;tfKfih) and the 1494 Highway Capacity Mz 4%h&m+W. Level of service the County thoroughfare system will be measured utilizii Transportation Element of the W 1989 Palin Beach COI November 26, 2007, T&mp&&c:; E!e:& (Table 2D), provided in the TPSO. Level of service for city roads will volumes and capacities adopted in the City's Traffic Perforn 2E) or utilizing the FDOT Manual and W HCM procel .. td " Policy 2.1.1.2.: By Deceinbei- 31, 2009, the City shall adop' intersection LOS standards and regulations to determine the i LOS analysis. Policy 2.1.1.3.: The City shall use the best available data TRANSPORTA TlON 2- I r .is Transportation Element: ,ed in s. 338.001 F. S. nance Standards Ordinance mice 12007-34 u r- [ SHALL ACCOMMODATE 3ASIBLE IMPROVEMENTS SRSONS LIVING IN AND CRGY EFFICIENT MULTI- vice (LOS) standards on the Tables 2A-1 and 2A-2 and shall service for FIHS roads will be ctional Volumes for Florida's :ak Hour Volumes for Florida's of Service Handbook (FDOT & non-FII-IS roads that are part of the volumes provided in the y Comprehensive Plan, revised ' ut j 1 izing the im e tho d o 1 ogi es I measured utilizing the service Ice Standards Ordinance (Table -es. -1- a1 (HCM) p- -1 eak-hour directional, daily, and licability and procedures for all id use professionally accepted the FDOT or County, respectively. development. i 1 0: i i I I I1 1 11 I j :I IC 1; I/ ij ,, iI i I/ 1) ,I TRANSPORTA TION corrective measures to mitigate future accidents. 3 3 D )€ tn PD71 1 IU The original Table 2A is replaced with the tables on th TRANS POR TA TI0 N 2-3 following pages TABLE 2A-1 Neighborhood Collector City Collector Non-FIHS roads that are part of the County Minor Arterial State Minor Arterial State Principle Arterial FIHS roads All roadways except Beeline Highway Beeline Highway (Northlake Blvd to Dailv and Peak Hour Level Of Service Standard Facilitv Type Cointy Thorouehfare plan: between Northlake Blvd & CR-711 CR-711) LEVEL OF SERVICE STANDARDS OF D D TABLE 2A -2: P3R CONSTRAINED ROADWAYS AT LOWER LEVEL SERVICE (CRALLS)~,* - D - C Roadways Pe;lk PeRk Hour Trafic Voluni - Voluines Voluni g Volume lDirection y--- Test 2 -- To - - es l.2 - way) Northlake Blvd Prosueri ty Farms Rd PGA Blvd3 Military Trd Interstate 95 Doanld Ross Rd _____ BLI~IIS Road Florida's Turnpike Central Blvd Military Trail Interstate 95 RCA Blvd Alternate AlA Fairchild Gardens &e Prosperity Farms Rd 49,000 60,000 19.460 20,950 51,177 50,738 50.780 67,674 68,055 59,636 54.283 50,200 4,560 5,460 1,810 1.948 4,759 4,719 5,513 7,084 7,120 5.825 5,327 4.830 3,890 3,890 2,990 53,000 68,000 60,000 56,700 i i ~ I , j I I i i I I ~ I TRANSPORTA TION ~ 2-4 Location (CMA) PGA Boulevard and Military Trail . 1.500 1,500 1,500 1.500 l,soo I,soo Notes: 1. Based of Palm Beach County Comurehensive Plan and subixt referenced in the Plan. 2. Refer to Palm Beach County Comurehensive Plan for uroiect designations. 3. Amlies only to properties subiect to the forbearance agreen'ent Ami1 15, 1999. to stiuulations specific CRALLS entered into by the City on GENERALIZED PEAK HOUR Table 2B DlRECTlONAL VOLUMES FOR FLORIDA'S Led of service her Divided A B C 1 Undivided 110 400 790 l.f,O lk 2 Divided 1.060 1.720 2,500 3.230 U WNINI'ERRUPTED FLOW HIGHWAYS 3 Divided 1,600 2,590 3,740 4,840 1,500 STATE TWO-WAY ARTERIALS I 36P Class II (2.00 to 4.50 signalized mtersections per mile) Level of Service Lanes Divided 1 Undivided ** 100 590 810 2 Divided ** 220 1,360 1,710 3 Divided ** 340 2,110 2,570 4 Divided ** 440 2,790 3.330 Class III (more than 4.5 signalized intersections pcr mile and not within primary dty centnl busine@ district of an urbanized area DBCJ 750,000) Level of Service Lanes Divided 2 Divided ** 3 Divided L. 4 Divided 14 Class IV (more than 4.5 signalized intersections per mile and n primary ciQ central buinesr dishict of an urbanized over 7J0,OOO) ** 650 1,JIO ** 1.020 2,330 ** 1,350 3,070 Level ofScn,ice Lanes Divided 2 Divided 3 Divided Lanes Divided I Undimded ** 2 Divided 3 Divided Other Sipalized Roadways (sipalued intersechon analysis) Level of Senk Source: Florida Departmen1 of Tnnrporlation allaharsee, FL 32309.0450 Of SOh bfkowl WCU "Cionm bt acbitwd win ***NDI apptirrblt fa e11 I JlZED AREAS* FREEWAYS Interchange spcmg 52 m~ apart Lanes A B C D E 2 1,270 2,110 2,940 3.580 3,980 3 1,970 3.260 4,550 5.530 6,150 4 2,660 4.410 6,150 7,480 8.320 5 3,360 5,560 7.760 9,440 10,480 6 4,050 6,710 9,360 11.390 12,650 Interchange spacing 5 2 mi aput Lanes A B C D E 2 1,130 1,840 2,660 3.440 3,910 3 1.780 2,890 4,180 5,410 6.150 4 2,340 3,940 5,700 7,380 8,380 5 3.080 4,990 7,220 9,340 10,620 6 3,730 6,040 8,740 11,310 12,850 Level of Smce Level ot Suwce BICYCLE MODE (Note Level ofrerbice for the bicycle mode in this table IJ based on roaduay geometncs at 40 mpb ported speed and traffic conditions, not number of blcycllsb using the facility) (Mulhply motonzed vehicle volumes shown bclow by numbes of directional roadnay lanes to determine maximrn iervice \olumes) Paved Shoulder/ Level of Smite Blcycle Lane Coverage A B C D E =720 049% 50 84% '* 130 210 ,210 *** '* 170 720 It L.. 85-100:: 160 360 -380 *** PEDESTRLW MODE (Note. Lmel of senice for the pedesinau mode in this table is based on roiduay geometncs at 40 mph ported bpeed and trsfic cond1tinus. not the uumbcbrr of pedertnans using the facihty ) (hlulhplv motorized vehicle volumes shown below by number of directional roadway lanes to drtermme maximum service volumes ) Level of Senice ' Sidewalk Coverage A B C D E 330 810 j20 990 120 590 -390 *I* 039% tt 11 t. 50 84'A 85 100". f. ** ** ** ARTERIALRiOSSTATE ROADWAY ADJUSTMENTS (alter cnnespndmg ruliune by tbe indicaied percent) Lanes hledian Len Turns Lane5 .idjustmeut Factors I Divided Yes tS% 1 Uodwidcd No -20% hlulh Undnided NO -25% hlldh Undvided Yes . j Oz/. ONE WAY FAClLlTlES , B 7 TABLE 2-C GENERALIZED PEAK HOUR TWO-WAY VOLU~ES FOR FLORIDA'S URBA UNINFERRUPTED FLOW HIGEIVAYS h~of~wiee -Divided A B CD E ! Undivided 510 730 1,450 2.060 2.620 1 Divided 1,940 3,140 4,540 5,870 6,670 i Dividrd 2,9Kl 4,700 6,SOO 8,810 10,010 STATE TWO-WAY ARTJ5wtlls 3,s L(30.00 to 1.99sigrialieed~enechcmsperde) -Dided A B C D E t Undkided ** 400 1,310 1$60 1,610 I Divided 560 2,780 3,300 3390 *** j Died 700 4,240 4,950 S~OEO *** 1 DMded 890 5,510 6,280 6,440 *** 3s ll(2 00 to 4.50 sgdmd intetersedbm per nule) ~Ihvided A B C D E 1 Undivided +* 180 1,070 1,460 1,550 ! Divided ** 390 2,470 3,110 3,270 i Dnided ** 620 3,830 4,680 4,920 1 Diwded ** SO0 5,W 6,060 6,360 2ass Ill (more than 4.5 sipallzed mtenecbw per de Jlld not Lwei of Serpice Level of Senice wihn inmy city central budmess district of an urbanid area OWL 750,000) Level of Service LaneSDiblded A B C D E ? Undivided ** ** 503 1,200 1,470 1 Divided ** ** 1.130 2,750 3,120 5 Dibided ** 1,850 4,240 4.690 s Dl>lded ** ** 2.450 5,580 6,060 Czlss IV (more tho 4 5 sippallzed intersechons per de and wthn pnmu). uty cabal business htnct of an m6ardzed =ea o\er 7SO,000) Level of Sen?- LaM;Dlvlded .Ji B C D E 2 Undxided ** *f 4W 1,310 1,420 1 Did~d ** ** 1,liO 2,880 3,010 5 Di~~ded *' ** 1,810 4JjO 4570 S Dmdd *' ** 2,~ j,6w 5910 5,350 6,510 7240 8,270 10,050 11,180 4,sJO 6,250 7,110 7,600 9.SJO 11.180 8 4,420 1:; ld,3M) 13.420 15:240 10 5,600 13,130 16,9gO 19,310 12 6,780 ' 0,9W 14,690 20,SEO 23.360 BIC1'C'LE MODE Level of Senice A B C D E ** 240 390 --NO **l 310 1,310 =I310 1: t: i I I TRANSPORTA TlON 2-8 i I i i I ! I j I 1 j , ? i ~ 0 TABLE 2D:MAXIMUM VOLUME FOR ROADIS NON-FIHS COUNTY AND CITY LOS "E" Type Of Road ADT, Two-way Peik Two-way Peak Hour ADT Hour 5 lanes two-way 6 lanes divided 8 lanes divided 4 lanes expressway 6 lanes expressway 8 lanes expressway 10 lanes expressway effective date August 23, 2007. TRANSPORTATION 2-9 - 5L 32,700 3,110 ~ 34,500 3,270 (YLJ 49,200 4,680 5 1,800 4,920 8LD 63,800 6,060 67,000 6,360 $LJ 67,200 6,250 76,500 7,110 105,800 9,840 120,200 11,180 8Lx 144,300 13,420 163,900 15,240 1OLX 182,600 16,980 ' 207,600 19,310 , I Source: Article 12 of the Palin Beach County Wnified Land Development Code Staff proposes to eliminate the existing Tables Capacities for City Roads”, as our transportatio duplicates infoiination contained in the update First, the existing Table 2D is for non-FIHS cot the non-FIHS county thoroughfare roads and ci for city roads. Second, the existing Table 2E shows service Table 2D show service volumes for D and E. For required for LOS D and E. Furthermore, for most would be blank. Therefore, the information we volumes for LOS C. For this purpose, staff suggests eliiiiinatiiig the :!E, “Generalized Daily Two-way and Peak Hour Voluines and I coiisultaiit has advised us that this table is extraneous and If Table 2D. iity thoroughfare roads, but the updated Table 2D will include :y roads. This elirniiiates the need to include a separate table volumes for LOS A, B and C, while the existing and updated the purpose of the coinprehensive plan, analysis is only roadway classifications, A and B are not measurable and could gain by updating the existing Table 2E is to show existing Table 2E I The oripinal Table 2F is replaced with the table 011 the follq~ing page TRANSPORTA TION 2-1 1 RADIUS 0 ~~ I Net External Peak Hour Two- \.y; 1 - 21 - 51 101 501 1,001 2,001 - through through through through through through through !t& - 20 - 50 500 1,000 2,000 UQ Notes: (1) Based on Article 12 of the P (2) Actual radius of influences n (3) Levels of significance shall t TRA NS PO R TA TI0 N TABLE 2E DEVELOPMENT INFLUENCE Radius in Miles ectly accessed link(s) of first accessed major thoroughfare(s) - 5 in Beach County Unified Land Development Code y be greater than identified in this guideline 5% on 1-95 roadways and 1 % on all other roadways. 2-1 2 Policy 2.1.1.10.: The City shall exercise one or more of the future LOS deficiencies, included, but not limited to: A. Adopted Constrained Roadways At a Lower Level of B. Road and intersection improvements; C. Transit Oriented Development (TOD); or D. Multi-modal improvement plans. Policy W 2.1.1.11.: The City Council shall retain roads or specific segments of local roads within transit would be consistent with established planning practice to adopt LOS “E” for local where to do so oriented environment. following options to mitigate Service (CULLS); Policy 2&Kk!k 2.1.1.13.: The City shall prepare, in governmental agencies, a bi-annual report that service volume; and develop a list of system management strategies to ction with the MPO and other which have no excess and transportation improvements for constrained or physically-limited roadways to the Capital adopting a lower level of service standard for the roadway, roadway capacity by implementing the transportation management strategies identified as of greatest potential benefit Policy M. 2.2.1.1. GOAL 2.2.: CONTINUE TO DEVELOP AND MAINTAI EFFICIENT INTERMODAL TRANSPORTATION BALANCE OF TRAFFIC CIRCULATION SYSTEMS, AND PEDESTRIAN AND BICYCLE NETWORKS. Improvement Program or before :he City will attempt to improve dertiand and transportation system by the evaluation referred to in U SUSTAINABLE, SAFE AND LINKAGES THROUGH A I’UBLIC TRANSPORTATION, Objective 2.2.1.: To encourage strategies which reduce, circulation system and alleviate street traffic congestion. TRA NSPORTA TION 2-1 3 demand on the City’s traffic i c Policy 2.2.1.5.: By December 3 1, 2010. access onto arterials and collectors in Whenever possible, the City shall access with adiacent development. Policy 2.2.1.6.: Encourage connectivit? traffic needs. I the City shall establish regulations to control vehicular order to reduce existing or potential congestion problems. ei~ourage minimizing access points by requiring, shared of roadways and cross connection of property with the t r a ffi c i nip ac t s on resid en t i a 1 n eighb Policy 2.2.1.7.: By December 3 1, 201 0, on FIHS roads by encouraginp parallel including bicycle and pedestrian connedtions, and utilize traffic calming measures to minimize SI-110 o d s . 1 I 1 I the City shall create opportunities to relieve congestion roadways, transit routes or other local traffic initiatives I facilitating local traffic flow. TRANSPORTA TION 2-1 4 j i I 0 Obiective 2.2.2.: To maintain a sustainable transportation financially feasible Capital Improvement Program. Policy MA& 2.2.2.1.: The City shall develop, on an annqal Program for roadway improvements within the City. The find stystem through the adoption of a basis, a Capital Improvement ngs of the annual report prepared TRANSPORTA TlON 2-1 5 under Policy %&4 2.1.3.3. shall be utilized in developing the Policy M&k 2.2.2.2.: Proposed roadway projects will be priority according to the following guidelines: a) Whether the project is needed to protect publi County's legal commitment to provide faciliti achieve full use of existing facilities; and Whether the project increases efficiency of use reduces future improvement cost, provides serv*ce service, or promotes in-fill development Whether the project represents a logical extensi a designated urban service area; and b) c) Yapital Improvement Program. reviewed and ranked in order of health and safety, to fulfill the s and services, or to preserve or of existing facilities, prevents or to developed areas lacking full n of facilities and services within Planned Unit Develop ent or from limited access subdivisions, will be maintained as low speed two lane public roads (unless designated a private road pursuant to a PUD or P approval prior to the construction of the road) suitable for fronting residential evelopment, institutional, or neighborhood commercial development. i Local Roads - (example Butterc p) all other City roads, may be public or private. Policy 2&&& 2.2.3.2.: Minimum rig t-of-way requirements for new roadways shall be: a) b) City Collector roadways 120' right-of-way; c) d) ArteriaVPrimary roadwa s - right-of-way and laneage based on County and State standard; Neighborhood Collector oadways - 80' right-of-way Local roads - 60' right-of way (swale drainage); Policy 2.2.3.3.: By December 31, 2C and 50' right-of-way (cur e) Parkways - 300-400' requirements and adopt a method of acc existing right-of-ways that have been bu with other physical or natural constraint: Policy 2&&4s 2.2.3.3.: The City shz minimum standards development regulations to ensure that through build-out of the County. Actu part of the development review process. Policy ?&&% 2.2.3.4.: Rights-of-waj development approval and a priority sch Policy U2&s 2.2.3.5.: As a conditio require niandatory dedications of rights not under the same ownership as the process. Policv 2.2.3.6.: The City shall encourag provide efficient flow of traffic. Objective &-Lk 2.2.4.: In accordanc ikFeW3 v- aiid revise where TRANSPORTA TION Ind gutter). of-way. 0, the City shall assess the minimum right-of-way iting lesser widths in the event of the redevelopment of t at a lesser width or the establishment of right-of-ways i=mxh+b maintain .te or Neighborhood Collector roadways in the land eighborhood collectors can remain two-lane roadways I alignments for these roadways will be established as shall continue to be forinally identified at the time of hie for acquisition or reservation established. of plat or development order approval, the City shall if-way, easements, or fees when the required ROW is ropei-ty being platted, or during the site plan review the use of roundabouts at suitable locations, in order to with section 163.3202, F.S., tk€%y&d ma in t a i ii iecessary, the land development regulations for the 2-16 provision of motorized and non-motorized transportation. Policy W 2.2.4.1.: The City shall generally prohibit on-: and Neighborhood collector roads that do not maintain sal efficient traffic flow. On-street parking may be allowed, with si as necessary the approval of the agency having jurisdiction ovc of the roadway in relation to adjacent uses maintains safety pel traffic flow. On-street parking is encouraged within mixed us( roads that meet the adopted level of service standards. Policy 2.2.4.2.: By December 3 1, 2009, the City shall review th to consider incentives and accommodate the needs of compact. and scooters, etc.) by assessing the parking requirements and otl Objective %.I& 2.2.5.: - To maintain land del requirements for safety and aesthetics in the transportation Policy 2AAk 2.2.5.1.: The City shall continue to enforce it: minimize roadway hazard by: a) b) c) d) e) f) g) h) i) Road drainage. Requiring the provision of adequate storage and Providing turn lanes with adequate storage; Limiting direct access from residential driveway onto high-speed traffic lanes; Reducing conflicts between roadway and pedesti Providing adequate capacity for emergency evac Providing standard signing and marking for road sidewalks, and intersections; Controlling access between dissimilar land uses; Regulating the length of cul-de-sacs; and Policy 2.2.5.2.: By December 31, 2010, the City shall ad Landscaping Plan providing design guidelines that address aesthetics, and accepted traffic caliniiw tecliiiiges specific tc The Plan shall Egncourage street trees for green linkages outsic to connect with the parkway system. Objective Kkk 2.2.6.: To continue coordinating Transpo land uses shown on the Future Land Use Map of th Transport at ion P 1 an, p 1 an s of n e i gh b o r in g j 11 r is d i c ti o transportation and future land use plans. Policy &3&k 2.2.6.1.: The City shall review subsequent Transportation Plan and Palm Beach County Five-Year Road update or modify this element, if necessary. TRANSPORTATION 2-1 7 xeet parking on all arterial, City Zty performance standards and ecific City Council approval and r said roadway, when the design rormance standards and efficient developments, and on collector : Land Development Regulations .chicles (such as hybrids, vespas, er provisions of the code. elopment regulations which set system. adopted design standards, which veaving areas; and local roads ian or rail traffic; 1 at i on; Nays, bikeways, yt a City-wide Streetscape and :destrian and bicycle use, urban each classification of roadways. e of the parkway system, in order tation planning with the future s plan, the FDOT Five Year IS, and Palm Beach County rersions of the FDOT Five Year inprovement Program in order to ! Policy %M& 2.2.6.2.: transportation plans and as they are amended in the future. Policy W 2.2.6.3.: change the classification Objective MAS 2.2.7.: TheG+dd - To contin various modes of trans to major arterials wit south, Prosperity Far to the north. Acco Thoroughfare Plan Plan (- 9, alternate routes to PGA thoroughfares withi as bicyclists within the right-of way. p Series the City Center Linkages or the City Center area to serve as ad, and Alt. A-1-A, and other major Policy %€&As 2.2.7.1.: The City shall right-of-way during the site plan review Center Linkages Plan. However, the City access easement in lieu of dedication of bneighborliood collectors and local roads wa&(neighborhood collectors and locel Roadway alignments, right-of-way, consistent with the standards specified i:i granting of waivers may permit minor standards affecting such links. Such reco1i117?eiidatioii from tlie Local P1anni:ig laneage within the right-of-way and or should the need arise in tlie future on ro access easements. Maintenance of such easement, shall be the sole responsibility Policy ?-A&k 2.2.7.2.: The @arkways include the following facilities: I) PGA Boulevard from Bee: 2) Central Boulevard fi-oin 3) Donald Ross Road from Gardens city limits. 4) Beeline Highway from PCA 5) Hood Road froin Prosperity Florida's Turnpike. 6) Future North-South Artery 7) Future East-West Artery require individual developments to dedicate the needed process, be consistent with, and conform to the City Council may in its discretion accept a perpetual public right-of-way on1 fonly. This shall apply only to roads fthat are part of the City Center Linkages Plan. crxs sections and construction of each link shall be tlie City's Land Development Regulations. However, deviations from the plan and or roadway consti-uction wa:vers are granted only by the City Council acting upon a Agency. The City reserves the right to expand the tlie right-of-way itself, if so determined by the City, dways upon which the City is granted perpetual public --oadways, upon which tlie City is granted the mentioned of the property owners/developers. System shown on -+& Map A.1. and ine Highway to Central Boulevard. PGA Boulevard to Donald Ross Road. Prosperity Fai-nis Road westward to the Palm Beach Boulevard to tlie Caloosa subdivision. Farins Road to a future North-South Artery west of west of Florida's Turnpike. nxth of PGA Boulevard and south of Hood Road. TRANSPORTA TION I 2-18 Policy W 2.2.7.3.: additional rights-of-way. The prarkways System shall in Policy %M+k 2.2.7.4.: The designated rights-of-way for 400 feet. Aright-of-way may be averaged, with City Ca calculation restored wetlands and upland habitat set-aside on t greenway and promote linkages of the natural environment, i Road between Prosperity Farms Road and Central Boulevarc within a 55' corridor. Policy 2.2.7.5.: The City shall encourage the development of trolley or any combination of similar systems) to provide conr and connection to the surrounding residential communi tv. Objective 2.2.6.: Tk-G+&d - To encourage the I pedestrian paths within City boundaries and in municipalities through use of the Parkway System and st overlay, more specifically explained in Policy 1.1.1.20. &-P Policy 2AXI-s 2.2.6.1.: The City shall continue to requi bicycle and pedestrian ways within and on roadways adjac identify future on-site centralized transit pick-up/drop-off poir Policy %lS%s 2.2.6.2.: The City shall continue to make cor the older portions of the City a priority in the Capital Improve Policy ?A+?&+ 2.2.6.3.: The City shall continue to require connect to existing road facilities so that a continuous pedestri Policy XLKk 2.2.6.4.: The City shall coordinate with tl identify appropriate bike trail liiil~iges between the PBCC c; the ppesed Florida Atlantic University campus and The Abacoa development in the Town of Jupiter. The proposed B (Policy 2.2.1.4.) shall assess opportunities for additional linka Policy 2.2.6.5: Facilities which accommodate the needs of bicyclists shall be assessed and required during the developmr Policy 2.2.6.6.: By December 31, 201 1, the City shall Transportation Plan iiicorpoi-ating the findings of the Transit Pedestrian Plan. The Plan shall develop a long term stratejq the public and business additional transportation alternativt weaken road concurrency measurements. TRA NSPORTA TION 2-1 9 lude pedestrian ways within the - Pparkways System shall be 300- incil approval, to include in the e site in order to maintain a native icluding wildlife corridors. Hood shall receive parkway treatments people moving system (such as a :ctions within the City Center area se of public transit, bicycle, and onjunction with surrounding jport the proposed multi-modal ; new developments to construct nt to those developments and to S. inuity between pedestrian paths in I en t El einen t , leinents of the parkway system to in system occurs. : Town of Jupiter in an effort to npus in Palm Beach Gardens and Scripps Research Institute in the :ycle and Pedestrian Network Plan es to neighboring municipalities. the handicapped, pedestrians and it review ~)rocess. idopt a sustainable Multi-Modal Jeeds Assessment and Bicycle and to reduce C02 emissions, provide ;, but will not replace, reduce or public transit right-of-way and exclusive Policv 2.3.1.8.: The City shall coordinate. with strategies and policies supported by Obiective 2.3.3.: To promote sustair.able between public transit, land use, workforce Policv 2.3.3.1.: By December 31, 200!% the City shall conduct a Traiisit Needs Assessment public transit corridors. its transportation and mass transit strategies and policies the Treasure Coast Regional Plaiiiiing Couiicil (TCRPC). growth, the City recognizes the direct link housing, and economic development. TRA NSPOR TA TION 2-20 I: study, to identify the existing conditions and determine the fut Policy 2.3.3.2.: By December 31, 2010, the City shall con1 process to create land development regulations for a Trani Overlay, and coordinate these efforts with the Florida Eas Regional Planning Council and the Palm Beach County Metro Policy W 2.3.3.3.: The City shall support efforts to extt on the FEC railroad track. Policy 2.3.3.4.: The City shall encourage redevelopme1 pedestrian oriented design, and access to public transit. TRANS PORTA TI0 N 2-21 re transit needs of the City. uct a community-based planning t Oriented Development Zoning Coast Railroad, Treasure Coast olitan Planning Organization. id the Tri-County Commuter Rail : providing workforce housing, HOUSING ELEMENT Goals, Objectives and Policies GOAL 3.1.: THE PROVISION OF AWABEQU3- SANITARY HOUSING WHICH MEETS THE NEEDS OF PALM BEACH GARDENS RESIDENTS. Objective 3.1.1.: Strive to fulfill the City housing needs I energy efficient standards Policy 3.1.1.1.: By December 3 1, 201 1, the City shall promote efficient practices that reduce housing operation costs for energ) structure and for landscaping, in new residential developments a Policy 3.1.1.2.: The City shall offer remlatory and financial in use green buildinp standards and energy efficient technologie: shall define incentives and provide education awareness progran Policy 3.1.1.3.: The City shall ensure a compatible relatic circulation patterns and encourage pedestrian and bicycle in communities in order to minimize traffic impacts and promote developments and redevelopment areas. Policy 3.1.1.4.: The City shall ensure that native habitat, wildlif and protected from the impacts of new residential development. Policy 3.1.1.5.: The City shall promote transit supportive mi close proximity to services to reduce dependance on aL developments and redevelopment areas. Objective 3,M.m: The€&&d rtAssist the private various types, sizes, and costs to meet the housing need populations of the City. Toward this objective, the City regulations, consistent with Section 163.3202 (I), F.S., to f cooperation in the housing delivery system Policy &MA. 3.1.2.1: The City shall continue to provide in incentives to the private sector to maintain a housing produc projected demand. HOUSING 3-1 kl3 SUSTAINABLE, SAFE AND EXISTING AND FUTURE hile promoting sustainable and conservation programs and energy sewer and water usage, within the d redevelopment housing areas. entives to encourape developers to By December 3, 2011, the City 3 oriented to developers. iship between new housing and xconnectivity and transit friendly Lealthy lifestyles in new residential and sensitive areas are maintained ed-use residential development in omobile use in new residential sector to provide housing of the of a11 existing and anticipated hall maintain, land development cilitate public and private sector ~rination, tecluiical assistance, and on capacity sufficient to meet the Policy W. 3.2.2.4: assess and improve Policy 3.1.4.1.: The City SI housing in close proxiinity to s H 0 US IN G 3-2 and older. Objective W. 3.1.5: Th+Wy&d pzrovide for ac manufactured homes and mobile homes to ensure that the housing are met. Policy 3A44. 3.1.5.1.: The City shall maintain non- discrimi Land-Development Regulations addressing the location of go consistent-with Chapter 41 9, Florida Statutes. Policy W. 3.1.5.2.: The City shall maintain the zoning coc homes are permitted in residential neighborhoods of diffei neighborhood is closed to such facilities. Policy W. 3.1.5.3.: The City shall provide for communitl those residents which meet the criteria established by state convenient, adequate, and non-isolated sites within residential City. Policy 3A44. 3.1.5.4.: The City shall allow mobile home devi "Mixed Use" areas as shown on the Future Land Use Map of tht Policy KlAS 3.1.5.5.: , By December 31, evaluation of nursing homes, assisted living facilities, &otl mobile homes, and & review the Land Development facilitates the developineiit of such uses in the City. Policy W. 3.1.5.6.: Congregate Living Facilities Awskx allowable in all residential land use categories subject to the den Conm-egate Living Facilities ALl+withiii a Plaiuied Unit Devt Corninunity District may be eligible for a density bonus subjec consideration of Coii,gregate Living Facilities aw%LF density which includes: coinpatibility with surrounding uses; iinpacl buffering and setbacks to mitigate building bulk or intensit buildings and site. With demonstration of meeting said criteria, Living Facilities rn AI2 density bonus e€ to allow a total of Residential Medium areas, and up to 24 dwelling units per acre areas. This density bonus shall not be applicable within the Coa HOUSING 3-3 equate sites for group homes, needs of persons requiring such atory standards and criteria in the ~p homes and foster care facilities e so that different classes of group :nt types, and that no residential residential homes needed to serve ;tatUte, which shall be located at or public/institutional areas of the opinent as an acceptable use in the City's Coinprehensive Plan. 2012, the City shall undertake an :r group homes, manufactured and iegulations to add criteria which iIAQ s) shall be ity tlu-esholds of the category. opinent or parcel within a Planned to City Council approval. Council DO~US shall be based upon criteria on service delivery; pi-ovision of ; and/or design considerations of ~ouncil inay approve 3 Congregate ~p to 18 dwelling units per acre in n Residential High and Mixed Use tal High Hazard Area. environment. neighborhoods. PRESERVING EXISTING STABLE NEIGHBORWOODS THAT HAk'E RESIDENTIAL DEVELOPMENTS NEIGHBORHOODS, REHABILITATING DECLINED, AND DEVELOPING NEW i i I I I I j FI 0 US IN G Objective 3&&3.2.1.33&Xy&& to residents of all income ranges rograms and other means to ensure that a tial Services Personnel” Policy 3.2.1.2: By December 31, 2010, the City shall develo Need Assessment and an Iinpleinentation Plan to review existic need, and foi-inulate policies and programs to provide affordablt HOUSING 3-5 , very low low keme through hrther streamlining , the City shall update housing needs Policy 3.2.1.9: By December f-I 0 US IN G I 3-6 I Workforce Promam Policy W. 3.2.1.11.:: By *December 3 1 ,-m, the City shall initiate a review of the Land (0 ~~ ~ Development Regulations to determine whether there are hrther opportunities to streamline the development review and permitting process for affordable and workforce housing. Objective W. 3.2.2: ByeContinuehg to designate adequate sites with appropriate land use and density on the Future Land Use Map, the City shall ensure that adequate supply of land exists in the City for the private sector to provide for the housing needs of the extremely low, very low, low and moderate income families, essential service personnel, &the elderly, and special need residents. Policy 3.2.2.1.: Bv December 31, 2010, the City shall identifv infill and redevelopment sites to provide opportunities for affordable and workforce housing in coniuction with transit oriented development. Policy W.AA.3.2.2.2: The City shall maintain an appropilate amount of land designated for high density residential use to provide for 12 to 15 units per acre to facilitate the construction of housing for low and moderate income families. Policy 3.2.2.3: By December 3 1, 201 1, the City shall consider adopting inclusionary rendations requiring new residential developments and redevelopment projects to include on site or off-site affordable and workforce housing, or other supportive provisions such as payment in-lieu. Policy 3&%2. 3.2.3.4.: Designation of high density residential areas intended for the construction of affordable housing in the City shall take into consideration the proximity of such areas to major employment centers . Policy &l&% 3.2.3.5.: The City shall maintain and continue to evaluate additional incentives to encourage the production of housing for persons with special housing needs including the elderly, the handicapped, and those in need of affoi-dable and workforce housing. Policy %W. 3.2.3.6.: ‘The City shall maintain development regulations iii accordance with Section 163.3202 (l), F.S., to include site selection criteria for the location of housing For the elderly, which shall considei- accessibility, convenience and infi-astructure availability. Policy &-EL5 3.2.3.7.: The City shall encourage - use of the density bonus prograin for Planned Coininunity Districts (PCDs), Planned Unit Developments (PUD)s and other large developments that set aside a certain percentage of units for extremely low, HOUSING 3-7 very low, 4 low, and mod assisted housing. Alternatively, residential devel off-sit e. Off-si t e development The vekmhydensity bonus commercial and industrial de projects. The criteria for and a Council. However, in no event s payment in lieu of housing pr site development, it shall be proximate to the need. Development that is eligible for Q. demonstrate its ability to Q. demonstrate proximity to and employment opportunities; ad milies, essential service personnel, and employer ting in the program may build affordable housing ction of the City Council. lows for the voluntary payment by residential, ange for greater density or intensity in specific voluntary payment shall be established by the City nt be less than the cost of producing these units. This de into the County Housing Trust Fund. For off- e City, so long as the location is convenient and density bonus must: requirements at the level of impact calculated at the "bonus" density or intensity; ad Q. legally ensure that the units definition, meet the income essential service personnel;& affordable, in perpetuity, to households, which, by for extremely low, very low, & low income, and Q. be found consistent by th The City Council shall be r under this program. Policy 3&3& 3.2.3.8.: The and modular structures and Policy %3AA 3.2.3.9.: Affordable Housing, or i constructed housing units personnel, and for the amorti mod era t e- iiicoin e fain i 1 i e Funds when financing su Policy 3&3& 3.2.3.10.: placement of i&wbd-- single-family and multip or his designee, for consistency with this policy, commending the inaxiinum deiisity/intensity allowed ent Regulations shall continue to allow manufactured i den t i a1 zoning districts. 11 of the City Council, the County's Conmission on utilized for the payment of impact fees for newly very low- and low- iiicoine families, essential service t fee payments for newly constructed housing units for be iiiatle directly to the appropriate Impact Fee Trust its Land Development Regulations to permit the homes and conventioiially built residences within icts provided that the homes: (1) comply with all ,. HOUSING I 3-8 City building, construction, design and housing codes, hurricane velocity regulations and U.S. Department of Housing and Urban Development body and frame construction requirements as applied to Hurricane Resistive Design Standards; and (2) be subject to any Council or staff reviews as provided in the City of Palm Beach Gardens Code of Ordinances. The structural capabilities of homes located within the City shall be verified by a Florida Registered Professional Engineer. The engineer shall certify that said home has the structural capacity to withstand hurricane force winds as prescribed for the geographical area as designated in the Standard Building Code. (0 Policy 3.2.3.11.: The City shall provide education awareness promams for the residents to promote a better understanding of the need for workforce housing. Policy 3.2.3.12.: The City shall provide incentives to encourage existing affordable and workforce housing areas are redeveloped with affordable and workforce housing units. Policy 3.2.3.13.: The City shall coordinate its strategies and policies with the Treasure Coast Regional Planning Council (TCRPC) to provide affordable and workforce housing. HOUSING 1. 3-9 INFRASTRUCTURE ELEMENT ‘0 Goals, Objectives and Policies SANITARY SEWER GOAL 4.A.1.: PROVIDE ADEQUATE CENTRAL SANITARY SEWAGE FACILITIES DEVELOPMENT AND REDEVELOPMENT IN THE CITY. FOR RESIDENTIAL AND NON-RESIDENTIAL IO a Objective 4.A.1.1.: Th€%yw& &equire all submittals for development to obtain a statement of available capacity from Seacoast Utilitv Authoritv (Seacoast or SUA) prior to site-plan approval. The issuance of a building permit will require an executed developer agreement with Seacoast and a certificate of occupancy will not be issued prior to acceptance by Seacoast of the sanitary sewer facilities, which service the building. Policy 4.A.1.1.1,: The City will supply the Seacoast Utility Authority with data from this Comprehensive Plan and site specific development approvals to use to forecast capacity requirements. Policy 4.A.1.1.2,: The City will document any moratoriums caused by insufficient or inadequate treatment/disposal capacity. Policy 4.A.1.1.3.: The City shall adopt an average annual daily sanitary sewage flow level of service standard of 107 gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. This shall serve as the level of service standard for the urban area. The rural area shall utilize septic tanks, unless alteriiative service provision is approved by the City Council consistent with Policy 9.1.4.2.(a)-(d). Policy 4.A.1.1.4.: The City shall adopt a peak month, average day sanitary sewage flow level of service standard of 118 gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. Policy 4.A.1.1.5.: The City shall adopt a minimurn sanitary sewage treatment plant capacity level of service standard of 118 gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. Policy 4.A.1.1.6.: The City shall coordinate with Seacoast Utility Authority to adjust sanitary sewei- service provision plans and to establish policies preventing urban sprawl, consistent with the Urban Growth Boundary concept. INFRASTRUCTURE 4-1 Objective 4.A.1.2.: The City, in conj County Public Health Department, Policy 4.A.1.2.1.: The City shall with the Seacoast Utility Authority and Palm Beach to monitor residences and other facilities using for new septic tank installation to the BE% septic tanks within the City. Policy 4.A.1.2.2.: The City shall allow the continued use of existing properly constructed and Policy 4.A.1.2.3.: The City shall encobrage the connection to the central sanitary sewer system should it become available to existing nbn-sewered areas. systems are adversely impacting the that public health standards are endangered, environment according to State Water Quality Standards: and septic tank systems shall be repaired or replaced. 1. Provide biweekly residential solid) waste collection service. e-. 4-2 systems will be considered on their technical Policy 4.A.1.2.4.3.: The City will continue INFRASTRUCTURE and functional merit. regulations that prohibit new development using septic ! i Ob,jective 4.B.1.1.: The City will continue to quantify solid waste generation rates available to the Solid Waste Authority. Policy 4.B.1.1.1.: The ininimum level Management, Inc. and Palin Beach County to acquire and coinpiled the solid wastebackground data and types by land use and population. Data will be made of service for the City, as recommended by the Waste Solid Waste Authority (PBCSWA) is as follows: 2. Provide weekly residential vepetative waste collection service. 3. Provide weekly residential bulk waste collection service. 4. Provide weekly residential recycling collection service. $5 Provide weekly collection of non-residential solid waste. 46 Require subscription for collection service to residential iewhees and non-residential $7. Provide regulations to enforce the utilization of tarps to cover trash loads. Objective 4.B.1.2.: The City shall cooperate and assist the Solid Waste Authority of Palm Beach County in the implementation of its Master Plan and waste reduction goals. Policy 4.B.1.2.1.: The Solid Waste Authority shall implement recycling and reduction programs necessary to achieve and maintain the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes7 0 Policy 4.B.1.2.2.: The City shall continue to coordinate and cooperate with the Solid Waste Authority of Palm Beach County - in up- dating and implementing the county- wide Solid Waste Master Plan. To this end, the City puts special emphasis on the development of a recycling program to include public education and voluntary separation by residents of recyclables and disposables. A formal contract for curb-side collection by the Solid Waste Authority for recyclables has already been entered into. Policy 4.B.1.2.3.: The City shall promote commercial recyclin,q by educating businesses through occupational licensing, City website, brochures, and other means to raise awareness GOAL 4.B.2.: €HR%-rnnDTr;.nil-rj.nrr MAINTAIN A COMPREHENSIVE EMERGENCY 7% MANAGEMENT PLAN FOR THE CITY AND CONTINUE ITS COORDINATION WITH PALM BEACH COUNTY REGARDING HAZARDOUS MATERIALS RESPONSE. Objective 4.B.2.1.: The City shall iiiaintain a Comprehensive Emergency Management Plan and provide support for - the countywide Emergency Management P1an-kWhe-h lf*k- - 'C*&iS. INFRASTRUCTURE 4-3 communities to ensure ' along with building permits and occupational n of hazardous materials or hazardous wastes. Objective 4.B.2.2.: STORMWATER MANAGEMENT GOAL 4.C.1.: PROVIDE ADEQUAT MANAGEMENT FOR ALL PROPER Objective 4.C.l.l.: Bp?Q8&-#1&2@ ~e~~~~ update the adopted 2002 City of Pa11 coordination with South Florida Watt Beach County Iinpreovenient District ( CITY-WIDE DRAINAGE AI' u' IN THE *CITY. D STOR I IWATER ii- ' FuVH 66 . Maintain and Beach Gardens Stormwater Management Plan in Management District (SFWMD) and North Palm PBCID). 17 its consultants and staff, shall assess and update the endations that would result INFRASTRUCTURE 1 4-4 0' in improvements to SFWMD structure S-44,&Canal C-17, G-160, C-18 and other essential flood control methods to more adequately meet flood control level of service. Policy 4.C.1.1.3.: The level of service standard (LOS) for new development will be to have the finished floor above the flooding from a 1 00-year, 3-day storm with zero discharge, or as permitted by SFWMD, including conveyance and retentioddetention designed for a 3 day/25-year storm for developments greater than or equal to ten (1 0) acres or for a 1 day/25-year storm for developments less than ten (1 0) acres in size. Additionally, the LOS for new development shall require that off-site discharges are limited to historic (predevelopment) discharges and retentioddetention requirements shall be the first 1'' of run-off or 2.5 inches x the percent of impervious area for the project, whichever is greater, if wet storage is utilized and 75% of wet detention, if dry storage is utilized. All of the above shall be in accordance with SFWMD Rules and Regulations, Basis of Review for Environmental Resource Permit (ERP) Applications. The LOS for redevelopment shall conform with the requirements for new development. The minimum LOS for existing development shall be a surface water management system that protects existing finished floor elevations from flooding during a l-day/lOO-year storm.'' Policy 4.C.1.1.4.: e Stormwater Management Plan describes methods of increasing or maintaining groundwater recharge. Objective 4.C.1.2.: By the year 2010, the City will have implemented the recommendations of the 2002 Stormwater Management Plan. h#&&wm4 ' 9- The City will continue to give guidelines and review applications for development approval on the basis of the City of Palm Beach Gardens Code of Ordinances and the South Florida Water Management District, Basis of Review for Environmental Resource Permit (ERP) Applications. In each case a proposed project will need to demonstrate the availability of positive legal outfall for the off site discharge of stormwater and the hydraulic capability thereof. Policy 4.C.1.2.1.: New development within the City shall make all necessary improvements to the downstream off-site surface water management systeni(s) to adequately store and/or convey any additional permitted stormwater discharges so as to not cause adverse offsite impacts. Objective 4.C.1.3.: The City shalI adopt stormwater quality standards consistent with state water policy established in Florida Administrative Code 62-40.432(1)-(4), South Florida Water Management District criteria pursuant to ERP Rules, and the City shall achieve the effective prohibition and maximum extent practicable standards from Section 402(P)(3)(B) of the Federal Clean Air Act. INFRASTRUCTURE 4-5 Policy 4.C.1.3.1.: l3yWN-h >- Management Pmgmm Plan which applicable, federal, state and region pollution prevention measures, authority, and other appropriat municipal separate storm sewer system. Policy 4.C.1.3.2.: The Storm effectively prohibit the disch reduce the discharge of pollut practicable. Policy 4.C.1.3.3.: Water qu consistent with water quali Environmental Resource Permits. maintain and update the 2002 Stormwater es overall water quality standards consistent with s and regulations. This pmgm-m plan W includes iques, stomwater monitoring, use oflegal ality of stomwater discharged from the am shall include controls necessary to o municipal separate stom sewers, and rate storm sewer to the maximum extent e water management systems shall be MD rules governing the issuance of POTABLE WATER GOAL 4.D.l.: T43-E PROVIDEsrePJ SUSTAINABLE POTABLE WATER THE CITY. Objective 4.D.1.1.: The PO element shall be maintain Seacoast Utility Authority. Policy 4.D.l.l.l.: The City service standard of 191 gal standard for the urban are provision is approved by t Policy 4.D.1.1.2.: The Ci standard of 258 gallons p Policy 4.D.1.1.3.: The C SAFE, HEALTHY, APWDEPENDABLE, AND LY TO ALL RESIDENTS AND BUSINESSES IN service standards established in this such time as they are revised by the ily potable water consumption level of his shall serve as the level of service ter wells, unless alternative service y 9.1.4.2.(a)-(d). water consuinptioii level of service ter treatment plant capacity level of service standard of 258 gallons per City resil Policy 4.D.1.1.4.: The City shall adopt a mi standard of 34.4 gallons per City resident pe Policy 4.D.1.1.5.: The City shall adopt a in' JNFRASTRUCTURE it per day. num potable water storage capacity level of service lay. 0 i 'I mum water pressure level of service standard of 20 4-6 pounds per square inch. Policy 4.D.1.1.6.: The City shall not approve development permits which, if approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1.- 4.D.1.1.5. of this element. Policy 4.D.1.1.7.: The City shall coordinate with Seacoast Utility Authority to adjust potable water service provision plans and to establish policies preventing urban sprawl, consistent with the Urban Growth Boundary concept Objective 4.D.1.2.: In accordance with section 163.3202, F.S., the City, via the Seacoast Utility Authority, will have a cross-connection control program. Policy 4.D.1.2.1.: The City, through its membership in the Seacoast Utility Authority (SUA) consortium, will encourage SUA to continue its aggressive cross-connection program. Objective 4.D.1.3.: The City, will continue to coordinate-with Seacoast Utility Authority and the Palm Beach County Department of Environmental Resource Management, in the identification of future wellfields and the City will modify proposed land uses -1 to protect the wellfields. Policy 4.D.1.3.1.: As new wellfields are identified, land uses will be evaluated and, if incoinpatibility is determined, compatible land uses or restrictions on activities will be identified in hture Comprehensive Plan amendments. Objective 4.D.1.4.: The City will continue to monitor County Health Department reports regarding the facilities using on-site domestic wells that do not comply with state statutes. The City will contact the County Health Department and Seacoast Utility Authority on a quarterly basis to inquire about recently identified failing systems. Eildentified, the City will assist the Health Departnient and Seacoast Utility Authority implement a plan to provide approved wa ter supplies to these parcels of non-compliance. Policy 4.D.1.4.1.: The potential for well containination will be examined as the County Health Department determines who is using on-site domestic wells that do not comply with state statutes. Policy 4.D.1.4.2.: The City will encouarge, via its status as a ineinbei- of the SUA consortium, that the SUA adopt a policy requiring connection to an approved public water supply within ninety (90) days of that supply being available. Objective 4.D.1.5.: The City, throudi its membership on the Board, shall establish procedures to coordinate the extension and increase in the capacity of potable water facilities to meet future needs. INFRASTRUCTURE 4-7 Policy 4.D.1.5.1.: The City wil available capacity from Seacoast Policy 4.D.1.5.2.: The City wi e urban area without an executed agreement for service between Authority, or alternate provider. Policy 4.D.1.5.3.: The City pancy in the urban area without written acceptance of the wate GOAL 4.D.2.: THE CON N OF PUBLIC DRINKING WATER SUPPLIES. Objective 4.D.2.1.: The City reduce the -per capita con conserving plumbing fixtures through education of the cons Policy 4.D.2.1.1.: The City existing construction awd th Policy 4.D.2.1.2.: The City for irrigation in new develo to define methods to disco Objective 4.D.2.2.: The to continue to evaluate t reuse systems. Policy 4.D.2.2.1.: The courses to investigate in wastewater effluent as th is available. submittals for development to obtain a statement of l&i&ies prior to site plan approval. ority, or alternate provider. opment and redevelopment to courage the switch to water in existing and new structures g plumbing fixtures in new& and encourage reclaimed water 11 work with the regional utility Policy 4.D.2.2.3.: By 2009, the City shall compliance with Chapter 163, Part 11, F.S. Policy 4.D.2.2.2.: The City shall continue the Seacoast Utility Authority to native treatment systems supply sufficient to sei-ve by this and other via its membership in the SUA consortium, ofpotable water and to develop alter- to maintain a potable water the level of service adopted the service area. adopt a 10-year Water Supply Facility Work Plan in INFRASTRUCTURE I 4-8 , i f ! T AQUIFER RECHARGE GOAL 4.E.l.: INCREASE GROUNDWATER RECHARGE WHERE PRACTICABLE. Objective 4.E.1.1.: Within 18 months after approval txmpkhmby SFWMD, the City shall use the recommendations of the Lower East Coast Water Supply Plan Update to evaluate and amend the comprehensive plan to address its groundwater recharge policies. Policy 4.E.l.l.l.: The City shall continue to regulate land use and development activities so as to minimize impacts on the quality of aquifer resources and wellfield zones, especially those activities which may affect natural recharge areas or surface-waters. , Policy 4.E.1.1.2.: The City shall continue its coordination with Seacoast Utility Authority on I groundwater recharge policies and plans. INFRASTRUCTURE 4-9 COASTAL MANAGEMENT ELEMENT Goals, Objectives and Policies (0 GOAL 5.1.: ENSURE THE SOCIAL, ECONOMIC, AND ENVIRONMENTAL RESOURCES OF THE PALM BEACH GARDENS COASTAL PLANNING AREA ARE PROTECTED, MAINTAINED AND ENHANCED THROUGH THE REGULATION OF DEVELOPMENT ACTIVITIES THAT WOULD DAMAGE OR DESTROY SUCH RESOURCES, TS- EIFM rr% I AW) XI P- Objective 5.1.1.: e - Maintain sustainable land development regulations which regulate development in the coastal planning area in a manner which preserves, protects, or enhances the wm&&+g coastal planning area resources. The J ALF 1u Policy 5.1.1.1.: The City will continue to maintain land development regulations which shall limit erosion control measures to those that do not interfere with norinal littoral processes or coastal natural resources. '0 Policy 5.1.1.2.: The City shall maintain, within its land development regulations, requirements to ensure that landscaping in the coastal planning area requiring site plan review shall consist of a miniinurn of 90% native vegetation. Policy 5.1.1.3.: The vegetation removal perinit issued to a new development or redevelopment in a coastal planning area shall require that, during construction, all new development redevelopmelit within the coastal planning area shall remove all nuisance and exotic vegetation, including, Australian pine, Brazilian pepper, and Melaleuca from the site. Policy 5.1.1.4.: In an effort to iniiiiinize the impact of development activities on the estuarine water quality and productivity, the City's land development regulations shall be maintained to include specific provisions controlling the building setback from the shoi-eiine and requiring that a native vegetation buffer be preserved or established along the shoreline and access to a water body be provided in such a way as to minimize the impact on the shoreline vegetation and the littoral zone. Policy 5.1.1.5.: The following criteria shall continue to be applied to all proposed marinas during the preparation of specific marina siting plans: a. Preference shall be given to sites which have been legally disturbed or identified as j 0 COASTAL MANAGEMENT 5-1 i 1 I b. C. d. e. f. g. h. 1. j. k 1. Landscape buffers and setbacks uses. eleme&s as opposed to sensitive areas such as ters and Critical Manatee Habitat. Prior to operation of marina facilities, the developer shall concuii-ently subinit to shall be included to mitigate impacts upon adjacent land Marinas shall prepare hurricane plans which describe measures to be taken to minimize damage to inarina sites, neighbo I ing properties, and the environment. COASTAL MANAGEMENT 5-2 This hurricane plan shall be reviewed and approved by the Fire Chief Emwgemy m. Marinas shall identify which docking facilities are to be rented and which are to be sold. Areas available to the public shall be identified and maintained as such. n. All applications for marinas shall include a market study indicating the need, market area, and user profile of the marina and which shall include projected costs and revenues proving the economic feasibility of the marina. 0. Dry slip use shall be maximized in order to minimize impacts on water quality and minimize the areas extent of disturbance of the estuary. p. New marina facilities shall be designed to maximize the water quality benefits of existing water circulation and shall not adversely affect existing circulation patterns. Improvement of circulation shall be a preferred consideration when expanding or upgrading existing facilities. q. All new and expanded marinas shall provide a demonstration of compliance with State Water Quality Standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Regulation (FDER). Policy 5.1.1.6.: Coastal wetlands shall be protected through regulations that require: a. Site plans for new development to identify the location and extent of wetlands located on the property; b. Site plans to provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; and c. Alteration of wetlands to be mitigated for by restoring the disturbed wetlands or by creating additional wetlaiids within the coastal area in compliance with the Federal, State and South Florida Water Management District (SFWMD) regulations. 0 b j e c ti ve 5.1.2, : TkAX=yslmMn/3 a i 11 t ain 1 and develop men t reg u 1 a ti o 11 s w 11 i c h I- e cl II i I- e ;I I1 development along the tidal ditches to preserve a native vegetation buffer. Policy 5.1.2.1.: The land developinent regulations shall continue to maintain provisioiis for the preservation of the tidal ditch approved species vegetation. . Policy 5.1.2.2.: Drainage systeins associated with new development or 1-edevelo~nient shall not cause a significant fluctuation in water quality or quantity in the tidal ditches so as to create a marked change in either the flora or fauna of the tidal ditch area. (0 COASTAL MANAGEMENT 5-3 City shall utilize the plan dxi4-l recommend remedial actions. Objective 5.1.3.: that the marine h intain land development regulations which ensure Waterway (ICWW). Policy 5.1.3.3.: The City shall contin e to propose to the State that rip- rap or other similar measures be used in the ICWW to i crease the marine habitat. Additionally, the City shall support the Palm Beach County Depa ment of Environmental Resources Manageinent in its habitat protection program in all applica le areas, including the Intracoastal Waterway. Policy 5.1.3.4.: In order to reduce n n-point source pollutant loading's and improve the functioning of the City's drainage sy tem, the City shall continue to enforce regulatjons to prohibit dumping of debris of an kind, iiicluding yard clippings and triininings, into drainage ditches, storniwater control sti I ctures, the ICWW and Little Lake Worth. information on all species of special planning area and adopt specific coordination with other agencies. Policy 5.1.4.1.: The City shall contince COASTAL MANAGEMENT concern that either inhabit or transit the coastal regulations to provide for their protection to compile an inventory of all known nesting sites, 5-4 feeding areas, breeding grounds and areas of transit for species of special concern. Policy 5.1.4.2.: The City shall maintain land development regulations to provide for the maximum protection of all species of special concern identified in the coastal area and their habitats. (e Policy 5.1.4.3.: The City shall assist Palm Beach County to ensure that all known manatee areas are adequately posted with manatee warning signs. If the problem of boat speeding persists in spite of the warning signs, the City shall encourage regulatory agencies to establish no wake zones in the known manatee areas. The following corresponding policies are proposed to be relocated to the Future Land Use Element Objective 5.1.5.: The City shall maintain land development regulations which provide for the protection, preservation, and reuse of public and private historic resources as provided for in the Future Land Use Element, Objective 1.2.5. Obiective 5.1.6..: Maintain and implement the Marina Siting Plan for Palm Beach County, prepared by the Treasure Coast Regional PlanninP Council. COASTAL MANAGEMENT 5-5 NATURAL DISASTERS AND Objective W. 5.2.1: --e which ensure that building and minimizes the danger to life and property Policy 5.2.1.1.: The City’s Coastal High Hurricane evacuation zones, as located (SLOSH) model. HAZ.4RDS. - Continue to maintain land development regulations development activities are carried out in a manner which from hurricanes and floods, Hazard Area (CHHA) shall be identified as Category 1 by the Sea, Lake and Overland Surges from Hurricanes use types and intensities within the CHHA are consistent with: Policy 5.2.1.2.: The City’s Hurricane Hurricane evacuation zones, as located Policy 5.-%&k 5.2.1.3.: The land and replacement sanitary sewer faciliti and insure that raw sewage does not COASTAL MANAGEMENT Vdnerability Zone (HVZ) shall be identified as Category 3 >y the SLOSH model. development regulations shall continue to require that new 2s in flood zones are flood-proofed to prevent inflow leak fiom sanitary sewer facilities during flood events. 5-6 b. Vested development rights; c. 9 The hazard mitigation annex of the 1995 Comprehensive Emergency Management Plan updated in 2003 and the Treasure Coast Hurricane Evacuation Study; d. Those which maintain a hurricane evacuation time as established in the Palm Beach County 1995 Comprehensive Emergency Management Plan, updated in 2002. e. The goals, objectives and policies of this element and the Conservation Element of this Comprehensive Plan concerning the protection and preservation of natural resources. Policy 5&6& 5.2.1.6.: The City's Public Works Department shall continue its program to regularly provide trimming and pruning of City street trees and trees on City property as a pre- hurricane precaution to windthrown hazards. Objective 5Ak 5.2.2.: Provide for public safety during emergency evacuation by maintaining or reducing the City's build-out emergency evacuation clearance time, maintaining an adequate emergency evacuation roadway system and providing for adequate emergency shelters located outside of the CHHA and HVZ. Policy M.: 5.2.2.1.: The City shall cooperate with Palm Beach County in maintaining the hui-ricane evacuation time as established in the Palm Beach County Comprehensive Emergency Man a Pemen t P 1 an. P&y 5 .!.7.1.: Policy 5.2.2.2.: The City shall coordinate with the county to determine the most efficient evacuation routes and shelter space. 44AieM Policy 5.2.2.3.: The city shall maintain densities in the existing residential developments in eex&kw+the CHHA as approved in the development plans. Residential densities in the future annexation eei&&mm . the CHHA shall be established consistent with the above Objective. Policy 5.2.2.4.: By 2009, the City shall assess compliance with the adopted level of service for out-of-county hurricane evacuation foi- a category 5 storm event as measured on the Saffir- Siinpson scale, as required by F.S. 163.3178 (9)(b) Policy 5.2.2.5.: Emergency technical data reports and plans used in emergency management for hurricanes, floods, and other emergencies should be updated annually to reflect changes in population size and distribution, location of high-risk populations, adequacy of transportation systems and emei-gency shelters (including public schools) located outside of the coastal high hazard area and the latest scientific findings affecting emergency management. COASTAL MANAGEMENT \a 5-7 i County Emergency Management. w el fare. Policy SkL€L& 5.2.3.3.: The Re Task Force shall have the following responsibilities: review and decide building pennits; coordinate with state and federal officials to prepare analyze and recommend to the City Council hazard or relocation of damaged public facilities; amendments to the Comprehensive policies and procedures. COASTAL MANAGEMENT 5-8 ! ! Policy 5&&k 5.2.3.4.: The City shall pursue the following post- emergency activities: immediate repairs to potable water, wastewater, and power facilities; removal of debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Ltmg-km +%de Policy SAk% 5.2.3.5.: The City shall continue to maintain land development regulations to require structures which suffer damage in excess of fifty percent of their appraised value, to meet all current requirements including those enacted since construction of the structure. Policy 5.2.3.6.: The City shall continue to require structures which suffer repeated damage to pilings, foundations, or loadbearing walls to rebuild landward of their current location or modify the structure to delete the areas most prone to damage. Policy M4Gk 5.2.3.7.: The Recovery Task Force shall review all interagency hazard mitigation reports as they are produced and make recommendations for amendments to the Comprehensive Plan accordingly. Policy 5.2.3.8.: The City shall work closely with Palm Beach County and adjacent municipalities to purchase or otherwise acquire the right to use a property of 5 to 10 acres by December 31, 2012 for the dual function of open space and a debris removal site in close proxiinity (five iniles or less) to the City. I I The following objective and corresponding policy is relocated to Goal 1 of this Element I Objective W.: 5.2.4.: The level of service standards adopted for the entire City in the Capital Improvements Element and other elements of this Coniprehensive Plan shall continue to be applied to the traffic circulation and infrastructure facilities of the Coastal High Hazard Area (CE-IHA) eeitshl-ftw~ whenever development orders or permits are requested. The service area and phasing of such facilities shall be consistent with the goals, objectives, and policies of this and all other elements of this Comprehensive Plan. @ COASTAL MANAGEMENT 5-9 Policy W.: 5.2.4.1.: The City elsewhere in this Comprehensive additional standards under this object: requested. Policy %M&k 5.2.4.2.: As part of developments and redevelopments which adopted levels of service standards infrastructure constructed to City adopted levels of service standards Policy 5&l-&k 5.2.4.3.: The City shdl from the coastal high hazard eeastd this area. Policy 5.2.4.4.: The City shall limit COASTAL MANAGEMENT shall apply the level of service standards adopted ?lan for facilities in the eeashhm CHHA and the ve whenever development orders or permits are the development approval process, the City shall require would cause public facilities to operate below their to provide for, either in the provision of fees or standards, the facilities necessary to maintain the concurrent with the impacts of the development. encourage the location of public infrastructure away areas, and shall limit the amount of public expenditures in pLblic expenditures that subsidize development permitted 5-10 CONSERVATION ELEMENT Definitions : LISTED SPECIES - Those species designated as endangered, threatened, or of special concern PROTECTED - Refers to official federal, state, or internationally treaty lists which provide legal protection for rare and endangered species THREATENED SPECIES - Species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subjected to serious adverse pressures throughout their range. ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soils, water, air, etc.) that hiiction as a dynamic whole through organized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: ‘0 1. U.S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Coinmission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agi-icultui-e 5. Treasure Coast Regional Planning Council Goals, Objectives and Policies GOAL 6.1.: THE PJ-A, rr-Escm=xz-x-aw+- €2d?mws cu/LLT&-mwED-wn IP! ‘A lvL4NNER ’5’1 +&€€€I ~5&wm~~Fwms, ‘\ND $7‘$~ . PRESERVE, MANAGE, OR RESTORE THE NATURAL RESOURCES IN THE CITY TO ENSURE THEIR SUSTAINABILITY, HIGH QUALITY, AND CRITICAL VALUE TO THE QUALITY OF LIFE IN THE CITY OF PALM BEACH GARDENS. Objective 6.1.1. and corresponding policies have been relocated to the proposed Goal 6.2 (0 CONSERVATION 6-1 Objective M.: 6.1.1.: Tb&y-&& manage surface and sub-surface wate as natural habitats and utility for rec regulations shall protect and inainta estuarine waters in the City. Policy &KLk 6.1.1.1.: The City shall management practices are required. Policy &&&k 6.1.1.2.: The City slial ensure that: b. Site plans provide measures to provided to maintain wetlands af a. Site plans for new developinent the property; C. Where alteration of wetlands is either the restoration of disturb€ be created to mitigate any wetlar d. Land Aslteratioii or developine CONSERVATION ee&me-& muaintain development regulations to resources in a manner which ensures their viability eational and potable water uses. Furthermore, the ! the quality and quantity of waters that flow into ontinue to maintain drainage regulations to ensure best contjnue to maintain land developn~ent regulations to dentify the location and extent of wetlands located on ssure that norinal flows and quality of water will be :I- development; ecessai-y in order to allow reasonable use of property, wetlands will be provided or additional wetlands will destruction; within the pmpsed Loxahatcliee Slough restoration 6-2 i so area (ecosite) or the adjacent lands within the Loxahatchee watershed are consistent with South Florida Water Management District (SFWMD) policies for water quality and quantity and SFWMD plans for modifying the hydroperiod and water levels in the area; e. Proposed developments comply with the Wellfield Protection Program adopted by the county; and f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy 6&4& 6.1.1.3.: The City shall require the review of all proposed wetlands development with the Florida Department of Environmental Protection (DEP), SFWMD, Treasure Coast Regional Planning Council (TCRPC), and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy &€&k 6.1.1.4.: Through the continued implementation of land development regulations, the City shall ensure that new developments and redevelopments are designed in such a manner as to minimize the impact of such developments on the quality of surface and ground water resources, and to further ensure that new developments and redevelopments do not exceed the capacity levels for potable water and/or sanitary sewer services. Policy the tidal ditches along RCA Boulevard to prevent salt water inti-usion into the shallow aquifer. Policy 6&&& 6.1.1.6.: The City shall continue to maintain laiid development regulations to ensure such regulations are consistent with and implement the county Wellfield Protection Program. 6.1.1.5.: The City shall continue to encourage the placement of a salinity dam in Policy &W 6.1.1.7.: By implementing the provisions of the county Wellfield Protection Ordinance, the City shall continue to ensure that no new uses are establishcd within the zones of influence of existing or proposed wellfields that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields are located in areas where no regulated matei-ials (e.g. hazai-dous or toxic materials) are used, handled, stored or produced within the projected zones of influence of sucll wells or well fi elds. Policy 6&83 6.1.1.8.: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring and maintaining the Loxaliatchee Slough and managing the Loxahatchee Slough Sanctuary. The City, in conjunction with tlie SFWMD and Palm Beach County, shall review any development adjacent to tlie Sanctuary for possible adverse impact 01.1 the Sanctuary during the development approval process. (0 CONSERVATlON 6-3 rttNJonitor and enforce provisions for monitoring and FWMD, and other viable programs such as: Objective M 6.1.3.: =Maintain land development regulations incoi-porated area of the City. w+&miVJaintain land development regul a t' 1011s to ensure that a11 ecological and rare species, are and marine life, especially endangered Objective &-I-& 6.1.4.: The Policy &k&k 6.1.4.1.: The City's land regulations will continue to ensure that: a. All endangered and threatened pl marine populations are protected; b. Habitat of critical value to regio a1 populations of endangered and threatened species is CONSERVATION 6-4 preserved; 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 (0 c. 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. Policy &I-&& 6.1.4.2.: Development orders and permits for development and redevelopment activities shall be issued only if the protection and conservation of wildlife, marine life and natural systems are ensured consistent with the goals, objectives, and policies of this Comprehensive P1 an. ~~ Policies 6.1.5.34a) and (b) have been relocated to Objective 6.1.6. . .. Policy &IS& 6.1.4.3.: The City shall maintain land development regulations containing specific standards and guidelines for the protection of environnientally sensitive lands containing one or inore of the following: .. a. && Native habitats designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern; b. A rare and unique upland community such as coastal scrub; c. Functioning and jurisdictional wetlands and deepwater habitats; 1 (0 CONSERVATION 6-5 d. e. f. g. h. 1. j. k. 1. m . n. 0. P. 9. r. CONSERVATION Any part of the Loxahatchee Sites of historical or Xeric hammock or xeric scrub; Low hammock, Mixed Tropical hammock; 6-6 Pond apple slough; Cypress swamp; Freshwater marsh; Mangrove swamp; Oak forest; Pine flatwoods, mesic and hydr Scrubby flatwoods; Coastal dune and strand; Wet prai ri et- Policy &ELL+ require that an environmental assessment be prepared prior to alteration of the land with the provisions of the Natural Resources and Environmentally Significant of the land development regulations. Policy 6;1-;5;k 6.1.4.5.: of environmentally sensitive areas and listed species, the City shall criteria either in combination or siiigly for any proposed alteration of significant pursuant Comprehensive 1. The project preservation of &HM& valuable or Plan policy 6454: 6.1.4.3. unique existing natural resources) listed species and environmentally significant lands on site; If no listed species have been determined to exist on the site or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; (0 2. 3. The City shall continue to require, through Land Development Regulations, that all development with significant environmental impacts, including agricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set-aside shall be based on the quality and viability of the vegetative ecosystem. The city shall have the option to designate the portion of the plant community which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. The city shall, for development occurring east of the Urban Growth Boundary, have the option of accepting off-site preservation or a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash payment amount and for determining which projects wai-rant the use of the cash payment option. A property owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash payment option to modify the preserve area. Wetland habitats are set-aside as preserves, and development is prohibited in wetlands 4a. 0 except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1 : 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public benefit which would exceed those lost the public as a result of habitat altei-ation, deRradation, or destruction thesiwc%&&kfi; 3) Such an activity is proposed for habitats in which the fi~nctions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Such an activity is water deliendeiit or, dBue to the unique geometry of the site, minimal impact is &the unavoidable consequence of development For uses which are appropriate gi veil sit e cliaract eris ti cs, or; 4b. Wetlands shall be pi-otected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a density of no more than one i'0 CONSERVATION 6-7 site. Consistent with SFW of native vegetation shall be ved or established around wetland areas. located on site; or (SWA). Policy 6J&k 6.1.5.1.: The City shall oi-k closely with and seek technical assistance from the DEP and SWA in identifying sniall q iantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy &&AS&+ 6.1.5.2.: The City shall ooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for pr per disposal. i Objective W 6.1.6.: Tk€%y&d and development policies to ensure annexed lands or lands newly acquired the goals, objectives, and policies of this Policy 6&M+ 6.1.6.1.: The City shall approved by the county but later preservation areas as required by the original CONSERVATION ee&kmeb rtt\/laintain land development regulations the provision of conservation measures on newly for the purpose of conservation in accordance with Comprehensive Plan. ieview the inaster development plans of all subdivisions ann3xed by the City for the provision of conservation/ development order. 6-8 Policy &G?k 6.1.6.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. (0 Policy 6.1.6.3.: 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 areas such as the Loxahatchee Slough, Sandhill Crane and Hungryland Slough and which fall under multiple local iurisdictions. Further, the City shall assist in the Loxahatchee Slough, Sandhill Crane and Hunmyland Slough ecosites’ protection by designating complete ecosites with Conservation land use and a consistent zoning district, and assisting with management activities. Policy 6.1.6.4.: After the acquisition of new lands by agencies intended to conserve ecosites, the City shall coordinate with Palm Beach County and other applicable outside agencies in order to obtain a Management Plan for the ecosite, and desipnating the appropriate properties with a Conservation land use and a consistent zoning district. Objective 6Mk 6.1.7.: Implement the plan for all or a part of the Parkway System Perior to the 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, +h+pk&w Policy &MLk 6.1.7.1.: The City shall continue to maintain land developineiit regulations to ensure the implementation and design of the Parkway System. Policy &G%k 6.1.7.2.: The parkways shall be designed, developed and maintained to serve a multitude of functions including: a. Preservation of significant native ecological communities in greenways along the City’s iiiaj or corridors; b. Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; c. Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Futui-e Land Use Element of this Coni p r elieiis i v e P 1 an, w h el-e app 1 i cab 1 e; d. The buffering of adjacent roadways, land uses and developments, where applicable; and e. The provision of public access to the restored Loxahatchee Slough, where applicable. ( CONSERVATION 6-9 f. Preserve urban beauty through ri g. Provide residents with a safe ar urban component of the Florida ( h. Eliminate a perceived need for 1 residential areas; and i. The phasing of the establishmen phasing of development in thi presented in the Future Land Usc Objective W 6.1.8.: Tb€%pkl conjunction with the efforts of other the protection and preservation of I space for this purpose. Policy W 6.1.8.1.: The City : development regulations with specific requirements. Policy 6&!Lk 6.1.8.2.: The City SI conservation areas to amass significant1 for public dedication and use through la. Policy 6&!Kk 6.1.8.3.: Thi-ough the endeavor to connect open space and c( wherever possible. Policy W 6.1.8.4.: The Ci coiiservation/preservation areas and sub Policy &I+% 6.1.8.5.: The City sha required preserve areas for environmeiit (1) Lands to be set aside in preserve a. Identified based on thc proximity to other natura b. Preserved in viable cond and maintained without i easements serve to bent drainaEe of the developir CONSERVATION t of way landscaping requirements; multi-use pathway system which is recognized as an '0 :enways System; ng strip commercial as a buffer between arterials and )f the parkways shall, at a minimum, be relative to the area included within the Conceptual Linkage Plan ,lement of this Comprehensive Plan. nhJain tain land development regulations which, in lgulatory agencies having jurisdiction, Wensure ive habitats, and maximize the provision of open 111 maintain open space requirements in the land :ference to conservation and preservation land area 1 endeavor to "collect and concentrate" open space arge land areas that will be left in their natural settings d eve1 opin en t regulations . e plan and subdivision review process, the City shall ;ervation/presel-vation areas with the Parkway System shall require all developers to identify all t all appropriate inforination to regulatory agencies. maintain the following minimum requirements to all y sign i fi can t 1 and s . eas shall be: quality of habitats, the presence of listed species, reas and other relevant factors. on, with intact canopy, understory, and ground cover, I I ~ I i-ingement by drainage or utility easements, unless the t the preserve or facilities thereupon, or benefit the it the preserve is located. I 6-10 I I C. d. e. f. g. h. 1. 1. k. 1. Platted as separate parcels of land, or as an established conservation easement. €Capable of functioning within itself or in conjunction with manmade features. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or human-made open space or combination thereof. Maintained as large open or green areas with the intent of preserving large areas to promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas to conceptually function as wildlife corridors. One-hundred-percent protected from alteration during site construction. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where possible. The use of preservation areas as long, narrow buffers is discouraged. Protecting and preserving of all endangered and threatened plant, animal and marine populations and the habitat of critical value to regional populations of endangered and threatened species. Consistent with South Florida Water Management District regulations, such that a ininimuin 1 5-foot upland buffer composed of native vegetation shall be preserved or established around wetland areas landward from the edge of the wetland in all places and shall average 25 feet of width from the landward edge of the wetland. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized by the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may be iiicluded in open space calculations for purposes of meeting open space requirements of the city's planned community district or planned unit developinent ordinances if the canopy, understory, and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. (2) Alteration within the preserve shall require City approval, and shall be limited to: ; CONSERVATION 6-11 '. 1. 2. 3. The construction recreational or edi The construction I invasive nonnativ use of native p firebreaks is prel lanes, which wo nonnative plant : underbrush and o plant communi ti e Primary public/ conservation lanl sensitive lands, j aquifer recharge i percent preserva habitats, unless 01 Policy 6&9& 6.1.8.6.: The City shall a management plan for all preservation i a) A management plan of the pres1 city shall include but not be limited to continued removal of and protection alteration which may disturb the pre removal of invasive nonnative plant SI hydrological requirements. Periodic pre simulate the natural processes of the nat b) Each inanagement plan shall be land development regulations approval of constiuction drawin) first, and/or incorporation into t wi ldli fe coi-i-idor. (c) Deed restrictions. (1) For those lands identifiec placed on the lands and 1 be dedicated to a public purposes of preservatic granted in perpetuity r measures may be establi: CONSERVATION f boardwalks, pervious walkways, and other passive ational facilities. firebreaks, fire lanes, or fence lines and the removal of species and their replacement with native species. The nt communities, existing roads and trails, etc., as red to the construction of new access roads or fire d result in the introduction and spread of invasive ecies. Bioconversion of woody biomass, removal of mrowth, or thinning of dead, dying or diseased native s encouraged for hazardous fuel reduction. stitutional buildings shall be prohibited in the use designation and within other environmentally Zluding wetlands, 1 00-year floodplains, groundwater :as, areas set aside by the development to meet the 25- In of native ecological communities and wildlife :rwise approved by the city council. aintain the following minimum requirements to require :as and/or conservation lands. ve area and/or any other conservation areas within the mg-term protection of the preserve/conservation area, 3in litter and debris, avoidance of activities or land rve area, eradication and continued inoni toring and ies, control of off-road vehicles, and maintenance of ribed burning or other mechanical methods that would a1 historic fire regime may be required For some areas. ~pproved, pursuant to Coinprehensive Plan Policies and I the Growth Management department, before final or commencement of land alteration, wliiclievei- occurs : city as a conservation area, open space, greenway, or 'or preserve status, appropriate deed restrictions shall be ;orded in the public records of the county, or they may :ntity or approved private conservation group for the , or appropriate restrictive conservation easements iy be established, or such other similar protective ed, as determined by the city council, upon completion 6-12 of all review processes. A conservation easement shall be established for a preserve area on a single- family residential lot five acres or greater in size. The deed restriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. (2) (d) The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recorded instrument. Policy W 6.1.8.7.: The City shall provide for a voluntary density bonus program for land use designations of residential high (RH) to permit densities up to a maximum of 15.0 units per gross acre, based on one additional unit of density allowed for every ten percent of native ecological habitat put into a preserve within the planned community district (PCD) tq+t+a minimum preservation and open space areas provided in accordance with standard PCD requirements. r\ 1< n nv VI I2.W gmss+e~. These preserve areas shall be over and above the Policy 6&9& 6.1.8.8.: The City shall maintain in the land development regulations iqtwmg requirement for the removal of invasive nonnative species froin 7 development tracts. GOAL 6.2.: ENCOURAGE AN ENVIRONMENTALLY SUSTAINABLE CITY THROUGH ACTIONS THAT REDUCE GREENHOUSE GAS EMISSIONS AND OTHER POLLUTANTS AND REDUCE THE USE OF NON-RENEWABLE RESOURCES. Obiective 6.2.1.: Meet or exceed the minimum air quality levels established by DEP. Policy 6.2.1.1.: In accordance with section 163.3202, F.S., the City shall continue to maintain land developinent regulations that ensure the protection of eiivironinentally sensitive lands d esi glia t ed in the comprehensive p 1 a ti. Policv 6.2.1.2.: Reduce pollution generated by motor vehicles by promoting cleaner burning, energy efficient vehicles, includin~ hybrid vehicles and alternate fuels such as biodiesel and fuel cell technology, as well as through public education and encouragiiiy the following: 1. The creation of mixed use land use centers and residential foiin which utilizes clustering and Planned Unit Development and Mixed Use Development styles of design; 2. Vegetative buffers between arterial roadways and residential neighborhoods; 3. The use of a1 ternative modes of transportation including public transit, bicycle and pedes t ri an path s/co 11-i d ors , I i gh t r ai 1, and car- p o o 1 i ng. 4. The iinplementation of the parkway system, the installation of sidewalks for all new developments, the retrofit of neighborhoods with sidewalks and the repair of existing 1. CONSERVATION \ 6-13 Objective 6.2.2.: Increase educatiol: environmentally sustainable products about sustainable building practices and use of within the City of Palm Beach Gardens. encourage coiiservation. CONSERVATION Policy 6.2.2.5.: By December 31, 2009, Regulations to consider the addition of 6-14 the City shall review the City's Land Development specific energy efficient and recycliiig regulations to RECREATION AND OPEN SPACE ELEMENT Goals, Objectives and Policies GOAL 7.1.: PROVIDE ADEQUATE SUSTAINABLE PARK, RECREATION AND OPEN SPACE FACILITIES AND AREAS OFFERING A BROAD RANGE OF ACTIVITIES, CONVENIENT ACCESS, APPROPRIATE IMPROVEMENTS, AND SOUND MANAGEMENT TO ALL CURRENT AND FUTURE CITIZENS OF PALM BEACH GARDENS WITH ACTIVE AND PASSIVE RECREATION OPPORTUNITIES IN THE INTERESTS OF PERSONAL HEALTH, ENTERTAINMENT, AND CONSTRUCTIVE USE OF LEISURE TIME. Objective 7.1.1.: - Provide open space areas, and active and passive recreation facilities and areas for residents of Palm Beach Gardens in a timely manner so as to comply with the Llevel of Sservice (LOS] standards set forth by this element and to maintain such compliance in subsequent years. Policy 7.1.1.1.: The City shall adopt a kv&&wwx standard of 3.7 acres of improved neighborhood and community parks for each 1,000 permanent City residents. Parks and recreatioii facilities shall be located to serve the entire city populatioiiL-sktsew& .. Policy 7.1.1.2.: The City shall achieve the standard set Forth in this element through an equitable and systematic land ac~~!~~-ain and impact fee program. Policy 7.1.1.3.: By December 31, 2009, the City shall review its LOS standard to reflect current trends. The LOS standard shall consider the addition of specific types of facilities, such as soccer fields, basketball courts, tennis courts, etc. or more general categories, such as active and passive recreation areas and open space. The LOS staiidard shall also consider the addition of recreational programs. Policy 7.1.1.4.: The City shall continue to offer recreational prograins that coinpleinent and enhance the use of the City's recreational facility assets. The City shall annually monitor recreation progi-aim to assure that ai1 adequate diversity of programs addresses tlie recreation interests of different age groups, pal-ticularly cliildren, teenaEers, and tlie elderly. Additionally, the City shall assure that residents with special needs are adequately accommodated. Policy 7.1.1.5.: By Decembei- 31, 2010, the City shall adopt service area standards in the Land Development regulations for Planned Unit Development and Planned Community Developments and redevelopment within PUDs and PCDs to provide open space aid mini-parks within a walkable distance of homes and employment centers. RECREATION AND OPEN SPACE 7-1 standards as defined above. Mini-Parks (Tot-lots and pocket parks) The neighborhood park is a "walk or bicycle without encountering radius of up to one-half mile and size ranges from 2 to 15 acres generally located along streets where people can walk It serves the population of a neighborhood in a 2 acres for each 1,000 population. The desirable I Neighborhood Park RECREATION AND OPEN SPACE 1 7-2 Because the service areas of a neighborhood park and an elementary school often coincide, it is desirable for the neighborhood park to physically join the elementary school when feasible. Both park and school serve the same basic population, share compatible land uses, and maintain recreation facilities that are of mutual benefit. Examples of neighborhood parks include Mirasol Park, Oaks Park, Lilac Park, Riverside Park, Lake Catherine Park, and Plant Drive Park. '0 Since recreation needs vary from one neighborhood to another, site design should be flexible in order to meet the particular recreation needs of a neighborhood. Site design should also reflect the character of a neighborhood and incorporate compatible elements of both passive and active types of recreation. The park area should be suitable for intense recreational activities. Typical facilities developed in a neighborhood park may include play apparatus, recreation buildings, multipurpose courts, sports fields, picnic areas, and fiee play areas. Additional facilities may be added depending on the recreation demands of a neighborhood. Community Park A community park is a "ride to" park located near major streets or arterials. It is designed to serve the needs of four to six neighborhoods - which may be said to constitute a community - and serves community residents within a radius of up to three miles. P&m+&e& Mu1 ti-modal vehmdw Multi-modal access can be enhanced by bike paths and pedestrian walkways. access to community parks is strongly encouraged. { .* Typical facilities found in community parks are designed to serve the entire family and include both passive and active recreation opportunities such as playground areas, recreation buildiiips, sports fields, paved multipurpose courts, picnic areas, open or free play areas, swimming pools, and landscaping. Community parks within the City include: Gardens Tennis Center, Burns Road Community Center, Riverside Community Center, PGA National Park, and the Lake Catherine Sports Complex. A minimum of 25 acres for each coininunity park is recominended, with - - acreage needs based on an optiinuin standard of ... 5 acres per . 1,000 .. population. .. &cemmw 'ti FJust .. as a neighborhood park fulfills the recreation needs of a neighborhood, a community park is designed to meet the recreation needs of an entire community. The park area should be suitable for intense recreational activities. Typical facilities at a coininunity park include swimining pools, ball fields, tennis courts, play areas, picnic alms, multi-purpose courts, recreation buildings, and sports fields. Additional recreation facilities may be included to meet a particular recreation demand in a community. Adequate off-street parking inay be needed to contain parking overflow. Two important elements of every communi ty park are the use of landscaping and the provision of passive recreation areas. Urban-District Park City &wwhes supports . .. RECREATION AND OPEN SPACE 7-3 to include one or more district parks ned to serve the recreation needs of and serenity that is based directly on the natural environment. relationship to the natural environinen,:, natui-a1 environment. For this reason (such as kayak rental facilities, liikjng impacts on the surrounding ecosystem Specialized Recreational Facilities Eco-Oriented Park I thus providing awareness to our residents about oui- oi:ly, eco-oriented parks may include recreation activities and biking trails and leariiin~ centers), so long as the ;.re limited. Objective 7.1.2.: P- These sites will vary widely in size and number of residents served. Examples of specialized facilities would include marinas, libr swiinining pools, nature centers, outdoor theaters and publicly-owned golf Specialized facilities may be appropriate in con.lbination with a coininunity or +s+m&hyke&kieq -- .. AND OPEN SPACE the a standards above) of Palm Beach Gardens: through the use of public funds, gifts and contributions, mandatory fees and/or dedications, and other means. Policy 7.1.2.1.: The City shall continue a fully operational impact fee program and shall supplement recreation and open space needs through interlocal agreements, operational practices, user fees, incentives, and publidprivate cooperative efforts. The City shall also develop a comprehensive implementation program with priorities, responsibilities, and schedules based on the adopted level of service standards (improved park land) and the ideal recreation facilities standards by%pkmk 1, 1 W. * Policy 7.1.2.2.: The City shall maintain a detailed recreation and open space inventory which indicates the general location of existing and proposed sites and facilities as well as hnctional classifications, nature of improvements, and usage, size, priority, and other appropriate considerations. Policy 7.1.2.3.: By December 31, 2010, the City shall review the impact fee program and shall explore alternative methods of capturing direct and indirect impact fees for recreation and open space. Objective 7.1.3.: pProvide vehicular and pedestrian access to all public, active, recreation facilities, including barrier-free design features at entrance points to the facility such as buildings used for group assembly, spectator seating areas, and restrooms. Policy 7.1.3.1.: The City shall acquire and develop access easements or rights-of-way as required to provide adequate access for public recreation facilities, and construct access ways which are compatible with the character and needs of the facility, as well as being harmonious with surrounding development patterns. Policy 7.1.3.2.: The City shall continue to coordinate with Palm Beach County and surrounding municipalities to achieve public access to Atlantic Ocean beaches. Policy 7.1.3.3.: Encourage the linkage of parks and open spaces to bicycle and pedestrian trails of in coordination with the transportation element. Policy 7.1.3.4.: Reci-eation facilities shall be provided consistent with Title I1 of the Americans with Disabilities Act, including the iiumber of facilities available for and accessible to persons with special needs. The City shall provide a diverse number of facilities accessible to person with special needs and shall meet or exceed the ADA diversity guidelines. By December 3 1, 201 1, the City shall complete an inventory of existing recreation facilities that are accessible to persons with special needs. If deficiencies exist in number or diversity of recreation facilities for persons with special needs, the City shall schedule appropriate improvements and funding within its capital iinproveineiits program to remedy the deficiency. RECREATION 7-5 AND OPEN SPACE d Policy 7.1.4.9.: The City shall review Plan, as they are completed, and make to the countywide plan. Policy 7.1.4.10.: The City shall coiitirue avoid duplicatioii of recreation facilities, with private and public entities, such as City’s citizens. updates of the Countywide Parks and Recreation Mastei- the appropriate updates to this element to reflect chaiiges to coordiiiate with developers and other entities to including provisions for joint use of recreation facilities the school board, to meet the recreation demands of the cultural events, such as races, greenmarl<ets, a location for these events. RECREATION festivals and athletic events, using City facilities as 7-6 Policy 7.1.4.12.: The City shall coordinate ways and means for private developers to provide public recreation facilities within their developments. Policy 7.1.4.13.: The City shall continue coordination with the Palm Beach County School Board, to allow the use of school facilities for recreational purposes by the general public. (0 RECREATT ON AND OPEN SPACE 7-7 INTERGOVERNMENTAL COORDINATION ELEMENT Goals, Objectives and Policies GOAL 8.1.: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PALM BEACH GARDENS’ QUALITY OF LIFE AND SUSTAINABLE lGHWXEW USE OF RESOURCES. PERTINENT PUBLIC AND QUASI-PUBLIC ENTITIES SO TO BEST MAINTAIN Objective 8.1.1.: e mMaintain formal, specific means of coordination with adjacent municipalities, the county, state, and federal agencies who have permitting and regulating authority, and quasi-public entities which provide services but lack regulatory authority in Palm Beach Gardens. Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the “seven-cities plan.” Potential developments along U. S. 1 within the City’s jurisdiction will be encouraged to conform with said plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding for the implementation of the plan from regional, state, and federal agencies. Policy 8.1.1.2.: 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 when these improvements are to be maintained by the city after construction. Policy 8.1.1.3.: The City shall notify Palin Beach County and surrounding niunicipalities in writing (prior to the application being considered by the City Planning, Zoning and Appeals Board cm&Ze&@%wmwm ) of & development applications received by the City requiring a Development Review Conmiittee meeting that have an impact on adiaceiit local inunicipalities and county residents. a .. Policy 8.1.1.4.: Palm Beach Gai-dens shall request that the state regulatory agencies create liaisons with the City. For example, the South Florida Water Management District [SFWMD] iinpleinented a program which has assisted liaison within the sGounty. Policy 8.1.1.5.: Through the City Council, the City Manager shall be responsible for ensuring an effective iiitergoveriiiiieiit~l coordination program for Palin Beach Gardens. INTERGOVERNMENTAL COORDINATION 8-1 Policy 8.1.1.6.: The City shall the Palm Beach Countywide Intergovernmental Coordination Process as a regular in which to deal with issues unique to Palm Beach County and the The Multi-Jurisdictional Issues Coordination Forum shall be utilized planning for matters of interjurisdictional significance including, facilities with countywide significance and locally unwanted land uses. Policy 8.1.1.7.: (TCRPC) play a more active role in between federal and state agencies and Policy 8.1.1.8.: Palm Beach Gardens the City, the €Countyj and regulatory about applicable laws and regulatioris. informational pamphlets in utility bills 0- Policy 8.1.1.9.: Palm Beach Gardens areas with the county and surrounding Policy 8.1.1.10.: The City shall use the mediation (voluntary dispute resolutio annexation issues, with other local Countywide Intergovernmental Coordiration dispute with any local government, the writing about the dispute, requesting the government that the City has dispute Council. The City shall request that the Treasure Coast Regional Planning Council issues between the City and Palm Beach County, and Palm Beach Gardens. shall assist with cooperative education programs between agencies to inform the public and development community This could be accomplished by including brief other means of widespread general circulation. shall identify and coordinate anticipated future annexation n-unicipalities. Treasure Coast Regional Planning Council's informal i) process to resolve disputes or conflicts, including governments, if not resolved through the Palm Beach Process. When the City's efforts fail to resolve a City shall notify the Regional Planning Council in Council's mediation. The City shall also notify the local with, about the City's request to the Regional Planning Policy 8.1.1.11.: The City shall Housing to implement countywide use of Housing Trust Fund monies. Policy 8.1.1.12.: The City shall pursue identified or adopted future land use agreements would establish Ajoiiit planning shall encourage joint planning agreements considerations as are applicable. Additional parties, including: cocperate with the County's Coinmission on Affordable affcrdable and workforce housing programs, including the interlocal agreements with local governments that have designations for adjacent unincorporated areas. These areas pursuant to Chapter 163.3171, F.S. The City that include as many of the following planning items could be addressed at the concurrence of both INTERGOVERNMENTAL COORDlNATION 8-2 a. Cooperative planning and review of land development activities within areas covered by ,,e the agreement; b. Specification of service delivery; c. Funding and cost-sharing issues with joint planning areas; and d. Enforcementhmplementation. Policy 8.1.1.13.: 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. .. Objective 8.1.2.: J #&%y&&l ee&kw eCoordinatgkg - all levels of service standards which affect surrounding municipalities and counties through the Intergovernmental Plan Amendment Review Committee (IPARC), TCRPC and informal communications. Policy 8.1.2.1.: The City shall monitor the implementation of ecountywide traffic performance standards. Policy 8.1.2.2.: The City shall coordinate the timing, location, and capacity of public facilities to ensure that required services will be available when needed. Policy 8.1.2.3.: The City shall involve the TCRPC in informal mediation when level of service issues cannot be resolved by the city and the service provider. Policy 8.1.2.4.: The City shall coordinate with affected iurisdictions regarding initieation to impacted facilities not under the jurisdiction of the local government receiving the application for a proportionate fair-share agreement. Objective 8.1.3.: IPARC , TCRP-Gim+it&wwtLeemmw+&mw-t 9 WM €Continue a written procedure to request coordination with the comprehensive plans of acljacent municipalities, tlic county, and other units of local government such as the school board, who provide services but do not liavc regulatory authority over the use of land through IPARC, TCRPC and informal communications. INTERGOVERNMENTAL COORDlNATION 8-3 governmental entities which affect communications. Policy 8.1.4.1.: The City shall cooperate Coordination Process established in 1 coordination . Policy 8.1.4.2.: The €City shall support with the affected inunicipalities to cool-C the Loxahatchee Slough. Policy 8.1.4.3.: The City Council shall Planning Council to identify regional Regional Policy Plan. Policy 8.1.4.4.: The €City shall suppoil parties and the Northern Palin Beach INTERGOVERNMENTAL the Ceity through IPARC, TCRPC and informal with the Palin Beach Countywide Intergovernmental 993 for the purpose of facilitating intergoverninental the development and adoptioii of interlocal agreements inate the ~nanagement of the Intracoastal Waterway and continue to work with the Treasure Coast Regional issues and to assist in the periodic updating of the Strategic the development of interlocal agreements with affected County Improvement District to coordinate the funding of COORDJ,NATION 8-4 infrastructure in the North County area. Policy 8.1.4.5.: The City shall forward copies of the City’s proposed Comprehensive Plan or plan amendment to each adjacent city, Palm Beach County, the School Board of Palm Beach County, Palm Beach Countywide Intergovernmental Coordination Process, South Florida Water Management District, Seacoast Utilities 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. (0 Objective 8.1.5.: VC, TCRPC, -9 *. a eEncourage 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 through IPARC, TCRPC and informal communications. Policy 8.1.5.1.: The City shall undertake efforts to encourage and promote a quality educational experience tailored to individual students needs, through communications with the School Board and local school administrators, and urge that the following should be provided: diverse learning styles tailored to students’ abilities; magnet schools and special programs; skilled, devoted teachers; involvement of volunteers and community resources. Similarly, programs, strategies and practices such as the followiiig will be encouraged: reduction of school and individual classroom size; selection of administrators with strong leadership and managerial skills; proper allocation of fiscal resources; teaching focus on basic job and einployinent skills; and promotion of parental involvement and awareness. Policy 8.1.5.2.: The City shall promote and encourage through coininuiiications with the School . Beiwld and coordination with Boaid- CILy s E&- neighboring governments through the Interlocal Plan Ainendnient Review Conmiittee and Issues Forum, a forin of scl~ool concurrency to ensure educational facilities are available when and where needed, and the division of tlie county school district into separate, siiialler districts. ;t> Policy 8.1.5.3.: To iinpleinent Objective 8.1.5 and Policies 8.1.5.1 and 8.1.5.2, the City shall assume an active role in reforming the education system. The City shall forinulate consensus, through resident input, 011 the major educational issues for the City and meet regularly with the School Board to advise them of tlie City’s needs and recoininend strategies or programs to address the identified needs. Further, the City will assert itself as an outspoken leader, and utilize the talents and influence of the community to urge changes to tlie educational system. At a INTERGOVERNMENTAL COORDINATION 8-5 minimum, the City shall continue to n- educational process and will coordinate Policy 8.1.5.4.: The City shall coordir Educational Facilities with the School with the City’s Comprehensive Plan, : enhance joint planning processes and school facilities concurrent with resider facilities shall be sited as discussed in th Objective 8.1.6.: Te-eCoordinate pla Riviera Beach, the Town of Lake P County (the “North Palm Beach Coui in Northern Palm Beach County whi Bioscience Uses (as defined in the Fui the zoning and land use designations I Policy 8.1.6.1.: Develop a unified visi Partners and maintain the Bi City in order to pro. Future Land Use Element. The City’s I Palm Beach County Partners through tlr shall be utilized to provide opportunit: cluster in North County. Policy 8.1.6.2.: The City shall provic Bioscience Land Protection Advisory utilized in assigning the BRPO to a par the area of the BRPO. Policy 8.1.6.3.: To assure cooperatioi Partners through the Bioscience Land I into such Interlocal Agreements as arc within the BRPO. Objective 8.1.7.: Coordinate trans] Regional Transit Authority (SFRT, transit providers to ensure collabo transit decisions and proiects. INTERGOVERNMENTAL COORD nitor its activities which have potential impact on the xordingly with School Board staff. te the location of new and expanded sites for Public oard in order to ensure compatibility and consistency accordance with 235.193, F.S., and to maintain and .ocedures for coordination and development of public a1 development and other services. Public educational Future Land Use Element. ning efforts with the Town of Jupiter, the City of rk, the Town of Mangonia Park, and Palm Beach :y Partners”) in order to jointly identify land parcels h will provide opportunities for the development of ire Land Use Element) and to discourage changes to ’those parcels that would eliminate Bioscience Uses. n in coordination with the North Palm Beach County science Research Protection Overlay (BRPO) te-kd de opportunities for Bioscience Uses as defined in the iP0, in combination with tIv+€RPc>s w&=m the North Bioscience Land Protection Advisory Board (BLPAB) for a minimum 8,000,000 square feet Bioscience Use the North Palm Beach County Partners through the 3oai-d (BLPAB) with all reports, data, and analyses cular site or upon which the City has relied in defining with the County and the North Palm Beach County otection Advisory Board (BLPAB), the City shall enter necessary to ensure the protection of Bioscience Uses Irtation planninp efforts with the South Florida ), TCRPC, other governmental entities and local ition and dissemination of informa tion regarding VATION 8-6 Policv 8.1.7.1.: The City shall coordinate with Palm Tran to better serve the residents of Palm (0 Beach Gardens. Policy 8.1.7.2.: The City shall coordinate with Tri-Rail in their effort to serve Palm Beach Gardens with rail service. INTERGOVERNMENTAL COORDINATION 8-7 PUBLIC SCHOOL FACILITIES ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 11.1.: 4.T- TUE C!TY 0-H Gm ASSIST IN PROVIDING FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARDS. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFROM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective 11.1.1.: kEnsure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five-year planning period and through the long term planning period. Policy 11.1.1.1.: The LOS standard is the school’s utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area No individual school shall be allowed to operate in excess of 1 10% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with tlie Technical Advisory Group (TAG) which determines that tlie school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % oi- higher capacity. As a result of an SCS, an individual scliool may operate at up to 120% utilization. Policy 11.1.1.2.: If, as a result of a School Capacity Study (SCS), a deterinination is made that a school will exceed 120% utilization 01- cannot operate in excess of 110% utilization, then the School District shall correct tlie failure of that scliool to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary acljustments oi- 3) modifications to the Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is inade that the school will exceed 1 10% and can operate within adopted guidelines, tlie identified school may operate at up to 120% utilization. IF as a result of one or more School Capacity Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 1 10% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy 11.1.1.3.: The School Capacity Study (SCS) shall deteimine if the growth rate within an area, causing the eni-ollnient to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting tlie LOS for the 5 year planning period. The study shall include data which shows the extent of the exceeclance attributable to both existing and new developnient. Notification shall be provided to the local place. At a minimum, the study shall 1. Demographics in the 2. Student population 3. Real estate trends (e.g. 4. Teacherktudent ratios. 5. Core facility capacity; Policy 11.1.1.4: The adopted LOS beginning of the 2004-05 school year, countywide adopted level of service fo- 11A establishes the tiered level of schools of each type may exceed the LOS are in effect. Each individual school allowed to exceed the utilization Utilization Table of this element (Table Standards CS A I 2 government within whose jurisdiction the study takes consider: school's Concurrency Service Area (CSA); trcids; development and redevelopment); and standard shall become applicable to the entire County at the by which time the School District has achieved the all schools of each school type. In the interim, Table serike standards for each CSA by school type. Individual T'iered LOS standards during the period in which Tiered exceeding the Tiered LOS during that time shall not be stanlards for that school type as shown in the Maximum 11B). Table 11A for Tiered Level of Service 3 Facility Type 12002-03 Elementary 1 IO 4 12003-04 12004-05 12005-06 5 M i dtl I e I10 M i tltl le I High 110 Eleinentary 110 I IO M itldle I IO High I25 120 1 IO Elementary i:: 1 , 120 , 1o 1 Middle tligli ll Elementary 110 I '0 i i :I ~I I I 2 4 15 Slementary 110 Middle 125 120 110 High 125 120 110 Elementary 110 Middle 125 I25 1 IO High 120 120 110 125 125 110 Eleinen tary Middle High Eleinen tary Middle High Elementary Widdle High Elementary W iddle High El ern en tary W i tltll e High fleineiitary VI i tltl I e dig11 5leinentary vlitltlle High E I ein en tary M i tld I e High 125 120 1 IO I20 130 110 ~~ 110 I25 125 1 IO 120 I10 110 125 110 I10 110 I35 I20 I 10 I40 I20 1 IO 115 I IO I40 140 110 115 1 I5 I IO I10 135 I35 110 I20 120 I IO I30 130 1 IO 125 I25 110 150 I50 110 ~~ I IO I IO 18 High I30 130 19 20 I IO 21 Middle 22 23 I IO Elementary 125 :1B I125 ~ Middle 140 140 High 140 120 Elementary 1 10 Middle 110 I High l110 1 I Elementary 110 Middle 110 High 1110 Elementary 1 10 Middle 110 High 110 120 110 Elementary 110 Mi dd I e 110 I High 110 Source: Based oii data depicted Srliool District ol' Palm Ue:rrli Coiiiity FY2001-FY2005 Five sen1ester 01' the 2000-0 I scllool year. Table 11B CSA 1 2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity Facility Type 2002-03 2003-04 [ 2004-05 11 2005-06 Elementary 130 130 Ill0 Middle High El em en tary Mi dd I e High Elementary Middle High El emen tary Middle High El ern en tary M itltl I e High El emen tal-y \/lidtlle 5 I emen la ry VI itltlle igh 31etneri ta try ligh 3 em en ta ry 1 - 2 High 4 I45 I30 15 El ein en tary .6 I35 I35 17 18 19 !O __ !I Middle High Elementary I Middle Mitltlle High El em en tary Mitltlle I 145 I High I125 I125 I 130 I Eleinen tary I I2O I Mitldle I 145 I tl igh I 130 I I2O I El em en ta I-y I M i tltl I e 120 120 120 120 120 I20 120 120 I20 I20 I20 I20 I I20 I 120 I Source: Based oil data depicted iii tlie School District of Palm Beach Coiiiity FY2001-FY2005 Five Year Plan and FY 2001 Capital Biitlget, Jiiiie 2000 Policy 11.1.1.5.: Concurrency Service Areas (CSA) shall be established on a less than district- wide basis, as depicted on Map S 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palin Beach County is divided into twenty-m &e CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement : a. School locations, student transporting times, and future land uses in tlie area. b. Section lines, major traffic-ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. the five-year planning period; and Adopted level of service standarcls will be achieved aiid maintained for each year of b. Utilization of school capacity is iiiaxiinized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 3. Consistent with s.163.3 180( 13)(c)Z.,F.S., changes to the CSA boundaries shall be made only by aiiiendnient to the Public School Facility Eleiiieiit (PSFE) and shall be exempt from the liinitation on tlie frequency of plan amendments, Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Policy 11.1.1.6.: The City of Palm Beach Gardens shall coiisider as coininitted and existing the 1. public school capacity which is proj years of the School District’s most r Year Capital Improvement Schedul Beach Gardens’ Comprehensive P1 making level of service compliance Policy 11.1.1.7.: The City of Pal Improvement Schedule) of the Ca is eliminated, deferred or delayed, Policy 11.1.1.8.: For purposes provisions of the City of Palm B on an existing single family lot o Policy 11.1.1.9.: The City of P School concurrency upon the oc 1. School concurrency duration of the follo The occurrence The School Bo The School Dis to be in place or under construction in the first three adopted Five Year Plan, as reflected in Table 9B (Six e Capital Improvement Element of the City of Palm n analyzing the availability of school capacity and ns shall amend Table 9B (Six Year Capital nt Element when committed facility capacity ency with the School District Five Year Plan. d in recognition of the entitlement density re Land Use Element, the impact of a home subject to school concurrency. shall suspend or terminate its application of duration of the following conditions: n all CSAs upon the occurrence and for the update to its Capital Facilities Plan by o its Capital Facilities Prograin Plan does not add enou meet projected growth in demand for ed level of service standard for each CSA xceeds the inaximuin utilization standard Plan is deterinined to be fiiiancially pal-tinent of Education, or as defined by Find an Amendment to a Capital as not being financially feasible, by the y a coui-t action or final administrative r more of the CSAs pursuant to Policy in any CSA; or 1 I. 1.1.9 below. 2. a particular CSA upon the occurrence * Where an individual scl 001 in a pal-ticular CSA is twelve or more montlis behind the schedule set forth ii the School District Capital Facilities Plan, concurrency will be suspended withi I that CSA and the adjacent CSAs for that type of school; or The School District doe not inaxiinize utilization of school capacity by allowing I a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. The County shall maintain records identifying all Concurrency Service Areas in which the School District has notified the County that the application of concurrency has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report, as defined in the Interlocal Agreement, recommends that concurrency be suspended because the prograin is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of 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”. 6. Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective 11.1.2.: Te+tAllow for Palm Beach County School District to provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five-year planning period. Policy 11.1.2.1.: Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each year of the five-year planning period. 1. 2. 3. Donation of buildings for use as a priniary or altei-native learning facility; and/or Renovation of existing buildings for use as public scliool facilities; or Construction of pel-manent student stations 01- core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the NatIonal Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. Policy 11.1.2.2.: Level of Service (LOS) standards shall be met within the CSA for which a development is proposed, or by u measures shall be required for devel Objective 11.1.3.: %Ensure g deficiencies and future needs are addressed consistent with the adopted level Policy 11.1.3.1.: The City of Palm other local governments, shall an (School District of Palm Beach consistency with the School B feasible capital improvements p be achieved and maintained in Objective 11.1.4.: Te-eEsta aboration between the County, local governments, school facilities in coordinat Policy 11.1.4.1.: The City o review of development pro process to ensure integratio compatibility of uses with schools. oordination with the School District and a1 Improvement Schedule), to maintain ar Plan and to maintain a financially el of service standards will continue to Policy 11.1.4.5.: The City of Palm proximate to urban residential areas by: Assisting the School District (including developer participation traffic signalization, access, iniprov em en t s ; Providing for the review for and, Allowing schools as a pel-mitted Policy 11.1.4.2.: There shall be no resources on a proposed site that environmental conditions and significant historical or otherwise preclude development of the site for a public educational facility. Beach Gardens shall encourage the location of schools in identifying funding and/or construction opportunities or City capital budget expenditures) for sidewalks, water, sewer, drainage and other infrastructure all school sites as indicated in Policy 11.1.4.1 above; use within all urban residential land use categories. Policy 11.1.4.3.: The proposed site with applicable water managenient officially accepted plans of the Stormwater Utility or Drainage be suitable or adaptable for development in accordance dards, and shall not be in conflict with the adopted or Water Management District, or any applicable Policy 11.1.4.4.: The proposed Management Element of the shall coimply with the provisions of the Coastal plan, if applicable to the site. Policy 11.1.4.6.: The City of Palm Beabh Gardens shall coordinate with the School District for !! the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development (0 plans prepared. Objective 11.1.5.: !€e-eEstablish and maintain a cooperative relationship with the School District and municipalities in coordinating land 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. Policy 11.1.5.1.: The City of Palm Beach Gardens shall abide by 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”, which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25, 2001, consistent with ss.163.3177(6)(h)l.and 2. F.S. and 163.3180 F.S. Policy 11.1.5.2.: The Technical Advisory Group (TAG) shall be established by the County, participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrency mentioned in Policy 1 1.1.5.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. 3. 4. Coilcurrency Service Areas boundaries; 5. 6. 7. Program Evaluation Reports. The Ten and Twenty Year work programs; Schools that trigger a School Capacity Study; School District Management Reports; and Operation and effectiveness of the Concurrency Program; Policy 11.1.5.3.: The City of Palin Beach Gardens shall provide the School District with annual in foi-ni a t i on needed to 111 ai n t a i n s ch o o 1 concurrency, including i 11 form a ti on required fo I- the S choo 1 District to est ab1 i s1i : 1 .School siting criteria; 2.Level of service update and maintenance; 3 .Joint approval of the public school capital facilities prograin; 4.Concui-I-ency service area criteria and standards; and 5, School utilization. Policy 11.1.5.4.: The City of Palin Beach Gardens shall coordinate its comprehensive plan and the Future Land Use Map with the School District’s long range facilities imps (S 3.1, S 3.2, S 3.3, and S 3.4), to ensure consistency and compatibility with the provisions of this Element. Policy 11.1.5.5.: The City of Palm Bea h Gardens shall advise the School District of a proposed public school site’s consistency with th City of Palm Beach Gardens’ Comprehensive Plan and land development regulations, includi g the availability of necessary public infrastructure to support the development of the site. r Policy 11.1.5.6.: The City of Palm Gardens shall provide opportunity for the School District to comment on amendments, rezonings, and other land-use decisions which may be public schools facilities plan. Policy 11.1.5.7.: The City of Palm the School District on emergency h Gardens shall coordinate with local governments and issues which may include consideration of: 1. Design and/or retrofit of bublic schools as emergency shelters; 2. Enhancing public awai 3. Designation of sites oth~ schools to resume normal Policy 11.1.5.8.: The City shall depict anticipated over next 5 years on the Futt Policy 11.1.5.9.: The City shall encou paths, turn lanes, traffic calming and s miniinum distance to public schools, a improve any deficiencies. evacuation routes; ~ Policy 11.1.5.10.: The City shall encou with the Palm Beach County School B public scliool facilities maintain the aest Objective 11.1.6.: Toe&tablisli a joii the City of Palm Beach Gardens, F p1;inning and decision malting 011 pop Policy 11.1.6.1.: The City of Pahi Bea County for the conversion of the BEBR and disaggregate these units throughoc into each CSA, using BEBR’s annual e historic growth rates and development p Interlocal Agreement as “Projected Unil to the School District. Policy 11.1.6.2.: The City of Palm Bea and Palm Beach County to improve this the School District and local govei-nme be revised annually to ensure that new ness of evacuation zones, shelter locations, and r than public schools as long term shelters, to allow 3perations following emergency events. xhool facilities and improvements to existing schools e Land Use Map. age safe access to schools, including sidewalks, bike jnalization by identifying existing conditions within a d adopt minimum safe access standards and a plan to age high quality public school facilities and coordinate ard to promote that the architecture and appearance of etics of the surrounding neighborhood. t process of coordination and collaboration betwecn 111n Beach County, and the School District in the I a tion proj ec ti 011 s. h Gardens provide updated hture land use maps to the projections into both existing and new residential uiiIts in corpora t ed and u 17 i 17 corpora t ed P a 1 m B each County :imates by municipality, pel-soiis-per-houseliold figures, tential. These projections are shown in Exhibit E of the Table” which shall be amended annually and provided h Gardens commits to working with the School District nethodology and enhance coordination with the plans of ts. Population and student enrollinent projections shall esidential development and redevelopnient infoimation provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section VIII-B of the Interlocal Agreement. (0 Policy 11.1.6.3.: The City shall coordinate with Palm Beach County and the School District of Palm Beach County to share data on an annual basis in order to improve the process, as provided for in the Palm Beach County Public School Concurrency Interlocal Agreement, to develop population proiections for future school needs. Specifically, the City shall provide the following information regarding new residential development projects within its municipal boundaries to the School District by October 1 st: The number of approved dwelling units by type (single-family, townhome, granny flat, condo, loft & other), and, if available, the number of units by type the developer is proposing to build; The number of Certificates of Occupancy issued in accordance with the Public School Concurrency Interlocal Agreement, as amended (on April 1 st and October 1 st); A list of residential developments, which have submitted applications for development approvals to the City; Information on the expiration for developinent orders and updates if a proiect has stalled or stopped. 0 0 0 0 Policy 11.1.6.4.: The City shall coordinate with all parties of the Palm Beach County Public School Interlocal Agreenient in the event it is determined by the City that an amendment to the agreement is necessary, based 011 the annual evaluation of coordinating residential development with school capacity. 11. IMPLEMENTATION SECTION C 011 cur r en cy Service A re a (CS A) B 0 11 11 d a 13) D es c r i p t i o 11 The Palin Beach County School District is divided into twenty one CSAs foi- school concurrency. The Palin Beach County School CSA boundaries are described iii the following pages as bounded by Section lines, major ti-affc-ways, natural barriers and county boundaries consistent with s.163.3180( 1 3)(c)2.,IT.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the fi-equency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin / Palin Beach County Boi-del SOUTH -Donald Ross Rd EAST -The Atlantic Ocean WEST -Florida's Turnpike a #2 NORTH -The Martin / Palm Beac SOUTH -Donald Ross Rd of Sections (using T-R-S) 41 - 41-42-19,41-41-24, and 41-4 along the centerline of the C- the Bee Line Hwy EAST -Florida's Turnpike WEST -Bee Line Hwy #3 NORTH -Donald Ross Rd SOUTH -The South Section Lin East of Military Trl, then So Northlake Blvd, then West Florida's Turnpike EAST -The Atlantic Ocean WEST -Florida's Turnpike 42-43-1 0, 42-43-09,42-43-08, #4 NORTH -The South Section Li then Southwest along the C Line Hwy, then Northwest until the intersection of Be West Section Line of SOUTH -Northlake Blvd Wes Grapeview Blvd to the So (using T-R-S) 42-4 1-08, then Section Line of Sections 42-4 41-42-21, 41-42-20, 41-42- EAST -Florida's Turnpike WEST -The West Section Lii South of the Bee Line H Lines of Sections 4 1 -4 1 42-4 1-06, and 42-41 -07 #5 NORTH -The South Sectioi 42-43-1 0, 42-43-09, 42 42-42-1 2 West to Mil SOUTH -The South Sectio 42-43-34, 42-43-33, 4 42-42-36 West to Military Trl EAST -The Atlantic Ocean WEST -Military Trl NORTH -Northlake Blvd (0 #6 SOUTH -The South Section Line of Sections (using T-R-S) 42-42-36 West of Military Trl, 42-42-35, 42-42-34,42-42-33,42-42-32, and 42-42-3 1 EAST -Military Trl WEST -The West Section Line of Sections (using T-R-S) 42-42-1 8, 42-42-1 9,42-42-30) and 42-42-3 1 #8 NORTH -The South Section Line of Sections (using T-R-S) 42-43-34,42-43-33,42-43-32,42-43-3 1, and 42-42-36 West to Military Trl SOUTH -The North Line of the South Half of Sections (using TRS) 43-43-23,43-43-22, 43-43-21, 43-43-20,43-43-19, and 43-42-24 East of Military Trl EAST -The Atlantic Ocean WEST -Military Trl #9 NORTH -The South Section Line of Sections (using T-R-S) 42-42-36 (West of Military Trl), 42-42-35, 42-42-34, 42-42-33,42-42-32, and 42-42-3 1 (using TRS) 43-42-24 West of Military Trl, and 43-42- 1 9 EAST -Military Trl WEST -The West Section Line of Sections (using T-R-S) SOUTH -The North Section Line of Sections 43-42-23, 43-42-22, 43-42-2 1, 43-42-20, 43-42-06, 43-42-07, 43-42-18, and 43-42-1 9 North of the Soutli Line of the North Half #10 NORTH -Noi-thlal<e Blvd West to Grapeview Blvd, North along Grapeview Blvd, then West along the South Section Line of Sections (using T-R-S) 42-4 1-08, and 42-41 -07, then South along the West Section Line of 42-41-1 8 until intersecting with tlie Canal generally deliinitiiig tlie Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-1 3, 42-40- 14, 42-40- 15, 42-40-1 7, and 42-40-1 8, then North along th of Section 42-39- 13 to the No South Half of Section 42-39- the North Line of the South 42-39-13 to the West Section Section 42-39-13 SOUTH -Southern Blvd West of Section Line of Section (usi EAST -The East Section Line and 43-41-36 South to So of Section (using T-R-S West Section Line of S of the L-8 Canal, the Sections 43-40-16,4 43-40-33 South to Southern Blvd. 43-4 1 -0 1,43-41- 1 2,43-41 #11 (using TRS) 43-43- Military Trl 43-43-20, 43-43-19 SOUTH -The South Se 44-43-06, and 44-4 EAST -The Atlantic Ocean WEST -Military Trl 44-43-02,44-43-03 #12 43-42-23, 43-42-2 aid 43-42- 19 SOUTH -The South S 44-42-01 West of 44-42-03,44-42-0 EAST -Military Trl WEST -The West Se and State Rd 7 43-42- 19 SoLlth o NORTH -The South Section Line of (using T-R-S) #14 44-43-06, and 44-42-01 East of Military Trl SOUTH -The South Section Line of Sections (using T-R-S) 44-43-26,44-43-27,44-43-28, 44-43-29,44-43-30, and 44-42-25 East of Military Trl EAST -The Atlantic Ocean WEST -Military Trl #15 NORTH -The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03,44-42-04,44-42-05, and 44-42-06 SOUTH -The L-14 Canal EAST -Military Trl WEST -State Rd 7 #16 NORTH -Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 SOUTH -The South Section Line of Sections (using T-R-S) 44-41-29, and 44-41-30 East of the L-40 Canal EAST -U.S. Hwy 441 / State Rd 7 WEST -The L-40 Canal and the West Section Line of 44-41-25, 44-41-26, 44-41-27, 44-41-28, Section 43-40-33 South of Southern Blvd #17 NORTH -The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43-28, 44-43-29,44-43-30, 44-42-25, 44-42-26, and 44-42-27 East of Jog Rd SOUTH -The Boynton Canal EAST -The Atlantic Ocean wwr -jog R~I #18 NORTH -‘The L- 14 Canal West to the Florida Turnpike, then NoIth along the Turnpike to the South Section Line of Section (using T-R-S) 44-41 -29, then West along the South Section Line of Sections 44-42-30, 44-41 -25, 44-41 -26, 44-41 -27, 44-4 1-28, 44-4 1-29 and 44-4 1-30 East of the L-40 Canal SOUTH -The Boynton Canal WEST -The L-40 Canal EAST -JogRd #19 .. NORTH -The Boynton Canal SOUTH -The South Section Line 46-43-03,46-43-04,46-43-05 46-42-01 , 46-42-02,46-42-03 46-42-05,46-42-06, State Rd the South Section Line of Sec West along the South Section 46-41-01 extended to the L-40 EAST -The Atlantic Ocean WEST -The L-40 Canal #20 NORTH -The South Section Lin 46-43-03,46-43-04,46-43-0 46-42-01,46-42-02,46-42-0 46-42-05, 46-42-06, State Rd 7 the South Section Line of Se West along the South Sectio 46-41-01 extended t SOUTH -The South Section Li 46-43-28, 46-43-29,46-43 46-42-26, 46-42-27,46-42 46-42-30,46-41-25, and 4 of the L-40 Canal, the por forined by these Section generally approximates t EAST -The Atlantic Ocean WEST -The L-40 Canal #2 1 NORTH -The South Section 46-43-25, 46-43-29,46- 46-42-26, 46-42-27, 46- 46-42-30, 46-4 1-25, an of the L-40 Canal, the foi-ined by these Secti gen el-a1 I y approx i in a t SOUTH -The Palm Beac EAST -The Atlantic Ocean WEST -The L-40 and L-36 Canals NORTH -The Martin / Palm Beach SOUTI-I -The Palm Beach / EAST -Froin the Martin / #22 '. I I I 1 0 the Bee Line Hwy South to the West Section Line (using T-R-S) of 41-41-18, the West Section Lines of Sections 41-41-18,41-41-19, and 42-4 1 - 1 8 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13,42-40-14,42-40-15,42-40-17, and 42-40-1 8, then North along the East Section Line of Section 42-39- 13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13, then South along The West Section Line of South Half of Section 42-39-13, The West Section Line of Sections 42-39-24, 42-39-25, and 42-39-36 North of the L-8 Canal, the L-8 Canal South to the West Section Line of Section 43-40-08, then South along The West Section Lines of Sections 43-40-08 South of the L-8 Canal, 43-40-1 6, 43-40-21, 443-40-28, and 43-40-33, then South along the L-40 Canal and the L-36 Canal to the Palm Beach / Broward County Border. to the South Section Line of Section (using T-R-S) 41 -37-22, East along the South Section Line of Sections 43-37-22, and 41 -37-23, then South along the East Section Line of Sections 42-37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43-37-02, then South along the East Section Line of Sections 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-1 1, 44-37-14, and 44-37-23 to the 41 -41 -30,41-41-3 1,42-41-06,42-41-07, WEST -The Shoreline of Lake Okeechobee South 41-37-26, 41 -37-35, 42-37-02, 42-37-1 1, 43-37-02, 43-37-1 1, 43-37-14, 43-37-23, L- 16 Canal, then West along t and the L-21 Canals, also refer Bolles Canal, to the West Sec Section 44-35-34, then North Section Line of Sections 44-3 43-35-34, and 43-35-27 to t Lake Okeechobee, then We Shoreline of Lake Okeecho Beach / Hendry County Bo the Palm Beach / Hendry Palm Beach / Broward C 44-35-22,44-35-15, 44-35-1 #23 NORTH -The South Section 43-37-22 East of Lake 0 SOUTH -The L-16 and L-21 the Bolles Canal EAST -The East Section Li 41-37-26,41-37-35, 42- 42-37-14, 42-37-23,42- 42-37-35, then West a10 Section Line of Section East Section Line of Se then South along the E Sections 43-37-02, 43- 43-37-23, 43-37-26, and 43-37- then in a Southerly direction to East Section Line of S then South along the of Sections 44-37-02 44-37-23 to the L- 16 Calla1 WEST -The West Secti Okeechobee, 43-35 South to the L-21 or Bolles Canal 43-35-27 South Oft 44-35-15, 44-35-22 ! DEFINITIONS TO BE ADDED TO THE PUBLIC SCHOOLS FACILITIES ELEMENT The following definitions have been added to the element to comply with the minimum criteria for the Public School Facilities Element for school concurrency and are consistent with Rule 9J- 5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary a plants and the deteiinination of future needs to provide an appropriate educational prograin and services for each student. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of perinanent sc1~001 capacity. The FISH capacity is the iiuinber of students that may be housed in a facility (school) at any given time based on using a percentage of the nuinbcr of existing satisfactory student stations and a designated size for each prograin according to s. 235.15, Florida Statutes. In Palm Beach County, perinanent capacity does not include the use of relocatable classrooms (portables). PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR “CONCURRENCY SERVICE AREA” - The specific geographic area adopted by local governments, within a s ch o o 1 district , in which s cho o 1 co ncui-ren cy is app 1 i ed and de t ern1 i n ed when con currency is applied on a less than district-wide basis. The Concurrency The following maps have been incorpo ated into the City’s Comprehensive Plan and are part of the Comprehensive Plan Map Series. Service Areas (CSA). s 1.1 s 2.1 S 3.1 S 3.2 S 3.3 and s 3.4 Existing location of ancillary plants. Future conditions school facilities planning period - Future conditions facilities without year planning period Future conditions facilities for the Additional Faci 1 it of public school facilities by type and existing location - School Facility Locations map depicting the planned and confirmed sites of public by type and ancillary plants by year for the five-year Planned Additional Capacity (Confirmed Sites) map depicting the general location of planned schools 1coiifirnied sites and ancillary plants by year for the five- - Planned Additional Capacity (Unconfirined Sites) maps depicting the general location of planned school eid of the long range planning period based on projected ’J I1 em and. CAPITAL IMPROVEMENTS ELEMENT - Goals, Objectives and Policies GOAL 9.1.: iAT USE SOUND FISCAL POLICIES TO PROVIDE ADEQUATE PUBLIC FACILITIES TO ALL RESIDENTS WITHIN THE CITY TTC. FISCAL POLICIES MUST PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND PROMOTE SUSTAINABLE €XfWERW, COMPACT DEVELOPMENT AND REDEVELOPMENT. Objective 9.1.1.: < - To use the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction, replacement, and maintenance of Capital Facilities? which are necessary to achieve and maintain the adopted leuel-ecsewtee * Levels of Service (LOS) in the Comprehensive Plan. Policy 9.1.1.1.: The City shall include in the Five-Year Schedule of Capital Improvements all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted levels of service and which are over $50,000 in estimated costs. The City shall review the Five- Year Schedule during the preparation of the annual budget. Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: 1) i Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits. 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future iinprovement cost, provides service to developed areas lacking full service, or promotes infill development. 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the projected growth patterns, the accommodation of new development and redevelopinent facility needs, and the plans of governinental agencies that provide public facilities within the City's jurisdiction; and 5) Whether the project is consistent with the Urban Growth Boundary pliilosophy of urban vs. rural characteristics and service provision. Policy 9.1.1.3: The Five-Year Schedule of Capital Improvements may include developer- funded proiects for which the City has no fiscal responsibility, necessary to ensure that adopted level-of-service standards are achieved and maintained. For capital improvements that will be ;. CAPITAL IMPROVEMENTS 9-1 privately funded by the developer, guaranteed in an enforceable developm agreement. nent shall bear a proportionate cost of facility evelopment or redevelopment in order to maintain Objective 9.1.2.: Future develop improvements necessitated by the t adopted LOS standards. :t a countywide transportation impact fee to assess new he costs required to finance transportation improvements It. Policy 9.1.2.1 .: t city road impact fees for roads of City responsibility. 1) The City shall continue to colll development a pro rata share of necessitated by such developme :nter Linkages Plan shall be constructed and financed by :velopments will have a direct benefit by having access ling and construction of the Linkages Plan roadways of individual sites. The development approval for the ned on the construction of the roadways coinciding with 2) The City shall continue to collel e its program of mandatory dedications or fees in lieu of :nt approval to ensure the timely provision of recreation 3) The roadways within the City ( individual landowners whose C g-& these roadways. The ti coincide with the developmen affected parcels will be conditis the development of these parcel cally review the adequacy of impact fees levied to fund ) support new growth: Policy 9.1.2.2.: The City shall contin1 dedication as a condition of developin and open space. Policy 9.1.2.3.: The City shall period the following capital facilities needed 1) Park and recreation sites and facilit 2) WRoadwqs; 3) Law enforcement; and 4) Emergency services. hnancial feasibility shall be demonstrated by being nt agreement, interlocal agreement , or other enforceable :S; Policy 9.1.2.4.: The City shall construction of new City a Public Facility Impact Fee to allow for the Objective 9.1.3.: Tk+&ydA 1 Topanage &s the City's fiscal resources to ensure the provision of needed capital improv nients for previously issued development orders ant1 for future development and redevelo ment. 9 Policy 9.1.3.1.: The City's Capital inproveinents Prograin shall include funding for those capital facilities and programs which do not exceed the city's fiscal capacity. I CAPITAL IMPROVEMENTS 9-2 years and annual capital budget as a part of the City’s budgeting process. Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to finance the provision of capital improvements. (0 Policy 9.1.3.4.: The City budget process shall include the planning, development and review of projects which provide for the replacement and renewal of capital facilities. Policy 9.1.3.5.: Through capital improvement programming, the City shall use its fiscal policies to direct expenditures for capital improvements which are consistent with the goals, objectives, and policies of other elements of the City’s Comprehensive Plan. Ol?/;.Ch /.I.J.”.. Objective 9.1.4.: 9 Maintain a minimum level of service for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety as defined in the applicable elements and in this Element. Decisions regarding the issuance of development orders and permits shall be based upon coordination of the development requirements included in this Plan, the land development regulations, and the availability of necessary public facilities concurrent with the impact of developments. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element. In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County’s ability to maintain the minimum level of service standards. 0 Policy 9.1.4.1.(a): The City of Palin Beach Gardens has established in this Plan a minimuin level of service for traffic circulation, potable water and sanitary sewer, solid waste, drainage, recreation and open space, and public safety. The School District of Palin Beach County shall maintain iniiiiiiiuin level of service standards foi- public school facilities, in accordance with the adopted Interlocal Agreement. To ensure that the ininiinuin levels of service for these public facilities and services are maintained as new development occui-s, the City of Palin Beach Gardens follows a coiicurren cy in an agem en t system. The concurrency inanagem en t system requires all new development and redevelopment applications, subject to concurrency certification, to submit an application which indicates impacts on the Level of Service for the concurrency item. The application identifies the impacts that the proposed developinent would have on the City’s ability, or in the instance of public school facilities, the School District of Palm Beach County’s ability, to maintain the adopted ininiinuin levels of service. ‘The concurrency management system shall be consistent with Section 163.3202 (1)) F.S. CAPITAL IMPROVEMENTS 9-3 maintain the adopted level of service: the Development Order is issued. Area Table. 6. In accordance with Policy 11. and upholding the exceptions detailed therein, prior i in in ed i at el y ad j a ceii t C S A. Land Use Element: CAPITAL IMPROVEMENTS 9-4 LEVEL OF SERVICE STANDARDS URBAN AREA RURAL AREA TU FFIC CIR CULA TION Facility Type LOS for Peak Period in Peak Season Neighborhood Collector D D City Collector D D County Minor Arterial D D State Minor Arterial E E State Principal Arterial D D FIHS Roads D Beeline Highway D C Excepted Links per Table 2A SE WA GE SER VICE SANITARY SEWER SEPTIC TANKS 107 gallons per day Per DEP and Public per capita Health Department Regulations SOLID WASTE Generation per capita: 7.13 Ibs per day Collection: Twice per week Once per week 7.13 Ibs per day DRAINAGE 3 day, 25 year event 3 day, 25 year event KA TER SER VICE POTABLE WATER WATER WELLS 191 gallons per day per capita Health Department Pel- DEP and Public Regulations RECREATION AND OPEN SPACE 3.7 acres of improved neighborhood and Park and recreation community parks per 1,000 permanent residents pop~ilation, and in most facilities will be located to serve the entire city cases will be in the urban area. PUBLIC SAFETY Fire/EMS 5 &minute 30 second Require we1 I-based response time to sprinklers for all structures; fire service with !W%-e€ all calls, 011 a district basis tanker trucks; 8 minute CAPITAL IMPROVEMENTS 9-5 i. Police: average response time. 1000 service calls per Zone patrol based on community crime control strategies PUBLIC SCHOOLS r Policies 11.1.1.1 Policy 9.1.4.2.(b): Public safety 1 concurrency management system re however, will monitor public safet process. Any project that necessita in any given fiscal year, shall be %&ems Fire/EMS services to serv plans to expand such services. Pu the proposed development su ffi ci facilities may be required pursu capital equipment dedicated to against impact fees. Policy 9.1.4.2.&)0: With a mechanisms or provision of ser Policy 9.1.4.3.: The City shal that will allow phasing of phased to ensure that the n completion of the proposed de Policy 9.1.4.4.: Certificates issued only after all required public facilities needed to meet the adopted le Policy 9.1.4.5.: If a previou of a development order is proceed only if adequate surety has are consti-ucted. Policy 9.1.4.6.: The City SI total revenue and limit tota base. Policy 9.1.4.7.: The City s petitions and development service standards are not a formal component of the y Florida Statutes or Rule 91-5.0055, FAC. The City, f service standards during the development review ion of public safety services beyond those provided o participate in the cost of expanding police and ct property, or shall be phased consistent with City cilities and/or capital equipment that will provide sed on the LOS for police and €kekms Fire/EMS per’s Agreement. Public safety facilities and/or t to a Developer’s Agreement shall be credited vote of the City Council, alternative service 1s may be approved in the rural service area. ection 163.3202 (l), F.S., maintain regulations ng of a development order for projects that are ilities and services are available prior to the hich was the basis for approval he affected development inay ensure that the public facilities itures to no more than 20% of than 10% of its property tax P 1 an am endinen t s, annex at ion I) Will the proposed amendment of public hazard as may be Potable Water, and Natural Management Element of or development order contribute to a condition the Sanitary Sewer, Solid Waste, Drainage, (Infrastructure) Element, and Coastal 2) Will the proposed amendment or development order exacerbate any existing deficits, as may be described in the or projected condition of CAPITAL IMPROVEMENTS 9-6 support documents of the Transportation Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element; Public Safety Element; and Recreation and Open Space Element of this Comprehensive Plan? 3) Will the proposed amendment, annexation or development order generate public facility demands that may be accommodated by capacity increases planned in the 5-Year Schedule of Improvements? 4) Does the proposed amendment, annexation or development order conform to future land uses as shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive Plan? CAPITAL IMPROVEMENTS IMPLEMENTATION The Schedule of Capital Improvements in Table 9A is hereby adopted as the City’s Five-Year Capital Improvement Plan. Other Programs: Other principal programs that will implement this Element are: 1) Continued annual capital programming and budgeting, including use of the project selection criteria contained in policy 9.1.1 .I. 2) Continued annual review and revision of this Element. 3) Enactment and enforcement of land development regulations provisions to assure conformance to the concurrency requirements relative to development orders, levels of service, and public facility timing as outlined below. The City will annually prepare an updated five-year schedule of capital improvements. As part of the annual process, it shall include a review and analysis of the City’s financial condition and an updated projection of revenues which takes into account any changes in potential revenue sources that had been anticipated to fund scheduled improvements. In addition, it will incorporate any new capital improvement needs that have arisen since the last update. The analysis shall also include a discussion of any change in improvement prioritization. The required Evaluation and Appraisal Report (EAR) shall address the implementation of the goals, objectives and policies of the Capital Improvement Element. CAPITAL IMPROVEMENTS 9-7 POLICE FIRE RE CITY OF F CAPITAL lb FIVE-YEAR SCHEDl Traffic Signal-Gardens Parkway & Fairchild Gardens Traffic Signal - Hyatt Drive Traffic Signal-Gardens Parkway & Kew Gardens Dr. Bridge Refurbishment Program Palm Beach Gardens High School Lilac SI. Signal Burns Road Debt Pavments Grandiflora Drive West of Central to Donald Ross Research Parkway West of Grandiflora Research Parkway East and South of Grandiflora ResurfacelReconstruction Program Total RadiolReceiverKransmitter - Westward Expansion Police Vehicles Portable Traffic Control Lights Emergency Operations Center Project Portable and Mobile Radios OSSl Auto Vehicle Locator (AVL) Land 8 Improvements Tola/ :LIE Extrication Equipment Life Pak Upgrade Fire Enginel Lease Purchase payment Auto Pulses (CPR Device) SCBA Eouioment Shop Equipment rota/ DRAINAGE CAPITAL IMPROVEMENTS Table 9A 4LMBEACHGARDENS -E OF CAPITAL IMPROVEMENTS 'ROVEMENTS ELEMENT Impact Fees/ $500,000 - Developer $451,000 - Developer - $400,000 ~ Developer Impact Fees/ I $299,000 I $299,000 I $299,000 I $399,000 I $449,000 I GasTax I I I I I General $2,182,400 $1,631,800 $ 1,577,700 $ 1,328,400 $11,079,500 0 $1,799,000 $966,000 $500,000 $370,000 $685,000 $50,000 - General Fund I I I I I I - $150,000 - $90,000 - General Fund $78,800 $78,800 $78,800 $78,800 $78,800 General Fund $60,000 I . I GeneralFund I - $50,000 . Impact Fees I I I I I I - I $50,000 I - I ImpactFees I $138,800 $228,800 $228,800 $168,800 $78,800 9-8 I Stormwater Debt Payments $368,700 $369,300 $369,200 $368,400 $367,000 General Fund rora/ $368,700 $369,300 $369,200 $368,400 $367,000 PUBLIC FACILITIES Facililies Municipal Complex Parking Lot Expansion $255,000 - General Fund EquipmentlMaterials Storage Building at Plant Drive $55,000 - GasTax Subroral $3 10,000 $0 $0 $0 $0 Fleet Fleet Maint. Vehicles $498,500 $450,000 $450,000 $450,000 $450,000 Fund Fuel Tank Removal and Replacement . $250,000 Fund Fleet Maint. Fleet Maint. - Fire Rescue Unit - Replacements $370,000 - $195,000 Fund Sublolal $1,118,500 $450,000 $450,000 $645,000 $450,000 Tofa/ $1,428,500 $450,000 $450,000 $645,000 $450,000 PARKS a RECREATION I RYEC Exterior Court 8 Play Area - 1 $75,000 1 - 1 GeneralFund CAPITAL IMPROVEMENTS 9-9 Mirasol Park Pavilion Gardens Park Sound System Gymnasium Replacement Flooring - $125,000 Lilac Park Shade Structure - General Fund Tofal - . - Grand Total All Elements $50,000 - GeneralFund I $75,000 - General Fund $100,000 - General Fund CAPITAL IMPROVEMENTS - - ~ $60,000 General Fund $100,000 - General Fund - $200,000 General Fund - $1,300,000 General Fund $75,000 - General Fund - I $300,000 1 GeneralFund I I I I I I $7,568,400 $3,960,900 $5,125,700 $3,400,600 $15,345,300 9-10 V ID 0, m Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program 0 c C E I r E 0 C C 2 M L .i D - b c 0 a h -. w VI 10 m 10 10 VI OI u v VI 10 (D n 10 01 U 5 u 10 w P 4 n 3 4 D Y n I) u ? 1 .- _, ,.. , , I, .. _. - v) 5 3 3 CAPITAL IMPROVEMENTS 9-11 CAPITAL IMPROVEMENTS 9-12 9-13 CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS k ai 8 I i 9-14 CAPITAL IMPROVEMENTS 9-15 CAPITAL IMPROVEMENTS 9-16 C CAPITAL IMPROVEMENTS 9-17 IV. MONITORING AND EVALUA ION Chapter 163 of the Florida Statutes req J ires th The criteria used to evaluate projects are being ranked in the The City's effectiveness in The City's effectiveness in agencies and water nianagement juris d i c ti on; The effectiveness of impact fees improvement costs w hi ch they The impacts of special districts upon the City's ability to 1nain;ain Capital Im moiitored and evaluated. Therefore; I this element will capital improvement projects in order to ensure that r appropriate order of priority; 1nain:aining the adopted LOS standards; re.diewing the impacts of plans and programs of state districts that provide public facilities within the city's for assessing new development a pro rata share of the generate; and any regional facility and service provision its adopted LOS standards; rovement Element to h ,e reviewed on an annual 0 tinuousl y basis to ensure that required fiscal to support the adopted level ill be available to provide the public facilities needed The annual review will be the Local Planning Agency, with findings and of the City Manager, the City Finance Director, the the Growth Management Department. This group's to the Mayor and City Council at a public to take appropriate actions based upon the the Capital Improvements Element, will accordingly: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Any corrections, updates, modifications concerning costs; revenue sources; acceptance of facilities to dedications which are consistent with the element; or consistency with other elements of the Future Land Use Map; the date of enumerated in the Element; The priority assignment of existing public facility deficiencies; The City's progress in meeting those needs determined to be existing deficiencies; Efforts made to secure provision of capital The transfer of any of private funds, whenever available, to finance the CAPITAL IMPROVEMENTS i ! I ! 0 , 9-18 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5-year Schedule of Improvements. In an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up-to-date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CAPITAL IMPROVEMENTS 9-19 PROCEDURES FOR ACCOMPLISHING MONITORING AND EVALUATION REQUIREMENTS Introduction This tqwt section addresses the requirements and procedures that will be followed in the preparation of the required &ve seven-year Evaluation and Appraisal Report (EAR) for the city of Palm Beach Gardens. Section 9J-5.005 (7) Florida Administrative Code (FAC) & referenced in preparing this iqxx=t section. The City &iJ submittee the EAR, which evaluate$ the most recent edition of the 1990 Comprehensive Plan, to the Department of Community Affairs (DW -- . After LThe EAR wa-s & found sufficient by DCA, d3emdx:, 19% Tkif the report with any revisions will be adopted by City Council txqm-t ~f the &&WN -, which will then be transmitted to DCA 1 --k--j-*&The EAR-based Comprehensive Plan Amendment process begins after DCA determines sufficiency of the adopted EAR. These amendments shall be adopted within 18 months of the sufficiency notification, unless DCA grants an extension of time. Citizen Participation Citizen participation and input will play an important role in the preparation and adoption of the EAR. The City shall ensure that public participation is incorporated into every phase of the EAR process, including the EAR-based Comprehensive Plan amendment process. The City shall conduct a formal public scoping meeting during the identification of the Major Issues. After a draft of the EAR has been prepared it will be presented to the Local Planning Agency (LPA) in at least one advertised public workshop and one advertised public hearing. Any citizens with comments on the EAR will be allowed to speak during this mecting. The LPA will then forward the EAR with a recommendation for approval to the City Council. The City Council must adopt the EAR in an advertised public hearing within 90 days following receipt of it from the LPA. Following adoption the City Council will then forward the EAR to the Department of Community Affairs (DCA) for theii- review. '0 Data Update Baseline data used in the preparation of the plan will be reviewed. The EAR will 1-ecominend which data should be changed, updated, added, or deleted. In addition, measurable objectives which were to be followed during the preceding* seven years of the plan will be reviewed. Those objectives which need to be revised will be identified. e MONITORING & EVALUATION 11-1 Accomplishments of a graph or matrix. Negative Influences be determined. Revisions to GOPS Monitoring and Evaluation made. inclusion in the ++e seven-year EAR. regulations. MONITORING Sr EVALUATTON 11-2 I I '0 I I ! PUBLIC SAFETY ELEMENT f@ Goals, Objectives and Policies Goal 10.1.: CONTINUE TO PROVIDE ADEQUATE FACILITIES TO ENSURE THE PROVISION OF AN EFFECTIVE AND SUSTAINABLE PUBLIC SAFETY PROGRAM. Objective 10.1.1.: The City shall continue to promote alternative funding methods to ensure that new development and redevelopment 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. Objective 10.1.2.: , +The City shall continue provideii public safety facilities in a timely manner so as to comply with the level of service standards set forth by this element and to maintain such compliance in subsequent years. * . *. Policy 10.1.2.1.: The City shall provide iy fix mckseec x~~~ to '&-e€ < the following response time that have been established by Palin Beach Garden Fire Rescue according to a fractile standard established during its accreditation process: The City shall provide an initial einerpency fire and rescue response to all of the urban service area in six minutes thii-ty second or less. This response time includes all the process: 91 1 call, alarm at fire station, deploy, and travel time. 2. The rural service area shall have an eight (8) niinute response time. 1. Policy 10.1.2.2.: The City shall maintain an acceptable police service standard index not to exceed I,i-rse 1,000 calls per patrol officer per year to sei-ve the urban area. A Community Oriented Policing philosophy shall be utilized in the urban area. The City shall sup12oi-t a balance between response to incidents and pro active pa tr o 1 s . WI&F+&FR-~- e Policy 10.1.2.3.: By 201 1, the City shall assess the impact of the western development area, redevelopment in the eastern ai-ea, and futui-e annexation enclaves in terms of strategies, response time, and facilities for the Fire and Police Department. Policy 10.1.2.3.4: The Police and Fire Departments shall report the status of level of service standards to the City Manager on a quarterly basis. Policy 10.1.2.45.: Per Rule 9J-5.0055(l)(a), FAC, it is not necessary that the level of service standards established in policies 10.1.2.1 - 10.1.2.3 be met for determination of concurrency, but PUBLIC SAFETY a 10-1 9.1.4.2.(b)) PUBLIC SAFETY 10-2 ., ! i! 0 ECONOMIC DEVELOPMENT ELEMENT Goals, Obiectives and Policies GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. .. Objective 13.1.1.: e =Maintain - and expand a diversified economy by encouraging growth in targeted cluster industries that provide high-wage employment and complement changing economic conditions by supporting existing businesses and by retaining and improving resource- based sectors, such as tourism, retirement, and recreation. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, cominunications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Policy 13.1.1.2.: The City shall assist the retention and growth of existing businesses within the City, particularly those that provide high-wage employment or that support or complement those employment sectors. Policy 13.1.1.3.: The City shall coiiserve and enhance the natural and recreational resources that provide the foundation of the City’s retirement, recreation, and tourist based ecoiioinic sectors. Po I i cy 1 3 -1 . 1 .4. : The C i ty sh a1 1 a 1 1 o cat e ad equ at e coinin er ci a1 , i 11 dust r i a1 , and res i d en ti a 1 a cr ea g e through ineclia~iisnis such as zoning and land use plans to meet future needs of a diversified ecoiioin y. Policy 13.1.1.5.: The City shall monitor and report immd economic growth on a periodic basis I-egai-ding increases in the employment and average wages for targeted industries. Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the expansion and 1-elocation of target industries in the City, including, but not limited to: 0 Iniplement a targeted expedited permitting progi-ani for coinpanies that are expanding operations or moving into the City so that value-added employnieiit may be created at a faster pace; and (0 ECONOMIC DEVELOPMENT 13-1 Continuing to work with the e of Tourism, Trade and Economic Development to' Tihe City shall adopt and maintain land development Objective -H&k 13.1.2.: k, f3f&tH&yEot'mlk%ls blesf&~Fisedl~ dtthl ssuppot-t efforts to increas number, viability, and growth of sinall business ersify the economy. Policy -&%I+ 13.1.2.1.: The Cit to or geiierated for the City relat business enterprises . all business oppoi-tuii ty, and minority aiid wonieii Policy -13.1.32.: 13.1.2.2.: The City business enterprises by encouraging and woiiien Policy -13.1.3.3.: 13.1.2.3.: The City City departments for the relocation 1 facilitate productive support and assistance within all of established small businesses aiid minority and w o in en bus iii es s enter p r i s es . ECONOMIC DEVELOPMENT 1 13-2 . .. .. e. Objective W 13.1.3.: skau pxrovide leadership to the ongoing efforts to improve the public education system in order to encourage industriesy to locate or expand in Palm Beach Gardens: The€&&M - and encourage participation of business, economic, and educational leaders and institutions in this effort. Policy 332.4.1,: 13.1.3.1.: The City shall encourage education and training institutions to provide education and research programs that meet the needs of targeted cluster industries, and encourage supplemental education to support existing businesses and programs to stimulate new business development. Policy W 13.1.3.2.: The City shall strengthen its relationships with local higher education institutions, such as Palm Beach Community College and Florida Atlantic University, by providing opportunities for faculty and students to participate in City programs that encourage economic development and education. Policy 4&M& 13.1.3.3.: The City shall support the location of high school, vocational, universities, and research and development training institutions proximate to economic development centers in the City, and support high school, vocational school, universities, and research and development training prograins oriented to preparing students for success in targeted economic development sectors. Objective &Sk% 13.1.4.: €hhma+b i-csl 10 fkftu rtlMaintain the quality of environments as a means of attracting and maintaining target industries and retaining a healthy foundation for its economy. Policy -13.1.5.1.: 13.1.4.1.: The City shall encourage balance and growth in retail trade and services by continuing to support existing regional retail services while iinpleinenting planned growth patterns to foster neighborliood-baseci services to serve local needs. Policy 13.1.5.2.: 13.1.4.2.: The City shall accommodate balanced growth and Iiousing needs of the City’s labor force by encouraging the availability of attainable housing to persons earning a livelihood or choosing to reside in Palm Beach Gardens. Policy 13.1.5.3: 13.1.4.3.: The City shall inaintain adequate infi-astructure to acconiniodate managed growth. Policy 43.1.5.+ 13.1.4.4.: The City sliall continue to provide for attractive open spaces and sustainable natural environments that enhance tlie quality of life in tlie City and protect the functions of important regional eiivironmen tal resources. Policy 13.1.4.5.: The City shall acknowledge its strategic location and promote inass transit to . ECONOMIC DEVELOPMENT 13-3 consolidate its position as a regional de: Policy 13.1.4.6.: The City shall encou Bioscience Research Protection Overla for supportive infrastructure specific to Policy 13.1.4.7.: By December 3 1,201 of wet laboratories and other research fl public agency coordination and private ECONOMIC DEVELOPMENT nation center. ine developers of property within and adiacent to the (BRPO) to dedicate connections or provide easements ioscience research, such as propane gas lines. the City shall identify sites that foster the development ilities which are location sensitive and require extensive .vestment. 13-4 a DATA & ANALYSIS ,m LIST OF MAPS MAP SERIES - BASE A.O. MUNICIPAL BOUNDARY BASE MAP 6.0. CITY CENTER BASE MAP MAP SERIES -A A.1. FUTURE LAND USE A.2. EXISTING LAND USE A.3. EXISTING VACANT LAND USE A.4. POTENTIAL FUTURE ANNEXATION A.5. TOPOGRAPHY A.6. BODIES OF WATER A.7. FLOOD ZONES A.8. COASTAL ZONES A.9. COASTAL EVACUATION ZONES & ROUTES A. 10. A.11. A.12. m A.13. A.14 A.15 A.16 A.17 A.18 A.19 A.20. A.21. A.22. SOILS WATERWELLS & WELLFIELD ZONES WETLANDS WILD L I FE 0 BS E RVAT IO NS EXISTING LEVEL OF SERVICE EXISTING TRAFFIC CIRCULATION EX1 STI NG TRAFFIC CI RCU LATl ON CLASS I F I CAT1 ON EXISTING TRAFFIC CIRCULATION-AM PEAK HOUR EXISTING TRAFFIC CIRCULATION-PM PEAK HOUR CONCEPTUAL THOROUGHFARE PLAN MASS TRANSIT ROUTES PROJECTED 2030 TRAFFIC & LANEAGE-PROJECTED PEAK HOUR PROJECTED 2030 TRAFFIC & LANEAGE-DAILY VOLUME MAP SERIES - B B.1. CITY CENTER LINKAGES-VEHICULAR TRAFFIC CONNECTION CLASSIFICATIONS B.2. CITY CENTER LINKAGES-EXISTING & PLANNED VEHICULAR TRAFFIC CONNECTIONS 8.3. CITY CENTER LINKAGES-PEDESTRIAN/BlCYCLE CONNECTIONS I I H (I! I- : : - ,_ . , C 1. .d I I I ‘-4 I I n 0 h) m 0 0 m 0 0 0 0 0 A m 0 0 0 -8 8 0 C -- 8 8 I-- I I I I I 1 mm --II II 8 8 4 8 t 8 * I _- I I 1 I c 0 0 0 # ,** . -4 - 1 0- - 0 , . I I I I 1V I. ‘I -- " 1 I I 'I I I c) m N 2, lit rn 0 i3 O I 0 Lno 0 OC Ln 0 -L 0 0 0 0 r I 1 I '8* D * * -- In c t I I I I I I GI T L -. Pe t i t i o n CU M J ‐07 ‐08 ‐00 0 0 1 1 Pe t i t i o n  CU M J 07 08 00 0 0 1 1 Pa l m  Be a c h  Co m m u n i t y  Ch u r c h   / Da y c a r e /Pr e s c h o o l   at  th e  Bo r l a n d  Ce n t e r at  Mi d t o w n  PU D Pu b l i c  He a r i n g  & Re c o m m e n d a t i o n  to  Ci t y  Co u n c i l Ju l y  8,  20 0 8 Pl a n n i n g ,  Zo n i n g ,  & Ap p e a l s  Bo a r d St a f f An a l y s i s Co n d i t i o n a l Us e Cr i t e r i a St a f f  An a l y s i s  Co n d i t i o n a l  Us e  Cr i t e r i a • LD R Se c t i o n 78 ‐15 9 No t e (3 5 ) al l o w s a da y c a r e as LD R  Se c t i o n  78 15 9  No t e  (3 5 )  al l o w s  a da y c a r e as  a ma j o r  co n d i t i o n a l  us e  in  PO ,  CG ‐1,  CG ‐2,  and M‐ 1A  Zo n i n g Di s t r i c t s .    Th i s  is  a Mi x e d ‐Us e  PU D . g • LD R Se c t i o n 78 ‐15 9 No t e (4 9 ) Ch u r c h e s and • LD R  Se c t i o n  78 ‐15 9  No t e  (4 9 ) , Ch u r c h e s  and  pl a c e s  of  wo r s h i p ,  al l o w s  a da y c a r e ,  ch i l d  or  ad u l t , to be in c l u d e d wi t h i n an y ma j o r co n d i t i o n a l ad u l t , to  be  in c l u d e d  wi t h i n  an y  ma j o r  co n d i t i o n a l   us e  ap p r o v a l  gr a n t e d  by  th e  Ci t y  Co u n c i l  to   es t a b l i s h  a Ch u r c h  or  Pl a c e  of  Wo r s h i p.p Co n d i t i o n a l Us e Cr i t e r i a Co n d i t i o n a l  Us e  Cr i t e r i a • Pu b l i c We l f a r e wi l l NO T be co m p r o m i s e d bya Pu b l i c  We l f a r e  wi l l  NO T  be  co m p r o m i s e d  by a  da y c a r e  us e : – Sa f e  & ef f e c t i v e  me a n s  of  ped e s t r i a n  ac c e s s ,  p , ve h i c u l a r  ac c e s s ,  tr a f f i c  ci r c u l a t i o n ,  pa r k i n g ,  and  ov e r a l l  co n t r o l  wi l l  be  pr o v i d e d ; N dd i i l i & bf f i id – No add i tion a l sc r e e n ing  & buff er ing  re q u ired:   Th e  da y c a r e / p r e s c h o o l  wi l l  ut i l i z e  th e  ex i s t i n g   ch u r c h ’s Su n d a y Sc h o o l cl a s s r o o m s wh e n theyare ch u r c h s  Su n d a y  Sc h o o l  cl a s s r o o m s  wh e n  they are  no t  in  us e  du r i n g  th e  we e k ; – Vi s u a l  im p a c t  wi l l  be  mi n i m a l  ‐ Ou t d o o r  pl a y  area  is  fe n c e d  an d  pr o t e c t e d ; Co n d i t i o n a l Us e Cr i t e r i a Co n d i t i o n a l  Us e  Cr i t e r i a • Mi n i m a l im p a c t on ad j a c e n t pr o p e r t i e s ; Mi n i m a l  im p a c t  on  ad j a c e n t  pr o p e r t i e s ; • No  ad v e r s e  im p a c t  on  th e  su r r o u n d i n g   de v e l o p m e n t ; de v e l o p m e n t ; • De s i r a b l e  se r v i c e  wi l l  be  pr o v i d e d   to  th e   ki bl i wo r ki ng  pu bl i c; • No  ad v e r s e  im p a c t s  on  en v i r o n m e n t a l  and  na t u r a l  re s o u r c e s  – ex i s t i n g  st r u c t u r e  will be  ut i l i z e d  fo r  th e  da y c a r e / p r e s c h o o l . St a f f ’s Re c o m m e n d a t i o n St a f f s  Re c o m m e n d a t i o n • St a f f re c o m m e n d s ap p r o v a l of Pe t i t i o n CUMN‐ St a f f  re c o m m e n d s  ap p r o v a l  of  Pe t i t i o n  CUMN 07 ‐08 ‐00 0 0 1 1  wi t h  on e  co n d i t i o n : – An n u a l l y a t t h e e n d o f A u g u s t t h e a p p l i c a n t … s h a l l su b m i t to th e Ci t y a le t t e r ce r t i f y i n g th e nu m b e r of su b m i t to th e Ci t y a le t t e r ce r t i f y i n g th e nu m b e r of st u d e n t s e n r o l l e d f o r t h e c u r r e n t s c h o o l y e a r . T h e da y c a r e / p r e s c h o o l sh a l l ha v e no mo r e than85 da y c a r e / p r e s c h o o l sh a l l ha v e no mo r e than85 st u d e n t s e n r o l l e d f o r e a c h s c h o o l y e a r . Re q u i r e d  Pa r k i n g  fo r  85  St u d e n t s LD R  Se c t i o n  78 ‐34 5 • Co d e  Re q u i r e s : – 1 pa r k i n g  sp a c e  fo r  ev e r y  10  st u d e n t s – 1 dr o p ‐of f / p i c k ‐up  sp a c e  pe r  10  st u d e n t s   – 1 sp a c e  pe r  va n  or  bu s • 17  Pa r k i n g  Sp a c e s  Re q u i r e d  (M o n  –F r i ) • Av a i l a b l e  Sp a c e s : – 33  Su n d a y  Sc h o o l  sp a c e s  th a t  ar e  no t  in  us e   du r i n g  th e  we e k – 13    on  st r e e t  sp a c e s  ad j a c e n t  to  Bu i l d i n g  G k – 44 3 ‐sp a c e  pa r kin g  ga r a g e Co m p a r a b l e Pa r k i n g Co m p a r a b l e  Pa r k i n g • Bl u f f ’s Pr e s c h o o l at Mi r a s o l (a p p r o v e d 2002) Bl u f f s  Pr e s c h o o l  at  Mi r a s o l (a p p r o v e d  2002) • Nu m b e r  of  st u d e n t s :    24 3 ki id & id d 2 • Pa r ki ng  sp a c e s  re q u ire d & pr o v id ed:   24 Tr a f f i c Co n c u r r e n c y Ap p r o v a l Tr a f f i c  Co n c u r r e n c y  Ap p r o v a l • Da y c a r e / p r e s c h o o l ha s tr a f f i c co n c u r r e n c y Da y c a r e / p r e s c h o o l  ha s  tr a f f i c  co n c u r r e n c y   ap p r o v a l :    – Le t t e r fr o m PB C Tr a f f i c En g i n e e r i n g da t e d October – Le t t e r  fr o m  PB C  Tr a f f i c  En g i n e e r i n g  da t e d  October  3,  20 0 7 – Ad m i n i s t r a t i v e Ap p r o v a l of Ti m e Ex t e n s i o n with Ad m i n i s t r a t i v e  Ap p r o v a l  of  Ti m e  Ex t e n s i o n  with  Bu i l d ‐ou t  da t e  of  De c e m b e r  31 ,  20 0 8 EV A L U A T I O N AN D AP P R A I S A L RE P O R T (E A R ) BA S E D EV A L U A T I O N  AN D  AP P R A I S A L  RE P O R T  (E A R ) ‐BA S E D   CO M P R E H E N S I V E  PL A N  AM E N D M E N T S PU B L I C HE A R I N G PU B L I C  HE A R I N G   Ju l y  8,  20 0 8 Pu b l i c Wo r k s h o p s Pu b l i c  Wo r k s h o p s 1st ‐ PZ A B  (A p r i l  8th ) 2nd ‐ (M a y  27 th ) 1st ‐ Ci t y  Co u n c i l  (M a y  15th) 2nd ‐ (J u n e  5th ) Pu b l i c He a r i n g s Pu b l i c  He a r i n g s PZ A B  (J u l y  8th ) Ci t y  Co u n c i l  (A u g u s t  21 st ) ‐Transmittal Ad o pti o n  Pr o c e s s 2 p Ob j e c t i o n s ,  Re c o m m e n d a t i o n s  an d  Co m m e n t s   Re p o r t  (O c t o b e r  20 0 8 ) Ad o p t i o n  (F e b  2009)2 WH A T  IS  A CO M P R E H E N S I V E  PL A N ? EV A L U A T I O N  AN D  AP P R A I S A L  RE P O R T  (E A R ) ‐BA S E D  AM E N D M E N T  PROCESS EA R ‐BA S E D  AM E N D M E N T  PR I N C I P L E S EL E M E N T S : Fu t u r e La n d Us e Fu t u r e  La n d  Us e Qu e s t i o n s  & Co m m e n t s Tr a n s p o r t a t i o n Qu e s t i o n s  & Co m m e n t s Ho u s i n g Qu e s t i o n s  & Co m m e n t s In f r a s t r u c t u r e Ct l Mt Coa s tal Man a g e m e n t Co n s e r v a t i o n Re c r e a t i o n  an d  Op e n  Sp a c e   Qu e s t i o n s & Co m m e n t s Qu e s t i o n s  & Co m m e n t s In t e r g o v e r n m e n t a l  Co o r d i n a t i o n Pu b l i c  Sc h o o l  Fa c i l i t i e s   Ca pit a l  Im pro v e m e n t p p Pu b l i c  Sa f e t y Ec o n o m i c  De v e l o p m e n t Qu e s t i o n s  & Co m m e n t s   3 Si t Pl Th e de t a i l s ‐ Si t e Pl a n Si t e Pl an Th e fr a m e w o r k ‐ La n d De v e l o p m e n t Th e  de t a i l s  ‐ Si t e  Pl a n La n d   De v e l o p m e n t Th e  fr a m e w o r k  ‐ La n d  De v e l o p m e n t   Re g u l a t i o n De v e l o p m e n t   Re g u l a t i o n Fo u n d a t i o n to guidefuture Th e  fo u n d a t i o n  – Co m p r e h e n s i v e  Plan Co m p r e h e n s i v e  Pl a n Fo u n d a t i o n  to  guide future  gr o w t h  an d  de v e l o p m e n t Bu i l d i n g  bl o c k  to ensure  qu a l i t y  of  li f e 4 Fl o r i d a  Gr o w t h  Ma n a g e m e n t  Ac t  (A d o p t e d  19 8 5 ) 67  Co u n t i e s  an d  41 0  mu n i c i p a l i t i e s  ad o p t  Lo c a l  Go v e r n m e n t   Co m p r e h e n s i v e Pl a n (C h a p t e r 16 3 Pa r t II FS ) Co m p r e h e n s i v e  Pl a n (C h a p t e r  16 3 , Pa r t  II , F.S.) Pu r p o s e :  gu i d e  fu t u r e  gr o w t h  an d  de v e l o p m e n t Co n t a i n s  ch a p t e r s  or  “e l e m e n t s ”  th a t  ad d r e s s e s : F Ld U Fut u r e  Lan d Use Tr a n s p o r t a t i o n   Ho u s i n g In f r a s t r u c t u r e In f r a s t r u c t u r e   Co a s t a l  Ma n a g e m e n t Co n s e r v a t i o n Re c r e a t i o n an d Op e n Sp a c e Re c r e a t i o n  an d  Op e n  Sp a c e   In t e r g o v e r n m e n t a l  Co o r d i n a t i o n Pu b l i c  Sc h o o l  Fa c i l i t i e s   Ca pit a l  Im pro v e m e n t s p p Pu b l i c  Sa f e t y Ec o n o m i c  De v e l o p m e n t 5 Se c t i o n  16 3 . 3 1 9 1 ,  F. S .   Ev e r y 7 ye a r s ea c h lo c a l government Ev e r y  7 ye a r s  ea c h  lo c a l  government  sh a l l  ad o p t  an d  Ev a l u a t i o n  and  App ra i s a l  Re por t  (E. A . R . )  pp p () As s e s s  pr o g r e s s  of  im p l e m e n t i n g   co m p r e h e n s i v e  pl a n Re v i s e  pl a n  to  ad d r e s s  cu r r e n t  and  fu t u r e :   Co m m u n i t y  ob j e c t i v e s Ch a n g i n g  co n d i t i o n s Tr e n d s af f e c t i n g th e co m m u n i t y Tr e n d s  af f e c t i n g  th e  co m m u n i t y   Ch a n g e s  in  st a t e  re q u i r e m e n t 6 Ev e r y  7 ye a r s Ev a l u a t i o n  an d  Ap p r a i s a l  Report   (E A R ) Ad o p t e d  by  Ci t y  Co u n c i l   Dec 2006‐ Pr o p o s e d  Re c o m m e n d a t i o n s Fd ff i i t b DCAFb2007 EA R Fou n d su ff i cien t by DCA Feb 2007 Ev a l u a t i o n  an d  Ap p r a i s a l  Report‐ Ba s e d  Am e n d m e n t ) Co m p  Pl a n   Am e n d m e n t s Vi s i o n i n g (on  go i n g  pr o p o s e d  amendments) Tr a n s m i t t e d  by  Au g u s t  2008 Ad o p t e d  by  Fe b  20 0 9 Am e n d m e n t s Re v i e w ‐up d a t e  La n d  Development  Re g u l a t i o n  (L D R ) Co n d u c t  st u d i e s  an d  update vision LD R St u d i e s Ge a r  up  fo r  ne x t  EA R  session 7 MA J O R  IS S U E S  – AP P R O V E D  BY  CI T Y  CO U N C I L  AP R I L  20 0 6 1.      Pl a n  fo r  we s t e r n  gr o w t h 2.        Di v e r s i f y  la n d  us e s  fo r   5.    As s e s s  Le v e l  of  Service  fo r  pu b l i c  pa r k s 6 Pu r s u e pr o v i s i o n of de v e l o p . ,  re d e v e l o p . ,   in f i l l ‐ea s t e r n  po r t i o n  of   Ci t y 6.   Pu r s u e  pr o v i s i o n  of  Wo r k f o r c e  Ho u s i n g 7.    En c o u r a g e  ec o n o m i c   de v e l o p m e n t fo r Ci t y 3.        De v e l o p  tr a n s i t  sy s t e m to ad d r e s s tr a f f i c ne e d s de v e l o p m e n t  fo r   Bi o s c i e n c e  us e r s to  ad d r e s s  tr a f f i c  ne e d s 4.        Ma i n t a i n  Ci t y ’ s  ro a d w a y      li n k a ges g 8 Wh a t  ki n d  of  Ci t y   do we ha v e no w ? do  we  ha v e  no w ? 9 Ho w  do  we  ma k e  th i s  Si g n a t u r e  Ci t y su s t a i n a b l e  for the en j o y m e n t of yo u r ch i l d r e n an d gr a n d c h i l d r e n ? en j o y m e n t  of  yo u r  ch i l d r e n  an d  gr a n d c h i l d r e n ? Wh a t do e s it ta k e fo r th i s Ci t y to Wh a t  do e s  it  ta k e  fo r  th i s  Ci t y  to   co n t i n u e  im p r o v i n g  an d  of f e r i n g   a fi r s t cl a s s qu a l i t y of li f e fo r a fi r s t  cl a s s  qu a l i t y  of  li f e fo r   al l  it s  re s i d e n t s ? 10 Re d u c e  CO 2 Em i s s i o n s Gr e e n De s i g n Gr e e n  De s i g n En e r g y  Co n s e r v a t i o n Di v e r s i f y  La n d  Us e La n d  Us e Re d e v e l o p m e n t Pe d e s t r i a n / B i c y c l e  Oriented  Ne i ghb o r h o o d s g Ef f i c i e n t  Pu b l i c  Tr a n s p o r t a t i o n Su s t a i n a b l e  Ec o n o m i c   De v e l o p m e n t Su s t a i n a b i l i t y De v e l o p m e n t El d e r l y  an d  Wo r k f o r c e  Housing He a t  Re d u c t i o n :  Greener  A Ba l a n c e d  Co m m u n i t y   “S u s t a i n a b l e  Co m p r e h e n s i v e  Pl a n ” St r e e t s c a p e s  an d  Mo r e  Open  Sp a c e s      “G o i n g  Gr e e n ” 11 Su s t a i n a b l e  Ec o n o m i c    Dl Dev e lop m e n t : Fu t u r e  La n d  Us e Tr a n s p o r t a t i o n Ho u s i n g La n d  Us e Ec o n o m i c   De v e l o p . Ho u s i n g Tr a n s i t Ho u s i n g Tr a n s i t 12 Ea s t e r n  Area Fe w  Vacant Sites Re d e v e l o p m e n t Ur b a n Gr o w t h Bo u n d a r y GI S  MA P  SE R I E S Re d e v e l o p m e n t Ur b a n  Gr o w t h  Bo u n d a r y We s t e r n  Ar e a 13 En c o u r a g e i m p r o v e m e n t an d r e d e v e l o p m e n t o f ol d e r pr o p e r t i e s En c o u r a g e  LE E D * / U S G B C *   gr e e n  bu i l d i n g  st a n d a r d s ‐ Pi d it i ol d e r pr o p e r t i e s Ad o p t T r a n s i t O r i e n t e d De v e l o p m e n t Z o n i n g Pro v id e inc e n ti ve s ‐ Em b r a c e  Su s t a i n a b l e   De v e l o p m e n t Pr i n c i p l e s inthe Ov e r l a y ( T O D O ) p r o m o t i n g ra i l s t a t i o n De v e l o p m e n t  Pr i n c i p l e s  in the  Ci t y  wi d e  vi s i o n  update Ad o pt Bi o s c i e n c e  Research  p Pr o t e c t i o n  Ov e r l a y  (BRPO)  Re g u l a t i o n s *L E E D  ‐ Le a d e r s h i p  in  Energy and  En v i r o n m e n t a l  De s i g n   *U S G B C  ‐ US  Gr e e n  Bu i l d i n g  Council 14 PRO P O S E D STU D I E S / ACT I O N S 20 0 9 Ad o p t  FA R s *  (P o l i c y  1.1.2.8.,  pa g e  22 ) Ad o p t BR P O * re g u l a t i o n s Co n d u c t  An n e x a t i o n   St u d y  (P o l i c y  1. 3 . 1 . 4 . ,  pa g e  33 ) Up d a t e Ci t y ’s “ Vi s i o n Ad o p t  BR P O  re g u l a t i o n s (P o l i c i e s  1. 3 . 4 . 1  an d  1. 3 . 4 . 4 ,  page  35 ) Ad o p t in c e n t i v e s for Up d a t e  Ci t y s   Vi s i o n   Pl a n ”  (P o l i c y  1. 3 . 7 . 1 . ,  pa g e  36 ) 20 1 0 Ad o p t  in c e n t i v e s  for  re d e v e l o p m e n t  (Policy  1. 4 . 2 . 1 2 . ,  pa g e  32 ) In c o r p o r a t e  in c e n t i v e s  fo r   gr e e n  bu i l d i n g  (P o l i c y  1. 3 . 6 . 1 . ,   pa g e 36 ) pa g e  36 ) *F A R  ‐ Fl o o r  Ar e a  Ra t i o *B R P O  ‐ Bi o s c i e n c e  Re s e a r c h  Pr o t e c t i o n  Ov e r l a y 15 PRO P O S E D STU D I E S / ACT I O N S 20 1 0 In c o r por a t e  in c e n t i v e s  fo r   20 1 2 Ad o p t  mu l t i ‐mo d a l  overlay  fo r  pl a n n e d  tr a n s i t  corridors  (l ) p bi o s c i e n c e  us e r s  (P o l i c y  1. 3 . 4 . 3 . ,   pa g e  35 ) As s e s s  de s i g n  gu i d e l i n e s   (P o l i c y 12 4 9 pa g e 32 ) (Po lic y  1. 1 . 1 . 2 0 . ,  pa g e  14 ) Pr e p a r e  Ar c h e o l o g i c a l ,   Cu l t u r a l  an d  Hi s t o r i c   Pr e s e r v a t i o n As s e s s m e n t (P o l i c y  1.2.4.9.,  pa g e  32 ) 20 1 1 Co n d u c t  TO D *  co m m u n i t y   ba s e d pl a n n i n g pr o c e s s Pr e s e r v a t i o n  As s e s s m e n t              (P o l i c y  1. 2 . 4 . 1 0 . ,  pa g e  32 ) *TO D  ‐ Tr a n s i t  Or i e n t e d  De v e l o p m e n t ba s e d  pl a n n i n g  pr o c e s s   (P o l i c y  1. 3 . 5 . 1 . ,  pa g e  36 ) 16 Su p p o r t va r i o u s mo d e s of Su p p o r t va r i o u s mo d e s of tr a n s p o r t a t i o n En c o u r a g e p u b l i c t r a n s i t u s e , bi c y c l e , p e d e s t r i a n p a t h s ‐ su p p o r t pr o p o s e d m u l t i ‐mo d a l o v e r l a y Co o r d i n a t e wi t h lo c a l tr a n s i t Co o r d i n a t e wi t h lo c a l tr a n s i t se r v i c e p r o v i d e r s a n d l o c a l mu n i c i p a l i t i e s t h e C i t y ’ s t r a n s i t i i t i t i init i ati ve s Re c o g n i z e  di r e c t  li n k  be t w e e n   pu b li c transit,  land us e ,  work f orce   pu b c ta s t , ad us e , oo c e ho u s i n g ,  an d  ec o n o m i c   de v e l o p m e n t 17 PRO P O S E D STU D I E S /AC T I O N S PRO P O S E D STU D I E S /AC T I O N S 20 0 9 Ad o p t  pe a k ‐ho u r ,  in t e r s e c t i o n  an d   di l t f f i td d 20 1 0 Pr o v i d e d i s i n c e n t i v e s f o r re m o v a l oflinkson dail y tra ff i c stan dar ds (P o l i c y  2. 1 . 1 . 2 . ,  Pa g e  1) Ad o p t  TD M *  st r a t e g i e s  (P o l i c y  2. 1 . 1 . 1 . ,      Pa g e  16 ) i d re m o v a l oflinkson Th o r o u g h f a r e P l a n (Policy 2. 2 . 1 . 3 . , P a g e 1 6 ) Co n d u c t Ci t y ‐wideBike Pr e p a r e  Tr a n s it Ne e ds As s e s s m e n t   St u d y  (P o l i c y  2. 3 . 3 . 1 . ,  Pa g e  23 ) As s e s s  pa r k i n g  re q u i r e m e n t s  to  pr o m o t e   Co n d u c t  Ci t y wide Bike  /P e d e s t r i a n  Network Plan  (P o l i c y  2. 2 . 1 . 4 . ,  Page 16) us e  of  co m p a c t  ve h i c l e s  su c h  as  ve s p a s ,   sc o o t e r s  (P o l i c y  2. 2 . 4 . 2 . ,  Pa g e  2‐17 ) * TD M  ‐ Tr a f f i c  De m a n d  Ma n a g e m e n t 18 PRO P O S E D STU D I E S /AC T I O N S PRO P O S E D STU D I E S /AC T I O N S 20 1 0 Co n t r o l  ve h i c l e  ac c e s s  an d   20 1 1 Co n d u c t T O D * O v e r l a y St u d y (P l i 2 3 3 2 P21) en c o u r a g e  cr o s s ‐co n n e c t i o n s   (P o l i c y  2. 2 . 1 . 5 . ,  Pa g e  16 ) Pr o v i d e  St r a t e gie s  to  re l i e v e   St u d y (P oli cy 2.3.3.2.,Page21) Mu l t i ‐Mo d a l T r a n s p o r t a t i o n Pl a n (P o l i c y 2 . 2 . 6 . 6 . , P a g e 2 2 ) g co n g e s t i o n  of f  FI H S *  (P o l i c y   2. 2 . 1 . 7 . ,  Pa g e  16 ) Pr e par e  St r e e t s c a pe p p an d  La n d s c a p i n g  Pl a n (P o l i c y  2. 2 . 5 . 2 . ,  Pa g e  20 ) *F I H S ‐Fl o r i d a  I n t e r s t a t e   Hi g h w a y  Sy s t e m * TO D  ‐ Tr a n s i t  Or i e n t e d   De v e l o p m e n t 19 Pr o m o t e af f o r d a b l e an d or k f o r c e ho s i n g Pr o m o t e  af f o r d a b l e  an d  wor k f o r c e  ho usi n g   to  su s t a i n  a ba l a n c e d  co m m u n i t y  an d   ec o n o m i c  gr o w t h Pr o m o t e su s t a i n a b l e an d en e r g y ef f i c i e n t Pr o m o t e su s t a i n a b l e an d en e r g y ef f i c i e n t st a n d a r d s f o r h o u s i n g Es s e n t i a l  Se r v i c e  Personnel‐ ho u s e h o l d  in c o m e :  140% of  an n u a l  me d i a n  income  ($ ) h En c o u r a g e h o u s i n g a n d s u p p o r t i v e s e r v i c e s fo r e l d e r l y a n d s p e c i a l n e e d s r e s i d e n t s En c o u r a g e au x i l i a r y dw e l l i n g un i t s ($ 85 , 6 8 0 )‐ te a c hers, nurses,  po l i c e  an d  fi r e  personnel,  pl a n n e r s ,  re t a i l  service, etc.  En c o u r a g e  au x i l i a r y  dw e l l i n g  un i t s   (A D U s )  “g r a n n y  fl a t s ”  to  in c r e a s e  su p p l y  of   ho u s i n g 20 PRO P O S E D STU D I E S /AC T I O N S PRO P O S E D STU D I E S /AC T I O N S 20 1 0 De v e l o p  an  Af f o r d a b l e / W o r k f o r c e   Ho u s i n g  Ne e d s  As s e s s m e n t  an d   Im p l e m e n t a t i o n  Pl a n  (P o l i c y  3. 2 . 1 . 2 . ‐Pg  3‐5) Ad o p t  ov e r c r o w d i n g  re g u l a t i o n  to   su p p o r t  co d e  en f o r c e m e n t  ef f o r t s  (P o l i c y   3. 1 . 3 . 1 ‐Pa g e  3‐2) Id e n t i f y  in f i l l  an d  re d e v e l o p m e n t  si t e s   fo r af f o r d a b l e / w o r k f o r c e ho u s i n g (P l i De f i n e  in c e n t i v e s  fo r  green building  st a n d a r d s  ‐ Pr o v i d e  education  aw a r e n e s s pr o g r a m fordevelopers fo r  af f o r d a b l e / w o r k f o r c e  ho u s i n g    (P oli cy   3. 2 . 2 . 1 . ‐ Pa g e  3‐7) 20 1 1 aw a r e n e s s  pr o g r a m  for developers  (P o l i c y  3. 1 . 1 . 2 ‐Pa g e  3‐1)   Pr o v i d e  in c e n t i v e s  to  private sector  fo r  pro v i s i o n  of  af f o r d a b l e   Pr o m o t e  co n s e r v a t i o n  pr o g r a m s  an d   en e r g y  ef f i c i e n t  pr a c t i c e s  (P o l i c y  3. 1 . 1 . 1 . ‐Pa g e   3‐1) Co n s i d e r in c l u s i o n a r y ho u s i n g p /w o r k f o r c e  ho u s i n g   (Policy 3.2.1.9‐Page  3‐6) Re v i e w    La n d  De v e l o p m e n t  Regulation  (L D R ) li id Co n s i d e r  in c l u s i o n a r y  ho u s i n g   re g u l a t i o n s  on ‐si t e / o f f ‐si t e  or  ot h e r   su p p o r t i v e  pr o v i s i o n s  (P o l i c y  3. 2 . 2 . 3 . ‐Pg  3‐7) (L D R )  to  st r e a m li ne  re v iew and  pe r m i t t i n g  fo r  af f o r d a b l e /  workforce  ho u s i n g  (P o l i c y  3. 2 . 1 . 9 . – P a g e  3‐6)21 PRO P O S E D STU D I E S /AC T I O N S 20 1 2 De v e l o p a Se n i o r an d Sp e c i a l 20 1 3 De v e l o p  Ne i g h b o r h o o d   En h a n c e m e n t Pl a n s fordeclined De v e l o p  a Se n i o r  an d  Sp e c i a l   Ne e d s  Ho u s i n g  St u d y  an d   Im p l e m e n t a t i o n  Pl a n    (P o l i c y   3. 1 . 4 . 4 ‐ Pa ge 3‐2) En h a n c e m e n t  Pl a n s  for declined  ne i g h b o r h o o d s (P o l i c y  3.1.6.2.‐ Pa g e  3‐4) Co n s i d e r cr e a t i n g Ne i g h b o r h o o d g ) Ev a l u a t e    nu r s i n g  ho m e ,  as s i s t e d   li v i n g  fa c i l i t i e s ,  gr o u p  ho m e s   an d mo b i l e ho m e s (P o l i c y 31 5 5 ‐ Co n s i d e r  cr e a t i n g  Ne i g h b o r h o o d   Co o r d i n a t o r  po s i t i o n  (Policy  3. 1 . 6 . 5 . ‐ Pa g e  3‐4) an d  mo b i l e  ho m e s  (P o l i c y  3.1.5.5. Pa g e  3‐3) Up d a t e  ho u s i n g  ne e d s   pr o j e c t i o n s ba s e d on 20 1 0 pr o j e c t i o n s  ba s e d  on  20 1 0   Ce n s u s  (P o l i c y  3. 2 . 1 . 5 . ‐Pa g e  3‐6) Pr o v i d e  ed u c a t i o n  aw a r e n e s s   pr o g r a m s to su p p o r t wo r k f o r c e pr o g r a m s  to  su p p o r t  wo r k f o r c e   ho u s i n g  (P o l i c y  3. 2 . 3 . 1 1 ‐Pa g e  3‐9) 22 Sa n i t a r y Se w e r Po t a b l e  Wa t e r Od d iid y Tr a n s m i s s i o n ,  tr e a t m e n t  an d   di s p o s a l  by  Se a c o a s t Re s i d e n t i a l an d no n ‐re s i d e n t i a l Ope r a t e d an d maintained  by  Se a c o a s t ‐ co o r d i n a t i o n Wa t e r  co n s e r v a t i o n ‐green  b i l d i td d Re s i d e n t i a l  an d  no n ‐re s i d e n t i a l   (c o m m e r c i a l ,  in d u s t r i a l ) So l i d Wa s t e buil d i ng  stan dards Co o r d i n a t e  wi t h  Seacoast  an d  So u t h  Fl o r i d a  Water  Ma n a g e m e n t District So l i d  Wa s t e Re s i d e n t i a l  an d  Co m m e r c i a l Co l l e c t e d  by  Wa s t e  Ma n a g e m e n t Ma n a g e m e n t  District  (S F W M D ) Aq u i f e r  Re c h a r g e Cd i t dt Pa l m  Be a c h  Co u n t y  So l i d  Wa s t e   Au t h o r i t y  ow n s  an d  op e r a t e s   di s p o s a l  fa c i l i t y Coo r di na te gr o u n dwater  su p p l y  wi t h  Se a c o a s t En c o u r a g e  Co m m e r c i a l  Re c y c l i n g ‐ St o r m w a t e r M a n a gem e n t g 20 0 2  St o r m w a t e r M a n a g e m e n t Pl a n  ‐ im p l e m e n t a t i o n 23 PRO P O S E D STU D I E S / ACT I O N S 20 0 9 Ad o p t 10 ye a r Wa t e r Su p p l y Ad o p t  10 ‐ye a r  Wa t e r  Su p p l y   Fa c i l i t y  Wo r k  Pl a n  (P o l i c y  4D . 2 . 2 . 3 . ,   pa g e  4‐8) 20 1 7 20 1 7 As s e s s  an d  up d a t e  th e  20 0 2   St o r m w a t e r M a n a g e m e n t  Pl a n   (P o l i c y  4C . 1 . 1 . 1 . ,  pa g e  4‐4) 24 Re q u i r e de v e l o p m e n t to Hu r r i c a n e an d di s a s t e r Re q u i r e  de v e l o p m e n t  to   pr e s e r v e  na t i v e  ve g e t a t i o n   bu f f e r  de v e l o p m e n t  an d   dl t Hu r r i c a n e  an d  di s a s t e r   pr e p a r e d n e s s  te a m Es t a b l i s h  pos t ‐di s a s t e r   re dev e lop m e n t  p pr o c e d u r e s PRO P O S E D STU D I E S / ACT I O N S 20 1 2 Ac q u i r e  pr o p e r t y  fo r  dual  fu n c t i o n of op e n sp a c e anddebris fu n c t i o n  of  op e n  sp a c e  and debris  re m o v a l  si t e  (P o l i c y  5. 2 . 3 . 8 . ,  page 5‐9) De f i n i n g  Co a s t a l  Hi g h  Ha z a r d   Ar e a  (C H H A )    an d  Hu r r i c a n e   Vu l n e r a b i l i t y Zo n e (M a p ) Vu l n e r a b i l i t y  Zo n e  (M a p ) 25 Ma i n t a i n de v e l o p m e n t En c o u r a g e en v i r o n m e n t a l l y Ma i n t a i n  de v e l o p m e n t   re g u l a t i o n s  to  ma n a g e   wa t e r  re s o u r c e s    fo r   de v e l o p m e n t an d En c o u r a g e  en v i r o n m e n t a l l y   su s t a i n a b l e   Ci t y   Re d u c e CO 2 em i s s i o n s de v e l o p m e n t  an d   re d e v e l o p m e n t Re d u c e  CO 2  em i s s i o n s   Ad d  en e r g y  ef f i c i e n t   bu i l d i n g s    an d  re c y c l i n g   gu i d e l i n e s  to  La n d   De v e l o p m e n t  Re g u l a t i o n s   En s u r e  ec o l o g i c a l   co m m u n i t i e s wi l d l i f e an d co m m u n i t i e s , wi l d l i f e  an d   ma r i n e  li f e  ar e  id e n t i f i e d ,   ma n a g e d  an d  pr o t e c t e d P t l Pre p a r e  ma n a g e m e n t  plan   fo r  ec o s i t e s ‐co o r d i n a t e   wi t h  co n s e r v a t i o n  ag e n c i e s 26 Ad o p t  gr e e n  st a n d a r d s   fo r  Ci t y   fa c i l i t i e s  an d  op e r a t i o n PRO P O S E D STU D I E S /AC T I O N S 20 0 9 Sp e c i f i c En e r g y ef f i c i e n t an d Sp e c i f i c  En e r g y  ef f i c i e n t  an d   re c y c l i n g  gu i d e l i n e s  to  en c o u r a g e   co n s e r v a t i o n  in  La n d  De v e l o p m e n t   Re g u l a t i o n s Re g u l a t i o n s    (P o l i c y  6. 2 . 2 . 5 . ,  Pa g e  6‐15 ) 20 1 1 Ad o p t Mu l t i ‐Mo d a l tr a n s p o r t a t i o n Ad o p t  Mu l t i Mo d a l  tr a n s p o r t a t i o n   Pl a n  th a t  in c l u d e s  CO 2  re d u c t i o n                  (P o l i c y  6. 2 . 1 . 6 . ,  Pa g e  6‐14 ) 27 Mt th ti d Mee t th e re c r e a ti on  an d op e n  sp a c e   ne e d s  of  al l  ou r  re s i d e n t s  & AD A   ac c e s s i b i l i t y  (A m e r i c a n s  wi t h  Di s a b i l i t i e s  Ac t ) Pr o v i d e  op e n  sp a c e  an d  mi n i ‐pa r k s   wi t h i n  PU D  (P l a n n e d  Un i t  De v e l o p m e n t  ) an d        PC D (P l a n n e d Co m m u n i t y De v e l o p m e n t s ) PC D  (P l a n n e d  Co m m u n i t y  De v e l o p m e n t s ) Ne i g h b o r h o o d  Pa r k s ‐ 2 to  15  acres Co m m u n i t y Pa r k s ‐ mi n i m u m  25 acres y Di s t r i c t  Pa r k s ‐in  co o r d i n a t i o n  with other  su r r o u n d i n g  co m m u n i t i e s Mi n i Pa r k s / T o t Lo t s / P o c k e t Parks Mi n i ‐Pa r k s / T o t ‐Lo t s / P o c k e t ‐Parks  (r e d e v e l o p . / c o m m e r c i a l      ar e a s )  ‐ min ½ acre Ec o ‐Or i e n t e d  Pa r k s ‐em b r a c e  natural 28 re s o u r c e s  (i . e . :  Sa n d h i l l C r a n e )   Op e n  Sp a c e  –L i n e a r  Pa r k s  & Golf Courses PRO P O S E D STU D I E S /AC T I O N S 20 1 1 20 1 0 Re v i e w  im p a c t  fe e  pr o g r a m   (P o l i c y  7. 1 . 2 . 3 . ,  Pa g e  7‐5) Ri d i l dl k/ d / l i 20 1 1 Co m p l e t e  ac c e s s i b i l i t y   in v e n t o r y  fo r  sp e c i a l  needs  (Po l i c y 7. 1 . 3 . 4 . , Pa ge 7‐5) Res id en t ial dev e lop .‐pa r k/ ro a d/ po li ce   an d  fi r e  im p a c t  fe e s ‐ Co m m e r c i a l  de v e l o p .‐ro a d / p o l i c e  an d  fi r e   im p a c t  fe e s / a r t s  (o v e r  $o n e  mi l l i o n  )/   Ho t e l s pa r k im p a c t fe e s (y , g ) 20 1 2 Re c r e a t i o n  Ma s t e r  Plan             (P o l i c y  7. 1 . 4 . 8 . ,  Pa g e  7‐6) Ho t e l s ‐pa r k  im p a c t  fe e s Ad o p t  st a n d a r d s  to  pr o v i d e   op e n  sp a c e  wi t h i n  ce r t a i n   di s t a n c e s  (P o l i c y  7. 1 . 1 . 3 . ,  Pa g e  7‐1) Ri Ll f Si Rev iew  Lev e l of Ser v ice   st a n d a r d s  (P o l i c y  7. 1 . 1 . 3 ,  Pa g e  7‐3) 29 Co o r d i n a t e se r v i c e st a n d a r d s th r o u g h Co o r d i n a t e  se r v i c e  st a n d a r d s  th r o u g h   IP A R C  (I n t e r g o v e r n m e n t a l  Pl a n  Am e n d m e n t  Re v i e w   Co m m i t t e e )  an d  TC R P C  (T r e a s u r e  Co a s t  Re g i o n a l   Pl a n n i n g  Co u n c i l ) Co o r d i n a t e  Pr o p o r t i o n a t e  Fa i r  Sh a r e   Ag r e e m e n t s re g a r d i n g tr a n s p o r t a t i o n Ag r e e m e n t s  re g a r d i n g  tr a n s p o r t a t i o n   Co o r d i n a t e  pl a n n i n g  ef f o r t s  withNorth  Pa l m Be a c h to pr o v i d e op p o r t u n i t i e s for Pa l m  Be a c h  to  pr o v i d e  op p o r t u n i t i e s  for  bi o s c i e n c e  us e s Co l l a b o r a t e  wi t h  tr a n s p o r t a t i o n  30 pl a n n i n g  ef f o r t s  (P a l m  Tr a n / S o u t h  Florida Re g i o n a l  Tr a n s p o r t a t i o n  Au t h o r i t y ) En c o u r a g e  sa f e  ac c e s s  to  sc h o o l s ‐si d e w a l k s ,   bi k e  pa t h s ,  tu r n  la n e s ,  si g n a g e ,  cr o s s i n g   gua r d s , bu s  st o ps‐ g, p Co o r d i n a t e  wi t h  Sc h o o l  Di s t r i c t  in f o r m a t i o n   ab o u t  ne w  re s i d e n t i a l  de v e l o p m e n t s En s u r e  th a t  sc h o o l  ca p a c i t y  is  su f f i c i e n t  to   co m p l y  wi t h  Le v e l  of  Se r v i c e Ma i n t a i n  hi g h  qu a l i t y  of  ne i g h b o r h o o d   ae s t h e t i c s   31 En s u r e  co n s t r u c t i o n ,   re p l a c e m e n t ,  ma i n t e n a n c e    of ca p i t a l fa c i l i t i e s to ac h i e v e PR O P O S E D  ST U D I E S / A C T I O N S 20 1 2 Co n s i d e r  ad o p t i n g  Public  il i f f of  ca p i t a l  fa c i l i t i e s  to  ac h i e v e   an d  ma i n t a i n  le v e l s  of  se r v i c e Fu t u r e  de v e l o pme n t  sh a l l   Fa c il i ty  Im p a c t    fee  for  co n s t r u c t i o n  of  ne w  City  bu i l d i n gs (P o l i c y  9. 1 . 2 . 4 . ‐Pg. 9‐2) ut u e de e o p e t sa be a r  pr o p o r t i o n a t e  co s t  of   fa c i l i t y  im p r o v e m e n t s   id b dl g ne c e s s ita t e d by dev e lop m e n t   or d e r 32 Fi r e  Re s c u e  Le v e l  of  Se r v i c e Cu r r e n t  Co m p r e h e n s i v e  Pl a n TR A V E L  TI M E 60 6 0 91 1  ca l l Ar r i v e  to   sc e n e Al a r m  fi r e   st a t i o n De p l o y RE S P O N S E  TI M E :i t  co n s i d e r s  on l y  tr a v e l  ti m e    av e r a g e  ti m e  5 mi n u t e s  or  le s s      (t o t a l  pr o c e s s :  7 mi n u t e s ) 5 mi n u t e s se c o n d s s e c o n d s Al a r m  fi r e   st a t i o n 91 1 ca l l De p l o y Ar r i v e  to   sc e n e Pr o p o s e d  Am e n d m e n t   60   se c o n d s 4 mi n u t e s  an d   0 d 91 1  ca l l 60   se c o n d s TR A V E L  TI M E 33 10 se c o n ds RE S P O N S E  TI M E :  it  co n s i d e r s   al l  pr o c e s s  6 mi n u t e s  an d  30  se c o n d s  or  le s s    (f r a c t i l e ‐ro u n d  to  ne x t  mi n u t e ) Po l i c e Le v e l of Se r v i c e Po l i c e  Le v e l  of  Se r v i c e Cu r r e n t  Co m p r e h e n s i v e  Pl a n 1, 1 5 0  ca l l s  pe r  of f i c e r  pe r  ye a r Pr o p o s e d  Am e n d m e n t   1, 0 0 0  ca l l s  pe r  pa t r o l  of f i c e r  pe r  ye a r Su p p o r t a ba l a n c e be t w e e n re s p o n s e to Su p p o r t  a ba l a n c e  be t w e e n  re s p o n s e  to   in c i d e n t s  an d  pr o a c t i v e  pa t r o l s En s u r e Fu t u r e La n d Us e Am e n d m e n t s ne w En s u r e  Fu t u r e  La n d  Us e  Am e n d m e n t s , ne w   de v e l o p m e n t  an d  re d e v e l o p m e n t  me e t  LO S   st a n d a r d s  or  mi t i g a t e  im p a c t s   PRO P O S E D STU D I E S /AC T I O N S 20 1 1 As s e s s  im p a c t  of  we s t e r n  de v e l o p m e n t  ar e a ,   dl t d ft ti f Fi re dev e lop m e n t an d futur e  an n e x a ti on  for  Fi re   Re s c u e  an d  Po l i c e  (P o l i c y  10 . 1 . 2 . 3 . ‐Pa g e  10 ‐1) 34 En c o u r a g e su s t a i n a b l e ec o n o m i c de v e l o p m e n t Fu t u r e  La n d  Us e En c o u r a g e  su s t a i n a b l e  ec o n o m i c  de v e l o p m e n t Tr a n s p o r t a t i o n Ho u s i n g La n d  Us e Ec o n o m i c   De v e l o p . Ho u s i n g Transit 35 PRO P O S E D STU D I E S /AC T I O N S 20 0 9 La n d Us e As s e s s m e n t – Pr o v i d e    de v e l o p m e n t  incentives  to  en c o u r a g e  Ci t y ‐wi d e  wi‐fi ne t w o r k  (P o l i c y  13 . 1 . 5 . 6  –Page 13‐4) La n d  Us e  As s e s s m e n t  – di v e r s i f y / b a l a n c e  (P o l i c y  13 . 1 . 1 . 8 ‐ Pa g e  13 ‐2) 20 1 1 Id e n t i f y  si t e s  th a t  foster  de v e l o p m e n t of wetlabs Ad o p t  re g u l a t i o n s  an d  pr o v i d e   in c e n t i v e s  fo r  Bi o s c i e n c e   Re s e a r c h  Pr o t e c t i o n  Ov e r l a y   de v e l o p m e n t  of  wet labs  (P o l i c y  13 . 1 . 4 . 7 . ‐Pa g e  13 ‐4) Re s e a r c h Pr o t e c t i o n Ov e r l a y (B R P O )  (P o l i c y  13 . 1 . 1 . 7 . ‐Pa g e  13 ‐2) 20 1 0 Id i f ib l f Id en t if y ar e a s  su ita bl e for   re d e v e l o p m e n t  to  pr o v i d e   bu s i n e s s  re t e n t i o n ,  ex p a n s i o n   an d  de v e l o p m e n t  in c e n t i v e s   (P o l i c y  13 . 1 . 1 . 9 . ‐Pa g e  13 ‐2) 36 Pu b l i c  Wo r k s h o p s 1st ‐ PZ A B  (A p r i l  8th ) 2nd ‐ (M a y  27 th ) 1st ‐ Ci t y  Co u n c i l  (M a y  15th) 2nd ‐ (J u n e  5th ) Pu b l i c  He a r i n g s PZ A B  (J u l y  8th ) Ci t y  Co u n c i l  (A u g u s t  21 st ) ‐ Transmittal Ad o p t i o n  Pr o c e s s Ob j e c t i o n s ,  Re c o m m e n d a t i o n s  an d  Co m m e n t s   Re p o r t  (O c t o b e r  20 0 8 ) Ad o p t i o n  (F e b  20 0 9 ) 37 “Af f o r d a b l e Ho u s i n g ” me a n s ho u s i n g fo r wh i c h mo n t h l y re n t s or monthly Af f o r d a b l e  Ho u s i n g  me a n s  ho u s i n g  fo r  wh i c h  mo n t h l y  re n t s  or  monthly  mo r t g a g e  pa y m e n t s ,  in c l u d i n g  ta x e s ,  in s u r a n c e ,  an d  ut i l i t i e s ,  do  not  ex c e e d  30  pe r c e n t  of  th e  We s t  Pa l m  Be a c h ‐Bo c a  Ra t o n  MS A  an n u a l   me d i a n  in c o m e  as  me a s u r e d  by  th e  U. S .  Bu r e a u  of  th e  Ce n s u s  and  up d a t e d an n u a l l y by th e De p a r t m e n t of Ho u s i n g an d Ur b a n up d a t e d  an n u a l l y  by  th e  De p a r t m e n t  of  Ho u s i n g  an d  Ur b a n   De v e l o p m e n t .   “W o r k f o r c e  Ho u s i n g ”  is  de f i n e d  as  ho u s i n g  af f o r d a b l e  to  na t u r a l  pe r s o n s  or  f i l i h tt l l hh l d i d t d140%f fam il i es  whos e  total an n u a l hou s e hold  inc o m e  doe s  no t ex c e e d 140% of  th e  an n u a l  me d i a n  in c o m e ,  ad j u s t e d  fo r  ho u s e h o l d  si z e . “Ex t r e m e l y Lo w In c o m e ” me a n s on e or mo r e na t u r a l pe r s o n s or a family Ex t r e m e l y  Lo w  In c o m e  me a n s  on e  or  mo r e  na t u r a l  pe r s o n s  or  a family  wh o s e  to t a l  an n u a l  ho u s e h o l d  in c o m e  do e s  no t  ex c e e d  30 %  of  median  an n u a l  ad j u s t e d  gr o s s  in c o m e . “V L I” tl fi l h “V er y  Low  Inc o m e ” me a n s  on e  or  mo r e  na tur a l pe r s o n s  or  a fam il y whose  to t a l  an n u a l  ho u s e h o l d  in c o m e  do e s  no t  ex c e e d  50 %  of  me d i a n  annual  ad j u s t e d  gr o s s  in c o m e . 39 “L o w  In c o m e ”  me a n s  on e  or  mo r e  na t u r a l  per s o n s  or  a fa m i l y whose  p y to t a l  an n u a l  ho u s e h o l d  in c o m e  do e s  no t  ex c e e d  80 %  of  median  an n u a l  ad j u s t e d  gr o s s  in c o m e . “d ” l fl “Mo der a t e  In c o m e ” me a n s  on e  or  mo r e  na t u r a l pe r s o n s  or a family  wh o s e  to t a l  an n u a l  ho u s e h o l d  in c o m e  do e s  no t  ex c e e d  120% of  me d i a n  an n u a l  ad j u s t e d  gr o s s  in c o m e . “E s s e n t i a l  Se r v i c e s  Pe r s o n n e l ”  me a n s  pe r s o n n e l  wh o s e  ho u s e h o l d   in c o m e s  do  no t  ex c e e d    14 0 %  of  th e  an n u a l  me d i a n  in c o m e  as  de t e r m i n e d  an n u a l l y by th e  Fl o r i d a  Ho u s i n g Fi n a n c e  Co r poration  y y g p an d  ad j u s t e d  fo r  fa m i l y  si z e ,  wh o  ar e  em p l o y e d  in  ar e a s  in which  th e y  ar e  co n s i d e r e d  es s e n t i a l  se r v i c e  pe r s o n n e l  , in c l u d i n g  but not  li m i t e d  to  te a c h e r s  an d  ed u c a t o r s ,  po l i c e  an d  fi r e  pe r s o n n e l ,   sk i l l e d co n s t r u c t i o n tr a d e s pe r s o n n e l an d he a l t h ca r e pe r s o n n e l sk i l l e d  co n s t r u c t i o n  tr a d e s  pe r s o n n e l  an d  he a l t h  ca r e  pe r s o n n e l ,  an d  ot h e r  jo b  ca t e g o r i e s  de f i n e d  as  es s e n t i a l  by  ea c h  co u n t y .  40 CP M A‐08 ‐04 ‐00 0 0 0 8  Lo x a h a t c h e e  Slough CP M A ‐08 ‐06 ‐00 0 0 1 0    No r t h l a k e  Co n g r e s s  Co m m e r c i a l  Center CP M A 08 06 00 0 0 0 9      Wa t e r w a y  Café  CP M A ‐08 ‐06 ‐00 0 0 0 9      Wa t e r w a y  Café  •Se c t i o n  16 3 . 3 1 8 7  , F. S .  pr o v i d e s  fo r  2 am e n d m e n t s   Se c t i o n  16 3 . 3 1 8 7  , F. S .  pr o v i d e s  fo r  2 am e n d m e n t s   to  th e  Co m p r e h e n s i v e  Pl a n  ea c h  ye a r  fo r  La r g e   Sc a l e .   •Sm a l l  Sc a l e  = 10  ac r e s  or  le s s  an d  cu m u l a t i v e   an n u a l  ac r e a g e  fo r  al l  sm a l l  sc a l e  no  gr e a t e r  th a n   12 0  ac r e s .    La r g e  Sc a l e    = gr e a t e r  th a n  10  ac r e s   (S i   6    F  S) (S ec t ion  163.  31 8 7 ,  F. S) •Pe t i t i o n s    pa r t  of  “C l e a n ‐up  ef f o r t  ” to  Ci t y ’ s  Land  Us e  an d  Zo n i n g  Ma p s CP M A ‐08 ‐04 ‐00 0 0 0 8  LA R G E ‐SC A L E  LA N D ‐US E   AM E N D M E N T  FO R  TH E  LO X A H A T C H E E  SL O U G H   NA T U R A L  AR E A NA T U R A L  AR E A Pu b l i c  He a r i n g  & Re c o m m e n d a t i o n  to  Ci t y  Co u n c i l :    A jo i n t  Ci t y ‐Co u n t y M a p  Am e n d m e n t  re q u e s t  to  modify  th e  Fu t u r e  La n d  Us e  De s i g n a t i o n  on  se v e r a l  pa r c e l s  within  th e  Fu t u r e  La n d  Us e  De s i g n a t i o n  on  se v e r a l  pa r c e l s  within  th e  ar e a  kn o w n  as  th e  Lo x a h a t c h e e  Sl o u g h  an d  Sa n d h i l l Cr a n e  Na t u r a l  Ar e a s  fr o m  a De s i g n a t i o n  of  Co m m e r c i a l   Re c r e a t i o n  (C R )  an d  Re s i d e n t i a l  Ve r y  Lo w  (R V L )  and  Re c r e a t i o n  (C R )  an d  Re s i d e n t i a l  Ve r y  Lo w  (R V L )  and  In d u s t r i a l  (I )  to  Co n s e r v a t i o n  (C O N S ) .  Th e  pr o p e r t i e s  are  ow n e d  by  Pa l m  Be a c h  Co u n t y  an d  ha v e  a to t a l  ac r e a g e  of  20 2 9  ac r e s 2,02 9  ac r e s . 3 1 2 •Re g i o n a l l y  si g n i f i c a n t  we t l a n d  an d  th e  hi s t o r i c  he a d w a t e r s  of the  Lh t h  Nt i l  Wi l d  & Si  Ri   Lox a hatchee  Nati on a l Wi l d  & Sce n ic Ri ve r .   •PB C  Ow n e r  of  al l  pa r c e l s    Ex i s t i n g  Co n s e r v a t i o n  Ea s e m e n t s  in  •PB C  Ow n e r  of  al l  pa r c e l s .   Ex i s t i n g  Co n s e r v a t i o n  Ea s e m e n t s  in  pl a c e •Ma n a g e d  as  pa r t  of    Co u n t y w i d e  sy s t e m  of  na t u r a l  ar e a s ,  protected  to  ma i n t a i n  th e  di v e r s i t y  of  bi o l o g i c a l  co m m u n i t i e s  & sp e c i e s .   •Ar e a s  op e n  to  pu b l i c  fo r  en v i r o n m e n t a l  ed u c a t i o n ,  sc i e n t i f i c   re s e a r c h , an d  pas s i v e  re c r e a t i o n  ac t i v i t i e s , su c h  as  na t u r e  walks,  , p , , bi r d  wa t c h i n g ,  an d  ph o t o g r a p h y . 3 1 2 Co m pat i b i l i t y wi t h  Su r r o u n d i n g Area Co m pat i b i l i t y wi t h  Su r r o u n d i n g Area Pa r c e l Ac r e a g e No r t h S o u t h E a s t W e s t py g py g 1  Sa n d h i l l C r a n e   Si t e CR 1, 4 6 6 Lo x a h a t c h e e   Sl o u g h  (C O N S ) Be e  Li n e   Hi g h w a y    &  Sw e e t b a y   Pr e s e r v e  (C O N S ) Lo x a h a t c h e e  Sl o u g h   (C O N S ) Caloosa (Residential Low) CR 2  47 8 Ju p i t e r  Fa r m s Lo x a h a t c h e e   Lo x a h a t c h e e   Jupiter Farms  Lo x a h a t c h e e   Sl o u g h  Na t u r a l   Ar e a RV L (R u r a l   Re s i d e n t i a l ) Sl o u g h (C O N S  ) Sl o u g h / J u p i t e r  Fa r m s   (C O N S / R u r a l   Re s i d e n t i a l ) (Rural Residential) RV L 3 Lo x a h a t c h e e   Sl o u g h  Na t u r a l   A 85 Lo x a h a t c h e e   Sl o u g h  (C O N S ) No r t h l a k e   Bo u l e v a r d Lo x a h a t c h e e  Sl o u g h   (C O N S ) Carlton Oaks (Residential Low) Are a In d u s t r i a l GO A L  6. 1 . : Th e  na t u r a l  re s o u r c e  of  th e  Ci t y  of  Pa l m  Be a c h  Ga r d e n s  sh a l l  be  pr e s e r v e d  or  ma n a g e d  in  a ma n n e r  wh i c h  ma x i m i z e s  th e i r  pr o t e c t i o n ,  fu n c t i o n s ,  an d  va l u e s . Po l i c y  6. 1 . 2 . 8 . : Th e  Ci t y  sh a l l  co o p e r a t e  wi t h  th e  SF W M D  an d  Pa l m  Be a c h  Co u n t y  in their  ef f o r t s  in  re s t o r i n g  th e  Lo x a h a t c h e e  Sl o u g h  Sa n c t u a r y .  Th e  Ci t y  in  co n j u n c t i o n  wi t h  the SFWMD  an d  Pa l m  Be a c h  Co u n t y ,  sh a l l  re v i e w  an y  de v e l o p m e n t  ad j a c e n t  to  th e  Sa n c t u a r y  for possible  ad v e r s e  im p a c t  on  th e  Sa n c t u a r y  du r i n g  th e  de v e l o p m e n t  ap p r o v a l  pr o c e s s .   ad v e r s e  im p a c t  on  th e  Sa n c t u a r y  du r i n g  th e  de v e l o p m e n t  ap p r o v a l  pr o c e s s .   Po l i c y  6. 1 . 5 . 3  (a ) . : Th e  Ci t y  sh a l l  co n t i n u e  to  co o p e r a t e  wi t h  SF M W D  an d  Pa l m  Beach County  th r o u g h  th e  ex c h a n g e  of  te c h n i c a l  in f o r m a t i o n  an d  in f o r m a t i o n  co o r d i n a t i o n  in  order to make a  ti   ff t  t   tt   d    i   tt i   it i  th t   it i th  co n c e r ti ng  eff or t to pr o tec t an d co n s e r v e  un iqu e  ve g e tati on  co m m u n it i es  th at ex ist in the  Lo x a h a t c h e e  Sl o u g h  ar e a  an d  wh i c h  fa l l  un d e r  mu l t i p l e  lo c a l  ju r i s d i c t i o n s .    Fu r t h e r ,  the City  sh a l l  as s i s t  in  th e  Lo x a h a t c h e e  Sl o u g h  ec o s i t e ’ s p r o t e c t i o n  by  de s i g n a t i n g  it  wi t h  Conservation  la n d  us e ,  an d  as s i s t i n g  wi t h  ma n a g e m e n t  ac t i v i t i e s .   Po l i c y  6. 1 . 5 . 4 . :  Th e  Ci t y  sh a l l  ma i n t a i n  la n d  de v e l o p m e n t  re g u l a t i o n s  co n t a i n i n g  specific  st a n d a r d s  an d  gu i d e l i n e s  fo r  th e  pr o t e c t i o n  of  en v i r o n m e n t a l l y  se n s i t i v e  la n d s  co n t a i n i n g  one or  mo r e  of  th e  fo l l o w i n g : (a  th r o u g h  c om i t t e d  fo r  br e v i t y ) d. A n y  pa r t  of  th e  Lo x a h a t c h e e  Sl o u g h  Sa n c t u a r y ; (e m p h a s i s  ad d e d ) •It e m  wa s  se n t  to  In t e r g o v e r n m e n t a l  Pl a n  Am e n d m e n t  Re v i e w   Co m m i t t e e    (I P A R C )  an d  h a v e  re c e i v e d  no  co m m e n t s  to  da t e .   •Ci t y  Co u n c i l  1st re a d i n g    Au g u s t  21 ,  20 0 8 •La r g e  Sc a l e  to  be  tr a n s m i t t e d  to  De p a r t m e n t  of  Co m m u n i t y  Affairs  fo r  re v i e w  in  a c c o r d a n c e  wi t h  16 3 .  31 8 4  , F. S . d () •Ci t y  Co u n c i l  2nd re a d i n g  (ad o p t i o n ) No v e m b e r  6,  20 0 8 •No t i c e  of  In t e n t  is s u e d  & Ef f e c t i v e  Da t e •Zo n i n g  Or d i n a n c e  ad o p t i o n  he a r i n g  to  oc c u r  si m u l t a n e o u s  wi t h  the  ad o p t i o n  of  th e  La n d  Us e  to  pr o v i d e  fo r  co n s i s t e n c y  be t w e e n  the  i   d ld     zo n ing  an d lan d us e .   • Th e  pr o p o s e d  la n d ‐us e  ma p  de s i g n a t i o n  of  Co n s e r v a t i o n  is  co m p a t i b l e  with  th e  su r r o u n d i n g  la n d ‐us e s  of  ad j a c e n t  pr o p e r t i e s  an d  wi t h  th e  Ci t y ’ s  Vision  Pl a n .    Pl a n .    • Th e  Co u n t y  an d  th e  SF W M D  ac q u i r e d  th e s e  pr o p e r t i e s  fo r  Co n s e r v a t i o n   pu r p o s e s  it  is  on l y  ap p r o p r i a t e  th a t  th e  Fu t u r e  La n d  Us e  De s i g n a t i o n  for these  pu r p o s e s , it  is  on l y  ap p r o p r i a t e  th a t  th e  Fu t u r e  La n d  Us e  De s i g n a t i o n  for these  ar e a s  be  Co n s e r v a t i o n .   Th e  La n d  Us e  de s i g n a t i o n   il l  pr o i d e  an  ad d i t i o n a l  la e r  of  pr o t e c t i o n  for  • Th e  La n d  Us e  de s i g n a t i o n  wil l  pr o vid e  an  ad d i t i o n a l  la yer  of  pr o t e c t i o n  for  th e s e  na t u r a l  ar e a s . Th   d  d  i   i   ih  Ch    Fl i d  S  • Th e pr o p o s e d am e n dme n t  is co n s ist e n t  with Ch ap t e r  16 3 ,  Fl or id a Statutes,  th e  St a t e  Co m p r e h e n s i v e  Pl a n  (i . e .  Ru l e  9J ‐5,  F. A . C ,  Ru l e  9J ‐11  F. A . C  and the  Ci t y  of  Pa l m  Be a c h  Ga r d e n s  Co m p r e h e n s i v e  Pl a n  an d  Co d e  of  Or d i n a n c e s . •St a f f  re c o m m e n d s  ap p r o v a l  of  th e  pr o p o s e d  la n d ‐us e  am e n d m e n t  petition  CP M A ‐08 ‐04 ‐00 0 0 0 8 .       CP M A ‐08 ‐06 ‐00 0 0 1 0   SM A L L  SC A L E  LA N D ‐USE  AM E N D M E N T  FO R  TH E  NO R T H L A K E  CO N G R E S S   AM E N D M E N T  FO R  TH E  NO R T H L A K E  CO N G R E S S   CO M M E R C I A L  CE N T E R   Pu b l i c  He a r i n g  & Re c o m m e n d a t i o n  to  Ci t y  Co u n c i l :    A Ci  ii i d       di f   h     d   A Ci ty  initiat e d re q u e s t  to  mo di f y the Fu t u r e  Land Use  De s i g n a t i o n  on  a po r t i o n  of  th e  No r t h l a k e  Co n g r e s s   Co m m e r c i a l  Ce n t e r  fr o m  a De s i gna t i o n  of  Re s i d e n t i a l   g Me d i u m  (R M )  to  Co m m e r c i a l  (C ) .  Th e  pr o p e r t y  is  ap p r o x i m a t e l y  1. 3 7  ac r e s  an d  ow n e d  by  No r t h l a k e   Ve n t u r e  LC   Ve n t u r e  L.C.  •No r t h l a k e  Co n g r e s s  Co m m e r c i a l  Ce n t e r  ‐ 3. 6 7  ac r e  si t e  located on  th e  no r t h  si d e  of  No r t h l a k e  Bo u l e v a r d  ap p r o x i m a t e l y  1 mile east of  I‐95  at  th e  in t e r s e c t i o n  of  No r t h l a k e  Bo u l e v a r d  an d  Co n g r e s s   I 95  at  th e  in t e r s e c t i o n  of  No r t h l a k e  Bo u l e v a r d  an d  Co n g r e s s   Av e n u e .   •Wal g r e e n s  is  ap p r o x i m a t e l y  0. 8 5  ac r e s .    Po l l o T r o p i c a l  fr o n t s  along  No r t h l a k e  Bo u l e v a r d  on  th e  ea s t  si d e  is  ap p r o x i m a t e l y  0. 8 5  acres.  •1. 3 7  ac r e  pa r c e l  wi t h  a cu r r e n t  La n d  Us e  de s i g n a t i o n  of  RM to  Co m m e r c i a l •Si t e  pl a n  wa s  ap p r o v e d  in  19 9 8  vi a  Re s o l u t i o n  11 7 ,  19 9 8 •Re s i d e n t i a l  Pa r c e l  wa s  in c l u d e d  in  th i s  ap p r o v a l .  Pr o v i d e s  parking,  a c c e s s ,  lo a d i n g ,  an d  dr y  de t e n t i o n •Po l i c y  1. 1 . 5 . 8 . :   Ow n e r s  of  pr o p e r t y  co n t a i n i n g  us e s  no t  co n s i s t e n t  wi t h  th e  Comprehensive  Pl a n  an d  La n d  De v e l o p m e n t  Re g u l a t i o n s ,  ma d e  in c o n s i s t e n t  or  no n c o n f o r m i n g  by the City or  th   i   i     ti   h ll   fi     id d  tht th  oth er  go v e r n ing  ag e n c ies ,  ma y  co n ti nu e  su c h leg a l no n c o n for m ing  us e  pr o v id ed that the  fo l l o w i n g  co n d i t i o n s  ar e  me t .    Th e s e  le g a l  no n c o n f o r m i n g  us e s  wi l l  no t  be  al l o w e d  to expand,  wi l l  no t  be  al l o w e d  to  be  mo v e d  or  re l o c a t e d ,  wi l l  no t  be  al l o w e d  to  be  re e s t a b l i s h e d  if ceased  fo r  si x  (6 )  co n s e c u t i v e  mo n t h  pe r i o d  or  ei g h t e e n  (1 8 )  mo n t h    mo n t h s  wi t h  a th r e e  (3) year  pe r i o d ,  or  if  da m a g e d  or  de s t r o y e d  by  mo r e  th a n  50 %  of  th e i r  va l u e .  (e m p h a s i s  added)  •Po l i c y  1. 1 . 6 . 1 . : De v e l o p m e n t  or d e r  an d  pe r m i t s  fo r  fu t u r e  de v e l o p m e n t  an d  redevelopment  ac t i v i t i e s  sh a l l  be  is s u e d  on l y  in  ar e a s  po s s e s s i n g  th e  ap p r o p r i a t e  Fu t u r e  La n d  Use designation  ac t i v i t i e s  sh a l l  be  is s u e d  on l y  in  ar e a s  po s s e s s i n g  th e  ap p r o p r i a t e  Fu t u r e  La n d  Use designation  an d  th a t  ar e  co n s i s t e n t  wi t h  th e  go a l s ,  ob j e c t i v e s ,  an d  po l i c i e s  of  th i s  Co m p r e h e n s i v e  Plan.  •Ob jec t i v e  1. 1 . 7.: Th e  Ci t y sh a l l  ma i n t a i n  la n d  de v e l o pme n t  re gul a t i o n s  co n t a i n i n g standards  j 7 y p g g an d  pr o v i s i o n s  wh i c h  en c o u r a g e  th e  el i m i n a t i o n  or  re d u c t i o n  or  us e s  in c o n s i s t e n t  with the  Ci t y ’ s  ch a r a c t e r  an d  fu t u r e  la n d  us e s .   Pl i   Ei     l    ld     hi h    ii b l  ih h  •Poli cy  1. 1 . 7 . 1 . : Exp a n s ion  or  re p lac e m e n t  or  lan d us e s  whi ch ar e  inc o m p a t ib l e with the  Fu t u r e  La n d  Us e  Pl a n  sh a l l  be  pr o h i b i t e d .   Co m p a t i b i l i t y  wi t h  Su r r o u n d i n g  Area Co m p a t i b i l i t y  wi t h  Su r r o u n d i n g  Area Pa r c e l A c r e a g e N o r t h S o u t h E a s t W e s t Nh l k   V    Wl  Pl l   D  Cl i  Alb Nor t hl ake  Co n g r e s s   Pl a z a  – Co m m e r c i a l 1. 3 7 Vac a n t    (R e s i d e n t i a l   Me d i u m ) Walgr e e n ,  Poll o  Tr o p i c a l / T a r g e t   (C o m m e r c i a l ) Dry  Cl ea n ing   Fa c i l i t y   (C o m m e r c i a l ) Applebees (Commercial) /Re s i d e n t i a l   Me d i u m   •It e m  wa s  se n t  to  In t e r g o v e r n m e n t a l  Pl a n  Am e n d m e n t  Review  Co m m i t t e e  (I P A R C )  an d  ha v e  re c e i v e d  no  co m m e n t s  to  date.  •No t i c e  re q u i r e m e n t s  me t •Ci t y  Co u n c i l  1st re a d i n g    Au g u s t  21 ,  20 0 8 Ci  Ci l   nd di  Sb     8 •Ci ty  Cou n c il  2nd re a di ng  Sep t e m ber  4,  20 0 8 •Ef f e c t i v e  da t e  31  da y s  af t e r  ad o p t i o n •Zo n i n g  Or d i n a n c e  to  be  in i t i a t e d  to  pr o v i d e  fo r  co n s i s t e n t   zo n i n g de s i gna t i o n  si n c e  al s o  Re s i d e n t i a l  Me d i u m .   g g •L e t t e r  Re c e i v e d  fr o m  Pr o p e r t y  Ow n e r  (N o r t h l a k e  Ve n t u r e  L. C )    in  support of  Ci t y ‐in i t i a t e d  pe t i t i o n .   •Vi s i o n  Pl a n  de s i g n a t e s  th e  su b j e c t  si t e  as  Co m m e r c i a l •Un n a t u r a l  di v i s i o n  of  a pr o p e r t y  wi t h  2 la n d  us e  de s i g n a t i o n s  an d  zoning  Un n a t u r a l  di v i s i o n  of  a pr o p e r t y  wi t h  2 la n d  us e  de s i g n a t i o n s  an d  zoning  di s t r i c t s  th a t  is  cu r r e n t l y  un d e r  ow n e r s h i p  an d  wa s  ap p r o v e d  an d  pl a t t e d  as one  pr o j e c t .      •Pr o p o s e d  La n d  Us e  Am e n d m e n t  wi l l  he l p  br i n g  th e  ex i s t i n g  co n d i t i o n s  into  co n f o r m i t y .   •Th e  pr o p o s e d  am e n d m e n t  is  co n s i s t e n t  wi t h  Ch a p t e r  16 3 ,  Fl o r i d a  Statutes, the  St a t e  Co m p r e h e n s i v e  Pl a n  (i . e .  Ru l e  9J ‐5,  F. A . C ,  Ru l e  9J ‐11  F. A . C  an d  the City of  Pa l m  Be a c h  Ga r d e n s  Co m p r e h e n s i v e  Pl a n  an d  Co d e  of  Or d i n a n c e s . •St a f f  re c o m m e n d s  ap p r o v a l  of  th e  pr o p o s e d  sm a l l ‐sc a l e  la n d ‐us e  amendment  pe t i t i o n  CP M A ‐08 ‐06 ‐00 0 0 1 0 .       CP M A ‐08 ‐06 ‐00 0 0 0 9   SM A L L  SC A L E  LA N D ‐USE  AME N D M E N T  FO R  TH E  WA T E R W A Y  CA F É   Pu b l i c  He a r i n g  & Re c o m m e n d a t i o n  to  Ci t y  Co u n c i l :    A Ci t y  in i t i a t e d  re q u e s t  to  mo d i f y  th e  Fu t u r e  Land Use  De s i g n a t i o n  on  a po r t i o n  of  th e  Wa t e r w a y  Ca f é  site  fr o m  a De s i g n a t i o n  of  Re s i d e n t i a l  Me d i u m  (R M )  to  Co m m e r c i a l  (C )  Th e  pr o p e r t y  is  ap p r o x i m a t e l y  15  Co m m e r c i a l  (C ) . Th e  pr o p e r t y  is  ap p r o x i m a t e l y  1.5  ac r e s  an d  ow n e d  by  th e  La k e  Wo r t h  Cr e e k   Co r p o r a t i o n .   •1. 5  ac r e s  si t e  is  cu r r e n t l y  pa r t  of  th e  Wa t e r w a y  Ca f é  re s t a u r a n t  site, a 3.16  ac r e  si t e  on  th e  so u t h  si d e  of  PG A  Bo u l e v a r d  app ro x i m a t e l y ¼ mile east of  pp y Pr o s p e r i t y  Fa r m s  Ro a d . •RM  po r t i o n  of  th e  si t e  pr o v i d e s  pa r k i n g  la n d s c a p i n g  op e n  space office  •RM  po r t i o n  of  th e  si t e  pr o v i d e s  pa r k i n g  la n d s c a p i n g , op e n  space, office  an d  st o r a g e  us e s  di r e c t l y  re l a t e d  to  th e  re s t a u r a n t .   •Ex i s t i n g  st r u c t u r e  wh i c h  re m a i n s  on  th e  RM  pa r c e l  di r e c t l y  affiliated  wi t h  th e  re s t a u r a n t  op e r a t i o n s  is  a le g a l  no n ‐co n f o r m i n g  us e .      • Or d i n a n c e  5,  19 8 7  ap p r o v e d  a Co n d i t i o n a l  Us e  (C U )  of  Co m m e r c i a l   Pa r k i n g  on  th e  RM  si t e .  Th e  ho u s e s  we r e  de m o l i s h e d ,  an d  a the parking  lo t  an d  la n d s c a p i n g  th a t  cu r r e n t l y  su p p o r t s  th e  Wa t e r w a y  Café parking  lo t  an d  la n d s c a p i n g  th a t  cu r r e n t l y  su p p o r t s  th e  Wa t e r w a y  Café parking  ne e d s  we r e  co n s t r u c t e d .    Co m p a t i b i l i t y  wi t h  Su r r o u n d i n g  Area Co m p a t i b i l i t y  wi t h  Su r r o u n d i n g  Area Pa r c e l A c r e a g e N o r t h S o u t h E a s t W e s t Wa t e r w a y  1. 5 Co m m e r c i a l   80 ’  RO W   In t e r c o a s t a l 8 0 ’  ROW  y Ca f e 5 (W a t e r w a y   Ca f é ) Ca n a l / R e s i d e n t i a l   (P i r a t e s  Co v e )   Pa l m  Be a c h   Co u n t y Wa t e r w a y / Pa n a m a  Ha t t i e s (C o m m e r c i a l )   Pa l m  Be a c h   Canal/Reside ntial (Pirates Cove) Palm Beach  y Co u n t y County •It e m  wa s  se n t  to  In t e r g o v e r n m e n t a l  Pl a n  Am e n d m e n t  Review  Co m m i t t e e  (I P A R C )  an d  ha v e  re c e i v e d  no  co m m e n t s  to  date.  •No t i c e  re q u i r e m e n t s  me t •Ci t y  Co u n c i l  1st re a d i n g    Au g u s t  21 ,  20 0 8 Ci  Ci l   nd di  Sb     8 •Ci ty  Cou n c il  2nd re a di ng  Sep t e m ber  4,  20 0 8 •Ef f e c t i v e  da t e  31  da y s  af t e r  ad o p t i o n •Zo n i n g  Or d i n a n c e  to  be  in i t i a t e d  to  pr o v i d e  fo r  co n s i s t e n t   zo n i n g de s i gna t i o n  si n c e  al s o  Re s i d e n t i a l  Me d i u m .   g g • Ci t y  re c e i v e d  2 le t t e r s  of  su p p o r t  fr o m  ne i g h b o r i n g  pr o p e r t i e s    from the  • Ci t y  re c e i v e d  2 le t t e r s  of  su p p o r t  fr o m  ne i g h b o r i n g  pr o p e r t i e s    from the  ow n e r s  of  23 5 2  PG A  Bo u l e v a r d  (M a c G r e g o r Y a c h t s )  an d  th e  ow n e r s  of 2187 E.  Te a c h  Ro a d  ad j a c e n t  to  Wa t e r w a y  ac r o s s  ca n a l  (B a y s i d e  Mo r t g a g e ) . • Vi s i o n  Pl a n  de s i g n a t e s  th e  su b j e c t  si t e  as  Co m m e r c i a l . l d f f df f d d •Un n a t u r a l div i s i o n  of  a pr o p e r t y  of  2 diff er e n t  LU  des i g n a t i o n s  and Zoning  di s t r i c t s  cu r r e n t l y  un d e r  ow n e r s h i p  by  on e  en t i t y . •Pr o p o s e d  Am e n d m e n t  wi l l  he l p  br i n g  th e  ex i s t i n g  co n d i t i o n s  in t o   co n f o r m i t y .   • Th e  pr o p o s e d  am e n d m e n t  is  co n s i s t e n t  wi t h  Ch a p t e r  16 3 ,  Fl o r i d a  Statutes,  th e  St a t e  Co m p r e h e n s i v e  Pl a n  (i . e .  Ru l e  9J ‐5,  F. A . C ,  Ru l e  9J ‐11  F. A . C  and the  Ci t y  of  Pa l m  Be a c h  Ga r d e n s  Co m p r e h e n s i v e  Pl a n  an d  Co d e  of  Ordinances. • St a f f  re c o m m e n d s   ap p r o v a l  of  th e  pr o p o s e d  la n d ‐us e  am e n d m e n t  petition  CP M A ‐08 ‐06 ‐00 0 0 0 9.      Ll f Si Lev e l of Ser v ice Tr a f f i c  –D e M i n i m i s ( l e s s  th a n  1% ) .  Lo x  Sl o u g h   re m o v i n g  tr i p s  fr o m  ro a d  ap p r o x .  60 0 , 0 0 0  tr i p s .   Si  S   i   l   d b  SU A  N  San ita r y  Sew e r  –s ite s  cu r r e n t ly se r v e d by SU A . No  im p r o v e m e n t s  pr o p o s e d Po t a b l e  Wa t e r   si t e s  cu r r e n t l y  se r v e d  by  SU A  No  Po t a b l e  Wa t e r  – si t e s  cu r r e n t l y  se r v e d  by  SU A . No  im p r o v e m e n t s  pr o p o s e d Dr a i n a g e  – si t e s  ha v e  le g a l  po s i t i v e  ou t f a l l .  No   Dr a i n a g e   si t e s  ha v e  le g a l  po s i t i v e  ou t f a l l .  No   pr o p o s e d  ch a n g e s So l i d  Wa s t e  –n o  im p r o v e m e n t s  pr o p o s e d .   Ob j e c t i v e  1. 1 . 7 . : Th e  Ci t y  sh a l l  ma i n t a i n  la n d   de v e l o p m e n t  re g u l a t i o n s  co n t a i n i n g  st a n d a r d s  and  ii   hi h     h   li i i     pr o v ision s  whi ch en c o u r a g e  the eli mina t ion  or  re d u c t i o n  or  us e s  in c o n s i s t e n t  wi t h  th e  Ci t y ’ s   ch a r a c t e r  an d  fu t u r e  la n d  us e s   ch a r a c t e r  an d  fu t u r e  la n d  us e s .  COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the ccComments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. 1 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: &rzo L fA c l$.RPUl K Address: 7l.F wo5od Bflq DR ~ 1 33v/0 Subject: 0 RD & 2 OdS. OQP (7, / City: 1 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. r f c "3 I I I I I I I I I I. I I I , .c . -.7 I I I 1. I. I * .- I I * f I I I "I I I I' I I I