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Minutes 08-16-04MINUTES OF THE JOINT WORKSHOP MEETING OF THE CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY HELD IN THE LIBRARY PROGRAM ROOM, 208 S. SEACREST BLVD., BOYNTON BEACH, FLORIDA, ON MONDAY, AUGUST 16, 2004 AT 6:30 P.M. Present for City Commission: Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner (arrived at 6:45 p.m). Present for CRA: Jeanne Heavilin, Chair Alexander DeMarco Don Fenton Marie Horenburger Absent: James Barretta Steve Myott Henderson Tillman, Vice Chair I. Call to Order Mayor Taylor called the workshop to order at 6:36 p.m. 2. Update of the Comprehensive Plan Mr. Bressner explained that they would be reviewing the elements of the Comprehensive Plan that was originally adopted in November 1989. Since that time, there have been many revisions and amendments to the Plan. Mr. Bressner requested that if the Commission had any specific questions regarding specific policies they should apprise staff of those issues in order to determine if additional research would be ' required. There have been many changes to the Plan that have made many of the old policies obsolete or superseded. Mr. Bressner introduced Dick Hudson, Senior Planner, who would be presenting this item. Mr. Hudson explained that he would be addressing the Evaluation and Appraisal Report that was included in the handout. Every seven years the State requires all local governments to review their Comprehensive Plan, which is called the Evaluation and Appraisal Report. The last update was done in 1996. At that time every government in the State had similar reports. However, things have changed and today local jurisdictions can now address issues that would affect their own community's ability to attain their long-range goals for growth management. An assessment of each element has to be done to some degree, but not as involved as previously done. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Therefore, each municipality is allowed to come up with their own issues that they want to deal with. Mr. Hudson referred to the timeline contained in the Guide that indicates once the issues are identified and adopted by the Commission, those issues would become the focus of the Evaluation Review that must be completed by November 1, 2005. The first step in accomplishing this is to identify the issues by November 1, 2004 and to send them DCA for their review. The definition of an "issue" is contained in the Guide. It is usually a very narrow matter of concern to the existing and future growth and development of the local community. For example "transportation" could be an issue. Mr. Hudson pointed out that Palm Beach County is ahead of Boynton Beach. He distributed the County's Major EAR issues, a copy of which is on file in the City Clerk's Office. Mr. Hudson pointed out that they have met with City staff, the Planning and Development Board and the Community Development Board to discuss issues. Commissioner McCray inquired whom the members of City staff were that assisted. It was pointed that staff members from Public Works, Recreation and Parks, Engineering and Public Utilities assisted. Some of the issues brought up were land use conflicts, incompatibilities, greenways connectivity, and where to find the funds to purchase the land for those issues. Also brought up were water, infrastructure costs and timing. Mr. Hudson pointed out that the State has mandated that every local government have a water resources plan that must be adopted. Another issue was the transportation impact upon neighborhoods, as well as alternative modes of transportation. Mr. Hudson mentioned several other issues that were raised. When the Evaluation and Appraisal Report is completed, the City has 18 months to begin work on the rewrite. There are levels of service in the Plan and these same levels of service are repeated in the capital improvements element of the Plan, as well as in the recreation portion of the plan. By law, the capital improvements element of the Plan is supposed to be updated annually and this was not done in the past. However, the City has since adopted a five-year capital improvement Plan and this will now be updated accordingly. Mr. Hudson pointed out that the capital improvements element is the only amendment that is an exception to the twice-year restriction. Mr. Hudson inquired if any Commissioner had any issues they would like to address. Commissioner McCray inquired about the timeline that the first report was due in November 2005 and then it take another 18 months to begin the rewrite of the Plan. Mr. Hudson explained that the issues must be identified and analyzed by November 2005. At that time, the report would be transmitted to DCA and other reviewing agencies. DCA would then have 60 days (January 2006) to submit their comments and state whether or not they find the report to be sufficient. Commissioner McCray inquired when something would be coming to the Commission for adoption. Mr. Hudson stated that the Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Commission would adopt the Evaluation and Appraisal Report in November 2005 (or sooner). The proposed plan amendments based upon Evaluation and Appraisal Report would be submitted in February 2007. Commissioner Ensler requested that he be furnished information regarding certain policies in the Plan as follows: · On Page 1-11 (Policy #1.11.12) it mentions, "preservation of 25% of all "A", "B" and "C" rated sites of 10 acres or more. Commissioner Ensler would like this clarified and whether it relates to any resolutions or ordinances that the Commission has passed. On Page 1-21, under "Industrial" there has been discussion whether the City should add another industrial zoning level to allow heavy industrial and light industrial. Commissioner Ensler feels that this presents an issue with the City's current zoning. · Page 1-26 (Policy 1.19.8.a) mentions schools and what schools get built. He questioned why this would be in the Plan when the City has no control over it. Mr. Bressner explained that this is an example of something that conflicts with the school concurrency regulations that were promulgated in 2001. This language will be eliminated in the rewrite and reference will be made to the school concurrency regulations. · Page 3-1 (Policy 3A.1.2) mentions the City's wastewater master plan that must be renegotiated every five years, and he would like to know the status of this. · On Page 3-11 (Policy 3E.2.1), the "bi-weekly" residential collection should be "semi-weekly." Page 5-2 mentions the various types of recreation facilities that the City is required to have. Commissioner Ensler would like to know the background of this requirement. Mr. Hudson responded that they are suggested standards and are advisory. This is one of the reasons that the City is updating the Recreation and Open Space Element to see what standards would apply. The State does not care what the standards are, as long as they are reasonable standards. Commissioner Ensler inquired if school and county facilities could also apply. Mr. Hudson stated that they would count as long as the facilities are available to the citizens. · Page 5-3 (Policy #5.3.1) deals with recreation areas and Commissioner Ensler felt that this needs to be looked at. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Page 5-3 (Policy #5.3.4) mentions the Klatt Property. Mr. Hudson responded that this was addressed in the staff report. Since the City has now adopted an impact fee, it would be eliminated. Page 9-10 states "The City of Boynton Beach shall maintain a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits." This needs clarification. Mr. Hudson pointed out that these items may no longer apply, since they were adopted by prior administrations and could be eliminated. · Page 9-13 needs clarification. Mr. Bressner stated that a definition of an "exemption project" must be determined. Mr. Bressner noted that on Page 3-7, Objective 3C.1 reads "Adequate Water Supply and Treatment. The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum daily flow." Mr. Bressner stated that this figure needs verification. Mr. Bressner felt that there were a lot of policies that could be eliminated from the Plan or are no longer required. He inquired when the issues would be brought to the Commission. Mr. Hudson stated that the first draft of issues was due in November of this year. He explained that they are not working on the Comprehensive Plan at this time, but are defining the issues in order to come up with an Evaluation and Appraisal Report. Mr. Bressner commented that Palm Beach County only had five issues. Mr. Hudson referred to Page 11-14 of the handbook that contained subject matter for local issues. Mayor Taylor inquired if dealing with a larger CRA area and the creation of SMU zoning districts could be labeled as local issues. Mr. Hudson responded that the original Plan mentioned mixed use, but there was not much discussion at that time. Mr. Bressner inquired if the CRA or the Planning and Development Board brought any issues up and Mr. Hudson stated that a couple of issues were brought up and will be coming back. Mr. Hudson concluded his report. 3. Town Center Project located in the southeastern quadrant of the intersection of Boynton Beach Boulevard & Seacrest Boulevard Mr. Bressner stated that they would be reporting on the results of the conceptual overview project that was commissioned by the Commission and the CRA. Mr. Bressner introduced Corey O'Gorman and Angela Budano who would be making a PowerPoint Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 presentation of the Implementation Plan, a copy of which is on file in the City Clerk's Office. The Town Square Project has been identified as part of the City's 2004 strategic initiatives that was approved by the Commission on June 15th. At that time, the Commission designated Vice Mayor Ferguson and Mr. Bressner to serve on a team that included two additional members from the CRA. The CRA designated Board member, Don Fenton, and Executive Director, Doug Hutchinson, as their representatives on the team. As a team, they selected Corey O'Gorman and Angela Budano as consultants to assist them with the Implementation Plan. Commissioner McCray inquired what company the consultants represented and Mr. Bressner noted that they were independent consultants. The area studied was the area on the north bounded by Boynton Beach Boulevard, south to SE 2nd Avenue, which in reality is from City Hall to the Library. The area is approximately 1,800' long and 750' wide and comprises 31 acres. In this area there are 11 governmental buildings including City Hall; the High School; Children's Museum; Civic Center; the Library; Art Center; Madsen Center; Police Department; and the Fire Department. During the study some assumptions were made as follows: The Library would be expanded in accordance with the approved plan. The Art Center would continue as a structure and perhaps be expanded; however, the functions are not yet determined. The Children's Museum would continue to operate in the Schoolhouse Museum. City Hall would remain at its present location. Eventually, the Police Department would move to property owned by the City on High Ridge Road near Gateway Boulevard where the City has purchased 10 acres to build a Police and Fire Complex. It is assumed that Fire Department presence would be maintained in this area due to growth in the downtown area. Originally, it was determined that the only fire operation that would be housed at this location would be an advanced life support engine. However, it has now been decided that the sub-station would be reactivated to a full service operation. Mayor Taylor inquired if the fire station remained a full fire station would this now mean that Boynton Beach would have five full fire stations, and Mr. Bressner confirmed that this was correct. Mr. Bressner pointed out that when the fire assessment was originally enacted, there were no known redevelopment activities in the downtown, except for the marina. It is projected that the population in the downtown area would increase to approximately 3,400 to 3,700 people. This fire station also serves Ocean Ridge. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Mayor Taylor noted that this would not free up any extra space in this area of the City Hall Complex. Mr. Bressner explained that the Police Department occupies 1,700 square feet and fire administration area occupies 3,000 square feet. This space will become available for other uses. Mr. Bressner noted that the fire station does not have to remain at this location and could be moved to another area within the downtown. For now, however, it will remain as presented. Commissioner Ensler inquired if the station could move to Ocean Ridge. Mr. Bressner explained that the Interlocal Agreement with Ocean Ridge calls for the possibility of the fire station to be relocated to Ocean Ridge, provided that the Town pays for it. Commissioner McCray inquired if it has been determined how the 20,000 square feet of freed-up space would be utilized. Mr. Bressner noted that the ~pace may not be used for expansion, but it could be used as a reorientation of space. This will be further looked at during the reconfiguration of City Hall. He felt that the space available for City Hall services were suitable. It has not been determined what departments would be moved into this space. Mr. DeMarco thought that the Code Compliance Division could be moved over since they are currently located in a mobile office. Mr. Bressner acknowledged that Code Compliance should be brought back to City Hall. He felt that it would be feasible to have the Code Compliance offices near the Development Department since they work closely with the divisions within that Department. ~> It was assumed that the Old High School would remain. To date, the commitment of the City Commission to the Old High School is to stabilize the building in order to determine what needs to be done to make it safe for contractors to enter the building to determine the cost to refurbish the building. Currently, $200,000 has been allocated for this. There are estimates for refurbishing the Old High School between $3 million and $5 million. Mr. DeMarco inquired about the status of the group of individuals that had come forward earlier that indicated they would support the refurbishing of the High School. Mr. Bressner noted that eight months ago the Children's Museum Board sent a letter to the City indicating that they would like to partner with the City on this project. That Board will be making a presentation later during the meeting. Commissioner McCray inquired if the current parking garage would remain. Mr. Bressner felt it would remain a parking area for City employees and perhaps customers. Ms. Budano next gave a PowerPoint presentation of their vision of how Town Square could be utilized; how it could look; and how they arrived at their recommendations. Ms. Budano stressed that their presentation was conceptual and is a summary of data that they collected from other regions throughout the country. Ms. Budano first compared Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Boynton Beach to San Marcos, California that is similar to Boynton Beach in size and population. Slides of prominent locations and buildings in San Marcos were viewed and discussed and how these ideas could be implemented into the Town Square area. The consistency in San Marcos of the architecture, colors and signage utilized throughout that City were displayed and discussed. The Art Museum in Milwaukee, Wisconsin was displayed. Ms. Budano thought that the Art Museum's location on the water would be comparable to locating the Savage Creatures of the Ancient Seas Museum that the CRA is considering undertaking. Their report also discussed introducing art in public places and examples of art in other cities were displayed. Ms. Budano thought that many of the ideas that were shown could also be incorporated in Boynton Beach. Mr. O'Gorman explained that many concepts shown tonight already exist in Town Square. They have prepared two drawings. One is a snapshot of the area in 2005 and shows what the Town Square area could look like with the expansion of the Library. The second drawing includes the expansion of the Library and introduces other elements that have been discussed during previous planning efforts, such as the Visions 20/20 Plan and the Ocean District Plan. The planning efforts that were been discussed earlier were incorporated into an action plan and implementation strategy. The purpose of their study was to come up with a strategy that could be implemented for redevelopment of the Town Square area. Mr. O'Gorman explained how they arrived at the master plan and strategy being presented. This was done by collecting myriads of information. They regularly met with the team to make sure they were addressing things that needed to be addressed. They interviewed stakeholders; distributed and analyzed a questionnaire; and met with various representatives of the Town Square that included the City, CRA, the Library, Children's Museum and the Recreation and Parks Department. After analyzing all the information gathered, they concluded that there is nothing that would make the project insurmountable in order to create a successful Town Square. The Town Square currently functions well, but there is no series of unified elements of design to pull the Square together. Mr. O'Gorman felt that the current Town Square serves a great many people in the community and is an area where people gather and socialize and conduct business in the City. What needs to happen now is to implement some of the recommendations and designs of previous efforts in order to enhance the function of the area. If the City decides to move forward with the Savage Creatures Museum, the plan would have to be adjusted accordingly. Recommendations to implement the plan are threefold: organizational, physical improvements, and regulatory considerations. Mr. O'Gorman noted that in order to bring the plan to fruition, it is necessary to have the right mechanisms in place for implementation. This is discussed in depth in the report. Also, it is important to have the right partnership structure. They are recommending having an ad hoc committee to create ownership in the plan. This is paramount in moving a project forward. Also, Mr. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 O'Gorman felt that it was important to have a lead person who would be responsible for implementation and they are recommending the City Manager. They are also recommending hiring a project manager that would work directly with the City Manager and the ad hoc committee. The project manager would be the liaison with designers and contractors. It appears that it might take up to seven years to get the project entirely built. They are recommending that at certain stages the designs would be brought to the community for their input. Physical Improvements would involve the location of the Savage Creatures Museum and whether it should be located in Town Square or on the waterfront. Secondly, the recommendations for the Old High School need to be implemented. The infrastructure needs to be evaluated to determine whether it could support the project. Another issue that must be dealt with is parking. The plans include surface parking and possible structure parking that would include shared parking throughout the entire area. At some point the master plan needs to be refined. Mr. O'Gorman presented a version of a master plan that has incorporated elements from other planning effods in the City. The next stage would be schematic design to refine the plan, identify other issues that may surface, and make sure that the plan could ultimately be completed. Mr. O'Gorman noted that there is not sufficient funding to build the entire project. However, funding should be phased over time, and they are recommending formulating a financing strategy for the project over a period of time. They have also made recommendations for land use and zoning. Consideration should be given to establishing some type of regulatory agency, such as a Planned Development District. Mr. O'Gorman pointed out that the Visions 20/20 Plan and the Ocean District Plan were adopted by Ordinance and there were some inconsistencies in relationship to the plans that were included in the master plans for the Town Square. He felt that this should be investigated. Also included in the report is (1) a conceptual budget based upon the City's capital improvement's update and using some of their experience that they had with other planning; (2) a project schedule that is a two-phased schedule; and (3) looking at the project from the "big picture perspective" over the next several years through completion. Mr. O'Gorman concluded his report and asked for questions. Commissioner McCray thanked Ms. Budano and Mr. O'Gorman for their report. Commissioner McCray inquired how they would handle unwanted people that would spend the night in the area. Commissioner McCray asked what the City was doing for the teens that live in the City and if the plans included a teen center. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Mr. Bressner said that there may be a need for a police sub-station in the downtown area. He was not certain if the Town Center was the appropriate place for teen activities. Mr. Bressner noted that the Advisory Board on Children and Youth has identified the lack of a teen center as a need in the City. Commissioner McCray noted that the students and youth feel left out. The City provides for the very young and the seniors, but nothing is done for the teens that hang out at the Library and the Mall. The teens are the future of the City and the issue needs to be addressed. Mr. Bressner noted that there were significant activities in the strategic plan that was approved by the Commission that involved educational initiatives, intergenerational and youth related activities. Mr. Bressner pointed out that future buildings should be multi-use in order to accommodate a large range of programs that would include the teens. Ms. Budano said that there was a lot of discussion involving teens, but their mission was strategic planning and conceptual. There have also been discussions with representatives of the Schoolhouse Museum to implement programs for teens. Mr. Fenton noted that on page 1 of the Project Overview it states, "the CRA has proposed modifying the scope of the Town Square". He did not recall that the CRA approved adding a museum. Also, he does not recall that the Town Square was selected as the preferred location. The CRA voted to have the museum on the waterfront and Mr. Fenton has a problem with this interpretation. Mr. Fenton also referred to Page 12 of the Overview. It refers to the Old High School Task Force Report and there is no mention of who would pay for the operational costs of the museum that are approximately $500,000 per year. On Page 13, there is a paragraph that states that the offices of the CRA would move into the Old High School. He pointed out that the CRA recently authorized spending funds on a proposed location for the CRA offices. Page 15 also mentions that the Savage Creatures Museum preferred location would be Town Square. This was selected in order to avoid becoming involved in regulatory hurdles associated with the Intracoastal Waterway. Mr. Fenton stated that this was not the case. The same conclusion is again mentioned on Page 25, which is not correct. With regard to the proposed budget, Mr. Fenton did not know where the funds would come from. In one drawing the Park Lane Condominiums appear and in another drawing, they are gone. Mr. Fenton also questioned where the money would come from to purchase this property. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Mr. Bressner noted that at one time moving the CRA into the Old High School was included in earlier studies. He acknowledged that the CRA is moving forward with its plans for new offices. Regarding the Savage Creatures Museum being located in Town Square, Mr. Bressner stated that the consultant used this site as an alternative site for analysis. Mr. Bressner felt that the venue of the Museum was very important and that it should be on the water. Mr. Bressner pointed out that if the community does not get behind the Savage Creatures Museum project, it would not work. Currently it is a CRA initiative and some interest in the community has been expressed. Mr. Bressner noted that in the preliminary report there was only a $5 million difference in locating the Museum on the water as opposed to Town Square. With regard to the Park Lane Condominiums, Mr. Bressner felt that in order for the Town Square project to move forward, the Park Lane Condominiums should be acquired and razed. There is money included in the budget to acquire this property. Mr. Bressner stressed that tonight's presentation was conceptual. Commissioner Ensler felt that the Savage Creatures Museum should be on the water. He inquired if the CRA has officially endorsed the project without commitment of funds. Mr. Hutchinson, CRA Director, responded that the final feasibility report should be ready by Friday and a presentation would be made to the CRA Board. Commissioner Ensler felt that the CRA should approve some kind of concept and bring it to the Commission for endorsement. Commissioner Ensler would like the CRA to move forward in making this a conceptual program. Mr. Hutchinson responded that it was the intent of the CRA to do this. Commissioner Ensler inquired if the Town Square would be a place where people in the City come to or would it be a destination place for people who reside outside the City as well. Commissioner Ensler felt that this needed to be determined before they proceed further. Mr. Bressner would prefer Town Square to be used by the residents and other activities would be secondary. Mayor Taylor felt that Town Square should belong to the residents that live in Boynton Beach. He did not see the feasibility of Town Square being a destination point. He was in favor of the concept for the Civic Center that included a stage and a band shell. Mayor Taylor commended the presenters on doing a wonderful job in bringing all these ideas together. He also would like to see a water feature added to the project, as well as shade areas with benches. Ms. Heavilin noted that the Children's Museum is already a destination point. She recommended that more attention be given to Ocean Avenue to make it a promenade to connect with the downtown and the marina area. Mr. Bressner responded that this aspect of the project was eliminated in 2001, since it was not known how the buildings would interact with each other. l0 Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Commissioner Ensler inquired if some of the surface area in the Town Square would be removed and replaced with other functions. Mr. Bressner stated that it is intended to use some of this surface area for greenspace. Mr. O'Gorman stated that one or two parking garages could be introduced to eliminate all surface parking. Commissioner Ensler inquired about the uses for the Old High School and the Art Center. He noted that there were discussions that the Old High School would become the Art Center. In this event, what would be the outcome for the current Art Center? Commissioner Ensler stated that this did not have to be answered tonight With regard to the Project Manager, Commissioner McCray inquired where the funds would come from. Mr. Bressner stated that money for the Project Manager is included in the proposed budget that was included with the strategic initiatives. Commissioner McCray inquired when the Project Manager would be coming onboard. Mr. Bressner stated not until after October 1, 2004. Commissioner McCray inquired if there would be enough work for the Project Manager at that time. Mr. Bressner agreed with Commissioner McCray and noted that this needed to be looked at further before a Project Manager is hired. Commissioner Ensler stated that on Page 20 of the report it noted that the Art Center was underutilized in the evening and this is something that could be looked into. Arleen Dennison, Executive Director of the Schoolhouse Children's Museum and Head of Special Services for the Boynton Beach City Library introduced herself. Ms. Dennison noted that several members from the Boynton Cultural Center Board were present and introduced them to the Commission and CRA Board. Ms. Dennison pointed out that the Schoolhouse Museum is a destination location as well as a centerpiece for the community. Ms. Dennison introduced Dee Mueller, Vice President of the Boynton Cultural Center, who would be giving a PowerPoint presentation that included the Old High School and the Children's Schoolhouse Museum, a copy of which is on file in the City Clerk's Office. Slides of the restoration of the Children's Schoolhouse Museum that began in 1996 were displayed and viewed. Ms. Mueller noted that the Museum has become a means to teach history and a destination location. South Florida Parenting Magazine voted the Schoolhouse Museum as the best museum in South Florida for the past two years. Originally it was anticipated that the Schoolhouse Museum would attract around 17,000 visitors each year. However, each year the Museum has attracted 34,000 visitors and in two and one-half years of operation 92,000 visitors have come to the museum. While the Schoolhouse Museum meets the needs of younger children, there is very little opportunity for children ages 9 through 12. They have identified uses for the Old High School that at the same time would attract visitors to the Town Square. Ms. Mueller presented slides of various children's museums throughout the United States. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 The Boynton Cultural Center Board would like permission to proceed to plan, design, and fundraise for the Old High School. They asked that the City grant them the go ahead to complete the mission. They want to expand the vision for children and their families so that the downtown area would continue to thrive and prosper. Mr. Bressner noted that eight months ago Ms. Hillary Lynch sent a letter to the Commission informing the Commission that the Boynton Cultural Center Board is interested in the Old High School. The Board is interested in talking with the Commission since it would fit into the overall plan that has been outlined tonight. The Boynton Cultural Center Board would be the ideal entity to coordinate activities in this area. Mr. Bressner noted that eight sets of recommendations were made in the Report. One was "to establish organizational framework to implement and coordinate the plan." The report recommends that the City Manager be responsible for this and Mr. Bressner was more than agreeable to taking on this task. Secondly, the coordination of the feasibility of the Savage Creatures Museum needs to be addressed. If this project goes on line, it would become a community project since it would be located on the water. The infrastructure needs to be confirmed. The quantity, location and timing of the parking that would serve the facilities need to be evaluated. Design criteria and the streetscape on Ocean Avenue must be evaluated and ascertained for improvements. Coordinating zoning and land use issues for the cohesive development of the area must be explored. A public participation program must be established and the Utilities Department has one that could be incorporated for this program. When the project reaches 30% of the design, the residents and stakeholders would be contacted for their opinions. Lastly, the cost estimates and financial models need to be refined to put the plan into something three-dimensional. With regard to bringing a Project Manager on board, Mr. Bressner would recommend doing this on a consulting basis and the details need to be worked out. Commissioner McCray was concerned whether Mr. Bressner would have enough time to devote to this project as recommended in the report, since the City is involved in a great many projects. Mr. Bressner noted that some of the projects would be delegated to other staff members, which has been successfully done in the past. Mayor Taylor inquired if the Boynton Cultural Center Board was requesting that the Old High School be turned over to them and they would handle the entire project that would include fundraising. Ms. Mueller stated that this would be done in partnership with the CRA. Mayor Taylor also inquired if their concept was that the entire building would be for museum use. Mr. Bressner stated that there has been no final decision on the use of the building. Mayor Taylor noted that the City Commission needs to make a decision on whether the Old High School would remain. This is a key element to proceeding with the Town Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 Square Project. Mr. Fenton inquired where the financing would come from and this needs to be determined. Ms. Mueller stated that they would like to have an opportunity to plan and design what could be done with the building. In order to go out for grants and funding, they need to have permission. Mr. Hutchinson noted that grants of over $2 million have been identified, but they cannot be pursued until permission is given. Commissioner McCray pointed out that this same scenario took place by another group of people. Nothing has been done to date. Mr. Fenton recommended giving the Boynton Cultural Center Board some time to come up with a plan. Since there is clear direction on how to proceed, Commissioner McKoy felt that now is a good time to give this project to this group. Mayor Taylor requested that the item be placed on the Commission agenda to decide whether the Old High School will remain or be torn down. Mr. Bressner felt the timing was good because the contractor was working on the building and staff will have a good idea of the condition of the building. 4. Public Audience Mr. Brian Edwards stated that the Boynton Cultural Center Board has been mum on the subject for a long time due to lawsuits and public opinion. They have been waiting for an opportunity to have someone give the project to their Board and move with it. He pointed out that they have the credibility and credentials to get it done. Mr. Edwards requested that their Board be given permission to go with the project. Shirley Jaskiewicz felt that the revitalization of the downtown area depended greatly on the development of Town Square. She would like to see the Old High School restored and thought it could become an integral part of the City. Ms. Jaskiewicz is in total support of refurbishing the Old High School, but noted that a use for the building needs to be established. Glen Jorgenson, Chair Elect of the Chamber of Commerce, pointed out that they are trying to build a business base in the City and the Town Center would be a great addition to the City that would assist them in their endeavors. He felt that the redevelopment in the downtown would have a positive impact on the City. Meeting Minutes Joint City Commission-Community Redevelopment Workshop Boynton Beach, Florida August 16, 2004 5. Adjournment There being no further business, the meeting properly adjourned at 9:15 p.m. City of Boynton Beach Attest: Recording Secreta~ C~mmissi~" : :-'~-"~:~' .... ~ ' (August 17, 2004) ]4 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org NOTICE OF jOINT CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY WORKSHOP MONDAY, AUGUST 16, 2004 AT 6:30 P.M. LIBRARY PROGRAM ROOM 208 So. Seacrest Blvd., Boynton Beach, FL In accordance with Section 22 of the City Charter of the City of Boynton Beach, you are hereby notified of a Joint City Commission/Community Redevelopment Agency Meeting on Monday, August 16, 2004 at 6:30 p.m. in the Library Program Room for the purpose of discussing: Update of the Comprehensive Plan; and Town Center Project located in the southeastern quadrant of the intersection of Boynton Beach Boulevard & Seacrest Boulevard Jer,' /'Taylorz/M~yo NOT[CE IF A PERSON DEC'DE5 TO APPEAL ANY DECISION MADE BY THE QTY COMMISSION W[T'H RESPECT TO ANY HA'ri'ER CONSIDERED AT THIS MEETZNG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSE/ HE/SHE NAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.5. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city, please contact joyce costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request, 8/9/2004 3:59 PM S:\CC\WP\SPECLAL MEETINGS\City Comm· and CRA Meeting - Section 22 - Comp Plan Update & Town Center Project - 8-16-04.doc America's Gateway to the Gulfstream DEPARTMENT OF DEVELOPMENT Planning & Zoning Division Memorandum No. PZ 04-192 TO: FROM: DATE: RE: Mayor and City Commission Dick Hud~-~nior Planner August 9, 2004 August 16, 2004 EAR Workshop Every seven years, the State requires that each local government complete a review of its Comprehensive Plan. The process is called the Evaluation and Appraisal Report or EAR. Many of you may recall our last EAR, which was completed in 1996. The EAR process was streamlined and simplified by legislation in 1998 and 2002. The first step of the new EAR process is to identify the main growth management issues affecting the community at the time of the EAR. Once the issues are identified and formally accepted by the City Commission and State agencies, those issues will become the focus of the EAR review, which will be performed in subsequent steps, and must be completed by November 1, 2005. A set of draft issues are being prepared by City staff incorporating some of the major topics of discussion related to growth management issues by the City Commission, the Planning and Development Board and the Community Redevelopment Agency Board. These are being refined, through a series of public workshops. Staff held "issues" workshops with the CRA on .lune 17, 2004 and with the Planning and Development Board on .lune 30, 2004. A draft "Letter of Understanding" of the City's EAR and its main issues will be prepared for the Florida Department of Community Affairs (DCA). This letter will facilitate and expedite subsequent State review of the EAR. This first step of issue identification needs to be completed by November 1, 2004, per Flodda Statutes. The first two sections of the "Guide to Preparing an Evaluation and Appraisal Report'; published by the Department of Community Affairs, is included. The guide gives a good overview of the EAR process, including the timeline for the City's EAR (page [-11). It also provides a very good definition of the term "issue" (page [-5), as used in association with this process. Lastly, a copy of the City of Boynton Beach Comprehensive Plan, including all text amendments adopted through April 20, 2004, is provided, for informational purposes. The workshop will focus on matters of concern to you and the City relating to existing and future growth and development, rather than objectives and policies in the existing Comprehensive Plan. S:~Planning\HUDSON~EAR Il\Commission Memo.dot PALM BEACH COUNTY EAR 2003-2006 MAJOR EAR ISSUES ISSUE # 1 FUTURE POPULATION GROWTH AND THE MANAGED GROWTH TIER SYSTEM AGENCY IDENTIFYING Planning ~~ THE ISSUE MAJOR ISSUE Yes ISSUE FRAMEWORK In 1999, Palm Beach County adopted the Managed Growth Tier System, which is intended to guide the location, type, intensity and form of various types of development patterns consistent with the characteristics of each Tier. This system was adopted with the purpose of ensuring the development and maintenance of sustainable communities by applying smart growth practices that protect the County's natural resources; prevent urban sprawl so that land, facilities and services are used most efficientiy; and, provide for the appropriate distribution and arrangement of land uses. The Tier System established that the bulk of the population growth would occur within the Urban/Suburban Tier. Over the next 10-15 years it is anticipated that the remaining vacant land within this tier will become depleted through development activities. Some of the altematives available to address this situation are: · Encourage the concentration of population growth in the Urban/Suburban Tier and within the cities by promoting redevelopment, revitalization and infill development where appropriate, which allows for increased residential densities and more efficient development patterns consistent with the goals of the Managed Growth Tier System; and/or · Consider whether the Urban/Suburban Tier and the Urban Service Area Boundary (with increased densities and efficient land use pat/ems) could be modified or updated. Effectiveness of the Tier System Prepare an assessment of the Tier System including a review of the Tier boundaries, considering the separation of the Glades Tier into the Urban Glades Tier and the Everglades Tier (the EAA & conservation areas), the possible creation of a Conservation Tier, and the review and update of the Revitalization and Redevelopment OveHay, including the possible conversion of this overlay into a new Tier. Evaluate the implementation of the Tier System by County agencies. Explore the use of Alternative Development Patterns Study potential for increasing residential densities within the Urban/Suburban Tier and promotion of mixed-use and infill development within the Urban/Suburban Tier to continue the concentration of population growth Within its boundaries. Assess Impacts on the provision of services The selection of development and growth management alternatives Will have an impact on the availability of land for the location of services (schools, parks, etc.); and will also have and impact on water supply, transportation and other services for the projected growth. · The impact of more intense development within the Urban Service Area Boundary could be mitigated with the uss of altemative development patterns to reduce impacts on traffic, collocate services with developments, etc. Page 1 of 10 COMMENTS The first step of the new EAR process is to identify the main ,qrowth mana,qement is~ues affecting the community at the time of the EAR. Once the issues are identified and formally accepted by the BCC and State agencies, those issues will become the focus of the EAR review. This draft set of issues have been prepared by Planning Staff incorporating some of the major topics of discussion by the BCC, the LUAB, County staff and other forums during the last year. This draft document is being cimulatsd through diverse public forums and groups to gather additional input and comments. They include a forum of agencies implementing policies in the Comprehensive Plan, a Workshop with the LUAB, an informal scoping meeting with State agencies and adjacent local governments, a Workshop of the BCC, and a final formal Scoping meeting. This process needs to be completed before October 1,2003, per Flodda statutes. A first forum wes conducted with participation of representatives of 26 entities, which implement Comprehensive Plan policies. A public workshop of the Land Use Advisory Board (LUAB) addressing these issues wes also held. Input received from these forums is presented below. 1. Input & Comments received at Forum with Implementing Agencies held on May 16, 2003 There is need to address the location of employment centers as part of the analysis of future population projections and the tier system, mostly for the analysis of potential future development areas, including the Sector Plan area. Designation of potential employment centers need to have a higher priority in the EAR review. (Such as business parks, industrial parks, etc.) This could be an important issue to be raised during the EAR process. Staff Recommendation: Incorporate in the analysis of this issue, as part of the assessment of the Tier System policies, and the Sector Plan. Also, address as part of the EAR review of the Economic Element. The acquisition or purchase of land for the provision of essential services has been made difficult because of the current scarcity of land in the County. Agencies providing infrastructure such as Solid Waste Management, schools, fire rescue stations and parks have been forced to buy and demolish existing properties or use eminent domain more often, in order to assemble properties with sufficient size to locate and build their facilities and services. Staff Recommendation: Address with the basic data & analysis EAR requirements. Population growth is having an impact on the use of existing facilities or recreation locations such as ocean, lakes and canals. This tend to make these locations more crowed, and increase the need for additional improvements like boat ramps, more policing and enforcement of speed laws for Weter bodies. Staff Recommendation: Address with basic data & analysis EAR requirements and with the review of the Recreation and Open space Element. · Some recreation activities are in danger of being forced out. (Swamp buggies, hunting, etc.). Staff Recommendation: Address with the review of the Recreation and Open space Element. The use of restoration and water management facilities for recreation purposes and public access on a limited basis, when possible is encouraged. Staff Recommendation: Address with the EAR review of the Recreation and Open Space and the Conservation elements. Long-range population projections and allocations should be revisited every 5-10 years, as proposed by the SFVVMD and the Army Corps. Staff Recommendation: Incorporate in the analysis of this issue. Also, address with the basic data & analysis EAR requirements, which include population projections. 2. Input & Comments received at LUAB Workshop held on June 13, 2003. Regarding staffs suggested alternative of considering revisiting the Glades Tier with the possibility of creating a Glades Urban Tier and an Everglades Tier, board members indicated that it needs to be done with a comprehensive approach, and that it would be beneficial for the Glades communities to have a Glades Urban Tier separated from the Everglades Tier in order to tailor policies specific for each area. Also, that the social fabric of the Glades communities should be maintained. Staff Recommendation: Incorporate in the analysis of the Effectiveness of the Tier System. Page 2 of 10 PALM BEACH COUNTY EAR 2003-2006 MAJOR EAR ISSUES ISSUE # 2 ASSESS THE EFFECTIVENESS OF INFILL DEVELOPMENT AND REDEVELOPMENT POLICIES IN THE PLAN AGENCY IDENTIFYING Planning ~ THE ISSUE MAJOR ISSUE Yes ISSUE FRAMEWORK Infill development and redevelopment can help promote several of the goals and development obJectives contained in the Comprehensive Plan and the Tier System. Inflll projects can provide housing opportunities to accommodate projected grow~, encourage community revitaliza~on, and help reduce urban sprawl. While the Comprehensive Plan and ULDC include language that supports infill development and redevelopment, there is no comprehensive framework or countywide strategy in place to promote quality infill development or to establish priorities and programs that promote targeted infill development and redevelopment. Obstacles to infill and redevelopment include site and area constraints, the lack of adequate infrastructure and cost to provide, upgrade or improve existing infrastructure, the time and costs associated with processing infill proJects, excessive regulatory requirements, and community opposition to infill projects. Altematives to address this issue Include: · Factors which will promote infill include removing regulatory obstacles, creating more flexible development standards, providing improvements to infrastructure, reducing or waiving development fees, establishing differential /tiered impact fees, providing public financial assistance and engaging community t~ address concerns in order to gain greater acceptance and support for infill development. · Review Plan's policies in order to provide the basis for a coordinated effort. Infill and redevelopment are mentioned or addressed in different elements and policies in the Comprehensive Plan but are not cohesive. They include: neighborhood plans, infill study, redevelopment and revitalization overlay within the Tier system, the Countywide Community Revitalization Team (CCRT) initiatives and scatl~red provisions in other elements of the Plan. · Develop specific strategies to remove and/or help address the existing obstacles to inflll before urban redevelopment and reversal of blight can be achieved on a meaningful scale. · Assess the impact on existing infrastructure and transportation systems when developing and implementing mixed-use projects in dries and older areas of the County. · Consider increasing densities, intensities and building heights in infill redevelopment areas, along with major capital improvements to promote investment on areas targeted for infill and redevelopment. · Many infill areas are located within municipalities. Therefore, working with municipalities through interlocal agreements and other joint activities will be needed to make this effort more effective · Consider strategies to allow renters to become homeowners or to stay in the area in order to avoid displacement and to maintain and improve the social fabric of existing neighborhoods. Planning for these areas should include the creation of public places as neighborhood epicenters. COMMENTS 1. Input & Comments received at Forum with Implementing Agencies held on May 16, 2003 · The implementation of mixed uses in ci~es and older areas of the County need to assess the impacts on existing infrastructure, this could be a problem because of the pressure it may put on an already saturated infrastructure and a possibly overburdened transportation system. A balance needs to be struck between infill redevelopment and the desire for residents to move to the suburbs. Staff Recommendation: Address with the assessment of the Tier System policies and incorporate into the Infill and Redevelopment Study. Page 3 of 10 2. Input & Comments received at LUAB Workshop held on June 13, 2003 The Westgate CRA strategy was highlighted as an example of what infill and redevelopment initiatives could be. Included was the concept of sharply increasing densities, intensities and building heights; major capital improvements to promote investments in these areas, including drainage impmvemente when needed and availability of mass transit and open spaces. Staff Recommendation: Include these concepts in the assessment of this issue. Many inflll areas are located within municipalities. Therefore, working with municipalities through interlocal agreements and other joint activities will be needed to make this effort more effective. Staff Recommendation: There are also many infill areas and potential redevelopment areas in older sections and suburbs within unincorporated Palm Beach County. Coordination with appropriate municipalities will be incorporated as part of the analysis and recommendations of this issue. Consider strategies to allow renters to become homeowners or to stay in the area in order to avoid displacement. Planning for these areas should include the creation of public places as epicenters for existing neighborhoods. Consider actions to maintain and improve the social fabric of existing neighborhoods. Staff Recommendation: Incorporate these concepts in the analysis of this issue. This issue should be considered as a major issue. Staff Recommendation: This topic was originally within Issue # 1 and because of its impodance was highlighted as a sub-issue of Issue # 1. This appears to crsate confusion as to the importance of this topic. Upgrade this and other sub-issues to major issues. (See heading above) Page 4 of 10 PALM BEACH COUNTY EAR 2003-2006 MAJOR EAR ISSUES ISSUE # 3 EFFECT OF PLAN POLICIES AND DEVELOPMENT TRENDS ON THE AVAILABILITY OF HOUSING OPTIONS FOR MODERATE AND LOW INCOME FAMILIES AGENCY IDENTIFYING Planning ~ ~lll~~ ~ THE ISSUE MAJOR ISSUE Yes ISSUE FRAMEWORK Due to the proximity of buildout in the County and continued population growth and development pressures, the scarcity of undeveloped land has resulted in higher land values, which are reflected in the final cost of residential units offered in the market. Recent studies of the residential market in the County indicate that the median price of new and old homes is close to $250,000. According to the same study, the family income required to obtain approval of a mortgage for this amount is $85,000/Year. A confinuaton of this Vend will have a significant impact for Iow and moderate-income families that might not be able to afford new or used homes in the future. Other key important issues to address are the provision and dispersal of affordable housing within the County. Actions suggested to address this situation Include: · Adopt objectives and policies in the Comprehensive Plan, and provide incentives to promote development of workforce housing for people whose incomes are 150% of the County median, and also housing unite that could be afforded by moderate, Iow and very Iow-income families, young people and new couples. · Concentration of affordable housing and star~er homes may be allowed in certain areas to keep the character and social fabric of existing neighborhoods. · The negative connotation of affordable housing needs to be reconsidered. Emphasize the placement of affordable housing with quality construction in diverse existing and new neighborhoods. · Develop strategies to drive the market place to provide affordable housing anywhere. · Link mass transit and multimodal transportation systems to the design of workforce and affordable housing developments. COMMENTS 1. Input & Comments received at LUAB Workshop held on June 13, 2003 · Several members spoke in favor of the allowing concentrating affordable housing and starl~r homes in certain areas to keep the character of the neighborhood. The negative connotation of affordable housing needs to be removed. Placement of affordable housing in neighborhoods and quality construction need to be emphasized. Drive market place to have affordable housing anywhere. Staff Recommendation: Incorporate these concepte in the analysis of this issue. · Low and moderate-income housing differ from workforce housing. More resources are needed for worldorce housing developments for people whose incomes are 150% of the County median, who do not generally qualify for housing purchase assistance, like working couples, young working people and others. Staff Recommendation: Incorporate these concepts in the analysis of this issue. · Improvement of transportation systems is a key component of successful affordable and workforce housing developments. Consideration of traveling distances before final approval of a project. Staff Recommendation: Incorporate these concepts into the analysis of this issue. Page 5 of 10 This issue should be considered as a major issue. Staff Recommendation: This topic was originally within Issue # 1 and because of its importance was highlighted as a sub-issue of Issue # 1. This appears to create con. sion as to the importance of this topic. Upgrade this and other sub-issues to major issues. (See heading above) Page 6 of 10 PALM BEACH COUNTY EAR 2003-2006 MAJOR EAR ISSUES ISSUE # 4 EVALUATE THE IMPACTS OF DEVELOPMENT ON NATURAL RESOURCES, AGRICULTURAL LAND AND RURAL AREAS AGENCY IDENTIFYING Planning ~ THE ISSUE MAJOR ISSUE Yes ISSUE FRAMEWORK As the County reaches buildout, additional pressures are placed on natural resources within the developable areas and also on adjacent areas with sensitive lands and other resources, rural areas located in central westem and northern County, and prime agricultural lands in the Agricultural Reserve (Ag Reserve) and the Everglades Agricultural Area (EAA). Some of the aspects that need to be addressed to offset potential nefiative Impacts are: Preservation of agricultural lands The most important agricultural lands are located in the Ag Reserve, central-western County, and the Everglades Agricultural Area (EAA). An evaluation of the effectiveness of policies and programs for the preservation of the Ag Reserve must be considered. A focus of this exercise must also be directed to the preservation of agricultural activities and expansion of conservation programs in the EAA. Preservation of rural lands Rural lands include other important areas of the County with specific goals, objectives and policies in the Plan that reflect the desire of area residents to preserve and maintain the rural character and lifestyle of these areas. An evaluation of the effectiveness of related policies and programs must be considered during the EAR. Assess the Impacts of development on Everglades and other restoration Initiatives The northern Everglades, Lake Okeechobee, the Lake Worth Lagoon and the Loxahatchee River and Slough are some of the areas in need of restoration and preservation, which are located within Palm Beach County. Likewise, several projects implementing the Comprehensive Everglades Restoration Plan (CERP), the Everglades Construction Program and other restoration initiatives have components and programs also located within the County. The impacts of development initiatives and Plan policies on these projects need to be considered during the EAR. Many of these restoration facilities and programs have been designed considering current future land use designations in the Comprehensive Plan and current demographic projections. Any changes in future land use or demographic assumptions for the County may have an impact on these initiatives and must be seriously considered during the EAR. Impacts of development on Water Resources and Water Supply Water resources in South Florida and the County are limited and must satisfy the needs of our natural ecosystems, agriculture and urban users. Current development and land use patterns may have an impact on available water resources to satisfy the competing needs of major human consumers and the environment. Linking land use and water supply planning is a first step to address this situation. (Palm Beach County recently completed a Pilot Project implementing this new State requirement). Other Appropriate actions include: · Fostering compatibility between the built and natural systems. This approach is one the major goals in the Strategy for the Restoration of the South Florida Ecosystem, developed by the Ecosystem Restoration Task Force Working Group with participation and input by Palm Beach County representatives in the Working Group. · The Tier System allows the provision of central potable water and wastewater primarily in the Urban/Suburban Tier within the Urban Service Area Boundary (USAB). As the County approaches buildout, pressure to extend services to the Rural Service Area (RSA) and the Exurban and Rural Tiers will increase. An assessment of future service areas and Tier boundaries must be done, including revisiting existing policies in the Plan. COMMENTS (Over) Page 7 of 10 1. Input & Comments received at Forum with Implementing Agencies held on May 16, 2003 The concept to balance the needs of urban, natural and agricultural and rural areas developed as part of the Strategy for the Restoration of the South Florida Ecosystem, needs to be considered for the assessment of this issue. Staff Comment: The principles for the restoration of the South Florida Ecosystem have already been incorporated into the Conservation Element of the Comprehensive Plan, and have been endorsed by the BCC in a resolution supporting the Conceptual Plan for the Restoration of the South Florida Ecosystem, through the former Governor's Commission for a Sustainable South Florida. The application of this concept in the assessment of this issue will be given priority. A study needs to be made to assess the impact of growth on Coral Reefs and the effects on the environment of the increase in boating traffic resulting from population growth. Staff Recommendation: Incorporate in the analysis of this issue. Also, address as part of the analysis of the Coastal Management and Recreation & Open Space elements. There is a need to link open spaces, greenways, bike paths, parks, etc. Intergovernmental coordination is needed to utilize areas to the fullest without damage to the environment. Staff Recommendation: incorporate in the analysis of this issue. Also, address as part of the analysis of the Land Use and Recreation & Open Space elements. The recent Right to Farm Act needs to be researched to assist farming interests in maintaining an agricultural interest in the County. Staff Recommendation: Address as part of the analysis for this issue. Also, address as part of the EAR analysis of the Land Use element 2. Input& Comments received at LUAB Workshop held on June 13, 2003 The County's Environmental Resources Department (ERM) should look at balancing the interests of increased access and accommodating population growth on the one hand and natural resources protection and public safety on the other. Staff Recommendation: Incorporate in the analysis of this issue. Also, address as part of the analysis of the Conservation Element Restrictions need to be implemented to protect natural areas from the overuse of boaters and other public uses that may destroy natural resources. Staff Recommendation: Incorporate in the analysis of this issue. Also, address as part of the analysis of the Coastal Management and Recreation & Open Space elements. Consideration needs to be given te the economic aspect of utilizing natural areas. Eco-tourism and the marine industry have a significant impact on the economy of Palm Beach County. Staff Recommendation: Incorporate in the analysis of this issue. Also, address as part of the analysis of the Economic and Conservation elements. Page 8 of 10 PALM BEACH COUNTY EAR 2003-2006 MAJOR EAR ISSUES ISSUE # $ ASSESSMENT OF TRANSPORTATION PLANNING PROGRAMS AND COMPREHENSIVE PLAN POLICIES TO ADDRESS THE IMPACTS OF URBAN GROWTH. AGENCY IDENTIFYING Planning .~._ ~~ THE ISSUE MAJOR ISSUE Yes ISSUE FRAMEWORK Due in part to the County's high rate of growth and existing development patterns, the lack of viable alternative transportation modes, and the lack of programs to optimize the efficiency of the existing transportation network, the County's roadway network is being strained. Traffic projections indicate that even with a number of proposed road extensions and widenings, traffic congestion in the County will increase. Additional strategies to deal with traffic congestion and increase mobility, beyond road 'improvements" may need to be evaluated. These may include: the enhancement of altemative modes of travel in addition to the automobile; development of incentives to encourage land use patterns that will shorten or eliminate automobile trips; creation of programs that will seek to develop existing Transportation System Management (TSM) and Transportation Demand Management (TDM) programs, and; the improvement of connections between developments and between roads. Activities that need to be explored to address this situation Include: Enhancement of alternative transportation modes To alleviate future traffic congestion and increasing demands to the road network~ consider implementing an interconnected multimodal transportation system and promoting mixed-use developments located in and around major transportation nodes. Encourage land use patterns that will shorten or eliminate automobile trips In order to make altemarive transportation modes viable in Palm Beach County, the existing Iow-density and automobile odentsd land use patterns will need to be modified and replaced with higher density mixed-use development that will: a) shorten existing automobile trips, b) shift trips fi*om the automobile to other modes and/or c) eliminate vehicular trips altogether. As the County reaches buildout, opportunities for mixed use and transit-oriented developments may have to be the result of redevelopment opportunities in selected corridors and nodes. Differential road Levels of Service (LOS) or traffic concurrency exception areas could be used as incentives to achieve some of these types of developments. Consideration of interconnecflvity alternatives Revisit interconnecfivity alternatives to alleviate traffic congestion and reduce daily trips. Alternatives may include interconnectivity between commercial sites, between commercial and residential developments, and between residential developments. Develop Transportation System Management (TSM) and Transportation Demand Management (TDM) programs The County should promote programs that optimize the efficiency of the existing transportarion network through TSM measures and programs that reduce the demand for roadway network at all times or at least dudng peak hours through the use of TDM measures. COMMENTS 1. Input & Comments received at Forum with Implementing Agencies held on May 16, 2003 · The implementation of transit-oriented developments is more likely Io happen in the coastal dries. This may require coordination with municipalities. Staff Recommendation: Incorporate in the analysis of this issue, and in the assessment of the Land User Transportation and Intergovernmental Coordination Elements. Page 9 of 10 Mixed mixed-use development policies are more efficient when planned with consideration for regional needs and infrastructure. Staff Recommendation: Incorporate in the analysis of this issue, and in the assessment of the Land Use and Transportation Elements. A change in density and development patterns is not always a good tradeoff if the reduction in traffic is exceeded by the change in density. Staff Recommendation: Incorporate in the analysis of this issue and Issue #1. Also address in the analysis of the Land Use and Transportation Elements. Mass transportation needs to be provided to the areas where people live and work. Staff Recommendation: Incorporate in the analysis of this issue and the assessment of the Transportation Element. Increased densities close to transit hubs should consider heavy subsidies to make them work, according to the experience of other cities and counties that have implemented these types of strategies. Staff Recommendation: Incorporate in the analysis of this issue and Issue #1. Also address in the analysis of the Land Use and Transportation Elements. Cooperation is needed between municipalities and the County to institute viable transit nodes. Staff Recommendation: Incorporate in the analysis of this issue and the assessment of the Transportation Element. More consideration needs to be given to public access to natural areas, lakes and other water bodies when feasible. There is a lack of boat ramp access in the County. Staff Recommendation: Address with the analysis of the Recreation & Open Space, Transporta§on and Land Use elements. Sites for "Park and Ride' areas should be located for future use involving mass transit.. Staff Recommendation: Incorporate in the analysis of this issue and the EAR assessment of the Transportation Element. Plans should be made for locating future transportation systems in advance of projected population areas to minimize the impact on the citizenry after densities have developed. Staff Recommendation: Incorporate in the analysis of this issue and the EAR assessment of the Transportation Element. 2. Input& Comments received at LUAB Workshop held on June 13, 2003 An Intermodal system of transportation (i.e. light rail, a fleet of small vans, park and ride areas, etc) should be encouraged. This system should focus on developing a hub and spoke type of transportation discipline. Staff Recommendation: Incorporate in the analysis of this issue and the EAR assessment of the Transportation Element. Buses as a mass transit solution for the county have not and are not working to efficiently reduce roadway ~ps. The County should consider the implementation of a light -rail system. Car traffic is hard to beat. We must get serious and make a decision to address our transportation issues. Staff Recommendation: Incorporate in the analysis of this issue and the EAR assessment of the Transportation Element. A more regional system of transportation (ie. an east-west, tri-county, regional mass transit system) is needed. Traffic issues affect those traveling north to and from PBC (Martin County), not just those traveling south (Broward and Miami-Dade counties. We need to support the efforts of municipalities to coordinate transportation issues for long distance transportation (for instance-St. Lucie to Palm Beach County). Staff Recommendation: Incorporate in the analysis of this issue and the EAR assessment of the Transportation Element T:\Planning\EAR 2003-06~EAR Issues\Issues Chart Post-LUAB.doc Page 10 of 10 A ~UIDE TO PREPARING AN EVALUA'I"J:ON AND APPRAISAL REPORT Florida Department of Community Affairs Division of Community Planning Bureau of Local Planning 2{555 Shumard Oak Boulevard Tallahassee, FL 3:>399-2100 First Published May 2001 Revised August 2003 ACKNOWLEDGEMENTS DUI:DE BOOK PREPARED BY: V. bail Easley, FA'rCP The bail Easley Company P. O. Box 1436 Cr`ystal River', FL 344;)3 casleyg~aol.com PEER REVIEW COMMZTTEE: The assistance of the Peer' Review Committee in pr'epar'ing the May 200! edition of this buide is gr'atefully acknowledged. They gave their' time to pr'ovide insight into the needs of local gover'nments, to r'eview dr'arts of the buide, and to pr'ovide comments and suggestions. Walker I~nning Community Program Administrator Department of Community Affairs 2555 5humard Oak Boulevard Tallahassee, FL 32399-2Z00 Tim Brown, AICP Principal Planner 51. ~Tohns County Planning Department P. O. Drawer 34.9 St. Augustine, FL 32085 Ralph Hilliard, Planning Manager City of Gainesville P. O. Box 490 Mail Station #12 Gainesville, FL 32602-0490 5cot? Koons, Director Local Government Assistance North Central Florida RPC 2009 W. 67th Place, Suite A Gainesville, FL 32665-1603 Les 5olin, ATC:P $olin & Associates 901 Douglas Avenue, Suite 207 Altamonte Springs, FL 32714 Larry 5. Pflueger Pinellas Planning Council 600 Cleveland 5tree?, Suite 850 Clearwater, FL 33755-4160 Roberta "Robbia" Roe, County Planner Sum?er County Planning Department :>09 North Florida 5tree? Bushnell, FL 33513 ,Tames La Rue, AICP LaRue Planning & Mgm?. Services, Inc. 1375 3ackson Street Tidewater Building, Suite 206 Fort Myers, FL 33901 David L. Smith, AICP Comprehensive Planning Supervisor Charlotte Co. Community Development 18500 Murdock Circle Port Charlotte, FL 33948-1094 TABLE OF CONTENTS Title Page Acknowledgements Table of Contents What to Expect From This Guide i III PART I - THE PROCE55 1. Overview of the EAR process a. Purpose of the EAR b. Who should be involved c. How much information is needed d. What are sources of information e. How long the EAR should be 2. Limiting the EAR to local subject matter (local issues) a. What is an issue b. Who identifies the issues c. Letter of Understanding with DCA 3. Gathering information from state agencies and other sources 4. Public participation in the EAR process 5. Adopting the EAR 6. Submittal requirements 7. Flow chart for the work program 8. Timeline for preparing the EAR 9. Due dates for local governments 10. How the EAR is reviewed :11. When an EAR and plan amendments are not adopted I-3 I-3 I-3 I-4 I-5 I-5 I-6 I-6 I-7 I-7 I-8 I-9 1-11 1-12 1-12 1-12 PART II - CHECKLISTS 1. Checklist 2. Checklist a. b. 3. Checklist 4. Checklist for preparing and adopting the EAR for identifying local issues When should the checklist be completed? Is the entire checklist necessary for every jurisdiction? for EAR contents for adoption procedures II-1 II-6 II-6 II-7 II-12 II-16 PART]: THE PROCESS 1. OVERV]:EW OF THE PROCESS The process for preparing an evaluation and appraisal of the local government com- prehensive plan is the same basic planning process used for many local government programs and projects. First, identify the expected result, in this case an assess- ment of the local government comprehensive plan. Next, collect the information necessary to conduct an evaluation, and analyze the data. Finally, prepare a report to document findings and recommendations. This guide is designed to assist smaller municipalities and counties in preparing the evaluation and appraisal report (EAR), so that staff or volunteers not specifically trained in planning may never- theless conduct the evaluation and prepare the report. However, when a volunteer, staff of 'the regional planning council, or a consultant prepares the EAR, a member of the elected body, the planning commission, or the staff should be responsible for overseeing the work. This will ensure that all steps are taken and that all re- quired information is included. a. Purpose of the EAR A local government comprehensive plan is a living document. While it is designed to provide certainty in the development of a city or county, in part through limitations on amendments and requirements for financial feasibility, it is also designed to re- spond to changes in a local jurisdiction. Response to changes comes in part through amendments to the plan, through revisions to methods of implementation, and in large part through a periodic evaluation of the plan. We all know that Florida is changing and growing rapidly. Local communities are changing as well. Growth management is all about how local communities plan for that change. Because periodic evaluation of growth and change is part of good planning, state law includes a requirement for the preparation of an evaluation and appraisal report every seven years~. The EAR is the first step in updating a plan, and is intended to accomplish several important purposes: ' 163.3191(1), F.S. T-! EAR Guide August 2003 · ]:dentify major.issues for the community · Review past actions of the local government in' implementing the .plea since the last EAR · Assess the degree to which plan objectives have been achieved · Assess both successes and shortcomings of the plan · ;[dentify ways that the plan should be changed · Respond to changing conditions and trends affecting the local commu- nity · Respond to the need for new data · Respond to changes in state requirements regarding growth manage- ment and development · Respond to changes in regional plans · Ensure effective intergovernmental coordination Who should be involved The people who should be concerned with and involved in the preparation of the EAR are the people who are responsible for maintaining and implementing the plan, and the citizens of the jurisdiction. The first group includes elected officials, ap- pointed officials, and staff of the local government. The second group includes those people who live or own property in the local jurisdiction. Generally, the fol- lowing groups should be invited to participate, either through assisting in the preparation of the EAR, or in reviewing and commenting on the EAR. Your local ju- risdiction may not have all of these groups. · Elected body (City, Town, or Village Council, City Commission, or County Commission · Planning Commission or Planning Board and/or Local Planning Agency · Development Review Board or Committee · Local government staff, such as the manager or administrator, clerk, and those responsible for planning, zoning, engineering, utilities, public safety, affordable housing, and finance · School Board · Chamber of Commerce · Homeowners' Associations Builders' Association · Civic groups · Representatives of adjacent local governments I-2 EAR Guide August 2003 c. How muCh information is needed At a minimum, the local government will need up-to-date information on the popUla- tion of the jurisdiction. The rest of the information (data) will be determined by the subject matter (list of issues) to be included in the EAR. For each issue, it will be necessary to collect enough information to explain the issue, discuss the ef- fects on the jurisdiction, and support any recommendations. Often, there are re- ports or studies from state and regional agencies that meet this need. For cities, the county may have such reports or studies prepared for the entire county. In such cases, the only thing needed in the EAR itself is an identification of the re- port or study, and a summary of how it applies to the local community's issue. When making reference to existing reports and studies, it is not necessary to copy information into the EAR, unless it is easier to refer to the information this way. It is sufficient to make reference to the reports and studies that contain the in- formation and to write a summary statement within the EAR itself. For example, Crystal River needed to update conservation information in its EAR. Citrus County had prepared a thorough inventory and analysis of conservation issues on a county- wide basis. Crystal River-adopted the county's inventory and analysis report (by reference) as city data and analysis, and wrote a brief explanation in the EAR on how the county data applied to Crystal River. d. What are sources of information 5tare and county agencies, universities, regional planning councils, water manage- ment districts, and others prepare studies and reports that may be helpful in pre- paring the E~AR. A list of potential sources of information is provided in Part V. e. How long the EAR should be There is no specific size requirement for an evaluation and appraisal report. If there are no local issues to address, and the issues identified and required in the Florida Statutes do not apply to the local jurisdiction, a complete evaluation may be only a few pages. Refer to the checklist contained in Part IT for EAR contents. At a minimum, the report should have the following components: · a table of contents, · a brief description of the process used to ensure public participation, · updated population estimates, EAR Guide August 2003 Changes in land afaR, a list of changes needed in the plan due to changes in state law, the re- gional plan, or the administrative rule, and a statement committing the local government to updating the comprehen- sive plan to address the changes in state law and rule. Even where there are issues that the local government wishes to address or that apply to the local community, the document still may be fairly short. The contents of the EAR could include only an identification of the issue, an explanation of the information (data and analysis) used to evaluate the issue, and recommendations on changes to the plan to address the findings on the issue. As an example, 5ureter County identified flooding as an important countywide issue, and relied on data and analysis from the water management district to explain the issue. The discussion in the EAR on the flooding issue is three pages, enough to describe the problem, the current status, and recommendations. Even where there are many issues included in the local government EAR, the report itself should be concise and make reference to other supporting documents. A Ia- cai government 'should not feel that an EAR must be bulky in order to be adequate for local purposes or to be found sufficient by the Department of Community Af- fairs (hCA). :~. LI:M.TT'J:N& THE EAR TO LOCAL SUB3'ECT MATTER (LOCAL zssUEs) Prior to 1998, the requirements for the EAR were uniform. That meant that every local government, regardless of size or circumstance, had similar reports in terms of the type of contents. The effect of the legislation adopted in 1998 is to allow the local government to evaluate only those issues that pertain to and affect the local jurisdictionz. This means that not every portion of your comprehensive plan needs to be thoroughly evaluated in the EAR, but only those major issues that af- fect your community's ability to achieve its goals. However, each element as a whole must be briefly evaluated as to its successes or shortcomings in addition to any evaluation related to the local issues. ~ 163.3191(1)(c), F.S. 'r-4 EAR &uide August 2003 a. What is an issue Throughout this guide the terms "subject matter" and "issue" are used inter- changeably. With only a few exceptions, the local government chooses the subject matter of the evaluation report. In the legislation, this subject matter is called an issue. An issue is usually a very narrow matter of concern to the existing and fu- ture growth and development of the local community. For example, "transportation" is not an issue. The term "transportation" includes all the roads, sidewalks, bike routes, and the like in the jurisdiction. However, within the broad area of "transportation", a local community may have a particular concern for the impacts of a road project, or congestion on a road segment, side- walks in bad repair, or some other specific' concern. This specific concern is the issue. Another example is the environment. "Environment" or "environmentally sensitive lands" is not the issue. For a local community, the specific concern may be one par- ticular source of pollution, or one particular land area that should be preserved, or shoreline development, to name a few examples. ]~t is more likely that even "shore- line development" is not the specific issue, but that the issue Js something more specific and of direct concern in the local community. Examples might include lack of public access, or development that could be damaged by coastal flooding. The local government should take great care at this step in the process to identify as clearly and specifically as possible the subject matter that is important locally. (Two examples of local issues are shown in Part IV, Section 4). This will make the EAR a useful document and not an exercise in compliance with a checklist of mini- mum criteria. The EAR becomes customized for the local community. b. Who identifies the issues As explained in the checklist of steps in the process (see Part 1I), the local gov- ernment determines the subject matter of its EAR in two ways. It is important to note that it is the local government that identifies the issues, not a state or re- gional agency. However, the state and regional agencies have input as do adjacent local governments, and the public. Zt is not intended that the local government overlook any real issues, nor is it intended that other agencies force the local gov- ernment to consider issues that do not affect or pertain to the jurisdiction. I-5 EAR Guide August 2003 One step in deciding the subject matter for the EAR is to hold a meeting with ad- jacent local governments and representatives of state and regional agencies. When cities are holding this meeting, the county should be invited. The Florida Statutes refers to this as a 'seeping" meeting3. This means that the purpose of the meeting is to establish the scope or extent of the EAR through determining what subject matter, or issues, will be included. This is also the time to determine the extent of the effort required to adequately address the issues and meet the minimum re- quirements of the statutes. The schedule for adopting an EAR provides that a county's deadline is 18 months prior to the municipalities within the county. There- fore, it is especially helpful if the scoping meeting held by the county includes all municipalities so that there is plenty of communication on issues of .common inter- est and on shared needs for data and analysis. As shown in the checklist for preparing an EAR (Part II), first the local govern- ment develops a list of issues. Next, a meeting with the agencies is held to agree on those issues, or modify the list of issues. The local government then prepares a final list of issues to be included in the EAR. c. Letter of Understanding with DCA The list of major issues should be summarized and sent to DCA with a request for a letter expressing DCA's agreement with the topics selected. Receiving this Let- ter of Understanding from the Department will help avoid any misunderstandings when the Department reviews the adopted EAR for sufficiency. 3. ~ATHER]:N~ ]:NFORMAT]:ON FROM STATE A~ENCJ:E$ ANb OTHER 5OURCE$ Another purpose of the meeting with agencies is to determine what data the agen- cies can provide to the local government to explain and analyze each issue. At the meeting, agency representatives should be able to identify reports, studies, or other documents that can provide information to the local government. It is im- portant to make a list of these documents and who will provide them. This way the person overseeing the preparation of the EAR can follow up to make sure the in- formation is received. :~ 163.3191(3), F.S. I-6 EAR ~uide August 2003 Agencies may have a bibliography of documents. This bibliography, Or reference list, can be useful to the local government in identifying reports, studies, and other documents that contain data useful for the evaluation of the plan. More informa- tion on sources of data is contained in Part V. 4. PUBL]:C PART]:C'"J:PAT~ON ]:N THE EAR PROCESS It is important that the general public have plenty of Opportunity to be involved in evaluating the local plan since adoption or since the most recent EAR. Throughout this discussion of the process, there is mention of workshops, public hearings, and procedures for adopting the EAR. When the comprehensive plan was originally adopted, each local government should have adopted procedures for public partici- pation. These same procedures should be used in the preparation and adoption of the EAR4, including at least the participation described in this guide. In particular, see Part II, Section I. 5. AbOPT'J:N6 THE EAR The Local Planning Agency (LPA) is often the planning commission or the elected body and is responsible for preparing the EAR and recommending it for adoption by the elected bodys. As the responsible group, the LPA may delegate the actual re- search and preparation of. the EAR. The report mm/be prepared by someone on the staff of the local government. It may be prepared by a volunteer, such as a member of the LPA. ]~n some regions of the state, the regional planning council is active in providing this service to local governments. A local government may de- cide to hire a consultant to prepare the report. Whoever is chosen, it is the re- sponsibility of the LPA to ensure that an EAR is prepared and to recommend the EAR to the elected body for adoption. There are several important steps leading to adoption and subsequent review by hCA, of the EAR for sufficiency (see Section l0 for an explanation of "suffi- ciency"): 163.3191(e), F.S. 163.3191(4), F.S. 'r-7 EAR Guide August 2003 · The LPA holds, at least one pUblic hearing on the proposed, or draft EAR, before making a recommendation to the elected bodya. The elected body may submit a proposed EAR to DCA and other reviewing agencies for comments 90 days before the scheduled due date7. ]~f this is done, DCA will send comments on the proposed report within 30 days after the report is received. This is not a required step, but it is very useful to have early comments from DCA. Therefore, it is recommended that the proposed EAR be submitted. The elected body holds a public hearing for adoption of the EAR by reso- lution or ordinancea. At this public hearing, the elected body will con- sider the proposed EAR, as revised, based on comments at the LPA hear- ing as well as comments received from DCA. (See Part ]~3~ for a checklist on procedures for adoption.) The EAR may be adopted no earlier than c)o days prior to the scheduled adoption due date? After adoption, the EAR is sent to hCA where it is reviewed to deter- mine whether it is sufficient. 6. SUBNLI:TTAL REQU;I:REMENT$ ]:f the draft, or proposed, EAR is sent to DCA for review (90 days before the due date), one copy is sent to DCA, and one copy is sent to each state and regional agency that will review the EAR, as well as adjacent local governments, and any citizens that have requested a copy~°. (Refer to Section l0 below for a list of re- view agencies.) After adoption, the following are the requirements for submitting the EARZZ: · Three copies of the EAR to DCA 163.3191(4), F.S. 163.311(5), F.S. 163.3191(6), F.S. 163.3191(9), F.$. 163.3191(5), F.S. 163.3191(6), F.S., and 9J-11, F.A.C. I-8 EAR &uide August 2003 A transmittal letter to hCA (a sample is provided in Part IV) A copy of the adoption resolution or ordinance to DCA (a sample is pro- vided in Part One copy of the EAR to each reviewing agency One copy of the I~AR to each adjacent local government After [:)CA and the agencies have received the adopted EAR, DCA will provide pre- liminary comments within 60 days. This provides an opportunity for the local gov- ernment to clarify information in the report. Within 90 days after the EAR is received, hCA will make a final determination whether the report is sufficient (see Section 10). A determination of sufficiency is based on whether the EAR provides the information, as applicable, in 163.31c)1(;>), F.5. 7. FLOW CHART FOR THE WORK PROGRAM The flow chart on the next page shows the steps in the process and the relation- ships among the steps. The flow chart should be used in conjunction with the time- line on the following page. The numbered boxes in the flow chart also correspond to the numbered steps in the checklist in Section ! of Part II. T.c) EAR Guide · August 2003 1. IDENTIFY WHO WILL PREPARE EAR 3. PREPARE LIST OF ISSUES 4. AGENCIES I r-,,,,, MEETING ~ COLLECT DATA ANALYZE DATA 5. FINAL LIST OF ISSUES FOR EAR 6. PREPARE 1ST DRAFT OF EAR SUFFICIENT 13.A. BEGIN PLAN AMENDMENTS 8. REVISEEAR 9. TRANSMIT PROPOSED EAR TO DCA 10.EAR REVISE 12. TRANSMIT ADOPTED EAR ELECTED OFFICIALS~~ PLANNING BOARD ) GENERAL PUBLICJ NOT ~ SUFFICIENT 13.B,AMEND EAR 1-10 EAP, Guide Augusl' 2003 8. TJ:MEI_I:NE FOR PREPAlaJ:N& THE EAR The following timeline can be used for the local government work program. First, insert the scheduled due date for adoption. Then, calculate the approximate dates for each step leading up to the due date. The numbers in the steps match the flow chart on the previous page and also correspond to the numbered steps in the checklist in Section ! of Part II. Apr-Aug 04 Aug-Sept 04 ~ept-Nov 04 Nov 04-Apr 05 May 05 ,Tune O~ ,Tuly O5 Sept-Oct Oct-Nov 05 ,Tan 06 Feb 06 Feb 07 Aug 07 15-18 months before scheduled due date 14 to 15 months before 12 to 14 months before 6 to 12 months before ± § months before ± 4 months before 3 months (90 days) before 2 months before 1 to 2 months before 0 to ! month before 2 months (60 days) after hCA receives EAR 3 months (90 days)after DCA receives EAR 12 months after finding of sufficiency (or 18 months if extension requested) 18 months after finding of sufficiency (or 24 months if an extension is requested) 1. Identify who will prepare the EAR and who is responsible 2. Local workshop to identify subject matter (issues) and 3. Prepare the list of issues 4. Workshop with agency representatives and 5. Prepare final list of issues (Letter of Under- ~fandin~ with DCA) 6. Complete a first draft of the EAR 7. Public hearing with LPA on first draft 8. Revise first draft; as needed Transmit proposed EAR to DCA and other reviewinq agencies (optional) Receive comments from hCA 10. Revise first draft and produce final EAR for adoption 11. Public Hearing with elected body and adop- tion of the EAR 12. transmit to DCA & reviewing_agencies Preliminary comments from hCA Regarding determination of sufficiency Finding of Sufficiency for .Finding of Not Sufficient Submit proposed plan amendments based on the EAR Adopt plan amendments based on the EAR I-II EAR Guide 9. DuE DATES' FoR LOCAL &OVERNMENTS The due dates for adopting an EAR are set so that municipalities are scheduled 12 to :[8 months after the county in which they are located. This allows the municipal governments to use data collected by the county for their lEAR and plan amend- ments. A list of due dates is provided in Section 4 of Part V. 10. HOW THE EAR 1'5 REVZEWEDtS The Department of Community Affairs is the primary reviewing agency. However, the EAR is also reviewed by the Department of Transportation, Department of En- vironmental Protection, the water management district, the regional planning coun- cil, and the Division of Historic Resources at the Department of State. Copies are provided to adjacent local governments who may also review and provide comments. DCA is responsible for determining whether the EAR is sufficient. The Florida Statutes uses the term 'sufficient" to describe the condition where the EAR is adequate for the community's needs. In addition, to be sufficient means that the EAR has addressed the items listed in 163.31c)1{2), F.S. DCA may delegate the review responsibilities to the regional planning council. When DCA has delegated the review, the local government may choose to have the RPC conduct the review rather than DCA. Contact your regional~ planning council to determine whether it has been delegated review authority, and consider using the RPC for review of your lEAR. :t 1. WHEN AN EAR AND PLAN AMENDMENTS ARE NOT ADOPTED~4 The Administration Commission (governor and cabinet) has the authority to impose sanctions when a local government does not adopt an lEAR. The Administration Commission also has the authority to impose sanctions when a local government does not adopt amendments as recommended in the lEAR. 163.3191(7) and (8), F.S. 163.3191(11), F.S. 1-12 EAR Guide August 2003 The sanctions' that may be imposed include not providing funds for improvements to roads, bridges, water systems, or sewer systems. Sanctions may also include losing eligibility for the Florida Small Cities Community Development Block Grant Program, the Florida Recreation Development Assistance Program, and certain revenue sharing funds. When an EAR is not adopted, or an adopted EAR is found not sufficient, there are limitations on amending the local government comprehensive plan. (1) ]:f an EAR is not adopted, only amendments for a development of regional impact (DR]:) and certain port facilities may be adopted.~§ (2)]:f an EAR is adopted, but found not sUfficient, the local government may continue to amend the plan for a one-year period after the scheduled due date for EAR adoption. (See Part V for the due dates)? (3)]:f an EAR is adopted, but found not sufficient, and the one-year period passe.s, the only allowable amendments to the comprehensive plan are amendments for a (4)]:f an EAR is adopted and found sufficient, all amendments may be adopted. Scheduled Due bate for Adoption of EAR and Subsequent Sufficiency Determination :l:f: (1) No EAR Adopted (2) EAR Adopted, -but NOT Sufficient Then: Only amendments related to bR]:s and certain port facili- ties may be'adopted All amendments may be adopted One Year After Scheduled Adoption Due bate for EAR Only amendments related to bR]:s and certain port facili- ties may be adopted (3) Only amendments related to bRIs may be adopted (4) EAR Adopted and Sufficient All amendments may be adopted is 163.3187(6)(a), F.S. ~e 163.3187(6)(b), F.S. ~? 163.3187(6)(c) ]]-13 EAR Guide August 2003 PART TI CHECKLISTS This part of the guide contains checklists to use in gathering information for the EAR, in deciding what issues to include in the evaluation, and in putting the EAR together. The first checklist can be used in conjunction with the timeline and the flow chart presented in Part I. This checklist will help you make sure that all the steps are taken, and that the steps are in a logical order. The second checklist will help you recognize major issues for your community. Checklist 3 is designed to ensure that you meet state law for the contents of the EAR. The fourth checklist takes you through the steps of adopting the EAR. With the use of these checklists you can do the following. · Establish a work program for the EAR · ~)ecide the issues to include in your assessment · Assemble the EAR after you gather the information and write the report · Adopt the EAR CHECKLIST FOR PREPARIN6 AND AbOPTIN6 THE EAR This checklist is a step-by-step guide to preparing the EAP, and adopting the EAI~. Tt will help you define your work program before you begin the actual work of evaluating your plan and writing your report. In the column titled "status" are notations that the step is "required", "recom- mended'', or ~as needed". ~Required" means that the local government is obligated by state law to perform the task. "Recommended" means that the task or step is important and is part of good planning practice. It is strongly suggested that you include the step in your local process. "As needed" refers to those steps that may or may not be necessam/to complete the project, but are identified to ensure that the step is not overlooked during preliminam/planning. II-! EAR Guide March 2004 The EAR may be prepared by one or more staff of the local government, by mem- bers of the Local Planning Agency, by citizen volunteers, by staff of the regional planning council, or by a consultant hired for this purpose. At least one member of the local staff or the elected body should be responsible for overseeing the work. Overseeing the work should include making sure the process is followed, that the required contents are provided, and that the timeline is followed. RECOMMENDED 2. IDENTZF'V AND CLARIFY ISSUES THROUGH A WORKSHOP WITH ELECTED BODY, PLANNING COMMISSION, AND GENERAL PUBLIC. (163.319111][C], F.5.) The purpose in evaluating the local government comprehensive plan is to determine whether the plan has resulted in progress in achieving the development the people want for their community. The comprehensive plan describes the way the commu- nity will develop and grow, lists goals and objectives for different parts of the community, and lists the policies of the local government that will direct programs, budgets, and decisions. Over time the community changes. 5oma changes will be consistent with the growth anticipated and planned for. But other circumstances may bring changes to the community that were not anticipated. The comprehensive plan will continue to be useful in guiding growth and development if it is brought up to date to reflect changes and new circumstances. The process of preparing an EAR provides an organized way to look at the plan and determine how well it fits the community's current and future needs and desires. Therefore, the evaluation and appraisal report serves as an audit of progress and problems in using the plan to achieve the development goals of the jurisdiction. Involving many groups in a discussion of the plan is a very useful and important step in the process, and is strongly recommended. A local government is only required to address the subjects within the plan that ore important issues for that community. This local workshop is the first step in deciding what subject matter (issues) to include in the EAR. II-2 EAR Guide March 2004 If a workshop is not held, the local government should decide what subject matter to include in the EAR. For assistance in identifying issues, refer to the discussion on "limiting the EAR to local subject matter" in Port I, and to the "checklist for identifying local issues" in Section 2 of Port II. RECOMMENDED II PREPARE A LIST OF THE ISSUE5 AGREED UPON IN THE LOCAL WORKSHOP OR IDENTIFIED BY STAFF. Two samples of lists of issues are shown in Part IV, Section 4. RECOMMENDED SCHEDULE A MEETING WITH AD,.TACENT LOCAL GOVERNMENTS AND STATE AND REGIONAL AGENC'"Y REPRESENTATIVES; PREPARE A LETTER TO INVITE REPRESENTATIVES. (163.319113], F.S.) This meeting serves two purposes. First, it is a time to discuss the subject matter for the EAR with the agencies who will be reviewing the EAR. By agreeing on the subject matter or issues to be included, the contents of the EAR become "frozen" for the local community. This means that the list of issues is set and additional issues won't be added at a later date. As the checklist for EAR contents shows, there is veto/little that is mandato~. The EAR is supposed to be an audit useful to the community in modifying its plan so that the plan does direct growth and devel- opment to achieve the goals of the community. The EAR will be most useful when it focuses on subject matter of local importance. Second, much of the information needed to conduct an evaluation of the local plan is available from state and regional agencies. This meeting is the time to identify those information needs and get commitments from the agencies to provide the information to the local government. The agency representatives may also suggest other sources of information for EAR preparation. A sample letter and agenda for this meeting are contained in Part IV, Sections 2 and 3. II-3 EAR Guide March 2004 'RECOMMENDED o PREPARE A LETTER TO DOCUMENT THE MEET- ING. ATTACH THE LIST OF ISSUE5 THAT WERE AGREED ON. ATTACH A LIST OF THE INFOR- MATION AGREED TO BE PROVIDED BY STATE AND REGIONAL AGENCIES. 5END COPIES TO ALL WHO WERE INVITED. REQUEST LETTER OF UNDERSTANDING FROM DCA. The final list of issues developed in the agency meeting of step 5 should refine, if needed, the list prepared in step 3 above. The list of information to be provided is based on the reports, studies, and documents identified during the meeting to be provided by the agency representatives. REQUIRED 6. PREPARE A DRAFT OF THE EAR. Refer to the discussion of the process in Part I, the checklist for contents of the EAR in Section 3 of Part II of this guide, and Part III on writing the EAR. REQUIRED 7. HOLD A PUBLIC HEARING WITH THE LOCAL PLANNING AGENCY, ELECTED BODY, PLANNING COMMISSION, AND GENERAL PUBLIC TO biS- CUSS RESULTS OF THE EVALUATION AS bE- SCRIBED IN THE DRAFT EAR. (163.319114], F.5.) A sample advertisement for public hearings is shown in Part IV, Section 5. The official action taken at this hearing should be a recommendation from the Local Planning Agency for adoption of the EAR. A5 NEEDED I I 8. REVISE THE EAR, IF NEEDED, BASED ON THE COMMENT5 RECEIVED IN THE PUBLIC HEARING. Both the citizens and the members of the LPA may have questions, comments, or suggestions that will result in revisions to the report. If none are received, this step is obviously not needed. II-4 EAR Guide March 2004 RECOMMENDED 9. TRANSMIT THE PROPOSED (DRAFT) EAR TO DCA AND STATE AND REGIONAL AGENCIES FOR RE- VIEW. (t63.3tgt[5], F.5.) Refer to the discussion on adopting the EAR in 5action 5 of Part I. The Florida Statutes allow submission of a proposed EAR 90 days prior to the scheduled due date. It is a good idea to take advantage of this in order to get informal comments from DCA prior to adoption of the EAR. Therefore, it is recommended that the proposed EAR be sent to DCA for early comments. A5 NEEDED 10. REVI5E THE EAR, IF NEEDED, BASED ON COM- MENT5 RECEIVED FROM DCA AND OTHER AGEN- CIES. If the EAR is transmitted for preliminary review, DCA must provide comments within 30 days after the proposed EAR is received. This provides time to revise the EAR before adoption. If the local government does not transmit the proposed EAR, this step is not needed. Also, comments from DCA may not result in a need for revisions. However, this step is identified to ensure that it is not overlooked in the work program. REQUIRED 11. HOLD A PUBLIC HEARING BY THE ELECTED BODY TO ADOPT THE EAR BY RESOLUTION OR ORDI- NANCE. (163.319116], F.5.) A sample resolution for adoption of the EAR is provided in 5action 6, Part IV. Adoption by resolution is recommended. REQUIRED I I 12. TRANSMIT THE ADOPTED EAR TO DCA AND STATE AND REGIONAL AGENCIES. (163.319116], F.S.) The submittal requirements are described in 5action 6 of Part I. II-5 EAR Guide March 2004 REQUZREb 13. A. 1.F EAR 1'5 FOUND 5UFF]:C"~:ENT PREPARE EAR- B, ASEb AMENDMENT5 TO THE PLAN. B. 1.F EAR 1.5 FOUND NOT 5UFF1.¢1.ENT, PREPARE ADD1''I'1.0NAL MATER1'AL 45 NEEDED TO RE- SPOND TO CONCERN5 RA1'SED BY DCA. CHECKLIST FOR IbENT]:F~IN~ LOCAL ISSUES Each evaluation and appraisal report is unique to the local jurisdiction, because the evaluation of the comprehensive plan is limited to the issues identified by the local government for evaluation. This checklist will assist you in identifying the subject matter, or issues, that will be evaluated in your EAR. The first set of questions, ! through 5, will help identify those jurisdictions that are likely to have few, or even no, local issues. a. When should the checklist be completed? 1'n most cases, it is probably a good idea if the person responsible for the EAR (consultant, staff person, or volunteer) completes the checklist. The completed checklist may be used as a handout to the participants in the workshop (step 2 above). The preparer can also add notes about any concerns that should be dis- cussed for each question. There also may be one or more questions that can only be addressed during the workshop because the answer is not clear-cut. However, the checklist includes a lot of questions that clearly may not apply to the local jurisdiction, resulting in confusion during the workshop. 1'f this is the case, the preparer should prepare a summa~ of the applicable questions, or a simple list of key points, taken from the checklist. 1't is possible to complete the checklist during the workshop; however, this is most likely a cumbersome way to proceed. Therefore, it is recommended that the per- son who will prepare the EAR complete the checklist first. This checklist is a tool provided to help develop an EAR one step at a time. As a tool, the checklist should be used in whatever manner seems most helpful. II-6 EAR Guide March 2004 b. Zs the entire checklist necessa~/for every jurisdiction? If the answer to each of the first five questions is "no", it is not necessary to con- tinue with the remaining questions. By answering no to the first five questions, you are indicating that your jurisdiction is fully built out, with no vacant land for devel- opment. In addition, there is no need for changes or improvements to the existing development, and no potential for annexation to change the area of your commu- nity. Finally, there are no coastal development issues facing your community. For a jurisdiction in this situation, the EAR will be very brief. The 1998 legislative changes to the I~AP, requirements allow a community to focus on the major issues. When those issues are few, the report is short. However, your jurisdiction may still have subject matter it wishes to address. If so, list those issues as indicated in the checklist .for EAR contents (Section 3), and consult that checklist to ensure that other required parts of the report are in- cluded. Guidance for writing about the issues is contained in Part III. :~. Is there any vacant land available and suitable for development in your jurisdiction? ;~. Answer this question only if your jurisdiction is fully developed (built-out). Are any of the existing areas of your jurisdiction in poor condition, in need of repair, or in need of redevelopment? 3. Is your jurisdiction on a barrier island, or a coastal waterfront loca- tion? 4. Answer this question only if your jurisdiction is a municipality. Has your jurisdiction annexed additional lands into the city since adoption of the plan? 5. Answer this question only if your jurisdiction is a municipality. Ts there any potential for annexation of additional land into the city at any time in the future? II-7 EAI~ Guide March 2004 If the answer to one or more of the first five questions was "yes" you should an- swer each of the following questions. The questions are designed to assist in de- ciding the subject matter to be addressed in your EAR. There may be additional issues of local concern that you identify through workshops or your own knowledge. Those should be included in the EAR as well. 6. Tf you answered "yes" to question #1, does your plan adequately ad- dress the development potential of vacant land, including the physical condition of the land, environmental concerns about the land, and the availability of infrastructure to serve the needs of future develop- ment on the vacant land? Zf o, a potential issue is the extent and suitability of vacant land for development. 7. a. If you answered "yes" to question #2, have you identified the po- tential areas for redevelopment? b. Has your jurisdiction designated an "urban infill and redevelop- ment area" pursuant to 163.2517, F.S.? c. Has your jurisdiction designated other special areas, such as transportation concurrency exception areas (TCEA), community redevelopment areas (CRA), neighborhood improvement districts, enterprise zones, community development districts (CbD), Front Porch, Weed and Seed, and so on? The potent/a/issues are identifying and document/ag redevelopment needs, identifying methods to address those needs, identify~hg changes w/th/n the des/gnated area, and determ/n/ng whether the des/gnat/on/s an effect/ye method of meet/ng the/dent/f/edneeds. 8. If you answered "yes" to question #3, are there any needs for re- source protection, such as (but not limited to) shorelines, erosion, pollution, preservation, marine resources, or water quality as one or more of these items pertain to a specific source or location? II-8 EAR Guide Mm'ch ZOO4 Potent/a/issues are as/dent/f/ed for the specific resource in one or more specific/ocat/ons. 9. a. If you answered 'yes" to either question #4 or question #5, does your community have a proposed annexation area? b. Does your local government have an agreement of any type with adjacent and affected local governments regarding service provi- sion in potential annexation areas? c. Does your local government have policies regarding annexation, to address such items as future land use, impact of changes to planned use on development in affected jurisdictions, and inter- governmental coordination? .lTlc the answer to any of these questions is "no'; that represents a po- tent/a/issue. 10. a. If you answered "yes" to question #5, do you have a plan for an- nexation, including how annexed lands should be designated on the future land use map, and the data and analysis to support both the annexation and the proposed land use category? b. Do you have meaningful coordination with the county regarding provision of services, impacts of changes in land use on the county, and impacts of development on the county? If ''no" to either quest/on, a potent/a/issue is annexation and its im- pacts on your jurisdiction as we//os adjacent jurisdictions. Il. Are there any potential road projects, such as turnpike extensions, interstate interchanges, state road projects, or the like, that will af- fect the growth potential of your jurisdiction? If "yes", a potent/a/issue is the impact of the specific road project. 12. Has your community conducted a "visioning" process, either spon- sored by the local government or another group? If "yes", does your II-9 EAR Guide March 2004 comprehensive plan support and implement the vision? .rf it does not, the points where the plan does not support the v/s/on are potent/a/issues for the EAI~. 13. o. Has the future land use mop been amended frequently since origi- nal adoption of the plan? b. Does the future land use map meet your needs by providing the right designation for lands that are vacant or in need of redevel- opment? c. Does the future land use map provide enough land in the right categories to meet the needs of anticipated growth? An answer of "yes" to I2.a., or "no" to I2.b or I2. c. means there is a potenHo/ issue that the future/and use map/s inadequate and should be s/gn/£/canHy revised 14.0. Have growth and development taken new directions in your juris- diction, as evidenced by major new retail projects, large new resi- dential projects, major new employers, and the like that were unan- ticipated in the original plan? b. Tf "yes", does the plan address the needs of this development and the potential for more growth as a result? Zf ''yes" to I4.a. or "no" to 14.b. a potenHa/ issue is changing direc- tions or locations for growth and changing lCorecasts for growth and development. 15. Have state or regional agencies conducted any studies that identify problems or issues in your jurisdiction? (For example, a water man- agement district study may identify locations and sources of pollu- tion.) Potent/al issues are as/denHf/ed in the stud)/. II-lO EAR Guide March 2004 16. a. ];s there currently adequate infrastructure - water, sewer, roads, drainage facilities, and solid waste facilities - to meet local needs? b. Will the infrastructure meet the needs of projected growth? c. ];s the capital improvements element up to date? cl. Are the level of service standards for these facilities still appro- priate and being met? _r£ "no" to any quest/on, the potent/o/issues could include one or mote in£rostructure systems, concurrency management, mointoinin9 levels of service. 17. Are there current or potential school sites in your jurisdiction? ££ "yes" the potent/a/issue is coordination o£ the p/an w/th the school district work program for facility locations or other school sitin9 and use issues. 18. Have there been any housing studies (such as the "$himberg report") that identified a shortage of housing, or a shortage of affordable housing in your jurisdiction? £f "yes", the potent/a/issue is the ava/lability of housin9, includin9 a££ordab/e housing, to meet the needs of the ex/st/n9 and future population of the area. 19.0. Are other ogencies (such os odjocent locol governments, regionoJ or state agencies) planning a development project on land they own within your jurisdiction? b. Tf "yes", are the project and its potential impacts anticipated in the comprehensive plan? (Examples of projects include a jail, electrical sub-station, wastewater treatment plant, government buildings, or recreation facilities.) £f "yes" to either quest/on, the potent/a/issue is the impact of the Guide March 2004 pro~c? on $~rvi¢~$ ond fociliH~$, Iond u$~ po?~¢rn$, ond compoHbil- i~ within ~h~ jurisdiction. whether additional parts of your plan need to be modified, beyond what has been identified through responding to the questions in this checklist. As the plan is reviewed to respond to the above questions, other items may be identified that you wish to address. One more look at each element will ensure that you have not overlooked any- thing that should be evaluated. 3. CHECKL.I:ST FOR EAR CONTENTS This checklist is a guide to the contents of your EAR. The checklist can also be used to create the table of contents for the report itself. The status column identifies those components of the report that are "required", "recommended", or to be provided "as needed." "Required" means that the local government is obli- gated by state law to include this item in the EAR. "Recommended" means that the item is important and should be part of a good report. "As needed" refers to those items that may or may not apply to your jurisdiction, but are identified to ensure that they are not overlooked as you assemble the report. References to the Florida Statutes regarding the EAR are contained throughout this section, lit is important to note that there is no administrative rule providing minimum requirements for the contents of an EAR. The direction for the contents comes from the statutes, and from this guidebook. The section of the Florida Statutes that pertains to the evaluation and appraisal report is contained in the appendix, Part V of this guide. Z'r-12 EAR Guide March 2004 1. PRELIMINARY PAGE5 Required Tab/e of Contents {163.319114], F.S.) As needed £ists of tab/es, maps, and figures (163.319114], F.5.) ~f you~ EAR contains maps, othe~ figuces, ac tables, the table of contents should have ~ separate page to list these items. ~. ~NTRObUC~ON 5EC~ON Recommended ~ie~ p~o~i/e of the local ~u~isdiction and statement of the purpose of the EAR Required Brief description of th~ process used to prepare and adopt the EAR, including the public participation activities (t63.3z~z[~][j], F.5.) As needed B~ief de~ipfion of the community "vision~ Local commu- nities are encoucaged to use a process to identify the commonly held vision foe the future of the communi~. However, it is not mandated. See page ZZ~-4 for a dis- cussion of visioning. ~f such a process has been ca~ried out, it should be described and used as pa~t of the evalua- tion of the compcehensive plan. The degree to which the cu~ent community differs from the desired future com- munity can help identify majo~ issues that must be dressed by the communiW in o~de~ to achieve that Wpe of community in the future. II-13 EAR Guide March 2004 3. 5UB,TECT MATTER FOR THE LOCAL ,TURI5DICT]:ON {I55UE5) For each issue, whether listed below or identified as a local issue by the com- munity, the discussion must include the followingt: · identify the impacts of the issue (163.319i[Z][e], F.5.) · assess whether the objectives of the plan that relate to the issue have been achieved, (163.319:112][g], F.5.) · discuss whether there have been changes in circumstances that were not anticipated, (163.319112][g], F.5.) · discuss whether these changes resulted in either problems or opportuni- ties for the community, (163.319112][9], F.5.) · identify actions, including plan amendments, that are needed to address the issue (163.319112][i], F.5.) (Assistance on writin9 about issues in the EAR is contained in Part Required Discuss changes in population since the plan was adopted or last amended; compare actual changes with changes projected by the plan. (163.319112][a], F.5.) Required2 Discuss changes in land area, including annexation, since the plan was adopted or last amended. Cl63.3[9112][a], F.5.) Required2 Tdentify the amount and location of vacant land and its suitability and available for development. (t63.319:l[2][b], F.S.) Required2 Discuss the extent to which the community has been able to meet the demands of growth on infrastructure, main- tain level of service standards, provide public services and facilities, concurrency management, and the financial fea- sibility of the plan. (163.319112][c], F.S.) ~ See 163.3191(2), F.S. 2 Several issues are specifically identified in the statutes and are, therefore, required. However, one or more issues may not be applicable to your jurisdiction. Refer to the discussion on writing the EAR in Part III and the checklist in Section 2 of Part !1 for more guidance on how to identify the issues that must be evaluated by your local government. II-14 EAR Guide March 2004 Requiredz Discuss whether development has located where it was anticipated in the plan as originally adopted or last amended. (t63.3t9112][d], F.5.) Requiredz Assess success of coordinating land use and school facili- ties planning, including use of joint population projections. (t63.3tgZ[Z][k], F.5.] Required2 Evaluate plan with respect to the water management dis- trict's plan; evaluate need to revise potable water element to include long-range water supply facilities workplan. (J63.3tgt[2][I], F.5.) Required2 In coastal high-hazard areas, evaluate whether past re- duction in land use density impairs the property rights of current residents when redevelopment occurs. (J63.3tgt[2][m], F.5.) As needed3 ~dentify and evaluate local issue(s). (Z63.3tgt[2][e], F.5.) Required Briefly assess successes or shortcomings of each element. (Z63.3tgt[2][h], F.5.) Required2 ~dentification of changes to residential, commercial, and institutional development within a designated urban infill end redevelopment area (t63.25t716][a], F.5.) 4. CHANGE5 TO FLORZDA STATUTE5 AND ADM~N~STRA~VE RULE5 APPLICABLE TO THE LOCAL GOVERNMEN~ (t63.3tgtr21[F1) Each year DCA will provide a list of changes to the Local Government Comprehen- sive Planning and Land Development Regulation Act (Ch. t63, Part Z~, F.5.), the 5tare Comprehensive Plan (Ch. t87, F.5.), and Chapter 9]-5, Florida Administrative Code. A summa~ of these changes are posted on the Department's website at http://www.dca.state.fl.us/fdcp/bCP/ear/indexear.htm. The responsibility of the local government is to identify the changes that have been made since adoption of 3 Refer to the checklist in Section 2 for guidance in identifying local issues to be used in evaluating your comprehensive plan. Only those issues identified for your jurisdiction must be listed. 4 163.3191(2)(f), F.S. II-15 EAR Guide March 2004 its comprehensive plan. ];n addition, the local government must identify changes to the strategic regional policy plan that have been made since adoption of the local government comprehensive plan. The lists provided by DCA should be reviewed to identify those amendments that are applicable to the local jurisdiction. The comprehensive plan should be reviewed to determine whether changes in the plan are needed to respond to the changes in state and regional laws, rules, and policies. The EAR should identify where the comprehensive plan needs to be amended and commit to addressing these needed changes following adoption of the EAR. (These amendments must be adopted within 18 months.) Required List of changes to the State Comprehensive Plan applica- ble to the community. (163.319112][f], F.S.) Required List of portions of the Strategic Regional Policy Plan that apply to the community. (163.319112][f], F.S.) Required List of changes to Chapter 163, F.S., applicable to the community. (163.319112][f], F.S.) Required List of changes to Chapter 9,T-§, FAC, applicable to the community. (163.319112][f], F.S.) §. APPENDZX As needed List of reports, studies, and other documents used as data and analysis for the EAR 4. CHECKLI:$T FOR ADOPT]:ON PROCEDURES5 During the adoption process, two public hearings must be held, with proper notice. s see Ch. 125, Part II, F.$. for county requirements to adopt an ordinance or resolution. See 188.041, F.$., for municipal requirements. II-16 EAR Guide March 2004 This checklist will guide the user to make sure that the procedures are followed. See table on 1. becide on dote for consideration by LPA. page ];-11 this date in step 6 below. for dotes Note: This date is approxin~tely five months before the EAR due date. It is the date identified on line 7 in the table on p~ge 1-11 (Timeline for Prel~ring the EAR). At least 2. Determine the date that notice must appear in three weeks the newspaper. Also find out the deadline for before the providing the notice to the newspaper in order to first public appear by the required dote. The newspaper hearing must be a newspaper of general circulation for your oreo. As required 3. Prepare the notice. by the The notice must include the following: deadline in , date of the public hearings (one for LPA step 4 and one for governing body) , time of the hearings · place of the hearings · title of the resolution or ordinance · statement about where the public may in- spect the resolution or ordinance, including the A sample notice is shown in Part IV. 4. Deadline to provide notice to newspaper. At least 10 5. Notice appears in the newspaper. days before the first public hearing Insert the actual dates for your jurisdiction. II-17 EAR Guide March 2004 See table on 6. Public hearing before the LPA. page 'r-ii. See table on 7. Public hearing before the local governing body. page 1-11. See table on 8. Transmit the EAR to DCA (see discussion in Part page ];-11. I on submittal requirements) II-18 EAR Guide /~arch 8004 CITY OF BOYNTON BEACH COMPREHENSIVE PLAN November 1989 INCLUDING: EAR-BASED AMENDMENTS (ADOPTED JUNE 20, 2000) TEXT AMENDMENTS (ADOPTED JANUARY 16, 2001) PUBLIC SCHOOL FACILITIES ELEMENT (ADOPTED DECEMBER 18, 2001) INDUSTRIAL POLICY AMENDMENT (DECEMBER 3, 2002) TEXT AMENDMENTS (ADOPTED JUNE 17, 2003) TEXT AMENDMENTS (ADOPTED DECEMBER 2, 2003) TEXT AMENDMENTS (ADOPTED APRIL 20, 2004) Table of Contents Goal 1 Page Future land Use Element ..................................................................................................... 1-1 Goal 2 Transportation Element ...................................................................................................... 2-1 Goal 3 Utilities Element : 3.A Sanitary Sewer Sub-Element ........................................................................... 3-1 3.B Stormwater Management Sub-Element ......................................................... 3-4 3.C Potable Water Sub-Element ............................................................................ 3-7 3.D Natural Groundwater Aquifer Recharge Sub-Element ............................... 3-11 3.E Solid Waste Sub-Element ................................................................................ 3-11 Goal 4 Conservation Element ......................................................................................................... 4-1 Goal 5 Recreation & Open Space Element .................................................................................... 5-1 Goal 6 Housing Element .................................................................................................................. 6-1 Goal 7 Coastal Management Element ............................................................................................ 7-1 Goal 8 Intergovernmental Coordination Element ...................................... ~ ................................. 8-1 Goal 9 Capital Improvements Element 9.A Sanitary Sewer .................................................................................................. 9-1 9.B Potable Water ................................................................................................... 9-1 9.C Parks .................................................................................................................. 9-2 9.D Public Services .................................................................................................. 9-5 Goal 10 Public School Facilities Element ......................................................................................... 10-1 Goal 1 Objective 1.1 Policy 1.1.1 Policy 1.1.2 Policy 1.1.3 Policy 1.1.4 Policy 1.1.5 Objective 1.2 Policy 1.2.1 City of Boynton Beach Future Land Use Element Goals, Objectives, and Policies Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts; maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resources. Land development shall be accomplished in a manner which minimizes erosion, flooding, and other problems due to topography. The City shall continue to adopt and enforce regulations to provide that development sites be graded so that no slope exceeds a ratio of 1:4. The City shall adopt and enforce regulations that prohibit the destruction of oceanfront dunes. The City shall continue to enforce regulations which requires that all buildings shall be constructed with the minimum first floor elevation above the 100-year flood elevation. Construction of buildings, structures, and infrastructure shall comply with the City's Flood Damage Prevention Ordinance which shall comply with the requirements of the National Flood Insurance Program, and the Coastal Construction Building Code which shall comply with Chapter 161, Florida Statutes, as well as applicable regulations of the South Florida Water Management District and Lake Worth Drainage District. The City shall continue to adopt and enforce regulations that prohibit the removal of rock or soil fi:om property, except to the extent necessary to prepare a site for development. The City shall continue to adopt and enforce regulations to provide that the grading of development sites shall take into consideration the existing and future grade of adjacent properties and rights-of-way. The City shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is not economical to remove or treat unsuitable soils that would adversely affect the performance of infrastructure, buildings and other structures,-and drainage. Furthermore, require land development and construction to be accomplished in such a manner so as to prevent unsuitable soils from adversely affecting the performance of infrastructure, building and other structures, and drainage. The City shall continue to adopt and enforce regulations to prohibit development of urban land uses where the removal or treatment of unsuitable City of Boynton Beach Comprehensive Plan Amendments 01-01 1-1 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 soils would be uneconomical, provide that unstable soils shall be removed in all construction and land development sites where these soils would affect the performance of infrastructure, drainage, and buildings or other structures. Policy 1.2.2 The City shall continue to adopt and enforce regulations to require that soils be tested and results of same submitted with building permit applications, in accordance with the Southern Standard Building Code as amended by the Minimum Palm Beach Countywide Amendments. Policy 1.2.3 The City shall continue to adopt and enforce regulations to provide that the bearing capacity of soils meet, at a minimum, the requirements of the Southern Standard Building Code as amended by the Minimum Palm Beach Countywide Amendments. Policy 1.2.4 The City shall continue to adopt and enforce regulations to require that soils be tested and the results of same submitted with subdivision plans, and, if necessary, in the course of subdivision construction. Policy 1.2.5 The City shall continue to adopt and enforce regulations that require subdivisions to be designed and constructed so as to remove unstable or impervious soils which would adversely affect the performance of buildings, structures, infrastructure, or drainage. Objective 1.3 Land development and future land uses shall be coordinated with the provision of road rights-of-way and road improvements so as to maintain the levels of service established in the Traffic Circulation Element. Policy 1.3.1 The City shall continue to adopt and enforce regulations that requires development orders be conditioned upon the provision of road improvements and/or payment of road impact fees, to Palm Beach County and/or the City, so as to maintain the levels of service established in the Transportation Element. Site-related traffic improvements, including turn lanes and traffic signals shall also be provided, or payment of fees for same made, so as to provide for safe and efficient traffic flow on or adjacent to the site. Policy 1.3.2 Reserved. Policy 1.3.3 The City shall continue to adopt and enforce regulations that require Development Orders be conditioned upon the dedication of road right-of-way in accordance with the thoroughfare plan contained in the Traffic Circulation Element. Policy 1.3.4 The City shall continue to adopt and enforce regulations to require that subdivisions be designed so that individual lots have access to an internal street system, and that limited access easements be provided along collector and arterial roads to control access to same. City of Boynton Beach Comprehensive Plan Amendments 01-01 1-2 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.3.5 Policy 1.3.6 Policy 1.3.7 Policy 1.3.8 Objective 1.4 Policy 1.4.1 Policy 1.4.2 Policy 1.4.3 Policy 1.4.4 The City shall continue to adopt and enforce regulations to require that all development projects be designed so as to minimize the number of driveways and access roads which intersect thoroughfares, and shall require that these driveways and access roads be designed and located to allow for signalization, wherever possible. The City shall continue to adopt and enforce regulations to require that major collector roads in residential development projects be designed and constructed as public roads, wherever possible. The City shall continue to adopt and enforce regulations to require that roads within adjacent or nearby development projects be coordinated, and that access roads which intersect thoroughfares be aligned wherever possible. The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. Land development and future land uses shall be coordinated with the provision of potable water facilities in order to ensure that the levels of service established in the Potable Water Sub-Element are met. The City shall continue to adopt and enforce regulations to require that all construction and development projects in the City and its water service area connect to the City's water system, excluding agricultural uses, and single- family detached dwellings with a lot area of one acre or more. The City shall continue to adopt and enforce regulations to require that all construction and development projects provide water transmission facilities to serve the project, or pay for the cost of same, in order to provide water service which at least meets the level of service set forth in the Potable Water Sub- Element. The City shall continue to adopt and enforce regulations to require that all construction and development projects pay a capital facilities charge for water supply, treatment, storage, and related capital facilities for the water system, which is approximately equal to the proportionate cost of these capital facilities as are needed to at least meet the levels of service established in the Potable Water Sub-Element. The City shall continue to adopt and enforce regulations to limit the density, intensity, type, extent, and location of land uses to those which can be accommodated by the potable water system and planned improvements thereto, as described in the Potable Water Sub-Element. City of Boynton Beach Comprehensive Plan Amendments 01-01 1-3 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.4.5 Policy 1.4.6 Policy 1.4.7 Policy 1.4.8 Policy 1.4.9 Policy 1.4.10 Objective 1.5 Policy 1.5.1 Policy 1.5.2 The City shall continue to adopt and enforce regulations to require that development orders not be issued if the potable water required to serve existing land uses and future land uses for which development orders have been issued would exceed the water which can be provided in accordance with the water use permit issued by the South Florida Water Management District. The City shall continue to adopt and enforce regulations to require connection to public water supply and extension of water lines to property boundaries in accordance with applicable Palm Beach County Environmental Control Rules. The City shall continue to adopt and enforce regulations to require that water service agreements specify the intensity and/or density of the land uses which would be served consistent with water and sewer policies under Objective 8.21 of the Intergovernmental Coordination Element. The City shall establish and implement procedures to oppose land development orders for land uses which are in the unincorporated area and adjacent municipalities which are within the City's water service area but do not obtain water service agreements from the City, except for aghcultural land uses and single-family detached dwellings with a lot area of one acre or more. The City shall continue to adopt and enforce regulations to provide water supply, treatment, and storage facilities in accordance with the schedule of capital improvements contained in the Potable Water Sub-Element and Capital Improvements Elements, in order to maintain the levels of service established in the Potable Water Sub-Element. The City shall consider establishing a plan by the year 2002 to phase in improvements to the City's water system using special assessment districts prioritizing those enclaves annexed in accordance with the 10-acre enclave annexation provisions. Land development and future land uses shall be coordinated with the provision of sanitary sewer facilities in order to ensure that the levels of service established in the Sanitary Sewer Sub-Element are met. The City shall continue to adopt and enforce regulations to require that all construction and development projects in the City and its sewer service area connect to the City's sanitary sewer system, excluding agricultural uses, and single-family detached dwellings with a lot area of one acre or more. The City shall continue to adopt and enforce regulations to require that all construction and development projects, provide sanitary sewer collection and transmission facilities to serve the project, or pay for the cost of same, in order City of Boynton Beach Comprehensive Plan Amendments 01-01 1-4 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 to provide service which at least meets the level of service set forth in the Sanitary Sewer Sub-Element. Policy 1.5.3 The City shall continue to adopt and enforce regulations to require that all construction and development projects pay a capital facilities charge for sewage treatment and disposal and related capital facilities for the sanitary sewer system, which is approximately equal to the proportionate ~cost of these capital facilities as are needed to meet the levels of service established in the Sanitary Sewer Sub-Element. Policy 1.5.4 The City shall continue to adopt and enforce regulations to limit the density, intensity, type, extent, and location of land uses to those which can be accommodated by the sanitary sewer system and planned improvements thereto, as set forth in the Sanitary Sewer Sub-Element. Policy 1.5.5 The City shall continue to adopt and enforce regulations to require connection to the City's sanitary sewer system and extension of sewer lines to property boundaries in accordance with applicable Palm Beach County Environmental Control Rules. Policy 1.5.6 The City shall establish and implement procedures to oppose land development orders for land uses which are in the unincorporated area and adjacent municipalities which are within the City's sewer service area but do not connect to the City's sewer system, except for agricultural uses, and single- family detached dwellings with a lot area of one acre or more located within areas not served by City sewer. Policy 1.5.7 The City shall continue to adopt and enforce regulations to provide sanitary sewer facilities in accordance with the schedule of capital improvements contained in the Sanitary Sewer Sub-Element and Capital Improvements Elements, in order to maintain the levels of service established in the Sanitary Sewer Sub-Element. Policy 1.5.8 The City shall consider establishing a plan by the year 2002 to phase in improvements to the City's sewer system using special assessment districts prioritizing those enclaves annexed in accordance with the 10-acre enclave annexation provisions. Objective 1.6 Land development orders and future land uses shall be coordinated with the solid waste collection and disposal facilities which are operated by the Palm Beach County Solid Waste Authority, so as to meet the level of service established in the Solid Waste Sub-Element. Policy 1.6.1 The City shall establish and implement procedures to provide notification to the Palm Beach County Solid Waste Authority of any changes to the Future Land Use Plan which would substantially increase the volume of solid waste City of Boynton Beach Comprehensive Plan Amendments 01-01 1-5 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.6.2 Policy 1.6.3 Objective 1.7 Policy 1.7.1 Policy 1.7.2 Policy 1.7.3 Policy 1.7.4 that would be generated compared to the uses which would be permitted under the existing plan. The City shall continue to adopt and enforce regulations to prohibit approval of any increases in the intensity or densities, above those which are shown on the Future Land Use Plan, which would substantially increase solid waste volumes compared to the uses which would be permitted under the existing plan, unless the Palm Beach County Solid Waste Authority verifies that solid waste collection and disposal facilities can accommodate the increase. The City shall continue to adopt and enforce regulations to require cessation or delay the issuance of development orders, or require phasing of same, as appropriate, if the City is notified by the Palm Beach County Solid Waste Authority that adequate solid waste collection and disposal capacity is not available to serve these development projects. Land development and future land uses shall provide flood protection and drainage facilities which protect buildings from flooding up to the lO0-year flood elevation, and shall be consistent with all other agency applicable regulations and requirements. In the case of conflicts, the most stringent regulations shall apply. The City shall adopt and enforce procedures to ensure that all land development orders be conditioned upon obtaining required approvals and permits fi.om the South Florida Water Management District and/or Lake Worth Drainage District, prior to submitting final construction plans to the City. The City shall adopt and enforce procedures to ensure that all land development orders be conditioned upon the reasonable dedication of canal rights-of-way and construction or reconstruction of drainage canals, as required by the South Florida Water Management District and Lake Worth Drainage District. The City shall continue to adopt and enforce a Flood Damage Prevention Ordinance which shall comply with the requirements of the National Flood Insurance Program, and a Coastal Construction Building Code which shall comply with applicable provisions of Chapter 161, Florida Statutes. Conformance with the National Flood Insurance Program is monitored by the Federal Emergency Management Agency on a yearly basis which may include an office audit to assess conformity with federal laws. The City shall continue to adopt and enforce stormwater management and flood protection requirements contained in the City's Subdivision and Platting Regulations, which shall at least meet, or incorporate, by reference, the City of Boynton Beach Comprehensive Plan Amendments 01-01 1-6 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 regulations of the South Florida Water Management District and the Lake Worth Drainage District. Policy 1.7.5 The City shall adopt and enforce regulations to require that all land development orders and permits are conditioned upon providing flood protection and, if necessary, drainage facilities which protect buildings from flooding up to the 100-year flood elevation, and are designed to aCcommodate a 3-year design storm for duration of the time of concentration for the watershed, and meet all applicable requirements of the South Florida Water Management District and Lake Worth Drainage District. All flood protection and drainage facilities which are necessary to meet these standards shall be authorized at the same time that development orders and permits are authorized. Objective 1.8 Land development projects and future land uses shall provide and/or be provided with parks and recreation facilities which comply with the park and facility recommendations and levels of service which are set forth in the Recreation and Open Space Element. Policy 1.8.1 The City shall continue to adopt and enforce regulations to require the dedication of public park land and/or private parks recreation facilities and/or fees in lieu thereof, in accordance with the policies and levels of service established in the Recreation and Open Space Element. The City shall also review the performance of these code provisions at least every five years. Policy 1.8.2 The City shall study the rates of the current general impact fee ordinance to collect fees for parks and recreation facilities from construction and development projects which are not subject to the park dedication requirement contained in the Subdivision and Platting Regulations, but which generate demand for these facilities, including unplatted residential projects, and infill development. Policy 1.8.3 The City shall continue to adopt and enforce regulations to provide active and passive public parks and recreation facilities to serve future populations and land uses, in accordance with the schedule of improvements contained in the Recreation and Open Space Element. Policy 1.8.4 The City shall prepare and consider either a mandatory or optional incentive program as a possible alternative to land dedication for beautification projects such as special landscape features, planting beds, and fountains, inclttding trust funds for continued maintenance. Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development City of Boy-nton Beach Comprehensive Plan Amendments 01-01 1-7 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.9.1 Policy 1.9.2 Policy 1.9.3 Policy 1.9.4 Policy 1.9.5 and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S: 1 and Martin Luther King Boulevard. The City shall adopt the design considerations from Table 24 in the Coastal Management Support Document (review and update as needed),-and continue the incremental implementation except where superseded by the Boynton Beach 20/20 Redevelopment Master Plan. The City shall implement the Boynton Beach 20/20 Redevelopment Master Plan by revising City regulations and codes, the Comprehensive Plan including amendments to the Future Land Use Map and the addition of new policies, the Community Redevelopment Plan, and all plans and guidelines specific to areas impacted by the Boynton Beach 20/20 Redevelopment Master Plan. Revisions to these documents should include changes which either include appropriate consolidations of plans affecting similar areas, or changes which increase the consistency between these plans and regulations. The City shall implement the current expanded Community Redevelopment Area consistent with the proposed area delineated in the adopted Boynton Beach 20/20 Redevelopment Master Plan. Redevelopment of "The Ocean District" as defined in the Boynton Beach 20/20 Redevelopment Master Plan should be emphasized when considering marina and similar types of development approvals. The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and tmifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S.1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue fi-om the Marina to Seacrest Boulevard; and; · Golf Road between U.S. 1 and Seacrest Boulevard. City of Boynton Beach Comprehensive Plan Amendments 01-01 I-8 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can b_e conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shall be minimal. If a private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress" process. Objective 1.10 Policy 1.10.1 Policy 1.10.2 Policy 1.10.3 Policy 1.10.4 Objective 1.11 The City, by the Year 2002, shall complete a study of all nonconforming uses to determine magnitude, type, and value for the City Commission to review and to take action to eliminate nonconforming commercial and industrial uses which are located in residential zoning districts, and all uses which create a significant nuisance or risk of fire, explosion, toxic, or other hazard to existing or future dwellings located in residential land use categories on the Future Land Use Map. The City shall require, in the zoning regulations, that all nonconforming commercial and industrial uses which are located in residential zoning districts be discontinued, modified to reduce nonconformity, or screened within 10 years of the adoption of this plan. The City shall evaluate all nonconforming commercial and industrial uses which cannot be modified or screened to eliminate significant nuisance or risk to existing or future dwellings located in residential categories on the Future Land Use Map, by nuisance abatement or amortization schedule. The City shall require, in the zoning regulations, that all bulk storage or sale of liquified petroleum gas which constitutes a principal use and which is located within 1,200 feet of property within residential zoning districts be discontinued within five years of the adoption of this plan. The City shall require, in the zoning regulations, that all bulk storage or distribution of other petroleum products which is located within 600 feet of property within residential zoning districts be discontinued within 10 years of the adoption of this plan. Land development and future land uses shall include provisions for the protection of native habitat, preservation of existing trees (other than undesirable exotic vegetation), minimizing surface and groundwater pollution, minimizing air pollution, preserving of wetlands, and City of Boynton Beach Comprehensive Plan Amendments 01-01 1-9 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.11.1 Policy 1.11.2 Policy 1.11.3 Policy 1.11.4 Policy 1.11.5 Policy 1.11.6 Policy 1.11.7 preserving archaeological resources and historic buildings through implementation of the policies below. The City shall continue to adopt and enforce regulations to require the preservation of mangrove trees, except for an overriding public purpose, and small stands and clumps xvhich are only intermittently connected to the waters of Lake Worth and the Intracoastal Waterway and do not perform a significant function in the aquatic food chain. Removal of mangroves will be subject to the approval of those regulatory agencies vested with this responsibility. The City shall continue to adopt and enforce regulations to require the preservation of native habitat, endangered species, and native vegetation by continued action in accordance with the policies contained in the Conservation Element. The City shall continue to adopt and enforce regulations to require littoral zone plantings around bodies of water and continued enforcement of pertinent regulations in accordance with the policies contained in the Conservation Element. The City shall continue to require the mitigation, protection and preservation of wetlands and deepwater habitat and continued enforcement of pertinent regulations in accordance with the Conservation and Coastal Management Elements, and the policies concerning wetland and deepwater habitat which are contained in the Treasure Coast Regional Comprehensive Policy Plan. The City shall continue to adopt and enforce regulations to review and regulate uses which could potentially contaminate groundwater, through the City's Environmental Review Permit procedure, and enforcement of pertinent regulations and performance standards which are related to groundwater protection. The City shall continue to adopt and enforce regulations to require percolation of the first one-half inch of stormwater nmoff into grassy swales or other landscaped areas, through the enforcement of pertinent regulations, and require inlets and catch basins to be located in grassy swales or other landscaped areas, except on sites of less than one-half acre where the application of this requirement would not be reasonable. The City shall, through the enforcement of pertinent regulations, continue to require that property which has been cleared be seeded and mulched within 30 days, in order to minimize blowing soil, unless the developer diligently proceeds with the construction of buildings, infrastructure, or other improvements to the site. City of Boynton Beach Comprehensive Plan Amendments 01-01 1-10 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 Policy 1.11.8 Policy 1.11.9 Policy 1.11.10 Policy 1.11.11 Policy 1.11.12 Policy 1.11.13 Objective 1.12 Policy 1.12.1 The City shall continue to adopt and enforce regulations, as well as, new or revised policies within, and revisions to the Transportation ]~lement to require that development projects include the provision of facilities for pedestrian and bicycle transportation, and mass transportation, wherever practical, in order to reduce air pollution fi:om automobiles. The City shall, through the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development site, or the discovery of archaeological artifacts during project construction, the developer shall stop construction in-that area and immediately notify the Division of Archives, History and Records Management, in the Florida Department of State. Proper protection to the satisfaction of the division shall be provided by the developer. The City shall annually request local historical societies to review the lists and maps of historic properties contained in the completed historical survey for annual additions of eligible properties to these lists and maps. The City Commission shall be allowed to adopt and/or revise the lists and/or maps of historical properties which are shown in the historic survey and the Comprehensive Plan, by resolution for recording with the state. By 2002, the City shall prepare and adopt a historic preservation ordinance to implement the recommendations of the Historic Site Survey. The City shall continue to enforce existing development regulations that provide for open space preservation by requiring the preservation of 25% of all "A", "B", and "C" rated sites of l0 or more acres. These standards shall be placed as the conditions of approval for development orders and permits where applicable. The City shall designate compatible dredge spoil disposal sites consistent with state and federal laws and roles and in sufficient size and number to ensure continued availability throughout the planning period to the year 2015. Coastal area population densities shall not be increased above the number that can be accommodated by streets and roads in the event that hurricane evacuation is necessary and shall be limited to those areas that are planned to accommodate such development through the provision of adequate public facilities and services. Such development must meet minimum standards for High Velocity Hurricane Zones as requil~ed by the Florida Building Code. The City shall adopt and enforce regulations to require that all new residential developments of more than 50 units, which are located in the Hurricane Evacuation Zone, will provide continuing information to residents concerning City of Boynton Beach Comprehensive Plan Amendments 03-01 1-11 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 hurricane evacuation and shelters through the establishment of a homeowners' or residents' association. Policy 1.12.2 The City shall adopt and enforce regulations to require that all new residential projects of 100 dwelling units or more, which are located in the Hurricane Evacuation Zone, shall formulate an emergency hurricane preparedness plan and shall provide the plan to all residents; this plan is subject to the approval of the City's Risk Management Officer. Objective 1.13 Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. Policy 1.13.1 The City shall provide water and sewer service, according to appropriate contribution requirements, to all existing and proposed urban land uses within the water and sewer service areas delineated in the Potable Water and Sanitary Sewer Sub-Elements, up to the densities and intensifies which were utilized in planning the water and sewer systems. Policy 1.13.2 The City shall initiate an evaluation of the current regulations and incorporate development recommendations contained in the Boynton Beach 20/20 Redevelopment Master Plan. Policy 1.13.3 The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. Policy 1.13.4 The City shall further discourage urban sprawl; Ao Prevent the presence or fi'equency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and City of Boynton Beach Comprehensive Plan Amendments 03-01 1-12 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 Objective 1.14 Policy 1.14.1 Policy 1.14.2 Policy 1.14.3 Policy 1.14.4 Objective 1.15 Policy 1.15.1 Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. The City shall ensure the availability of land for utilities by evaluating the need for such land, particularly in the review of development projects, and allowing adequately-zoned land for same. The City shall adopt and enforce regulations to require the dedication of sites, easements, and rights-of-way for utilities which are needed to serve the project and surrounding land uses, as a condition of the approval 6fdevelopment plans. The City shall, as a part of the review and approval of development projects, adopt and enforce regulations to evaluate the need for sites for major utility and public facilities and require dedication of same, without penalty for the density or intensity of use, where doing so would be reasonably possible; otherwise consider the purchase of property, if dedication of land is not feasible. The City shall allow wellfields to be located in any land use category or zoning district. The City shall adopt and enforce regulations to allow utility facilities to be located in any land use category or zoning district, but require site plan and landscaping review and screening for these facilities, where appropriate, and maintenance by HOA. The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. The City shall continue to allow mixed commercial/residential uses in the C-3 Community Commercial zoned portion of the Local Retail Commercial land use category and Mixed Use land use category, and Central Business zoning districts, in accordance with the zoning regulations for these districts, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. For such mixed use projects located in the Local Retail Commercial land use category, the maximum density shall be 10.8 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policyl.16.2. These commercial and residential land use intensities shall not both be applied to the same land area, except where specifically permitted in the Land Use Problems and Oppommities section contained in the Future Land Use Element support documents. Any mix of commercial and residential land uses shall be allowed, City of Boynton Beach Comprehensive Plan Amendments 01-01 1-13 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 however. Where such projects would be located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities may both be applied to the same land area, and any mix of commercial and residential land uses shall be allo~ved. Policy 1.15.2 The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. For such mixed use projects located in the Local Retail Commercial land use category, the maximum density shall be 10.8 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commerCial and residential land use intensities shall not both be applied to the same land area, except where specifically permitted in the Land Use Problems and Opportunities section contained in the Future Land Use Element support documents. Any mix of commercial and residential land uses shall be allowed, however. For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed. Policy 1.15.3 The City shall continue to adopt and enforce regulations to allow mixed commercial/industrial uses if approved as such in the Industrial land use category, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. The specific types commercial and industrial uses shall be limited to those listed for the Industrial land use category under Policy 1.16.1. For commercial/industrial projects over 10 acres, not more than 50% of the net acreage shall be devoted to commercial uses. For commercial/industrial projects of less than 10 acres, there shall be no limitations concerning the mix of commercial and industrial uses. Any commercial/industrial projects with an area of 20 or more acres shall require approval as a Planned Industrial District. Maximum lot coverage and building heights for such projects shall be in accordance with Policy 1.16.1. Policy 1.15.4 The City shall continue to adopt and enforce regulations to allow mixed commercial/warehouse uses if approved as such in the Industrial, General Commercial, and Local Retail Commercial land use categories where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. The specific types commercial and City of Boynton Beach Comprehensive Plan Amendments 01-01 1-14 Date: January 16, 2001 Future Land Use Element Ordinance No. 01-00 warehouse uses shall be limited to those listed for the particular land use category in which the project lies, in accordance with Policy 1.16.1. For commercial/warehouse projects of 10 or more acres located in the Industrial land use category, not more than 50% of the net acreage or floor area shall be devoted to commercial uses; if less than 10 acres, there shall be no limitations concerning the mix of commercial and warehouse uses. For commercial/ warehouse projects located in the Local Retail Commercial and General Commercial land use categories there shall be no limitations concerning the mix of commercial and warehouse uses, however, any such projects of three or more acres in the Local Retail Commercial land use category shall, require approval as a Planned Commercial Development zoning district. Maximum lot coverage and building heights for such projects shall be in accordance with Policy 1.16.2. Objective 1.16 The City shall continue to regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan. Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems .and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. The uses allowed under each land use category shall be construed to be the maximum range of uses, but shall not indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics that are very similar to those uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominium, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and City of Boynton Beach Comprehensive Plan Amendments 03-01 1-15 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non- conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the u~se of the entire mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations ~vhich have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities,, set forth in the land uses categories .below, if these recommendations are more restrictive. Low Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. Density bonuses up to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the elderly in the Low and Moderate City of Boynton Beach Comprehensive Plan Amendments 03-01 1-16 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 Density Residential land use categories, on sites whic_h are specifically designated as such on the Future Land Use Plan.- Moderate Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 4.84 dwelling units per acre, but does not exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 7.26 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities xvhich are comparable to ,this density in character or impact. Medium Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling units per acre, but does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 9.68 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five per.cent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. A Floor Area Ratio (FAR) up to 0.10 may be considered for non-residential uses. High Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning City of Boynton Beach Comprehensive Plan Amendments 03-01 1-17 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 regulations is greater than 9.68 dwelling units per acre, but does not exceed 10.8 dwelling units per acre. Public, educational, and institt/tional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 10.8 d,~¥elling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities ~vhich are comparable to this density in character or impact. A Floor Area Ratio (FAR) up to 0.1 may be considered for non-residential uses. Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of, the designated Community Redevelopment Area identified as Planning Area I and Planning .Area V in the "Federal Highway Corridor Community Redevelopment Plan", adopted on May 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 20.0 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; and home occupations. Office and retail commercial uses may be considered if clearly accessory and subordinate to residential uses, occupying not more than ten percent of the area of a planned unit development. A Floor Area Ratio (FAR) up to 0.20 may be considered for non-residential uses. Office Commercial: This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-1 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: City of Boynton Beach Comprehensive Plan Amendments 03-01 1-18 Date: June 17, 2003 Future Land Use Element Ordinance No. 03-033 Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; stiff-ice storagc~t~ ~ ' ' ; schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses. A Floor Area Ratio (FAR) up to 0.40 may be considered for office commercial and related uses. Local Retail Commercial: This land use category shall consist of. all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-2 or C-3 districts, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non-hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, and the like; also, high-density residential (maximum 10.8 dwellings units per acre), including mixed use developments. A Floor Area Ratio (FAR) up to 0.50 may be considered for local retail commercial uses. Mixed Use: This land use category shall consist of all Mixed Use-Low Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professional, and administrative offices; retail uses, personal services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places of worship, elementary and high schools, and day-care services; governmental uses and activities; civic organizations and community centers; home occupations. City of Boynton Beach 1-19 Compr~Pla~ ........... Amendments 03-01 Date: December 2, 2003 Ordinance No. 03-039 Land use types shall be permitted according to the-following ranges, expressed as a percentage of the total area in this plan category. The percentages shall be applied on an areawide basis but shall not be interpreted to require development with a mixture of such uses. Ranges of Allowable Percentages of Land Use Within the Area: Residential: 70%-90% Commercial (including office development): 10%-30% The cumulative development in these areas shall be monitored annually to ensure that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 1.5 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use category; however, a FAR of up to 2.0 may be considered for developments immediately abutting the Mixed Use-Core land use category or meeting other locational criteria. All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. Mixed Use-Core: This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Furore Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professional, and administrative offices; retail uses, personal services, day-care services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 80 dwelling units per acre; places of worship; governmental uses; home occupations. Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan category. The percentages shall be applied on an areawide basis but shall not be interpreted to require development with a mixture of such uses. City of Boynton Beach 1-20 Date: December 2, 2003 c-.....,~.~h,~..o;..o m~,~ ................. Futm~Eaml Use El~m~at- ~en~en~ 03-01 ~ce No. 03-039 Ranges of Allowable Percentages of Land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%- 70% The cumulative development in these areas shall be monitored annually to ensure that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land Us~e category. For the Mixed Use-Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses Industrial: This land use category shall consist of all M-1 and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovem~tioned zoning districts are shown on the Future Land Use Map within the Industrial land use category The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of City of Boyaton Beach Amendments 03-01 1-21 Date: December 2, 2003 .......................... Futuxe Land-~ Ordinance No. 03-039 home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, find the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. A Floor Area Ratio (FAR) up to 0.50 may be considered for industrial land uses. Agriculture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an interim or long-term use; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwelling per five acres. A Floor Area Ratio (FAR) up to 0.05 may be considered for non- residential uses. Recreational: This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the Intracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Governmental/Institutional: This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools that were in existence City of Boynton Beach 1-22 Co~-~rehensive Plan-- ........... Amendments 03-01 Date: June 17, 2003 Fu,~arc Land lJse-Element Ordinance No. 03-033 prior to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reaso_nable category that is agreed upon by the City and the Palm Beach CountY School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/Institutional land use category, however, only if shown as such on the Future Land Use Plan. ' The uses 'allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facihties; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities. Conservation Overlay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development fights from these sites, for the purpose of preserving more than 25% of the native habitat on site. Conservation: The City shall apply a CON Conservation land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. No development is allowed in the Conservation land use category. Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, siguage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, City of Boynton Beach Co~rehemive ?!ay.~ Amendments 03-01 1-23 Date: June 17, 2003 Ordinance No. 03-033 Policy 1.16.2 Policy 1.16.3 Objective 1.17 Policy 1.17.1 Policy 1.17.2 amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S. 1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. The City shall continue to enforce the land development regulations to provide that the maximum floor/area ratio in non-residential land use categories shall be limited by the maximum lot coverage, the maximum height, and the parking, landscaping, and storrnwater retention requirements contained in the City's Code of Ordinances. However, in no case shall the lot coverage exceed 50% in commercial, recreational, and public usage zoning districts, other than the Central Business District zoning district, which shall not exceed 85% and 60% in zoning districts which are included in the Industrial land use category. The City shall continue to enforce the land development regulations to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Usc Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory. Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts. The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Us~ Map, except where access is greatest and impacts on residential land uses are least. The City shall continue to utilize and enforce performance standards in the City's zoning regulations. City of Boynton Beach Comprehe_nsivePla~ Amendments 03-01 1-24 Date: June 17, 2003 Futm'e-Eax~Use -Etcmem Ordinance No. 03-033 Policy 1.17.3 Policy 1.17.4 Policy 1.17.5 Objective 1.18 Policy 1.18.1 Policy 1.18.2 Objective 1.19 Policy 1.19.1 Policy 1.19.2 The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. The City shall adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer walls. The'City shall continue to maintain and improve the character of.existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The City shall continue to require on-site vehicular loading areas, streets, and parking lots ,to be designed and sized to provide the maximum reasonable degree of safety and convenience. The City shall continue to enforce the City's Parking Lot Regulations and the street design requirements contained in the Subdivision and Platting Regulations. These regulations shall meet or exceed the design standards used by the Florida Department of Transportation, unless alternative standards can be justified. Review the performance of these code provisions at least every five years. The City shall continue to require provision of parking spaces in accordance with the City's Code of Ordinances, which shall ensure to the extent which can be reasonably determined, that adequate parking is provided on 95% of the days throughout the year. Review the performance of these code provisions at least every five years. The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices, commercial uses to ultimately increase tax base, employment opportunities, recreation and open space opportunities, and public uses including school sites for both existing and projected populations, provided that all other comprehensive plan policies are complied with. The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-low, low-, and moderate income households and for mobile homes. The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if City of Boynton Beach Con~rehe-_sive P!~_n Amendments 03-01 1-25 Date: June 17, 2003 -Fur-are Land Use~temem Ordinance No. 03-033 Policy 1.19.3 Policy 1.19.4 Policy 1.19.5 Policy 1.19.6 Policy 1.19.7 Policy 1.19.8 Policy 1.19.8.a the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis. The City shall continue to support the designation, by Palm Beach County, of future industrial land uses in the vicinity of Boynton Beach .Boulevard and Florida's Turnpike, and consider allowing such sites at the northeast comer of Old Boynton Road and Congress Avenue, if approved as part of a Development of Regional Impact or an Areawide Development of Regional Impact. The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries. The City shall continue to adopt and enforce regulations to allow for commercial acreage which can accommodate the approximate demand for commercial acreage which has been projected in the Future Land Use Element. The City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially- zoned property, and the commercial use would comply with all other applicable comprehensive plan policies. The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. The City shall continue to adopt and ~fforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category. Furore public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Government/Institutional land use designations. Designated sites shall comply with state law and the following locational and design criteria; At a minimum, the threshold acreage for new schools shall be as follows: Elementary Schools: A minimum of four acres for the first 200 students, plus one acre for each additional 100 students. City of Boyaton Beach Amendments 03-01 1-26 Date: June 17, 2003 Future Laa~:~Eqemeat~ Ordinance No. 03-033 Middle Schools/Junior High Schools: A minimum of six acres for the first 300 students plus one acre for each additional 100 students. c) Senior High Schools: A minimum of Seven acres for the first 300 students plus one acre for each additional 50 students up to 1,000 students, plus one acre for each additional 100 students thereafter. Policy 1.19.8.b d) Area Vocational-Technical School: A minimum of 20 acres for the first 500 students plus one acre for each additional 50 students up to 1,000 students. e) Community College: A main campus site shall be a minimum of 100 acres. Each separate center site shall contain a minimum of 40 acres for the first 500 students plus two acres for each additional 100 students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads and appropriate bus stops are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement fi.om the service provider assuring adequate capacity is available. Policy 1.19.8.c Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. Policy 1.19.8.d The City shall request that the School Board submit for review information on renovations, additions, and proposed expansions to property owned by the School Board to assure the availability of public facilities and land use consistency, as the proposal relates to future planned improvements. Policy 1.19.8.e Policy 1.19.8.f Planners for the School Board, County, and the City shall be included in both the development of the school location criteria and the school siting process. Development of school location criteria should be initiated and the location of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the new schools. Policy 1.19.8.g The City and School Board planners should consider making schools and their location the focal point for new developments. Policy 1.19.8.h The City shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. Policy 1.19.8.i During pre-development program planning and site selection activities, the City, as service provider, will coordinate with the Palm Beach County Public School system to consider all reasonable opportunities to collocate new libraries, parks, and other facilities with public schools, where compatible, and City of Boyaton Beach Comprehensive Plan Amendments 03-01 1-27 Date: June 17, 2003 Ordinance No. 03-033 the potential exists to create logical focal points for community activities. Early review and coordination will be modified as necessary to timely consider these potentials. In conjunction with co-locational facilities, efforts shall be made to provide access for bicyclists; pedestrians and transit riders fi.om collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-site amenities to be serviced by mass transit or community shuttle services. Policy 1.19.9 The City shall continue to adopt and enforce regulations to place sites of three or more acres which are occupied or are planned to be occupied by government uses, utilities, hospitals, places of worship, and p~vate schools, in the Public and Private Governmental/institutional land use category, except where such uses are located in the Central Business District zoning district or in planned zoning districts. Policy 1.19.10 The City shall adopt and enforce regulations to place sites of two or more acres which are occupied or planned to be occupied by public parks and recreation facilities, and where applicable, private parks and recreation facilities for residential projects, in the Recreation land use category, except where such uses are located in the Central Business District zoning district or in planned zoning districts. Objective 1.20 The City shall regulate subdivision of land by continuing to require that the creation of more than three parcels either at one time or cumulatively since 1978 be platted and developed in accordance with the Subdivision and Platting Regulations. Policy 1.20.1 The City shall adopt and enforce requirements for the provision and design of potable water, sanitary sewer, and drainage facilities, stormwater treatment, roads, pedestrian and/or bicycle paths, and parks and recreation facilities; site clearing and grading, removal of unsuitable soils, stabilization of soils, provision of sites for schools, utilities, wellfields, and other public uses, including easements and/or rights-of-way for same; and consistency with the Furore Land Use Plan and zoning regulations. Policy 1.20.2 The City shall establish and implement procedures to review the performance of the subdivision regulations at least once every five years. Objective 1.21 The City shah adopt the land development regulations to prevent signs which are hazardous or aesthetically obtrusive. Policy 1.21.1 The City shall review, and process necessary revisions to the City's sign ordinance consistent with current City direction, and review the performance of this ordinance at least once every five years. Policy 1.21.2 The City shall adopt and implement an amendment to the land development regulations to remove nonconforming signs and billboards through an amortization program. City of Boynton Beach ~lan Amendments 03-01 1-28 Date: June 17, 2003 Future Land UseElcmcnt Ordinance No. 03-033 Policy 1.21.3 Objective 1.22 Policy 1.22.1 Policy 1.22.2 Policy 1.22.3 Policy 1.22.4 Objective 1.23 Policy 1.23.1 The City shall establish and implement a public education program emphasizing the value of sign regulation in terms of nuisance control and land value enhancement. In keeping with the "New Urbanism" principles established as guidelines for development, the City shall incorporate the following policies in its redevelopment and neighborhood planning activities in keeping with the Visions 20/20 recommendations. The Community shall be defined by a series of walkable neighborhoods. The neighborhoods shall have a clearly defined center and edge. The distance between the two should be no more than a five-minute walk. Streets shall be laid out as networks. Each street shall be functional and safe for both the car and the pedestrian/bicyclist. The City shall look to civic buildings as providing places of assembly and be predominately located so as to contribute to the identity of each neighborhood, they should also be designed to serve as symbols of pride for the Community. Neighborhoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be in walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. In the City's downtown areas the following standards are to be emphasized: 1. Mixed-use buildings are appropriate; 2. Height of buildings to be consistent with the City of Boynton Beach Vision 20/20 Redevelopment Plan; 3. Density should be higher at the center and radiate out into edges with lower density; 4. Streets should be pedestrian-fi-iendly and safe, not totally designed for the automobile. As a part of Urban lnfiil and redevelopment strategies, higher densities and intensities will be encouraged in the Urban Core. Pursuant to Section 380.06(2)(e), Florida Statutes and Rule 28-24.014(1), F. A. C., the Urban Central Business District, as dePicted on the Future Land Use Map, is hereby established to increase the development of regional impact guidelines and standards. These increased thresholds shall apply .only to those developments approved after the effective date of the implementing ordinance (Ordinance 03-039). For residential, hotel, office or retail developments, the applicable guidelines and standards shall increase by 50 percent. City of Boynton Beach Comprehensive Plan Amendments 04-01 1-29 Date: April 20, 2004 Future Land Use Element Ordinance 04-024 Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 100%, provided that one land use of the multi-use development is residential, and that residential development amounts to not less than 35 percent of the city's applicable residential threshold. Policy 1.23.3 If any portion of a proposed development is located outside the delineated Urban Central Business District, the increased guidelines and standards of Rule 28-24.014(10), F. A. C., shall not apply. City of Boynton'Beach Comprehensive Plan Amendments 04-01 1-30 Date: April 20, 2004 Future Land Use Element Ordinance 04-024 URBAN CENTRAL BUSINESS DTSTI~CT Location l~lap 4TH AVE City of Boynton Beach Comprehensive Plan Amendments 04-01 1-31 Date: April 20, 2004 Future Land Use Element Ordinance 04-024 Goal 2 Objective 2.1 Policy 2.1.1 Policy 2.1.2 Policy 2.1.3 City of Boynton Beach Transportation Element Goals, Objectives, and Policies To develop and maintain a transportation system which will serve the transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner. The City shall continue to provide a transportation network based on the following minimum level of service standards: · Level of Service "C" or better under daily and peak hour conditions on all unspecified City and collector highway facilities. Level of Service "C" for average daily and Level of Service "D" for daily peak season and year-round peak hour conditions on all non- specified arterial facilities. Level of Service "D" for year-round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US I between Boynton Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. Level of Service "Maintain" 1-95 from Boynton Beach Boulevard to Woolbright Road, Boynton Beach Boulevard from Old Boynton Road to 1-95, Congress Avenue from Boynton Beach Boulevard to the south City limits and Hypoluxo Road east of 1-95. The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of public transportation facilities needed to maintain the minimum level of service adopted by the City. The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special Transportation Areas" for those roads with operational standards less than Level of Service "D". The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-1 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Policy 2.1.4 Policy 2.1.5 Objective 2.2 Policy 2.2.1 Policy 2.2.2. Policy 2.2.3 Policy 2.2.4 Objective 2.3 Constrained facilities and not cause adopted level of service standards to deteriorate on other roadways. The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except where reasonable~ exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. The City shall continue to implement the future Transportation Plan on a priority basis and shall coordinate same with the City's Future Land Use Plan. Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. The City shall continue to establish and maintain an updated prioritized listing of short term (2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or otherwise lagging road improvements. Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address the need for any capacity or traffic calming/safety-related road improvements on an as needed basis. City of Boyaton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-2 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Policy 2.1.4 Policy 2.1.5 Objective 2.2 Policy 2.2.1 Policy 2.2.2. Policy 2.2.3 Policy 2.2.4 Objective 2.3 Constrained facilities and not cause adopted level of service standards to deteriorate on other roadways. The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. The City shall continue to implement the future Transportation Plan on a priority basis and shall coordinate same with the City's Future Land Use Plan. Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. The City shall continue to establish and maintain an updated prioritized listing of short term (2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or otherwise lagging road improvements. Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address the need for any capacity or traffic calming/safety-related road improvements on an as needed basis. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-2 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Policy 2.3.1 Objective 2.4 Policy 2.4.1 Policy 2.4.2 Policy 2.4.3 Policy 2.4.4 Policy 2.4.5 Policy 2.4.6 Measure: Number of case studies performed; Number of safety related improvements implemented. The City shall perform a traffic count and special traffic studies for local streets and collector roadways on an as needed basis. The City shall develop and maintain a safe, convenient, and energy efficient multi-modal transportation system which ~vill meet future as well as current transportation needs. Measure: Number of SOV auto trips converted estimated by peak hour load factor. to tran~ sit trips as Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. The City's engineering and police department shall continue to investigate local high crash locations to identify potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. The City shall continue to require unobstructed sight lines and non-obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of-way should emphasize the use of native vegetation. The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. The City shall, by the year 2002, modify and enforce regulations to include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive mm lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-3 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Objective 2.5 Policy 2.5.1 Policy 2.5.2 Policy 2.5.3 Policy 2.5.4 Objective 2.6 Policy 2.6.1 Policy 2.6.2 Objective 2.7 Explore all legally defensible alternatives for protection of public right- of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent to performance review. The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. The City shall modify and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Department of Transportation and/or Palm Beach County when corridor right-of-way maps are filed with the Palm Beach County Official Records Division. The City shall review and modify regulations to provide safe and efficient on- site circulation and parking for all vehicles if subsequent analysis determines that on-site design produces unsafe conditions. The City shall provide for private sector responsibility to implement project related transportation improvements. Measure: Amount of private sector highway improvements. The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 2-4 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. Policy 2.7.1 The City shall promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with particular emphasis on developed roadways such as US 1, or projected overcapacity arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to 1-95. as well as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. Policy 2.7.2 The City shall, if necessary, consider capacity improvements to US 1 and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Policy 2.7.3: Transportation Demand Management: The City shall support the County Metropolitan Planning Organization's establishment of a Transportation Demand Management program by 2003 as part of a congestion avoidance strategy to reduce the number of single occupant vehicles during peak traffic periods, either by trip reductions or by accommodating existing trips in fewer vehicles (e.g. trip reduction ordinance), or by moving some trips before or after the most congested periods. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private parmerships (e.g. Transportation Management Associations and/or Parking Management Associations). Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures:Decrease in average vehicle delay on City roadways; Increase in auto occupancy or car pool users. Policy 2.8.1 The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 2-5 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 Policy 2.8.2 The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. Policy 2.8.3 The City shall continue to support the Th-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Th-Rail to Florida East Coast Railroad upon feasibility of such. Policy 2.8.4 The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or envirhn2mental impacts (despite the state's recent decision to not fund this program). Objective 2.9 The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure-Increase in facilities which meet the criteria below. Policy 2.9.1 The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. Policy 2.9.2 The City, in conjunction with the recommendations from the Boynton Beach 20/20 Redevelopment Master Plan, the shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. Policy 2.9.3 The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.4 The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.5 The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. Policy 2.9.6 The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20/20 Redevelopment Master Plan. Objective2.10 The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 2-6 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 utilize the resulting plans to update the City's Transportation Element as appropriate. Policy 2.10.1 The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five-Year Transportation Improvement Program. Policy 2.10.2 The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. Policy 2.10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient mass transit services based on existing and future trip generators and attractors and also provide local mass transit road and terminal areas which are safe for transit users. Policy 2.11.1 The City shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Th-Rail Authority. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development projects. Policy 2.11.3 Reserved. Policy 2.11.4 The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule information. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 2-7 Date: June 20, 2000 Transportation Element Ordinance No. 00-29 City of Boynton Beach Utilities Element Goals, Objectives, and Policies Sanitary Sewer Sub-Element Goal 3A The City of Boynton Beach shall secure adequate capacity for treatment and disposal of wastewater, install and maintain adequate wastewater collection and transmission facilities, take steps to minimize wastewater flows, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Objective 3A. 1 Adequate Treatment and Disposal Capacity. Under the auspices of the interlocal agreement, the City of Boynton Beach will seek to secure reserve capacity at the South Central Regional Wastewater Treatment and Disposal Facilities that is adequate to eliminate existing deficiencies and to serve the City's needs through buildout. Build-out flows are estimated to be 16.8 million gallons per day, measured on a MMDF basis. Policy 3A. 1.1 The City shall maintain the adopted Level of Service Standard based on the provision of service at a level equal to at least 90 gallons per capita per day maximum month average daily flow for peak population. Policy 3A. 1.2 The City will continue to coordinate and renegotiate the existing agreement with the South Central Regional Wastewater Treatment and Disposal Board to secure wastewater treatment and disposal capacity equal to the flows estimated in the City's wastewater master plan every 5-years, or as often as necessary. Policy 3A. 1.3 The City shall permit development with individual septic tanks only in areas not served by City sewer for densities of 1 dwelling unit per acre or less. Policy 3A. 1.4 The City shall continue to participate in and support the State's policy to eliminate the discharge of inadequately treated wastewater and stormwater runoff into the waters of the state. Objective 3A.2 Adequate and Efficient Collection and Transmission Facilities. The City Of Boynton Beach will provide collection and transmission services to residential and non-residential customers, both inside and outside the City limits, adequate to meet flows projected in the City's wastewater master plan. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-1 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3A.2.1 Policy 3A.2.2 Policy 3A.2.3 Policy 3A.2.4 Policy 3A.2.5 Objective 3A.3 Policy 3A.3.1 Policy 3A.3.2 Policy 3A.3.3 Objective 3A.4 Policy 3A.4.1 The City shall size new collection and transmission facilities to meet buildout conditions, and include known redevelopment plans. The City will implement an annual maintenance program that will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. The City shall update the master plan for facility expansion on an annual basis based upon development and growth. The City shall require that approved new developments will install sewer lines according to City specifications in order to receive development approval. The new lines will, in most cases, be deeded to the City. The City shall continue to require that new development will pay for its fair share of existing or planned capital facilities through a connection charge system. Minimize Wastewater lnfluent and the Disposal of Effluent. The City of Boynton Beach Will Minimize Wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing effluent where possible. The City shall maintain the Level of Service Standard for the existing water and wastewater service area. The average annual daily flow of wastewater delivered for treatment to the South Central Wastewater Treatment Plant will not exceed 70% of the average annual daily flow of treated water leaving the City's water treatment plant, adjusted for service area differences. The City shall make biennial estimates of infiltration and infioy to determine rates and locations. Where economically feasible, system improvements will be made to reduce these levels. The City shall continue to seek oppommities within the City limits to use treated wastewater effluent for irrigation purposes. Financing of System Improvements and Operations. The City of Boynton Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-service. The City shall operate the sanitary sewer system as an enterprise, such that all costs will be borne by utility customers, and revenues will be used for City of Boynton Beach EAR-based Comprehensive Amendments 00-1 ER Plan 3-2 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3A.4.2 Policy 3A.4.3 Objective 3A.5 Policy 3A.5.1 Policy 3A.5.2 Policy 3A.5.3 Objective 3A.6 Policy 3A.6.1 the benefit of those customers. The rate schedule for sanitary sewer services will be based on public utility cost-of-service principles. The City shall require that costs for the extension of service to new customers will be borne to the maximum extent possible by these new customers through a Capital Facilities Charge system. The City shall establish a reserve fund for routine system renewal and replacement to be maintained at a level equal to 120% of the previous year's expenditures for these purposes, or at the level required by bond covenants, whichever is greater. -: Prevention of Urban Sprawl. The City will prevent urban sprawl by requiring orderly, compact development of the sanitary sewer service area. The City will encourage infill development and redevelopment only in areas presently served adequately by sanitary sewer facilities. The City will extend sanitary sewer facilities through the service area in a systematic fashion. Services will be extended outside the City municipal limits up to two miles, as needed, in order to provide urban services within the City's franchise area. The City will discourage urban sprawl by requiring all approved new development to pay the full cost of extending sanitary sewer facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. The program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element shall be maintained. The City shall establish priorities for replacement, correcting existing deficiencies, and providing for future needs to be made according to need. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first. Issues related to public health shall receive first priority, issues related to providing the adopted level of service' shall receive second priority, and all other issues shall be implemented as needed to keep the system operationally efficient. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-3 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Stormwater Management Sub-Element Goal 3B The City of Boynton Beach will secure, maintain, and-finance adequate stormwater drainage facilities to provide protection from flooding, to prevent degradation of the quality of receiving waters, and to meet the requirements of designated land uses. Objective 3B.1 Adequate Facilities. The City. of Boynton Beach will continue to require and enforce standards of the South Florida Water Management District and the Lake Worth Drainage District such that sufficient stormwater drainage facilities to address existing deficiencies, minimize damage to public and private property, protect surface and groundwater quality and quantity, and meet future needs are constructed and maintained in the City limits. Policy 3B. 1.1 The City shall enforce the adopted Level of Service Standard for drainage facilities requiring designs for a 3-year storm for the duration of the time of concentration of the watershed. Policy 3B. 1.2 The City shall construct new stormwater drainage facilities to eliminate deficiencies in the existing system if they become necessary. Facilities and projects needed will be specified in the drainage master plan. Policy 3B. 1.3 The City shall continue to enforce the land development regulations requiting the provision of adequate stormwater drainage facilities in all land use and zoning decisions. All new development must meet South Florida Water Management District and Lake Worth Drainage District, or City of Boynton Beach requirements for drainage facilities, whichever is more stringent. First floor flooding will be minimized by requiting that first floor elevations be set at, or above, the level of the 100 Year Flood Elevation. Policy 3B. 1.4 The City shall continue to maintain a drainage master plan to identify and prioritize needs for expansion, replacement, and improvement to the stormwater drainage system in the City. A copy of the drainage master plan will be forwarded to the Lake Worth Drainage District, the South Florida Water Management District, and the Palm Beach County Department of Engineering and Public Works to coordinate inter-jurisdictional stormwater planning and management issues. Policy 3B. 1.5 The City shall consider that drainage problems that cause street flooding, first floor structure flooding, or traffic hazards will be priority projects and will be corrected as soon as funds become available. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-4 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3B. 1.6 Policy 3B. 1.7 Policy 3B.1.8 . Policy 3B. 1.9 Policy 3B. 1.10 Policy 3B. 1.11 Objective 3B.2 Policy 3B.2.1 Policy 3B.2.2 Policy 3B.2.3 The City shall not consider nuisance flooding ~as a priority drainage problem. The City shall continue to provide a regular program of street cleaning. The City shall continue to clean miscellaneous facilities such as open ditches on an as needed basis. Drainage facilities owned by the South Florida Water Management District, Lake Worth Drainage District, Floridh Department of Transportation, or Palm Beach County that are in the City shall continue to be maintained by the entity that owns them. The City will inform and cooperate with these entities as they repair or maintain their structures in the City. Needs related to these facilities will be determined in the drainage master plan. The City shall consider priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the City through a drainage master planning process. The priorities shall be reflected in the Capital Improvments Element such that the improvements of highest priority shall be implemented first, in order to provide for public health and safety, the adopted level of service, and operational efficiency. The City shall continue to implement the strategies of the drainage master plan. Protect Receiving Waters. The City of Boynton Beach will protect the quality and quantity of surface water and groundwater from direct discharges of stormwater runoff. The City shall continue to meet land development regulations requiring water quality criteria for drainage discharge set by the South Florida Water Management District and Lake Worth Drainage District. The City shall continue to monitor its drainage charge system fees to ensure that new approved development will pay its fair share of existing or planned capital facilities in accordance with the Drainage Master Plan. The City shall continue to enforce the land development regulations requiring that rainwater runoff be minimized by maximizing infiltration by percolation into grassy swales, medians, golf courses, landscape areas, nurseries, parks, lawns, et cetera. The use of soaking pits beneath impervious surfaces such as paved parking lots will be minimized. At least the first flush will be required to pass through a grassy area if possible. City of Boynton Beach EAR-based Comprehensive Amendments 00-1ER Plan 3-5 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3B.2.4 Policy 3B.2.5 Policy 3B.2.6 Policy 3B.2.7 Policy 3B.2.8 Policy 3B.2.9 Policy 3B.2.10 Objective 3B.3 Policy 3B.3.1 Objective 3B.4 The City shall continue to enforce the land development regulations requiring exfiltration drains be used to alleviate small drainage problems in currently developed areas whenever possible. The City shall continue to enforce the land development regulations requiring that all new development plans must have approval or letter of exemption from the South Florida Water Management District and Lake Worth Drainage District. The City shall continue to enforce the land development regulations requiring that all new development will have approved detailed construction plans that include drainage facilities and identify all nearby areas of groundwater recharge. The City shall continue to enforce the land development regulations requiring that redesigned and proposed inlets, catchbasins, and drainage control structures shall include sediment settling basins that can be cleaned of deposits by typical means with disposal at appropriate sites. The City shall continue to enforce the land development regulations requiring that retention and/or detention in new developments will conform to the water quality requirements of Chapter 62-25, Florida Administrative Code. The City shall continue to enforce the land development regulations requiring that the stormwater storage and recharge potential of properties shall be retained and enhanced, where possible,. The City shall continue to enforce the land development regulations requiting that post development runoff volumes shall not exceed pre-development runoff volumes. Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing drainage facilities. The City shall continue to enforce the land development regulations maintaining a drainage charge system so that new development will pay for its fair share of existing or planned capital facilities in accordance with the Drainage Master Plan. Land Development Code. By 2002, the stormwater drainage regulations contained in the City's land development code shall provide for protection of the City's natural drainage features, which are the Atlantic ocean, the Intracoastal Waterway, and Lake Worth; City of Boynton Beach EAR-based Comprehensive Amendments 00-1 ER Plan 3-6 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 and shall ensure that future development utilizes stormwater management systems compatible with the City's drainage sub-element. Policy 3B.4.1 The City shall continue to enforce the land development regulations requiring that new developments manage runoff from a three day 25 year storm. Potable Water Sub-Element Goal 3C The City shall secure and maintain adequate potable water treatment and distribution facilities, take steps to minimize increases in demands, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Objective 3C.1 Adequate Water Supply and Treatment. The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum daily flow. Policy 3C. 1.1 The City shall continue to maintain the Level of Service standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment. Policy 3C. 1.2 The City shall continue to maintain the raw water supply production capacity to meet maximum day demands with the largest operating well out of service. Policy 3C. 1.3 The City shall acquire water treatment facilities that produce potable water of sufficient quality to meet all applicable Federal and State regulatory requirements. Policy 3C.1.4 The City shall ensure that the capacity of the treatment facilities will be sufficient to provide the standard level of service to the estimated peak population with the system's largest unit process out of service. (A unit process is a technical term for a functional set of equipment in the plant.) Policy 3C.1.5 The City shall require that new water treatment facilities will be sized to meet buildout potable water demands, estimated to be 32 mgd, maximum day flow. Policy 3C. 1.6 The City shall require that all new and existing structures connect to public, regional, or municipal water and wastewater systems when such systems become available. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-7 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3C. 1.7 Policy 3C.1.8 Policy 3C. 1.9 Policy 3C.1.10 Objective 3C.2 Policy 3C.2.1 Policy 3C.2.2 Policy 3C.2.3 Policy 3C.2.4 Policy 3C.2.5 Objective 3C.3 Policy 3C.3.1 The City shall permit new development with individual private wells only in areas not served by public water on lots of more than one acre. The City shall require that all City owned water supply wells in the Boynton Beach service area shall be metered. The City shall permit no activity that would result in the degradation or over-utilization of potable water resources. The City shall continue to protect present and future potable water wellfield locations identified in the Potable Water Sub-Element to assure that water resources are not negatively impacted by development, excessive draw down, or saltwater contamination through implementation of the Palm Beach County Wellfield Protection Ordinance. Adequate and Efficient Distribution Facilities. The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's water master plan. The City will implement the capital improvements described in the water master plan. The City shall continue to develop an annual maintenance program which will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. The City shall ensure that new distribution facilities will be sized to meet buildout conditions, including redevelopment. The City shall continue to update and implement the master plan for facility expansion as needed based upon development and projected growth. By 2005, the City shall replace sub-standard water lines in the area east of Interstate 95 and south of the Boynton Canal. Water Conservation. The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, education and reuse. The City shall continue to annually advise water users in Boynton Beach, during the dry season, to reduce potable water usage for landscape irrigation, and to properly time irrigation activities. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-8 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3C.3.2 Policy 3C.3.3 Policy 3C.3.4 Policy 3C.3.5 Policy 3C.3.6 Policy 3C.3.7 Objective 3C.4 Policy 3C.4.1 Policy 3C.4.2 Policy 3C.4.3 The City shall continue to utilize a water system rate schedule to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanita~ry seWer charges. The City shall continue to enforce the Water Shortage Ordinance when necessary. The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. (See Policy 3A.3.3). The City shall continue to encourage xeriscaping and native vegetation for landscaping, and where possible, will impose minimum requirements on new developments. The City shall continue to encourage the use of water saving devices, irrigation systems, and plumbing fixtures in the City's service area. The City shall continue water use allocation for emergency drought to avoid irreversible impact on ecological systems and minimize long term adverse impacts on all sectors in accordance with the South Florida Water Management District emergency drought plan. Equitable Financing of System Improvements and Operations. The City of Boynton Beach will fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. The City shall continue to operate the potable water system as an enterprise, such that all costs will be borne by water utility customers, and revenues will be used for the benefit of those customers. The rate schedule for water services will be based on public utility cost-of-service Principles. The City shall continue to require that costs for the extension of service to new customers will be borne to the maximum extent possible by those new customers through a connection charge system. The City shall continue to maintain a reserve fired for routine system renewal and replacement at a level equal to 120 percent of the previous year's expenditures for these purposes, or at the level required by bond covenants, whichever is greater. Renewal, replacement, and improvement account requirement shall mean an amount equal to six percent of the revenue for the proceeding fiscal year or such greater or lesser amounts, as may be annually recommended by the consulting engineer. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 3-9 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Policy 3C.4.4 The City shall continue to require that new developments install water lines according to City specifications in order to receive development approval. The new lines will in most cases be deeded to the City. Objective 3C.5 Prevention of Urban Sprawl. The City will continue to prevent urban spra~vl by requiring orderly, compact development of the potable water service area as it approaches buildout. Policy 3C.5.1 The City shall continue to encourage infill development and redevelopment only in areas presently served adequately by potable water facilities. Policy 3C.5.2 The City shall only extend potable water facilities through the service area in a systematic fashion. Services will not be extended more than two milesto ensure service within the franchise area. Policy 3C.5.3 The City shall continue to discourage urban sprawl by requiring new development to pay the full cost of extending potable water facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. Policy 3C.6.1 The City shall continue to make priorities for replacement, correcting existing deficiencies, and providing for furore needs according to need. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first, in order to provide the standard level of service. Natural Groundwater Aquifer Recharge Sub-Element Goal 3.D The City of Boynton Beach will protect, and maintain the functions of natural groundwater aquifer recharge areas. Objective 3D.1 Protect and Maintain Recharge Areas. The City of Boynton Beach shall continue to protect and maintain prime natural groundwater aquifer recharge areas within the City. Policy 3D. 1.1 The City shall continue to cooperate with Palm Beach County to enforce the Well Field Protection Ordinance. Policy 3D. 1.2 The City shall continue to designate areas having the greatest recharge potential. Such areas that are undeveloped shall he designated for low City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-10 ' Date: June 20, 2000 Utilities Element Ordinance No. 00-29 impact development or as conservation areas in the City's future land use plan. Policy 3D.1.3 Boynton Beach shall continue to cooperate with other appropriate local governments to protect areas with the greatest recharge potentials that extend beyond the City limits. Policy 3D. 1.4 The City will continue to require environmental review of hazardous waste generators prior to issuance of occupational licenses; and will extend this process to the license renewal process. Policy 3D. 1.5 The City shall ensure, where possible, that water management plans for emergency flood situations shall avoid irreversible impact on ecological systems and minimize long term adverse impacts on all sectors. Policy 3D. 1.6 The City shall minimize, where possible, the negative impacts of existing land use activities on surface water and groundwater quality and quantity, to the maximum extent possible through enforcement of retrofitting which would incorporate appropriate water quality management techniques. Solid Waste Sub-Element Goal 3E The City of Boynton Beach will provide, at the local level, and support, at the County level, an efficient and environmentally sound Solid Waste Management system. Objective 3E.1 At a minimum, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the City. Policy 3E.1.1 The City shall continue to maintain the adopted level of service standard for solid waste of 7.2 pounds per capita per day. Objective 3E.2 The City shall continue to provide a solid waste collection and delivery system that is consistent with policy of the Solid Waste Authority. Policy 3E.2.1 The City shall continue to provide a solid waste collection system that is characteristic of the following: · At least bi-weekly residential collection of garbage, · Provision of a scheduled program of bulky trash collection, · At least weekly collection of commercial waste, City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-11 Date: Jtme 20, 2000 Utilities Element Ordinance No. 00-29 Objective 3E.3 Policy 3E.3.1 Policy 3E.3.2 Policy 3E.3.3 Policy 3E.3.4 Policy 3E.3.5 Policy 3E.3.6 Policy 3E.3.7 Policy 3E.3.8 Policy 3E.3.9 Policy 3E.3.10 Policy 3E.3.11 Objective 3E.4 Policy 3E.4.1 · Utilization of tarps for completely covering trash loads, · Collection and disposal of vegetative debris consistent with the Palm Beach County Solid Waste Management Plan. In order to maintain the adopted level of service standard, and in support of the recycling goals of the Solid Waste Authority, the City shall continue to reduce the solid waste stream of the City by exceeding the 30% recycling goal. The City shall continue to assist the efforts of the Solid Waste Authority in implementing mandatory recycling programs throughout the City, if found feasible. The City shall continue to stress participation in recycling programs within City buildings for City employees. The City shall by the year 2002, evaluate the current method of recording and/or monitoring the magnitude of local recycle efforts and initiate improvements, if appropriate. By the year 2002, the City shall develop a method by which illegal dump sites will be prioritized for clean up efforts. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. Reserved. The City shall continue to support the State and County-wide efforts to improve and initiate public education and involvement programs that relate to litter clean-up, household and small business hazardous waste, etc. The City shall continue to support, and where possible .participate in, such State and County-wide programs as Amnesty Day, S.T.O.P., "Cash For City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-12 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 Cans", and Trash-a-thon. The City shall, at a minimum, promote these events and programs. Objective 3E.5 In order to improve the appearance of the community, as well as to support Solid Waste Authority policy and recommendations, the City shall address the problem of illegal dumping and littering. Policy 3E.5.1 The City shall increase the number of abatements of illegally dumped waste on vacant lots after sufficient notice has been given to owner. The cost of this service, including tipping fee charged at the transfer station, will continue to be charged to the property owner. ~ Policy 3E.5.2 The City shall develop and implement with the assistance of Solid Waste Authority an annual City-wide litter clean-up program by2002. Policy 3E.5.3 The City shall continue to participate with the Solid Waste Authority using the report it submits regarding waste stream improvements and illegal dumpsites. Objective 3E.6 Reserved. Policy 3E.6.1 Reserved. Objective 3E.7 Prevention of Urban Sprawl. The City shall continue to discourage urban sprawl and continue as a compact urban area by not providing services beyond 1/2 mile of the existing urbanized areas. Policy 3E.7.1 The City shall continue to require that new approved development will pay for its fair share of existing or planned capital facilities through a Solid Waste Disposal charge system. Policy 3E.7.2 The City shall continue to provide services in such a way as to maintain the City's compact urban area. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 3-13 Date: June 20, 2000 Utilities Element Ordinance No. 00-29 City of Boynton Beach Conservation Element Goals, Objectives and Policies Goal 4: Objective 4.1: Policy 4.1.1: Policy 4.1.2: Policy 4.1.3: Objective 4.2: Policy 4.2.1: Policy 4.2.2: Policy 4.2.3: Policy 4.2.4: Policy 4.2.5: Policy 4.2.6: The development and maintenance of a high quality natural 'environment based on the preservation, improvement and wise exploitation of local existing natural resources. Through the two planning horizons, meet or exceed-minimum air quality standards for recognized air pollutants. The City shall continue to support the air quality monitoring and pollution control programs of the Palm Beach County Public Health Unit, Division of Environmental Science and Engineering Air Pollution Control. The City shall continue to support areawide air quality improvement activities, including mandatory vehicle inspections for emission control. The City shall continue, with the cooperation of the State, County and regional regulatory authorities to require pollution control devices on all major point sources of air pollution which are located within the City. Through the long term planning horizon, the City shall maintain ground water quality equal to or better than existing levels for recognized pollutants and conserve, appropriately use and protect the quality and quantity of waters that flow into the Intracoastal Waterway. The City shall continue to participate in all areawide wellfield protection and regulatory activities of Palm Beach County. The City shall develop a procedure to standardize the review of all local users of potential water contaminants by the appropriate County or State regulatory agencies. The City shall continue to require sanitary sewer waste disposal as a condition of project and permit approval and water service. The City shall continue to require sanitary sewer wastewater collectibn as a condition for the provision of potable water customer service. The City shall continue to review and, where necessary, require environmental review and approval of occupational licenses for those businesses categorized as users of potential groundwater contaminants. The City shall continue to enforce land development regulations to be consistent with the requirements of the Treasure Coast Regional Planning City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-1 Date: June 20, 2000 Conservation Element Objective 4.3: Policy 4.3.1: Policy 4.3.2: Policy 4.3.3: Policy 4.3.4: Policy 4.3.5: Policy 4.3.6: Policy 4.3.7 Policy 4.3.8 Policy 4.3.9 Council relative to the management of hazardous wastes to protect natural resources by submitting each project for evaluation by the Environmental Review Committee prior to permitting. Through the long term planning horizon, the City shall maintain a local surface quality equal to or better than existing levels for recognized pollutants and conserve, appropriately-use and protect the quality and quantity of waters that flow into the Intracoastal Water~vay. The City shall continue to enforce and, where _appropriate, improve subdivision regulations to require all new development 'or substantial redevelopment to provide on-site retention or detention of at least the first inch of rainfall. The City shall continue to lobby the Florida Department of Transportation to replace existing direct discharge outfalls with drainage retention ponds. The City shall continue to support the water quality regulatory programs of the State of Florida, Palm Beach County and the South Florida Water Management District. The City shall continue to promote and participate in periodic areawide waterway clean-up programs. The City shall continue to investigate the financial feasibility and potential funding sources for implementing a canal maintenance dredging program to eliminate polluted sediments, to reduce resuspension of sediments through prop dredging and to improve tidal flushing. The City shall continue to evaluate the street sweeping program every two years for needed improvements to efficiency, quality and capital improvements to be based upon technology and economic feasibility. The City shall continue to stay apprised of continued advances in street sweeping technology with regard to feasible and effective mechanisms to remove roadway contaminants; in the event that the technology emerges, the City shall consider the individual or shared purchase of the machinery. The City shall support widening of the Boynton Inlet with the intent to increase flushing and minimize the accumulation of sediments and pollutants. The City shall continue to enforce subdivision regulations which require the channelization of stormwater runoff through vegetation prior to entering a receiving water body. The City shall continue to enforce land development regulations to protect and conserve the natural functions of existing soils, fisheries, floodplains, City of Boynton Beach EAR-based Comprehensive Amendments Plan 4-2 Date: June 20, 2000 Conservation Element Objective 4.4: Policy 4.4.1: Policy 4.4.2: Policy 4.4.3: Policy 4.4.4: Policy 4.4.5: Objective 4.5: Policy 4.5.1: wildlife habitats, natural reservations, canals, lakes, rivers, wetlands, estuaries, harbors, fi-eshwater beaches and shores and marine habitats. To provide for the continued existence of at least 75% of the acreage occupied by "A' rated ecosystems sites through the long term plan horizon. The City shall continue to recognize all natural resource areas depicted in Figure 4 as environmentally sensitive sites. The City shall also adopt the "Conservation Overlay" of "A" rated ecosystems sites as part of the Future Land Use Map of the Comprehensive Plan. - The City shall continue to provide the County with updates to the City's inventory of sensitive ecosystems and formally request assistance and financial support from State and County agencies to preserve "A" rated ecosystems sites in the City. The City shall continue to, as routine procedure, also notify the County of development proposals formally initiated on "A" rated sites. The City shall, cognizant of prior development approvals or other vested rights, continue to require a detailed flora and fauna survey on any "A" rated site subject to a development proposal and any site greater than 10 acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on an "A" rated ecosystems site the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, understory and ground cover. The City shall continue to enforce land development regulations to prohibit land cleating practices that destroy native Florida ecosystems in whole or in part prior to permitting by the City. The City shall continue to enforce policies regarding the preservation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. The City shaH, to the maximum extent feasible, protect all remaining areas of substantial native upland and wetland vegetation and eliminate undesirable exotic tree species. The City shall, cognizant of prior development approvals or other vested fights, require a detailed flora and fauna survey on any .... B or C"'rated site subject to a development proposal which is greater than 10 acres. Based on survey results, micropreserves may be required oriented to preservation of a minimum 25% of all native plant communities which occur on-site. Habitat shall be preserved with intact canopy, understory and ground cover. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-3 Date: June 20, 2000 Conservation Element Policy 4.5.2: Policy 4.5.3: Policy 4.5.4: Policy 4.5.5: Objective 4.6: Policy 4.6.1: Policy 4.6.2: Policy 4.6.3 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over "cut and replace" preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. The City shall continue to enforce and, where appropriate, improve upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or 19cation of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated "A", "B", or "C". The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. The City shall continue to the maximum extent feasible, to preserve, conserve, appropriately use and protect fisheries, and wildlife and marine habitats which serve as habitat for endangered and threatened plant and animal species. The City shall continue to enforce the land development regulations requiring a site survey for natural areas identified in Figure 4 which are greater than 10 acres. In the event that a site survey indicates the existence of a representative plant or animal species designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Plants and Animals lists, the developer shall prepare a plan in consultation with the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife service for protecting the resident population. Preservation should be provided to the satisfaction of the City in consultation with the Federal and State agencies. The City shall support and monitor the progress of the Lake Worth Lagoon Estuary Study, and implement the modification of plan policies in accordance with relevant study findings related to manatee protection. The City shall require continued consistency of all policies and City actions with the Lake Worth Lagoon Estuary Study and require policies which may further the Lagoon's study. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-4 Date: June 20, 2000 Conservation Element Objective 4.7: The City shall continue to consider a variety of options to implement potable water conservation such as rate structure, aquifer storage and recovery, education and reuse to reduce per capita Water Consumption rates by at least 10% through the next planning period. Policy 4.7.1: The City shall continue to promote water conservation strategies through the use of educational brochures and presentations to-students and interested citizens groups. Policy 4.7.2: The City shall continue its current program for participation in the Water Resource Conservation Subcommittee of the Palm Beach_ County Water Management Advisory Board. Policy 4.7.3: The City shall continue to examine the feasibility of implementing at least one xeriscape demonstration project. Policy 4.7.4: The City shall coordinate with the South Florida Water Management District to obtain xeriscape information for public distribution for use in the site plan review process and incorporate the information in the land development regulations. Policy 4.7.5 The City shall continue to require that at least 50% of all required site vegetation be taken from the desired vegetation species listings as a condition of development or permit approval. Policy 4.7.6: The City shall continue to implement emergency water conservation measures in accordance with the requirements of the South Florida Water Management District. Objective 4.8: The City shall continue to minimize the potential damage from flooding and the loss of local soil resources. Policy 4.8.1: The City shall continue to enforce minimum fmished floor flood elevation criteria as identified by the Federal Flood Insurance Administration. Policy 4.8.2: The City shall continue to enforce local drainage system requirements and flood control policies as specified in the Drainage Sub-Element of the Comprehensive Plan. Policy 4.8.3: The City shall support the timely maintenance of regional drainage system features including structure repairs and replacement and maintenance of dredging of drainage canals by the responsible governing agency. Policy 4.8.4: The City shall continue to enforce land development regulations such that during site cleating and development preparation stages, erosion control fencing, soil moisturizing, seeding, mulching and/or other best management techniques must be performed by the developer to control soil erosion. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-5 Date: June 20, 2000 Conservation Element City Of Boynton Beach Recreation & Open Space Element Goals, Objectives and Policies Goal 5 Objective 5.1 Policy 5.1.1 Policy 5.1.2 Policy 5.1.3 Policy 5.1.4 Policy 5.1.5 Policy 5.1.6 Objective 5.2 Policy 5.2.1 Provide adequate open space and recreational facilities and programs to meet the needs of present and future residents, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2002. The City shall continue to provide adequate automobile parking and bike rack facilities within all parks developed after the adoption of this Plan. By the Year 2002, the City shall provide parking and bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as part of the on-going maintenance effort and deficiencies corrected within 18 months. Private sponsorship of bike racks will be explored if City fimding is inadequate. By 2002, the City shall examine the extent of barrier-free access within neighborhood and district parks, and deficiencies will be addressed in a Plan that sets the phasing and funding. The City shall adopt the land development regulations to require that all future parks, and applicable facilities, include barrier-free design for the handicapped to be retrofitted, if funds are available, at a rate of three parks per year. The City shall provide, contingent upon County assistance or support, the Palm Tran shuttle service for patrons of beach fi'ont parks by 2002. By 2002, the City will provide additional access to the Intracoastal Waterway. The City shall ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations '"D", proposed park development schedule. The City shall adopt the Level of Service standard for District Parks of 2.5 acres per 1,000 persons (see Table 3 of the EAR). The City shall consider the Level of Service advisory standards for recreation facilities set forth in Table 7 and Neighborhood Parks as indicated in Table 2. The level of service set forth City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 5-1 Date: June 20, 2000 Recreation and Open Space Element Ordinance No. 00-29 in Table 7 shall be evaluated pursuant to the data and analysis which is required for the Capital Improvements Element, pursuant to the Stipulated Settlement Agreement between the City and the Florida DePartment of Community Affairs. The following are advisory level of service standards for recreation facilities, as indicated in Table 7 shown below. * Baseball/Soft., Youth - 1 per 15,000 persons, * Baseball, Reg. - 1 per 25,000 persons, * Basketball Courts - 1 per 3,000 persons, * Beach Frontage - 15 feet per 1,000 persons, * Boat Ramps - 1 per 5,000 persons, * Community Centers - 1 per 25,000 persons, * Fitness Trails - 10 stations per 10,000 persons, * Football/Soccer Fields - 1 per 40,000 persons, * Golf- 1 per 30,000 persons, * Handball/Racq. Courts- 1 per 10,000 persons, * Picnic Areas - 1 per 6.000 persons, * Playgrounds - 1 per 4,000 persons, * Practice Fields - 1 per 10,000 persons, * Combination Fields - 1 per 10,000 persons, * Shuffleboard Courts - 1 per 2,500 persons, * Swimming Pools - 1 per 40,000 persons, and * Tennis Courts - 1 per 2,000 persons. Policy 5.2.2 For areas to be annexed, which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing neighborhood park facilities serving the area. Policy 5.2.3 The City shall consider the development of facilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park Needs Analysis, which shall be updated biennially. Policy 5.2.4 The City shall increase access to parks and recreation facilities by providing lighting, or plan for the provision of lighting through project phasing, for all furore active-recreation facilities. The lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. Policy 5.2.5 The City shall make continuous regular inspections of City parks, equipment and facilities, and shall initiate prompt repairs to any deficiencies noted. ~ Policy 5.2.6 The City shall cooperate on annual inspections of parks, equipment, and facilities in adjacent communities. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 5-2 Date: June 20, 2000 Recreation and Open Space Element Ordinance No. 00-29 Objective 5.3 The City shall increase the provision of recreation facilities and open space by public agencies and private enterprise, and spe_cifically require that future private, as well as dedicated areas, are developed and equipped to be at minimum (e.g. size, facilities, access) equivalent of a public neighborhood park. Policy 5.3.1 The City shall continue to enforce the Subdivision and Platting Regulations that require that all residential developments that exceed 100 dwelling units provide a private recreation area, unless however, public parks are located within one-half mile from the project, which satisfies the 2.5 acre per 1000 residents level of service standard. Policy 5.3.2 The City shall continue to enforce specific criteria within the Subdivision and Platting Regulations that guide the development and facilitation of private park areas and/or private recreation facilities that are used to satisfy the requirements for receiving credit toward the public park dedication requirement. The criteria shall require that the needs of residents are met in accordance with standards contained in this element. A study shall be conducted to determine the impact of this criteria, especially regarding the type and size of amenities that can receive partial impact fee credit. Policy 5.3.3 The City shall continue to require that all residents of a Planned Unit Development project have access to at least a portion of the private recreation areas provided, unless similar public facilities are located within a one-half mile walking distance. Such a requirement will allow a 50% credit against the park impact fee. Policy 5.3.4 The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand Sea Mobile Homes. If the need for public park acreage is not indicated at the above mentioned time, a fee shall substitute the dedication of land. Policy 5.3.5 The City shall continue to enforce the land development regulations requiting that the dedication of lakefront park sites in residential developments. Such recreation areas adjacent to water should be considered as minimum criteria for receipt of a 50% credit. Policy 5.3.6 By 2002, the City shall complete a park and open space acquisition plan for the acquisition of potential sites within those areas of greatest ne6d as determined by data updates. The plan shall include identified property owners, appropriate methods of acquiring the selected sites, land and development costs related to neighborhood improvement recommendations from the Vision 20/20 Plan and Study, and alternatives to fee simple acquisition (lease option, special agreements, etc.). City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 5-3 Date: June 20, 2000 Recreation and Open Space Element Ordinance No. 00-29 Policy 5.3.7 The City shall utilize, where possible, Community Development Funds and tax increment financing for park acquisition and development. Policy 5.3.8 The City shall provide public access to two native habitat sites for the purposes of providing nature study areas, one by the Year 2002, consistent with the development schedule for Seacrest Scrub. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 5-4 Date: June 20, 2000 Recreation and Open Space Element Ordinance No. 00-29 Goal 6 Objective 6.1 Policy 6.1.1 Policy 6.1.2 Policy 6.1.3 Policy 6.1.4 Objective 6.2 Policy 6.2.1 Policy 6.2.2 Policy 6.2.3 City of Boynton Beach Housing Element Goals, Objectives and Policies The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Assist the private sector to provide new dwelling units of various types, sizes, and costs by the year 2015, in order to meet the housing needs of the existing and anticipated populations of the City. The City shall provide information, technical assistance, and explore possible incentives with the private sector to maintain a housing production capacity sufficient to meet the community needs. Possible incentives could include assistance in land assembly, below-market rate financing, allowances to build on nonconforming lots, and density increases. The City shall encourage parmerships between the local government, the private sector, and the nonprofit sector to improve the efficiency and expand the capacity of the housing delivery system. Reserved. The City shall continue to pursue the use of innovative financing including tax-exempt bonds, Housing Consortium Lending Program and local dedicated sources of revenue (an ongoing source of monies which are assigned to use for housing), and the creation of a Housing Trust Fund to address the housing needs of low and moderate-income persons. By the year 2002, most substandard housing shall be eliminated. The City shall continue to increase code enforcement activities, through regular inspections of the housing stock in neighborhoods where code violations are more prevalent, and institute special concentrated code enforcement activities where warranted. The City shall continue to explore federal and state funding, and-local public funds, as funds become available, for the demolition or rehabilitation of substandard housing. The City shall adopt procedures to minimize involuntary relocation by only removing units that pose an immediate danger to occupants, those that are abandoned, or those costly to rehabilitate. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 6-1 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.2.4 Policy 6.2.5 Policy 6.2.6 Objective 6.3 Policy 6.3.1 Policy 6.3.2 Policy 6.3.3 The City shall provide assistance through the Consolidated Plan (CHAS) to neighborhood projects to upgrade their conditions through code enforcement assistance, removing blighting influences, hnd concentrating capital and/or operating budget improvements in such neighborhoods with particular attention given to owner-occupied dwelling units. The City shall continue to implement the Neighborhood Strategy Area Plan through code enforcement efforts for all Neighborhood Strategy Areas within the City. The City will, as a demonstration project, examine the use of mixed-use (i.e., commercial and residential) and other innovative land use techniques which will address dilapidated housing, vacant, and substandard lots that ultimately will result in the removal of substandard housing units in the Neighborhood Strategy Area. By the year 2002, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for the homeless, very-low, low and moderate- income persons to meet their housing needs. The City will pursue, through GAP financing, the use of vacant lots in the Code Enforcement Areas and Neighborhood Strategic Areas as sites for affordable infill housing. The City shall establish and implement procedures to pursue federal and state and other sources of funding earmarked for very-low, low-, and moderate-income housing. These include: · Community Development Block Grant; · Rental Rehabilitation; · Housing Spruce Up/Fix Up; · Neighborhood Improvement Programs · State Housing Initiative Program; · Public Housing Modernization; · Section 8 Existing Housing; · GAP financing; · Weatherization Funds; and · Emergency Roof Repairs. The City shall establish and implement procedures to pursue the use of state housing monies available for community-based corporations, by the identification or creation of a community-based corporations which can work with the City on housing efforts. State monies include: · Predevelopment Loans for community-based corporations; City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 6-2 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.3.4 Policy 6.3.5 Policy 6.3.6 Policy 6.3.7 Policy 6.3.8 Policy 6.3.9 Policy 6.3.10 Policy 6.3.1 I Policy 6.3.12 Purchase Assistance Loan Programs · Community Contribution; · Rehabilitative Deferred Loans; and · Tax Incentive Program. The City shall implement the Local Housing Assistance Plan through State's Housing Incentive Partnership funding which Will provide incentives to the private sector in the construction of affordable dwelling units. By the year 2002, the City shall identify a source(s) and C6ntribute local funds for housing (a dedicated source of revenue). Such sources could include: General fund monies · Documentary surtax Tax-exempt bonds · Local private contributions from corporations · Community Development Block Grants (requires county agreement) · Rental Rehabilitation Loan Repayment (requires county agreement) The City shall continue to use the Palm Beach Housing Finance Authority as a funding source to assist very low, low, and moderate-income households. The City shall continue to modify and enforce regulations to require public-assisted housing to conform to the Future Land Use Plan. The City shall continue to establish and implement procedures to require that public-assisted housing not be located in a manner which creates an over-concentration of such uses in one particular area. The City shall establish and implement procedures to require that public- assisted housing be located in close proximity to employment centers, schools, recreational facilities, health services, and transit stops to assure that the residents have complete access to needed services. Reserved. The City shall establish and implement procedures to locate public-assisted housing away from nuisances and hazards. The City shall amend the zoning ordinance to allow construction on nonconforming lots if the result will be the provision of well designed and neighborhood compatible housing. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 6-3 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.3.13 Policy 6.3.14 Objective 6.4 Policy 6.4.1 Policy 6.4.2 Objective 6.5 Policy 6.5.1 Policy 6.5.2 Policy 6.5.3 Policy 6.5.4 The City shall establish a priority for very-low-income (i.e., persons earning less than 50% of the median household income), elderly and physically challenged persons in providing funding sources for affordable dwelling units. The City shall continue to support the use of Community Development Block Grant funds for rehabilitation efforts in situations where it is appropriate. Subsequent to Plan adoption, allow for adequate sites for mobile homes in all areas of the City where single-family detached dw~ellings are permitted. The City shall allow mobile homes in all areas of the City where single-family detached dwellings are permitted, subject to the zoning regulations and other code requirements that apply to other types of single-family detached dwellings. The City shall allow mobile homes and manufactured housing in residential land use categories consistent with Florida statutes and local site approval criteria. The City shall allow sites for group homes and foster care facilities in residential land use categories to ensure adequate areas are available to meet the housing needs of individuals with special needs. The City shall prioritize infrastructure and public facility improvements in the Neighborhood Strategy Areas as an ongoing effort to rehabilitate such neighborhoods. The City shall monitor housing activities in the Neighborhood Strategy Areas and other neighborhoods to ensure adequate sites are available throughout the City for very-low to moderate income households. The City shall allow group homes in all residential zoning districts provided they are located at least 1,000 feet from homes with six or fewer residents. Group homes shall be required to obtain a license with the City in order to facilitate monitoring and ensure zoning compliance. The City should establish reasonable standards regarding the maximum number of persons allowed in group homes in each residential zoning district, and the minimum floor area per person, or maximum number of persons per room. These standards shall be in accordance with Florida Statute 89.372. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 6-4 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.5.5 The City shall enforce the land development regulations to ensure safe and convenient on-site design of off-street parking for group homes with more than six persons. Policy 6.5.6 The City shall establish and implement procedures to continue to allow foster homes for up to five children (both natural and foster) in any dwelling, provided that the foster home is supervised by an adult who is a resident in the dwelling. Policy 6.5.7 The City shall continue to allow adult foster homes in designated zoning districts. Objective 6.6 Policy 6.6.1 The City shall avoid housing programs which displace households. However, in the event displacement occurs, benefits consistent with applicable state and federal laws will be implemented through the following policies. The City shall assure that reasonably located, standard housing at affordable costs is available to persons displaced through public action, prior to their displacement. Policy 6.6.2 The City shall assist persons displaced by code enforcement activities, with temporary relocation benefits and replacement housing, or down payment or rental assistance, depending upon eligibility. Policy 6.6.3 The City shall assure that the level of payments provided are sufficient and meet local and state requirements. Objective 6.7 The City shall continue to preserve housing identified as being historically significant. Policy 6.7.1 By 2002, the City shall establish procedures to pursue, with the Boynton Beach Historical Society, an educational program stressing the City's history and examples of historic housing, consistent with Policies 1.11.10 and 1.11.11 in the Future Land Use Element. Policy 6.7.2 By 2002, the City shall establish procedures to implement an advisory design committee to provide advice and assistance to owners making improvements on units of local historical interest consistent with Policies 1.11.10 and 1.11.11 in the Future Land Use Element. Policy 6.7.3 The City shall update annually the official Historic Site Survey conducted in 1996. Objective 6.8 The City, through Code enforcement efforts, will continue to improve the quality of neighborhoods by conserving the exiting housing stock. city of Boynton Beach EAR-based Comprehensive Plan Amendments 00- IER 6-5 Date: June 20, 2000 HonsLng Element Ordinance No.. 00-29 Policy 6.8.1 Policy 6.8.2 Policy 6.8.3 Policy 6.8.4 Policy 6.8.5 Policy 6.8.6 Policy 6.8.7 Policy 6.8.8 Policy 6.8.9 Policy 6.6.10 Objective 6.9 Policy 6.9.1 The City shall conduct a performance evaluation of existing regulations on the care and maintenance of residential properties, inc_luding yards and swales. Revisions to the Code shall be made as necessary. The City shall continue its efforts in the Community Development Block Grant Target Areas and implement program activities in a timely manner. Programs shall include, but not be limited to, those discussed in Objective 6.3 and its corresponding policies. Reserved. The City, through GAP financing, shall encourage individual home ownership. Furthermore, to increase private reinvestment in housing, technical assistance programs, and financial assistance and incentives shall be provided through workshops conducted by lending institutions and Community Development Corporations.. The City shall continue intensive and concentrated code enforcement efforts in the Code Enforcement Areas and the Neighborhood Strategy Areas. Implementation of this Policy shall be consistent with Policies 6.2.5 and 6.3.1 in this Element. The City shall establish procedures to schedule and concentrate public infrastructure, supporting facilities, and services to upgrade the quality of existing neighborhoods, as discussed in Chapter VI. Neighborhood Stabilization Efforts. The City shall explore outside funding sources to ensure the availability of social, educational, and recreational services to very low, low and moderate income households. Furthermore, the City shall conduct an annual appraisal of funding sources and services to ensure cost effectiveness. The City shall give priority to the rehabilitation of housing structures to retain the existing housing stock, as funds become available. The City shall encourage private financial support through the leveraging of resources to assist in the rehabilitation of housing. The City shall promote home ownership within existing neighborhoods with special attention to infill areas. Adequate measures should be taken by 2005 to address the housing problems of persons with special needs. The City shall continue to inventory sites, including publicly owned buildings, which could serve as sites for elderly/handicapped housing. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 6-6 Date: June 20, 2000 Housing Element Ordinance No. 00-29 Policy 6.9.2 Reserved. Policy 6.9.3 Reserved. Policy 6.9.4 The City shall, through local funding and technical assistance, continue to support the social service assistance programs provided to elderly and handicapped persons. Policy 6.9.5 The City shall work to establish a public/private parmership which can build units for elderly and handicapped persons, Policy 6.9.6 The City will continue to revise the land development regulations and in order to continue public improvement programs aimed at the removal of physical barriers which restrict accessibility by handicapped persons. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 6-7 Date: June 20, 2000 Homing Element Ordinance No. 00-29 Goal 7 Objective 7.1 Policy 7.1.1 Policy 7.1.2 Policy 7.1.3 Policy 7.1.4 Policy 7.1.5 Objective 7.2 Policy 7.2.1 Policy 7.2.2 Policy 7.2.3 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. The City shall continue to enforce all applicable local, stale; and federal coastal environmental regulations while providing for the development or operation of remaining vacant waterfront residential properties. The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & Palm Beach County Health Department. The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. The City shall continue to require building construction elevations consistent with minimum federal flood insurance regulations. The City shall continue to require building construction techniques in accord with the South Florida Building Code. The City shall continue to enforce all regulations pertaining to the State's Coastal Construction Line. By 2002, the City shall develop a local water quality improvement program for the City's portion of the Intracoastai Waterway using current stormwater data. The City will investigate the completion of Phase 11 and III of the Downtown Stormwater Improvement Project installing stormwater pre-treatment devices where financially appropriate. The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the IntracoastaI Waterway. The City will cont'mue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 7-1 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Policy 7.2.4 Policy 7.2.5 Policy 7.2.6 Policy 7.2.7 Policy 7.2.8 Policy 7.2.9 Policy 7.2.10 Objective 7.3 Policy 7.3.1 Policy 7.3.2 regional stormwater pre-treatment standards in cooperation with the South Florida Water Management District. The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water discharges. By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. The City shall continue to support the exiting consolidated efforts of the Lake Worth Lagoon Ecosystem Management Area Study and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. The City shall, by 2002, adopt resolutions that request and seek support and fimding fi.om County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth and the Intracoastal Waterway. The City will continue to urge that the Florida Department of Transportation retrofit existing drainage outfalls from State Highways to Lake Worth and the Intracoastal Waterway. The City shall by 2002, conduct a study of the feasibility of requiring marinas to provide sanitary sewer hook-ups for long-term use, and to adopt ordinances requiring boats to hook-up to the systems provided. Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. The City shall continue to coordinate with the Beaches and Shores Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. The City shall continue to investigate the feasibility of requiring all beach access locations to be converted to dune cross-over structures and for existing walk paths to be restored and vegetated. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00~ 1ER 7-2 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Policy 7.3.3 Policy 7.3.4 Objective 7.4 Policy 7.4.1 Policy 7.4.2 Policy 7.4.3 Objective 7.5 Policy 7.5.1 Policy 7.5.2 Objective 7.6 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no 'significant negative impact on reefs and other living marine resources. The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. The City shall continue to limit public expenditures in the coastal high hazard area by restricting expansion/improvement of the City's existing utilities except for those necessary to serve planned development, to improve environmental quality, or to serve redevelopment activities. The City shall continue to adopt and maintain procedures to provide funding for utility and road maintenance primarily with respect to existing needs and redevelopment activities. The City shall continue to adopt and maintain procedures such that furore capital improvements shall be oriented to maintaining adopted Level of Service standards for planned uses or to improve local environmental quality, or to serve redevelopment activities. The City shall continue to enforce the land development regulations that require future hook-ups to the City water system be restricted to users that are either on or will hook-up within a time specific period to a sanitary sewer system. The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi-family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan. The City shall by 2002 undertake efforts to establish a County database regarding emergency preparedness targeting resident groups, and to-seek cooperation and assistance in updating procedures contingent with population growth in the coastal area, and when possible, request public input in the planning process. The City shall maintain or reduce current estimated hurricane evacuation times if development increases. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 7-3 Date: Sune 20, 2000 Coastal Management Element Ordinance No. 00-29 Policy 7.6.1 Policy 7.6.2 Policy 7.6.3 Policy 7.6.4 Policy 7.6.5 Policy 7.6.6 Objective 7.7 Policy 7.7.1 Policy 7.7.2 Policy 7.7.3 Objective 7.8 Policy 7.8.1 The City shall continue to enforce procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan. The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. The City shall continue to review existing evacuation routes and deficiencies as noted in the Hurricane Evacuation portion of the Coastal Management Element, every three years, and if appropriate, initiate amendments of the Regional Plan to Palm Beach County Emergency Management personnel. Reserved. The City shall undertake efforts by 2002 to establish a County survey or informational program to identify the location and magnitude of the coastal area population requir/ng assistance in evacuation. The City shall adopt the pertinent policies on hazard mitigation that are derived from the Palm Beach County Hazard Mitigation Working Group. The City shall continue to provide for the phasing of urban services consistent with the Level of Service Standards of each Comprehensive Plan Element. The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provision of water and sewer service with adjacent municipalities and the unincorporated area. The City shall continue to establish procedures to coordinate and participate in long term area-wide planning efforts for provision of solid waste resource recovery and regional sewage disposal. The City shall continue to adequately fund local maintenance and operation needs with respect to storm drainage. The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. The City shall continue to discourage site clear-cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 7-4 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Policy 7.8.2 Policy 7.8.3 Policy 7.8.4 Policy 7.8.5 Policy 7.8.6 Policy 7.8.7 Policy 7.8.8 Policy 7.8.9 Policy 7.8.10 Objective 7.9 Policy 7.9.1 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. The City shall continue to cooperate with the approphate agencies on the installation of channel markers to protect sea grasses from prop_ dredging. The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock at the end of Boynton Beach Boulevard. The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. The City shall provide by 2002 for an increase in the amount of water dependent and water related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority giv.en to water dependent uses. The City shall prepare a master plan of Jaycee Park that. increases by 2002 public use and access to the Intracoastal Waterway, subject to lease · restrictions and successful negotiations with the owners Florida Inland Navigation District). City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1ER 7-5 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Policy 7.9.2 The City shall continue support, through resolutions, area-wide efforts to acquire and develop additional waterfront and beachfrpnt sites on the condition that such increases do not harm natural .resources. Policy 7.9.3 The City shall support the maintenance of transit facilities to serve beach front parks through City system or Palm Tran service. Policy 7.9.4 Subsequent to Plan adoption, the City shall adopt and implement the land use and zoning recommendations outlined in Coastal Management Element. Policy 7.9.5 The City shall consider, cognizant of impacts to established uges, criteria for marina siting to give priority to development plans which increase public interaction with the waterfront. The City shall consider developing performance standards which guide the review of proposals in this respect and continue to monitor the construction of the current marina project and future operations. Policy 7.9.6 The City shall continue to enforce the Land Development Regulations to enforce public access to beaches renourished at public expense, and enforce the public access requirements of the Coastal Zone Protection Act of 1985. Objective 7.10 By 2002, the City shall protect, preserve and/or provide for the sensitive reuse of historic properties in the Coastal Management area. Policy 7.10.1 The City shall implement by 2002 a historic preservation ordinance that includes performance standards for development and reuse. Policy 7.10.2 The City shall establish procedures to encourage the property owners of historic sites to maintain the design and structural integrity of the buildings. Policy 7.10.3 The City shall annually update the 1996 Historic Sites Survey with new eligible sites worthy of preservation. Policy 7.10.4 The City shall continue to consider allowances for historic preservation, in the development of a Historic Preservation Ordinance. Objective 7.11 To provide for the ongoing development of the coastal area in a manner which will reduce the exposure of human life and public and private property to natural hazards by developing a Post-Disaster Redevelopment Plan. Policy 7.11.1 The City shall continue to utilize the Community Redevelopment Area Plans, the Future Land Use Map, and recommendations from the Vision 20/20 Planning Study as a post-disaster redevelopment plan for establishing construction criteria and siting requirements for use in redevelopment of existing developed properties. This effort would include a review of the City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 7-6 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Coastal Construction Building Code, the Current Flood Protection Ordinance, the Future Land Use Map, Community Redevelopment Agency plans, and other pertinent recommendations from the "Vision 20/20" planning study and include criteria to distinguish between immediate repair and long-term redevelopment. Policy 7.11.2 The City shall continue to adopt and maintain procedures in capital improvement funding that prohibit the construction or installation of public infrastructure in coastal high-hazard areas (i.e., the area lying seaward of the Coastal Construction Control Line and containing the only portion of the City that is susceptible to the velocity effects of storm surges) or flb'c;d prone areas unless necessary to correct current deficiencies, to relocate or replace infrastructure, or to serve a clearly demonstrated public interest. Policy 7.11.3 The City shall continually support redevelopment subsequent to a major storm occurrence consistent with the uses, densities and construction practices as outlined in the Coastal Management Element, the Post-Disaster Redevelopment Plan, when available, or other coastal related regulatory documents in the event that a specific Post-Disaster Redevelopment Plan is not created. Policy 7.11.4 The City shall modify the Land Development Regulations to provide for general hazard mitigation, include recommendations of the Palm Beach County Hazard Mitigation Annex, as applicable, regulate beach and dune alterations, stormwater management, sanitary sewer and septic tanks, and land use to reduce the exposure of natural hazards to property and human life. Policy 7.11.5 The City shall include in the Post-Disaster Redevelopment Plan the identification of areas requiring redevelopment, the elimination of tmsafe conditions and inappropriate uses. Reference should be made to the Future Land Use Map, Community Redevelopment Agency plans, and to other pertinent recommendations from the "Vision 20/20" planning study. Objective 7.12 By 2015, the City shall minimize population concentrations in the coastal high-hazard area. Policy 7.12.1 The City shall implement by 2015, the post-disaster redevelopment plan and procedures for establishing construction and development criteria in the coastal high-hazard area. Policy 7.12.2 The City shall restrict by 2015 the rezoning or land use plan amendments of residential properties that would increase existing densities for developments within the coastal high-hazard area. Policy 7.12.3 The City shall prohibit by 2015 redevelopment of existing dwelling units located in the coastal high-hazard area unless an engineering study supports City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 7-7 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 that the redevelopment can occur in a safe manner xvhen considering building construction, design, siting and future storm events. Policy 7.12.4 By 2015, the City, in a joint City-County effort, shall establish a public/private planning initiative to guide post-disaster activities. Policy 7.12.5 By 2015, the City shall establish a public/private planning initiative that obtains assistance with possibly overwhelming demands on public service during the post-disaster redevelopment activities. City of Boyaton Beach EAR-based Comprehensive Plan Amendments 00-1 ER 7-8 Date: June 20, 2000 Coastal Management Element Ordinance No. 00-29 Goal 8: Objective 8.1 Policy 8.1.1 Policy 8.1.2 Policy 8.1.3 Policy 8.1.4 Objective 8.2 Policy 8.2.1 Objective 8.3 Objective 8.4 City of Boynton Beach Intergovernmental Coordination Element Goals, Objectives and Policies It is the goal of the City of Boynton Beach, through increased coordination, interaction, and communication with adjacent local governments and other pertinent coordinating entities, to maintain constant awareness of the plans and intentions of such entities, and address, and alleviate or anticipate, all major issues which involve a single agency or numerous entities. The City shall continue to increase the quality and frequency of the communication and coordination mechanisms between such agencies and entities whose focus is on housing and housing improvement. The City shall continue to inform residents of available housing improvement programs. The City shall continue to distribute information through public participation heatings and other meetings as needed. The City shall continue to use the Community Redevelopment Division as the review agency for Community Development Block Grant applications. The City shall maintain a quarterly updated list of group homes and foster homes licensed and/or operated by the Florida Department of Health. The City shall keep the licensing and/or operating agencies (i.e. Department of Health, South County Mental Health Center, etc.) apprised of the appropriate zoning regulations and will also notify them of all pertinent complaints reported on these facilities at the time the complaints are received. The City shall carry forth, with its Community Development Block Grant Entitlement Status, a comprehensive program to meet the City needs in affordable housing and accompanying infrastructure. The City shall continue to prioritize projects on a yearly basis in order to develop its annual Community Development Block Grant Entitlement budget. Reserved. The City shall maintain and improve existing recreation opportunities through the continued communication and coordination with Palm Beach County and adjacent municipalities. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-1 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.4.1 The City shall continue to make public school recreation areas accessible to the public by including future schools within the Community School Program, and negotiate with the appropriate officials to gain public use of those public facilities currently closed to public (after-hour) use. Policy 8.4.2 The City shall maintain an updated copy of the Comprehensive Plan for the Town of Ocean Ridge in order to evaluate their plans for future beach front recreation and explore potential future agreements that would facilitate joint use and/or provision. Policy 8.4.3 The City shall, by 2002, prepare a master plan of Jaycee Park that increases public use and access to the Intracoastal Waterway, subject to lease restrictions and successful negotiations with the owners (Florida Inland Navigation District). Objective 8.5 The City shall continue to implement standards for parks and recreation facilities that are consistent with the County's park standards. Policy 8.5.1 The City shall maintain the County's standards for parks and recreation facilities by updating standards that both meet the needs of the City, as well as reflect the portion of park acreage and recreation facilities that the County has defined as being the responsibility of other entities. Policy 8.5.2 The City shall recommend to Palm Beach County that neighborhood park facilities be required as part of its review of rezonings and water service agreements in the unincorporated area. Objective 8.6 The City shall continue its representation on the Beaches and Shores Council. Policy 8.6.1 The City shall continue to participate through interlocal agreements with the Beaches and Shores Council; and shall encourage the expansion of recreational opportunities and the preservation and conservation of the beaches and shore environment while promoting actions that are consistent with City policy. Objective 8.7 The City shall coordinate efforts through (Intergovernmental Plan Amendment Review Committee) the Palm Beach County Intergovernmental Coordination Program with the Town of Ocean Ridge, as well as other adjacent coastal communities, that enable the exchange of ideas and plans, and provides an arena for resolution of conflicts that concern two or more of the municipalities. Issues to be addressed should include land use, water and sewer service, water quality, hurricane preparedness, emergency response, beach access, etc. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-2 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.7.1 Policy 8.7.2 Policy 8.7.3 Policy 8.7.4 Objective 8.8 Policy 8.8.1 Policy 8.8.2 The City shall attempt to establish a work committe_e, composed of representatives from municipalities such as Ocean Ridge, Manalapan, and Gulfstream and other relevant cities, to meet on an annual basis in order to collect, review and discuss major current plans which affect the other communities, and to determine methods for addressing major issues such as water quality, hurricane preparedness and post disaster management (see Issue #3), beach access, et cetera. If a work committee is not organized, at a minimum, an updated Comprehensive Plan should be kept on file, and examined for potential inconsistencies with the Comprehensive Plan of the City of Boynton Beach. A C6mprehensive Plan should also be provided to the other adjacent municipalities for their information and review. The City shall, continue to provide/coordinate utility service to the Town of Ocean Ridge via the on-going agreement with regard to xvater and sewer hook-up. The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provision of water and sewer service with adjacent municipalities and the unincorporated area. The City shall consider utilizing the Treasure Coast Regional Planning Council's, Informal Mediation Process if future coordination between the two municipalities does not resolve pertinent issues that are within the scope of the two entities. The City shall coordinate through the Intergovernmental Plan Amendment Review Committee emergency preparedness and post disaster planning, and shah use the resources of the City's Fire Department to implement hurricane disaster plans as well to initiate the development of other disaster plans and strategies. The City shall communicate to Palm Beach County the need for interim communication concerning the implementation of the County's Emergency Preparedness Plan and the local emergency management plans. Interim coordination could include events such as annual meetings that would attract pertinent representatives from all the County's municipalities and mock disaster drills, The City shall initiate annual meetings and inform adjacent municipalities through the Intergovernmental Plan Amendment Review Committee or other appropriate intergovernmental coordination entity of local disaster management strategy plans for emergency preparedness. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-3 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.8.3 Policy 8.8.4 Policy 8.8.5 Policy 8.8.6 Policy 8.8.7 Policy 8.8.9 Policy 8.8.10 The City shall promote to the County the idea of mandatory coordination of emergency management plans and strategies among local municipalities whose emergency management strategies include adjacent communities resources. The City shall inform the Palm Beach County Emergency Management Division, and the City's Risk Manager, concerning any changes in allowable residential densities that would significantly increase the population to be evacuated (located within the Hurfic.ane Evacuation Zone). The City shall adopt and enforce regulations to require that all new residential developments of more than 50 units, which are located in the Hurricane Evacuation Zone, provide continuing information to residents concerning hurricane evacuation and shelters through the establishment of a homeowners' or residents' association. The City shall adopt and enforce regulations to require that all new traffic impact statements for residential projects of 100 dwellings units or more which are located in the Hurricane Evacuation Zone formulate ,an emergency hurricane preparedness plan and shall provide the plan to all residents; this plan is subject to the approval of the City's Emergency Management Officer. The City shall continue to participate in all county~vide emergency preparedness preparation and practice sessions. The City shall continue to review existing evacuation routes and deficiencies as noted in the Hurricane Evacuation portion of the Coastal Management Element, every three years, and if appropriate, initiate amendments of the Regional Plan to Palm Beach County Emergency Management personnel. The City shall continue to enforce procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan. City of Boynton Beach EAR-based Comprehensive Plan Amendments 03-01 8-4 Date: June 17, 2003 Intergovernmental Coordination Element Ordinance 03-033 Objective 8.9 The City shall participate in the Lake Worth-Lagoon Study, Department of Environmental Resources Management, South Florida Water Management District, and Surface Water Improvement which target the improvement of surface waters within, and adjacent to, the City's boundary. Policy 8.9.1 The City shall participate in the efforts to improve the quality of the areas canals and receiving waterways, and negotiate with the Lake Worth Drainage District in addressing the same. Policy 8.9.2 The City shall coordinate with, and participate in, any organizational programs developed by the Intergovernmental Plan Amendment Review Committee or other entity that are intended to promote an area-wide approach to improving the water quality of Lake Worth. Policy 8.9.3 The City shall adopt policies which support the efforts of Palm Beach County, the Lake Worth Drainage District, and the South Florida Water management District to monitor and control the quality and quantity of storm water mn-off, and the City should provide input when needed. The City shall stay apprised of these efforts by regular communication and attendance at regular and special meetings of such agencies. Policy 8.9.4 The City shall maintain an updated copy of, and promote the application of, the Operating Policies of the Lake Worth Drainage District. Policy 8.9.5 The City should provide the Districts with the City's development requirements conceming drainage, and emphasize the need for them to adopt similar restrictions if the District's standards are less stringent. Policy 8.9.6 The City shall continue to urge Florida Department of Transportation to retrofit existing direct drainage outfalls with drainage retention ponds from state highways to Lake Worth and the Intercoastal Waterway. Policy 8.9.7 The City shall maintain an awareness of, through continued annual contacts, the coastal regulatory activities of the Environmental Protection Agency, Florida Department of transportation, Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resources Management, and Cgunty Health Department. Where appropriate, the City shall participate in, and locally enforce, such activities. Objective 8.10 The City shall coordinate with the Palm Beach County Intergovernmental Coordination Program (Intergovernmental Plan Amendment Review Committee) in notifying adjacent municipalities City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-5 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.10.1 Policy 8.10.2 Policy 8.10.3 Policy 8.10.4 Policy 8.10.5 Policy 8.10.6 Policy 8.10.7 Policy 8.10.8 Objective 8.11 of proposed land use amendments, rezonings, and annexations that may affect adjoining municipalities. The City through the Intergovernmental Plan Amendment Review Committee shall notify all municipalities that are within 1000 feet of a proposed land use amendment or annexation. Notification should be given regardless of distance if the proposed change could significantly affect the adjacent municipality. The City shall consider the comments of an ~djacent municipality or Palm Beach County concerning a proposed land use amendment o~r annexation. The City shall participate in cooperative mapping of proposed future annexation areas with adjacent jurisdictions. The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. The City shall continue to promote annexation of land where service delivery systems in the Utility Service Area (Reserve Annexation Area) will be consistent with the boundaries of the corporate limits. The City shall pursue interlocal agreements with local governmental/ municipalities that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The City shall encourage joint planning agreements that include, but are not limited to, the following: · cooperative planning and review of land development activities within areas covered by the agreement; · specification of service delivery; · funding and cost-sharing issues within joint planning areas; and · enforcement/implementation. The City shall continue its present annexation policy to discourage urban sprawl by allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring that the proper infi:astmcmre is in place or concurrent with development. The City shall participate in intergovernmental coordination processes to ensure full consideration is given to the impacts of proposed Comprehensive Plan amendments and future developments City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-6 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.11.1 Policy 8.11.2 Policy 8.11.3 Policy 8.11.4 Policy 8.11.4 Policy 8.11.5 on the ability of the City and adjacent local governments to implement their Comprehensive Plans and to address area wide land use needs and justification for amendments. The City shall participate in the Palm Beach County Intergovernmental Plan Amendment Review Committee Process and shall coordinate with the Treasure Coast Regional Planning Council and all other local governments in a voluntary dispute resolution process for the purpose of facilitating intergovernmental coordination. The Intergovernmental Plan Amendment Review Committee process is established p~ursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, effective October 1, 1993, and shall include results and any written determination from the Intergovernmental Plan Amendment Review Committee Process as data and analysis to the Department of Community Affairs with proposed and adopted Comprehensive Plan amendments. The City shall notify adjacent local governments through Intergovernmental Plan Amendment Review Committee and the County of land use conflicts generated by adjacent land uses. In addition, it should be determined whether the Comprehensive Plans of the two entities address the conflicts. The City shall notify property owners directly involved in, and adjacent to, of conflict and that the conflict is being addressed by both entities where the interjurisdictional conflict has caused a public nuisance. The City shall use the Intergovernmental Plan Amendment Review Committee as the entity to mitigate land use conflicts that directly affect possible Comprehensive Plan amendments.. The mitigation strategies could consist of a jointly adopted future land use plan for the bordering land uses, or at a minimum, and if appropriate, the buffering of the incompatible uses. In the interim, the City shall oppose requests for changes in land use in unincorporated Palm Beach County that are in the City's Reserve Annexation Area and not consistent with the adopted Boynton Beach or Palm Beach County Comprehensive Plan. The City shall participate in the efforts of Palm Beach County and the Treasure Coast Planning Council to monitor and coordinate annexation plans of the County's municipalities. The City of B0ynton Beach shall use the Treasure Coast Regional Planning Council's dispute resolution process for non-Comprehensive Plan disputes when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01ER 8-7 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 dispute, including agreements authorized by Section 163.3177, F.S., or other non-judicial approaches. Objective 8.12 Reserved Objective 8.13 The City shall maintain, or increase as necessary, the communication and coordination mechanisms jointly establishing level of service standards with those state, regional, or local entities that have operational or maintenance responsibility for such facilities. Policy 8.13.1 The City shall continue coordinating and communicating With the Palm Beach County Parks and Recreation Department, the Metropolitan Planning Organization, and the Solid Waste Authority in order to jointly establish level of service standards for recreation facilities, roads, and solid waste facilities. Policy 8.13.2 The City shall continue to maintain an active role in all organizations and committees which focus on county-wide transportation related issues in order to jointly develop level of service standards, lobby for the necessary exceptions to the Traffic Performance Standard and/or Special Transportation Areas for areas with less than level of service "D", as well as to coordinate major road improvements or developments. Such agencies are, but not limited to, the Florida Department of Transportation , the Treasure Coast Regional Planning Council, Palm Beach County, the Metropolitan Planning Organization and Solid Waste Authority. Policy 8.13.3 The City shall support the efforts of the Metropolitan Planning Organization and Public Health Unit, through existing coordinating mechanisms, to reduce traffic generated pollution. Policy 8.13.4 The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that developments which occur on County roads within the City limits are consistent with the minimum adopted level of service standards. Consistency of level of service shall be maintained through coordination with Intergovernmental Plan Amendment Review Committee if there are differences between the City and County level of service interpretations. Objective 8.14 The City shall continue to improve the coordination with Palm Beach County Metropolitan Planning Organization and the Florida Department of Transportation in regard to receiving State and County road plans for review. Policy 8.14.1 The City shall solicit the County's expenditure of Impact Fees collected in the adjacent unincorporated areas on highway facilities which best benefit the City of Boynton Beach. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01ER 8-8 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.14.2 Policy 8.14.3 Policy 8.14.4 Objective 8.16 Policy 8.16.1 Policy 8.16.2 Objective 8.17 Policy 8.17.1 The City shall request the Palm Beach County Engineering Department, the Metropolitan Planning Organization, and the Florida Department of Transportation that road plans sent to the City for review be received earlier in the development process (i.e. prior to public heatings). The City shall continue to participate in the transportation planning activities of the Metropolitan Planning Organization, including the formulation of the Metropolitan Planning Organization Transportation Needs and Cost Feasible Plans. The City shall also continue to review the Palm Beach County and Florida Department of Transportation improvement programs, and attempt to ensure that these agencies provide transportation improvements so as to maintain the levels of service adopte~d in the Transportation Element. The City shall continue to perform the proper notification of affected agencies concerning bordering unincorporated properties or future annexation land. The City shall coordinate with the County in reference to County developments near the City's borders and review such projects through a consistent process. Close attention shall be paid to those areas where City annexation is possible within two years. The City shall agree by 2002 upon the process to review County projects of threshold impact for future City annexation areas. The City should hold informal meetings with the County to promote the joint review of pertinent plans in order to ensure the prompt remm of comments from the Palm Beach County Engineering Office concerning local development plans; comments should be obtained simultaneously. The City shall continue to coordinate with the South Florida Water Management District, Florida Department of Transportation, and the Lake Worth Drainage District in order to stay apprised of the policies, regulations and programs of the Districts and to improve the local waterways. The City shall continue to work cooperatively with the State of Florida, the South Florida Water Management District, and the Intergovernmental Plan Amendment Review Committee in developing and implementing pertinent water use standards and policies by staying apprised of the actions and policies of the appropriate agencies whose focus includes multijurisdictional issues such as water needs and water quality, City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-9 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.17.2 The City, via the Engineering Department, shall continue to maintain a collection of the current annual development policies and regulations of the South Florida Water Management District and Lake Worth Drainage District. Policy 8.17.3 By 2002, the City will initiate discussions with the Florida Department of Transportation relative to improving the water quality of storm water discharges. Policy 8.17.4 By 2002, the City will initiate discussions with the South Florida Water Management District relative to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. Objective 8.18 The City shall continue the existing coordination mechanisms with the Palm Beach County Health Department and the Florida Department of Environmental Protection and strive to develop consistent policies and regulations. Policy 8.18.1 The City shall stay apprised of hazardous waste regulations and policies listed in the County's Comprehensive Plan and by annual contacts with the Department of Environmental Protection. Policy 8.18.2 The City shall provide (along with adjacent entities if recharge areas of mutual concern are identified) adequate feedback to the County, if necessary, regarding policies that relate to hazardous materials, wellfields, and significant recharge areas, and attempt to coordinate the development of future regulations. Objective 8.19 The City, or Board, shall order to plan the South Central Wastewater Treatment and Disposal continue to coordinate with the appropriate entities in for future treatment facility expansion. Policy 8.19.1 Coordination among the Cities of Boynton Beach and Delray Beach, the South Central Wastewater Treatment and Disposal Board, and Palm Beach County, shall include the analysis of the buildout population projections of the service area and facility expansion shall be based on this analysis. Objective 8.20 The City shall, if necessary, consider establishing a committee to work directly with the Solid Waste Authority in order to jointly monitor the ongoing and expanded resource recovery and recycling programs within the City of Boynton Beach. Policy 8.20.1 The committee shall work cooperatively and actively with the Solid Waste Authority in evaluating the necessary policies and programs required to satisfy State Law concerning resource recovery (recycling) and continued efforts to maintain State standards. The committee shall also keep the City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-10 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.20.2 Objective 8.21 Policy 8.21.1 Policy 8.21.2 Policy 8.21.3 Policy 8.21.4 Objective 8.22 Policy 8.22.1 Policy 8.22.2 Solid Waste Authority apprised of any changes to the City's Future Land Use Plan which would substantially increase the volume of solid waste generated. The City shall continue to establish procedures to coordinate and participate in long term area wide planning efforts for provision of solid waste resource recovery and regional sewage disposal. The City shall continue the level of communication with Palm Beach County necessary to promote the policies of Bo_ynton Beach concerning water and sewer service and development within thewater and sewer area for the West Boynton Area and the annexation area limits. The City shall continue to communicate with Palm Beach County and participate in any appropriate meetings or workshops in order to discuss, begin planning for, and reach an agreement concerning future urban services within the rese~we annexation area and that area described in the West Boynton Area Plan. The City shall negotiate with the Palm Beach County Health Unit and the South Florida Water Management District to reach a mutually acceptable agreement which minimizes the permitting of well and septic systems on lands within the unincorporated enclaves or within a certain distance fi:om the City's border. The City shall coordinate with the Palm Beach County Health Unit in proposed annexation areas to encourage central sewer systems within unincorporated enclaves that are adjacent to the corporate limits. The City shall continue to modify and enforce regulations to require connection to public water supply and extension of water lines to property boundaries in accordance with applicable Palm Beach County Environmental Control Rules. The City shall promote intergovernmental coordination with the Palm Beach County School Board on the siting of new schools in order to assist the School Board in maintaining or improving the quality of the County's school system. Furthermore, new schools shall be located in close proximity to urban residential areas and other public facilities. The City shall notify the School Board of all housing developments which exceed 20 dwelling units and provide them with the necessary data for their analysis of the impact upon the racial balance of the areas schools. The City shall assist the School Board in locating future school sites. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01ER 8-11 Date: June 20, 2000 Intergovernmental Coodination Element OrdNance 00-29 Policy 8.22.3 Policy 8.22.4 Policy 8.22.5 Policy 8.22.6 Policy 8.22.7 The City shall support and assist in implementing a County-wide school impact fee. 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. The City shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular format forum in whi~l~ to deal with issues unique to Palm Beach County and the municipalities therein. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and local unwanted land uses. At a minimum, the threshold acreage for new schools shall be as follows: 1) Elementary Schools: A minimum of four acres for the first 200 students, plus one acre for each additional 100 students. 2) Middle Schools/Junior High Schools: A minimum of six acres for the first 300 students plus one acre for each additional 100 students. 3) Senior High Schools: A minimum of seven acres for the first 300 students plus one acre for each additional 50 students up to 1,000 students, plus one acre for each additional 100 students thereafter. 4) Area Vocational-Technical School: A minimum of 20 acres for the first 500 students plus one acre for each additional 50 students up to 1,000 students. 5) Community College: A main campus site shall be a minimum of 100 acres. Each separate center site shall contain a minimum of 40 acres for the first 500 students plus two acres for each additional 100 students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Upon issuance of a Development Order for a new school, the necessary public facilities such as, but not limited to, sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-12 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Policy 8.22.8 Policy 8.22.9 Policy 8.22.9.a Policy 8.22.9.b Policy 8.22.9.c Objective 8.23 Policy 8.23.1 Policy 8.23.2 Objective 8.24 Policy 8.24.1 Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. The City shall request that the School Board submit for review information on renovations, additions, and proposed expansions to property owned by the School Board to assure the availability of public facilities and land use consistency, as the proposal relates to future planned improvements. Planners for the School Board, County, and cities shall be included in both the development of the school location criteria and the school siting process. The City should initiate development of school location criteria so the location of potential sites for new schools can be determined as early as possible so that sites can be acquired well in advance of the need for the new schools. The City and School Board planners should consider making schools and their location the focal point for new developments. The City will inform the Bethesda Healthcare Corporation, through establishment of coordination mechanisms with the Corporation, of the growth plans of the City, and if necessary, the major factors influencing economic and redevelopment growth. From the coordination, the City will become aware of the Corporation's needs and concerns as it develops its master plan. The City shall provide the Corporation with pertinent Comprehensive Plan Elements, significant future amendments to the same, and requested information concerning overall growth and redevelopment plans of the City. The City shall address, and where appropriate incorporate, the comments of the Corporation as they relate to population and future growth of the City in a non-sprawl fashion. The City shall, through the Intergovernmental Plan Amendment Review Committee, support the interlocal agreement to protect and preserve the natural environment. The City shall continue to participate in, and support where feasible, the efforts of Palm Beach County to acquire and preserve natural preservation areas and habitats within the City. City of Boynton Beach EAR-based Comprehensive Plan Amendments 00-01 ER 8-13 Date: June 20, 2000 Intergovernmental Coodination Element Ordinance 00-29 Sanitary Sewer Goal 9.A Objective 9A.1 Policy 9A. 1.1 City of Boynton Beach Capital Improvements Element Goals, Objectives, and Policies The City of Boynton Beach shall maintain adequate capacity for treatment and disposal of wastewater, install and maintain adequate wastewater collection and transmission facilities, take steps to minimize wastewater flows and urban sprawl, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing sanitary sewer facilities. Future development and redevelopment in the City shall take advantage of existing sanitary sewer facilities, wherever possible. Potable Water Goal 9B Objective 9B.1 Policy 9B. 1.1 Policy 9B. 1.2 Policy 9B.1.3 The City of Boynton Beach shall maintain adequate potable water treatment and distribution facilities. The City shall take steps to minimize increases in demands and urban sprawl, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Adequate and Efficient Distribution Facilities. The City of Boynton Beach shall continue to provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water Master Plan. Water Conservation. The City of Boynton Beach will continue to minimize demands for water to reduce system expansion costs and the need for increased groundwater withdrawals. Equitable Financing of System Improvements and Operations. The City of Boynton Beach shall continue to fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-1 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9B. 1.4 Prevention of Urban Sprawl. Development and redevelopment will continue to be encouraged in areas adequately served by existing water transmission and distribution facilities. Parks Goal 9C Provide adequate open space and recreational facilities and programs to meet the needs of present and future residents, including seasonal visitors, and special groups such as the elderly and handicapped. Objective 9C.1 By 2002, the City shall provide adequate automobile parking (excluding mini parks), bike rack facilities, and handicap access to all existing and Planned, neighborhood and district parks operated by the City by the Year 2000, where available space exists. Policy 9C. 1.1 The City shall continue to provide adequate automobile parking and bike rack facilities within all parks developed after the adoption of this Plan. Policy 9C. 1.2 Policy 9C. 1.3 Policy 9C. 1.4 By2002, the City shall provide parking and bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as part of the on-going maintenance effort and deficiencies corrected within 18 months. Private sponsorship of bike racks will be explored if City funding is inadequate. The City shall continue to examine the extent of barrier-free access within neighborhood and district parks, and deficiencies will be addressed in a Plan that sets the phasing and fimding. The City shall amend the land development regulations to require that all future parks, and applicable facilities, include barrier-free ADA design for the handicapped to be retrofitted, if funds are available, three parks per year. Policy 9C. 1.5 The City shall provide, contingent upon County assistance or support, the Palm Tran shuttle service for patrons of beach front parks. Policy 9C. 1.6 By 2002, the City will provide additional access to the Intercoastal Waterway. Objective 9C.2 The City shall ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations "D", proposed park development schedule, Table #2-Neighborhood Park Needs Analysis, Table #3-District Parks Needs and Analysis, and .Table g4-Facility Needs Analysis. Policy 9C.2.1 The City shall adopt the Level of Service standard for Neighborhood Parks as indicted in Table 2 and a LOS standard for District Parks of 2.5 acres per 1,000 persons (see Table 3 of the EAR). The City shall consider the level of service advisory standards for recreation facilities set forth in Table 7. The City of Boynton Beach School Concurrency Amendments Amendments 01-SCI 9-2 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 level of service in Table 7 shall be evaluated pursuant to the data and analysis which is required for the Capital Improvements Element, pursuant to the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. The following are advisory level of service standards for recreation facilities, as indicated in Table 7 shown below. Baseball/Soft. Youth - 1 per 15,000 persons, Baseball, Reg, - 1 per 25,000 persons, Basketball Courts - 1 per 3,000 persons, Beach Frontage - 15 feet per 1,000 persons, Boat Ramps - 1 per 8,000 persons, Community Centers - 1 per 25,000 persons, Fitness Trails - 10 stations per 10,000 persons, Football/Soccer Fields - 1 per 40, 000 persons, Golf- 1 per 30,000 persons, Handball/Racq. Courts- 1 per 10,000 persons, Picnic Areas - 1 per 6,000 persons, Playgrounds - 1 per 4,000 persons, Practice Fields - 1 per 10,000 persons, Combination Fields - 1 per 10,000 persons, Shuffleboard Courts - 1 per 2,500 persons, Swimming Pools - 1 per 40,000 persons, and Tennis Courts - 1 per 2,000 persons. Policy 9C.2.2 For areas to be annexed, which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing neighborhood park facilities serving the area. Policy 9C.2.3 The City shall complete, or initiate, the development of facilities consistent with Table 2 - Neighborhood Park Needs Analysis and Table 3 - District Park Needs Analysis. Policy 9C.2.4 The City shall increase access to parks and recreation facilities by providing lighting, or plan for the provision of lighting through project phasing, for all future active-recreation facilities. The lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. Policy 9C.2.5 The City shall maintain, or increase, the existing level of activities that comprise the City's contribution to the Community School Program. Policy 9C.2.6 By 2002, the City shall initiate development of strategic neighborhood plans with parks as one component. Policy 9C.2.7 The City shall coordinate the design and development of future neighborhood parks with private recreation facilities in the respective neighborhoods. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-3 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Objective 9C.3 The City shall increase the proportion of residential developments that provide private recreation areas, and require that-future private recreation areas are developed and equipped 'so as to be the equivalent of a public neighborhood park. Policy 9C.3.1 The City shall continue to enforce the Subdivision and Platting Regulations which require that all residential developments that exceed 100 dwelling units provide a private recreation area, unless however, public parks are located within one-half mile fi.om the project, which satisfies the 2.5 acre per 1000 residents LOS standard. Policy 9C.3.2 The City shall continue to enforce specific criteria within the Subdivision and Platting Regulations that guide the development and facilitation of private park areas and/or private recreation facilities that are used to satisfy the requirements for receiving 50% credit toward the public park dedication requirement. The criteria shall require that the needs of residents are met in accordance with standards contained in this element. A study shall be conducted to determine the impact of this criteria, especially regarding the type and size of amenities that can receive partial impact fee credit. Policy 9C.3.3 The City shall continue to require that all residents of a Planned Unit Development project have access to at least a portion of the private recreation areas provided, unless similar public facilities are located within a one-half mile walking distance. A Planned Unit Development with private recreation areas will qualify for a 50% credit against the required impact fee. Policy 9C.3.4 The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away. Policy 9C.3.5 The City shall continue to require a minimum of 6 acres per 1,000 population park dedication, fees in lieu thereof equal to the value of the land to be dedicated, or a combination of fees and land. Policy 9C.3.6 The City shall continue to enforce regulations, which require the dedication of lakefront park sites in residential developments. Such recreation areas adjacent to water should be considered as minimum criteria for receipt of a 50% credit. Objective 9C.4 The City shall provide public access to two native habitat sites for the purpose of providing a nature study area by the year 2002 consistent with the development schedule for seacrest scrub. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-4 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9C.4.1 In order to ensure the preservation of important natural areas and reservations, the City shall, by 2002, identify scrub sites to be develope4 as a nature study area and identify the appropriate public or private funding mechanism(s) or source(s) appropriate for such a scrub preservation project. Public School Facilities Goal 9D To provide for future availability of public school facilities consistent with the adopted level of service standard. This goal shall be accomplished recognizing the constitutional obligation of the school district to provide a uniform system of free public schools on a countywide basis. - Objective 9D.1 To ensure 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 9D. 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 ali schools of each type within the School District as 110 percent utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that a particular school can operate in excess of 110% utilization. No school shall operate in excess of 120% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. Policy 9D. 1.2 The adopted LOS standard shall become applicable to the entire County at such time as the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table 1.1-1, of the Public School Concurrency Element, establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of the Public School Concurrency Element (Table 1.1-2). Goal 9E To ensure the orderly and efficient provision of all public services and facilities necessary to serve existing and future local population needs. Objective 9E.1 To develop a comprehensive and coordinated funding strategy for the implementation of existing or anticipated capital improvement needs as identified in the adopted Capital Improvement Element, the local Comprehensive Plan or through other local planning efforts. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-5 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E. 1.1 Policy 9E. 1.2 Policy 9E. 1.3 Policy 9E. 1.4 Policy 9E. 1.5 Policy 9E. 1.6 Objective 9E.2 Policy 9E.2.1 The City shall continue to maintain a local capital project review criteria which, at a minimum, objectively prioritizes projects on the basis of consistency with local comprehensive planning activities, csst feasibility and effectiveness, relative magnitude and term of need, intergovernmental commitments, the ability to take advantage of other jurisdictional capital improvements, and overall budget impacts. The City shall continue to recognize that capital expenditures necessary to maintain or improve existing facilities take precedent over expansion or anticipated future facility needs. The City shall monitor and evaluate the Capital Improvements Element on an annual basis and reaffirm the City's Capital Improvement Program in conjunction with annual budget deliberations and adoption. The City shall maintain budget review procedures which recognize needs and utilize priority criteria to fimd capital improvement needs of the various Comprehensive Plan Elements. The City shall annually update the Five Year Capital Improvements Program and accompanying Capital Budget and submit to the Commission a finalized Capital Improvements Program budget prior to January 1st of each calendar year. The Five Year Capital Improvements Program shall be consistent with the data and analysis for the Capital Improvements which are required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the programmed provision of additional services at the adopted level of service standards and meet existing and future facility needs. The City shall maintain development review procedures and the land development regulations ensuring that all development proposals are consistent with the City's adopted level of service standards. Where appropriate, these procedures and regulations shall provide for the timely implementation of additional improvements. For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy 10A. 1.8 City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-6 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E.2.2 Policy 9E.2.3 Policy 9E.2.4 Policy 9E.2.5 The City shall condition the approval of proposed development or redevelopment projects on the basis of project related service needs being concurrently available at the adopted level of service standards specified in Policy 9D.2.4. The City shall allow for phasing of development-related infrastructure improvements concurrently with project impacts on public facilities. The Level of Service (LOS) for capital facilities shall be: · for sanitary sewer - 90 gallons per day per capita: · for potable water - 200 gallons MDF per capita peak population: · for solid waste - 7.2 pounds per capita per day with bi-weekly pickup: for drainage - 3 Year design storm at watershed concentration time, (the time required for water to flow from the hydraulically most remote point in a basin to the basin outlet): · for drainage - Floor elevation above 100 Year storm (a minimum of six inches above the crown of any abutting road): · Level of Service "C" or better under daily and peak hour conditions on all unspecified City local and collector highway facilities. Level of Service "C" for average daily and Level of Service "D" for daily peak season and year-round peak hour conditions on all non-specified arterial facilities. Level of Service "D" for year round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US 1 between Boynton Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and for Boynton Beach Boulevard east of 1-95. Level of Service ~ "Maintain" for all facilities where Level of Service standards have been exceeded. Capital improvements shall not be made which are inconsistent with the development and redevelopment policies concerning the coastal high-hazard area. Capital improv,ements which reduce or eliminate existing public hazards shall be given priority as part of the annual and five-year evaluation of capital improvements projects. Capital improvements related to water and sewer City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-7 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E.2.6 service shall be based upon the assumption that all land within the utility service areas will eventually be developed for urban land uses served by central water and sewer systems. Capital improvements related to parks, recreational facilities, roads, drainage, and solid waste shall be based upon the assumption that all land east of Lawrence Road will eventually be annexed into the City and will'be developed for urban land uses. All development orders and permits shall require evaluation either by the applicant or by City staff to determine whether public facilities are available concurrent with the impacts of development. For minor projects and development of individual lots which are vested, this concurrency evaluation may be done on a cumulative basis at least once per year. All community redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which serve the redevelopment area to determine whether the levels of service contained in the Plan are met, and to examine sources of funding for any necessary capital improvements related to these public facilities. The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: Boynton (C-16) Canal: In particular, the findings and recommendations concerning the primary drainage facilities shall be coordinated with the South Florida Water Management District and Lake Worth Drainage District. as a part of the creation of this master plan. The City's drainage master plan shall be coordinated with the drainage studies which will be conducted by the Lake Worth Drainage District. Intracoastal Waterway: The design of public facilities which are over, adjacent to, or in Lake Worth or the Intracoastal Waterway shall comply with the requirements of the inland Navigation District and the Army Corps of Engineers. State Highways (interstate 95, Boynton Beach Boulevard, U.S. Highway 1, State Road A1A) and the City's Future Traffic Circulation Plan (Table-20 of the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are listed in the Palm Beach County Transportation Improvement Program, and all of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall continue to require improvements by developers and/or payment of impact fees, in order to maintain the adopted City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-8 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E.2.7 Policy 9E.2.8 Objective 9E.3 Policy 9E.3.1 Policy 9E.3.2 levels of service on state highways, and shall require the dedication of the necessary right-of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropolitan Planning Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. Public School Facilities. The City of Boynton Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: 1. School siting criteria; - 2. Level of service update and maintenance; 3. Joint approval of the public school capital facilities program; 4. Concurrncy service area criteria and standards; and 5. School utilization. Priorities for replacement, correcting existing deficiencies, and providing for future needs shall be made according to need. The need shall be determined by the City Council after recommendation by the Local Planning Agency. The list of priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first. Issues related to public health shall receive first priority, issues related to providing the adopted level of service shall receive second priority, and all other additional issues shall be implemented as needed to maintain operational efficiency in the City. The City shall maintain levels of service for public facilities. Land development orders and permits shall be: conditioned upon the availability of public services, shall meet or exceed adopted level of service standards, and shall be consistent with the data and analysis for the Capital Improvement Element which is required by the stipulated settlement agreement between the City and the Department of Community Affairs. The City shall continue to provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain level of service standards. The City shall continue to require the performance bonding of project related utility or traffic circulation improvements necessary to accommodate the development of vacant parcels or substantial redevelopment of existing properties. The City shall continue with the preference for the actual construction of adjacent site road improvements in lieu of impact fee payments. City of Boynton Beach School Concurrency Amendments Amendments 01~SC1 9-9 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E.3.3 The City shall continue to enforce the land development regulations process for assessing new development on a pro rata share of the costs necessary to finance public facility improvements in order to maintain th~ adopted level of service standards specified in Policy 9D.2.4. Objective 9E.4 Maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. Policy 9E.4.1 Capital Improvements shall be financed, and debt shall be managed, as follows: 1. Public facilities financed by enterprise funds (i.e., utilities, potable water, sanitary sewer, solid waste, and golf course) shall be financed by: a. Debt to be repaid by user fees and charges for enterprise service; or b. Current assets (i.e., reserves, surpluses, and current revenue, including transfers); or c. A combination of debt and current assets. Public facilities which are financed by non-enterprise funds (i.e., roads, stormwater management, parks, library, fire service, police protection, and government buildings) shall be financed from current assets: Revenue, equity and/or debt. Specific financing of specific capital projects shall consider which asset, or group of assets, will be most cost effective, consistent with prudent asset and liability management, appropriate to the useful life of the project(s) to be financed, and efficient use of the local government's debt capacity. Policy 9E.4.2 The City of Boynton Beach shall maintain a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits, This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. Policy 9E.4.3 Where feasible, the City's Capital Program shall recognize specific funding sources for specific projects or project categories. Policy 9E.4.4 The City will continue to maintain levels of service for public facilities and other comprehensive plan goals, objectives, and policies to be consistent with the data and analysis for the Capital Improvements Element as required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-10 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Objective 9E.5 Policy 9E.5.1 Policy 9E.5.2 The City will continue to utilize procedures for providing funding for capital improvements that can be adequately accommod_ated by projected revenues or other financial resources and provide for the public facility needs required by previously issued development orders or future development approvals. The City shall maintain an inventory of projects with development orders which were issued prior to Plan adoption and itemize the public facility needs of each. The following rules shall apply with respect to the ve~ting of land development orders and permits, insofar as compliance with Comprehensive Plan Goals, Objectives, and Policies and the provision of public facilities which meet the adopted levels of service are concerned: A land development order or permit shall be construed to be vested with respect to compliance with the Comprehensive Plan Goals, Objectives, and Policies, and the provision of public facilities which meet the adopted levels of services if it meets any one of the criteria set forth under (a), (b), or (c) below: A Development of Regional Impact development order has been issued prior to the date of adoption of the Comprehensive Plan or the City has issued a final local development order and development has commenced and is continuing in good faith. The definition of development shall be that contained in Section 380.04, Florida Statutes. b. A development order or permit has been issued which meets any one of the criteria set forth under (1), (2), or (3) below: For development orders and permits for which a building permit only is required, and site plan approval and/or platting is not required: The development order or permit is for the construction of a single-family detached or duplex dwelling or addition to same, or conversion of a single-family dwelling to a duplex, on platted lots within subdivisions which were recorded prior to January 13, 1978. For development orders or permits for which site plan (which includes conditional use) approval is required and a building permit is required, but platting is not required: Construction of improvements on a parcel in accordance with a site plan (or conditional use) which has been approved for the parcel, and such approval, or any time extensions thereto, occurred prior to the date of plan adoption. Such projects shall be vested until site plan approval or the last time extension for same lapses, including any revisions submitted during this time which do not increase the demand for public facilities compared to the original City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-II Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Policy 9E.5.3 Policy 9E.5.4 project. Approval of any revisions shall lapse, however, when original site plan approval or last time extension lapses. Such projects shall be vested for future time extensions or for revisions that are lsubmitted after the site plan approval or last time extension lapses, or for any revisions to the extent that the demand for public utilities would be increased. A site plan shall be construed to have lapsed if an application for building permit for the project is not submitted within one (1) year of the date of the approval of the site plan. For development orders or permits for which both platting and a building permit are required, or for which platting, site plan approval, and a building permit is required, the following shall be vested: All development orders and permits within a subdivision for which the master plan was approved or time extension for same was approved prior to the date of Comprehensive Plan adoption, until the subdivision master plan approval or the last time extension lapses, including any revisions submitted during this time which do not increase the demand for public facilities compared to the original project. Approval of any revision shall lapse, however, when the original master plan or last time extension lapses. A project shall not be vested for future time extensions or for revisions that are submitted after the subdivision master plan or last time extension lapses, for any revisions to the extent that the demand for public facilities increases. A subdivision master plan shall be construed to have lapsed if a preliminary plat for the first phase of the project is not submitted within 18 months of the date of master plan approval, or the final plat for the first phase of the project has not been submitted within 1 year of the date of approval of the preliminary plat, or construction of the required improvements for the plat of the first phase of the project has not commenced within 1 year of the date that the plat is recorded. Projects which were the subjects of court orders regarding land use, zoning, planning, use or development of a parcel. Development orders or permits which are the subject of or required by such court orders shall be construed to be vested for as long as the court order remains in effect. The City may adopt more restrictive criteria for vesting with respect to (a) and (b) above, in its code of ordinances, or concun'ency management system, but shall not adopt less restrictive criteria for vesting. The City shall maintain a maximum debt capacity in constant dollars based on establishment of the proper debt service ratio prior to June, 1990. The City shall continue to enforce in its Concurrency Management Ordinance, the provisions which address and ensure the availability of public facilities to City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-12 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 serve development projects for which development orders were issued prior to the effective date of the City's Concurrency Management Ordinance, as follows ("exempt" projects shall be defined as those projects which are not required to demonstrate that concurrency requirements have been met, in order to proceed): a. Potable Water Populations of exempt projects shall be taken into account in determining whether level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be such approved or permitted if such approval or permitting would cause the level of service not to be met. b Sanitary Sewer Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. c. Drainage Demand for drainage facilities which would be created by exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. Exempt projects shall be required to comply with any drainage requirements of the South Florida Water Management District, Lake Worth Drainage District, and City which were in effect at the time the project was approved. d. Solid Waste Populations of exempt projects shall be used in determining whether the level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. e. Recreation Facilities Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects City of Boynton Beach School Concurrency Amendments Amendments 01-SCI 9-13 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. Existing or approved-private recreation facilities serving exempt residential projects shall not be reduced in number and/or size below the adopted levels of service for such facilities. f. District Park Acreage Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. g. Neighborhood Park Acreage 1. For Projects in the City: For existing or exempt project which have 2 or more private recreational facilities which service the project, neighborhood park facilities shall be considered to have been provided, and the number and/or size of these recreation facilities shall not be reduced below the adopted levels of service for such facilities. Existing or approved recreation areas or parks serving exempt residential projects shall not be reduced below the adopted levels of service for neighborhood parks. For neighborhoods and projects which do not meet the criteria set forth in paragraph (1) above, populations of exempt projects shall be used in determining whether the level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. However, any project for which neighborhood park and recreation facilities are provided in accordance with Policy 5.5.1 shall be construed to not affect the availability of neighborhood park and recreation facilities for any other projects. 3. For Annexed Areas and Projects: For areas which are platted, developed, under construction, or have development plans which have been approved by Palm Beach County, and are subsequently annexed, neighborhood parks shall be those which were provided or required by Palm Beach County. Existing or approved recreation areas or parks serving exempt City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 9-14 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 residential projects shall not be reduced below the adopted levels of service for neighborhood parks. h. Roads Traffic generation from exempt projects shall be used in calculating background traffic for new projects and projects which are not exempt, in accordance with the Palm Beach County Traffic Performance Standards Ordinance. Road improvements and road impact fees which were required as a condition of the approval for exempt projects shall continue to be required. Objective 9E.6 Use the Capital Improvements Element as a means to meet the needs of the City for the construction of capital facilities to meet existing deficiencies, to accommodate desired future growth and to replace obsolete or worn-out facilities. Policy 9E.6.1 The Capital Improvements Program will be reviewed annually to meet the needs of the City. Policy 9E.6.2 The City shall enforce the concurrency management system to ensure that public facilities and services needed to maintain adopted levels of service standards are available concurrent with the impacts of development. The concurrency management system shall follow the guidelines and meet the requirements established in Rule 9J-5.0055, F.A.C. Objective 9E.7 The City shall establish formal procedures to limit public expenditures that subsidize development in the coastal high-hazard area. Policy 9E.7.1 The City shall continue to enforce the policy that limits subsidizing development in the coastal high hazard area defined as the barrier island and all areas within two blocks of the Atlantic Intracoastal Waterway between Northlake Boulevard and the Broward County Line by formulating a Post-Disaster Redevelopment Plan that address the extent of rebuilding after a major storm event. The purpose of the Plan would be to identify any areas of the coastal high hazard area that would be restricted or developed in an alternative manner. The Post-Disaster Redevelopment Plan should be completed prior to the Five Year Comprehensive Plan update. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-15 Date: December 18, 2001 Capital Improvements Element Ordinance No. 01-61 Goal 10A Objective 10A.1 Policy 10A. 1.1 Policy 10A. 1.2 Policy 10A. 1.3 City of Boynton Beach Public School Facilities Element Goals, Objectives, and Policies ' PUBLIC SCHOOL CONCURRENCY It is a GOAL of the City, of Boynton Beach to provide for future availability of public school facilities consistent with the adopted level of service standard. This goal shall be accomplished recognizing the constitutional obligation °fthe school district to provide a uniform system of free public schools on a countywide basis. Level Of Service To ensure 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. 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, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that a particular school can operate in excess of 110% utilization. No school shall operate in excess of 120% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% or cannot operate in excess of 110%, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: · Demographics in the school's Concurrency Service Area (CSA); City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 10-1 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 Policy 10A. 1.4 Policy 10A. 1.5 Policy 10A. 1.6 · Student population trends;Real estate trends (e.g. development and redevelopment); · Teacher/student ratios; and · Core facility capacity; The adopted LOS standard shall become applicable to the entire County at such time as the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table 1.1-1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table 1.1-2). Concurrency Service Areas (CSA) shall be established on a less than district- wide basis, as depicted on Map PS 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-One 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 the area. b. Section lines, major traffic-ways, natural barriers and county boundaries. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five-year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. o Consistent with s. 163.3180( 13)(c)2.,F. S., changes to the CSA boundaries shall be made only by amendment to the PSFE and shall be exempt from the limitation on the 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. The City Of Boynton Beach shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five Year Plan, as reflected in the Six Year Capital Improvement Schedule of the Capital City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 10-2 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 Policy 10A.1.7 Policy 10A. 1.8. Policy 10A. 1.9 Improvement Element of the City Of Boynton Beach's Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. - ' The City Of Boynton Beach shall amend Table 17 (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five Year Plan. For purposes of urban infill and in recognition of the entitlement density provisions of the City Of Boynton Beach's Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. The City Of Boynton Beach shall suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: The occurrence of an "Act of God"; or · The School Board does not adopt an update to its Capital Facilities Plan by Septemberl 5th of each year; or · The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service for all schools of each type for each CSA; or · The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or · If concurrency is suspended in one-third or more of the CSAs pursuant to Policy 10A. 1.9.2 below. School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: · Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital' Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or · The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS); or · Where the School Board materially amends the first 3 years of the City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 10-3 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 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. 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. If a Program Evaluation Report recommends that concurrency be suspended because the program 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". 5. Upon termination of the Interlocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective 10A.2 Facilities Requirements 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 10A.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. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or 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 othe .ryvise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. Policy 10A.2.2 A development order shall be issued and mitigation measures shall not be exacted when the adopted level of service standard cannot be met in a particular concurrency service area, as applied to an application for a City of Boynton Beach School Concurrency Amendments Amendments O1-SC1 10-4 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 Objective 10A.3 Policy 10A.3.1 Goal lOB Objective 10B.1 development order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. Six-Year Capital Improvement Schedule To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. The City Of Boynton Beach, in coordination with the School District and other local governments, shall annually amend Table 17 of the Capital Improvement Element (School District of Palm Beach County Six-Year Capital-Improvement Schedule), to maintain consistency with the School Board's adopted Five Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION It is the GOAL of the City Of Boynton Beach to maintain and enhance joint planning processes and procedures for coordination of public education facilities for planning and decision-making regarding population projections, public school siting, and the development of public education facilities concurrent with residential development and other services. School Facility Siting To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 1 OB. 1.1 Policy 10B. 1.2 Policy 1 OB. 1.3 The City Of Boynton Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. There shall be no significant environmental conditions and significant historical resources on a proposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 10-5 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 Policy 10B. 1.4 Policy 10B. 1.5 Policy 1 OB. 1-6: Objective 10B.2 Policy 10B.2.1 Policy 10B.2.2 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the comprehensive plan, if applicable to the site. The City of Boynton Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City Of Boynton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infi'astructure improvements; · Providing for the review for all school sites as indicated in Policy 2.1-a above; and, - · Allowing schools as a permitted use within all urban residential land use categories. The City Of Boynton Beach 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 plans prepared. Intergovernmental Coordination To establish 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. The City Of Boynton Beach 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. 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 Inteflocal Agreement to establish Public School Concurrency mentioned in Policy 2.2-a above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; City of Boynton Beach School Concurrency Amendments Amendments 01-SCI 10-6 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 &. 6. 7. School District Management Reports; and Operation and effectiveness of the Concurrency Program; Program Evaluation Reports. Policy 10B.2.3 The City Of Boynton Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: 2. 3. 4. 5. School siting criteria; Level of service update and maintenance; Joint approval of the public school capital facilities program; Concurrency service area criteria and standards; and - School utilization. Policy 10B.2.4 The City Of Boynton Beach shall provide the School District with its Comprehensive Plan, along with the five-year Land Use and population projections, to facilitate development of school enrollment projections and shall annually update this information. The City Of Boynton Beach shall coordinate its Comprehensive Plan and the Future Land Use Map with the School District's long range facilities maps (Maps PS 3.1 and PS 3.2), to ensure consistency and compatibility with the provisions of this Element. Policy 10B.2.5 The City Of Boynton Beach shall advise the School District of a proposed public school site's consistency with the City Of Boynton Beach's Comprehensive Plan and land development regulations, including the availabihty of necessary public infi'astructure to support the development of the site. Policy 10B.2.6 The City Of Boynton Beach shall provide oppommity for the School District to comment on comprehensive plan amendments, rezonings,, and other land-use decisions which may be projected to impact on the public schools facilities plan. Policy 10B.2.7 The City of Boynton Beach shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration off 1. Design and/or retrofit of public schools as emergency shelters; 2. Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; 3. Designation of sites other than public Schools as long term shelters, to allow schools to resume normal operations following emergency events. Objective 10B.3 Population Projections To establish a joint process of coordination and collaboration between the City Of Boynton Beach, Palm Beach County and the School District in the planning and decision making on population projections. City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 10-7 Date:December 18, 2001 Public School Facilities Element Ordinance No. 01-61 Policy 10B.3.1 The County shall convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons-per-household 'figures, historic growth rates and development potential considering the adopted Future Land Use maps of all local government Comprehensive Plans. These projections are shown in Exhibit E of the Interlocal Agreement as "Projected Units Table"-which shall be amended annually and provided to the School District. Policy 10B.3.2 The City Of Boynton Beach commits working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County is 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. City of Boynton Beach 10-8 Date:December 18, 2001 School Concurrency Amendments Public School Facilities Element Amendments 01-SC1 Ordinance No. 01-61 TABLE OF CONTENTS SECTION I ............................................................... PROJECT OVERVIEW SECTION II ................................................... EXISTING SITE DESCRIPTION SECTION III ................................................ INFRASTRUCTURE OVERVIEW SECTION IV ................................ DEVELOPMENT REGULATION OVERVIEW SECTION V ................................................ EXISTING DOCUMENT REVIEW SECTION VI ................................ POSSIBLE PROJECT FUNDING SOURCES SECTION VII .................. TOWN CENTER EVENTS AND USE PROGRAMMING SECTION VIII .................................................. STAKEHOLDER INTERVIEWS SECTION iX ................................................. PARTNERSHIP STRUCTURING SECTION X ................................................... CONCEPTUAL MASTER PLAN SECTION XI ............................................ CONCEPTUAL PROJECT BUDGET SECTION XII ........................................ CONCEPTUAL PROJECT SCHEDULE SECTION XIII ....................................... PRELIMINARY RECOMMENDATIONS O'GORMAN · BUDANO SECTION I- PROJECT OVERVIEW The research for this report was conducted during the months of May, June and July, 2004 by Corey W. O'Gorman, AICP and Angela F. Budano. At several meetings dudng that time frame, work-in-progress reports were reviewed by a working group comprised of Vice-Mayor Mike Ferguson, CRA Member Don Fenton, City Manager Kurt Bressner, and CRA Executive Director Doug Hutchinson. The research, meetings, and the work-in-progress reports became a basis for this Implementation Plan. General: This analysis focuses on formulation of an implementable redevelopment strategy and establishment of a partnership structure for moving forward with redevelopment of the Town Square area in consideration of the uses which presently exist in the area. Those uses include City administrative offices, Children's Museum, the Madsen Center, the former High School, Civic Center, Library and several recreational areas. Recently the CRA has proposed modifying the scope of the Town Square through the addition of a museum use that would become regional attractor. Feasibility of this museum is presently being studied by the CRA, and a draft report has been completed identifying the Town Square as a preferred location. The CRA is also in the process of formulating a plan for the Boynton Beach Boulevard Corridor which may affect the Town Square. The Town Square project can also be defined by illustrative plans formulated by the Boynton Beach 20~20 Redevelopment Master Plan and the Ocean Distdct Plan, as well as the list of capital projects described herein. The project goal generally appears to be enhancement of the area as a Town Square solidifying this area as an anchor for the westem portion of East Ocean Avenue. Town Square: the Boynton Beach Town Square presently serves as the westem anchor to the East Ocean Avenue area and as a community focal point with a variety of civic uses. Traditionally, Town Squares have provided that hub of activity for education, commerce, social interaction, and government; they also have strong compatible relationships to nearby neighborhoods and other activity centers. The Scope of Services for this project includes the following tasks: · Task 1 - Collection of Project Information · Task 2 - Steering Committee Project Strategy Meetings · Task 3- Project Partner Meeting · Task 4 - Conceptual Master Planning This document summarizes the data collected, describing project issues and opportunities, interviews, the initial Project Partner meeting, and provides a conceptual master plan. This document also makes specific recommendations for implementation. The attached report and statements contained therein are true and correct to our knowledge and belief. The accuracy of this report is limited by the information provided to us by others. The report, analysis, opinions, and conclusions are our personal, unbiased, professional analyses, opinions, and conclusions. August2004 - Page 1 O'GORMAN · BUDANO SECTION II- EXISTING SITE DESCRIPTION Tax Parcel Number - parcel numbers per the Palm Beach County Property Appraiser include the following: o 08-43-45-28-06-000-0041 o 08-43-45-28-06-000-0210 o 08-43-45-28-06-000-0160 o 08-43-45-28-06-000-0030 o 08-43-45-28-06-000-0020 o 08-43-45-28-05-014-0063 o 08-43-45-28-05-014-0062 o 08-43-45-28-05-014-0020 o 08-43-45-28-05-014-0010 o 08-43-45-28-05-015-0020 o 08-43-45-28-05-015-0010 Ownership - All of the above tax parcels are owned by the City of Boynton Beach as per the Palm Beach County Properly Appraiser's web site. Location - The project area is generally located in the southeast quadrant of the intersection of Boynton Beach Boulevard and Seacrest Avenue. To the north is Boynton Beach Boulevard, to the west Seacrest Boulevard, to the east 1st Street, and to the south is SE 2® Avenue. The project site also includes NE 1st Avenue, East Ocean Avenue and SE 1st Avenue (a portion of which appears to have been abandoned and is incorporated into the Library expansion project). Present Uses - The uses on the properties listed above include City Administrative offices, the Schoolhouse Children's Museum, the Civic Center, City of Boynton Beach Library, the Arts Center, Madsen Center, and various recreational uses. The buildings on site are listed below with the associated square footage provided: o Civic Center: 9,771 o Library: 27,698 o Madsen Center: 2,966 o Children's Museum: 7,000 o Art Center: 6,642 o City Hall/Chamber 24,853 o West Wing 17,652 o City Hall East Connector 14,981 o P01ice Department 19,896 o Fire Station #1 9,540 o High School 28,420 o TOTAL 169,297 In addition to the above, the Wilson (finished size 16,000 s.f.) and Hester (24,121 s.f.) centers, and August2004- Page 2 O'GORMAN · BUDANO SECTION I- PROJECT OVERVIEW The research for this report was conducted during the months of May, June and July, 2004 by Corey W. O'Gorman, AICP and Angela F. Budano. At several meetings dudng that time frame, work-in-progress reports were reviewed by a working group comprised of Vice-Mayor Mike Ferguson, CRA Member Don Fenton, City Manager Kurt Bressner, and CRA Executive Director Doug Hutchinson. The research, meetings, and the work-in-progress reports became a basis for this Implementation Plan. General: This analysis focuses on formulation of an implementable redevelopment strategy and establishment of a partnership structure for moving forward with redevelopment of the Town Square area in consideration of the uses which presently exist in the area. Those uses include City administrative offices, Children's Museum, the Madsen Center, the former High School, Civic Center, Library and several recreational areas. Recently the CRA has proposed modifying the scope of the Town Square through the addition of a museum use that would become regional attractor. Feasibility of this museum is presently being studied by the CRA, and a draft report has been completed identifying the Town Square as a preferred location. The CRA is also in the process of formulating a plan for the Boynton Beach Boulevard Corridor which may affect the Town Square. The Town Square project can also be defined by illustrative plans formulated by the Boynton Beach 20/20 Redevelopment Master Plan and the Ocean Distdct Plan, as well as the list of capital projects described herein. The project goal generally appears to be enhancement of the area as a Town Square solidifying this area as an anchor for the western portion of East Ocean Avenue. Town Square: the Boynton Beach Town Square presently serves as the western anchor to the East Ocean Avenue area and as a community focal point with a vadety of civic uses. Traditionally, Town Squares have provided that hub of activity for education, commerce, social interaction, and government; they also have strong compatible relationships to nearby neighborhoods and other activity centers. The Scope of Services for this project includes the following tasks: · Task 1 - Collection of Project Information · Task 2 - Steering Committee Project Strategy Meetings · Task 3 - Project Partner Meeting Task 4 - Conceptual Master Planning This document summarizes the data collected, describing project issues and opportunities, interviews, the initial Project Partner meeting, and provides a conceptual master plan. This document also makes specific recommendations for implementation. The attached report and statements contained therein are true and correct to our knowledge and belief. The accuracy of this report is limited by the information provided to us by others. The report, analysis, opinions, and conclusions are our personal, unbiased, professional analyses, opinions, and conclusions. August 2004 - Page 1 O'GORMAN · BUDANO SECTION II- EXISTING SITE DESCRIPTION Tax Parcel Number- parcel numbers per the Palm Beach County Property Appraiser include the following: o 08-43-45-28-06-000-0041 o 08-43-45-28-06-000-0210 o 08-43-45-28-06-000-0160 o 08-43-45-28-06-000-0030 o 08-43-45-28-06-000-0020 o 08-43-45-28-05-014-0063 o 08-43-45-28-05-014-0062 o 08-43-45-28-05-014-0020 o 08-43-45-28-05-014-0010 o 08-43-45-28-05-015-0020 o 08-43-45-28-05-015-0010 Ownership - All of the above tax parcels are owned by the City of Boynton Beach as per the Palm Beach County Property Appraiser's web site. Location - The project area is generally located in the southeast quadrant of the intersection of Boynton Beach Boulevard and Seacrest Avenue. To the north is Boynton Beach Boulevard, to the west Seacrest Boulevard, to the east 1st Street, and to the south is SE 2® Avenue. The project site also includes NE 1st Avenue, East Ocean Avenue and SE 1st Avenue (a portion of which appears to have been abandoned and is incorporated into the Library expansion project). Present Uses - The uses on the properties listed above include City Administrative offices, the Schoolhouse Children's Museum, the Civic Center, City of Boynton Beach Library, the Arts Center, Madsen Center, and various recreational uses. The buildings on site are listed below with the associated square footage provided: o Civic Center: 9,771 o Library: 27,698 o Madsen Center: 2,966 o Children's Museum: 7,000 o Art Center: 6,642 o City Hall/Chamber 24,853 o West Wing 17,652 o City Hall East Connector 14,981 o P01ice Department 19,896 o Fire Station #1 9,540 o High School 28,420 o TOTAL 169,297 In addition to the above, the Wilson (finished size 16,000 s.f.) and Hester (24,121 s.f.) centers, and August2004- Page 2 O'GORMAN · BUDANO the Intracoastal Clubhouse and Women's Center are major recreational facilities in proximity to the Town Square area and as such will take on some programming from the Civic Center should the building be demolished thereby displacing those activities at least temporarily. Access - Primary access to the project area is provided by Boynton Beach Boulevard, Seacrest Avenue, with the other local streets providing secondary access to parking and specific uses. Topography - The site is generally fiat with the exception of modest grade changes that presumably accommodate storm water run-off. Vegetation - The site includes a wide range of vegetation including both native and non-native species some of which should be preserved and some removed. Pedestrian Improvements - With the notable exception of the improvements around the Children's Museum, a majority of the pedestrian improvements are standard brushed concrete sidewalks. The Children's Museum site includes bdck paver sidewalks, pedestrian scale lighting, trash receptacles and various other matching hardscape improvements. There are some sidewalks around the blocks as is typical in new roadway cross-sections. In addition, there are some sidewalks that connect parking areas to buildings. However, there is no obvious pedestrian relationship between buildings or adjacent neighborhoods. Parking - The various buildings and uses include scattered surface parking lots as well as a small parking structure adjacent to the City Administrative offices. A schematic produced by the Boynton Beach Public Works/Engineering Division describes existing and "required" parking for the various buildings on site: City Hall Complex: 502 spaces required; 311 spaces existing; 191 spaces shod Civic Center: 97 spaces required; 89 spaces existing; 8 spaces shod Children's Museum: 23 spaces required; 0 spaces existing; 23 spaces short Library: 92 spaces required; 78 spaces existing;14 spaces short Ad Center: 66 spaces required; 84 spaces existing;18 spaces in excess Madsen Center: 30 spaces required; 16 spaces existing;14 spaces shod High School: Requirement ranges from 95 to 284 spaces; 0 provided The rate for the High School will depend upon the ultimate uses that are assigned to that space. Also, the number of spaces "required" appears to be based on City of Boynton Beach Code requirements for various uses defined In Chapter 2 of the Code of Ordinances, Section 11, H "Provision of Off-Street Parking". The typical ratio of required numbers of space to square footage of use is either 1 space per every 100 gross square feet, or 1 space for every 300 gross square feet. August 2004 - Page 3 O'GORMAN · BUDANO BOYNTON BEACH TOWN CENTER Building Photo's City Hall Children's Museum High School Madsen Center Art Center Library August 2004 - Page 4 O'GORMAN · BUDANO BOYNTON BEACH TOWN CENTER Building Photo's (continued) Neighborhood House- Seacrest Boulevard Neighborhood House - Seacrest Boulevard Garage Entrance- 1~ Street Civic Center From East Ocean Ave. Neighborhood House- 1'~ Street Libra~- North Side August 2004 - Page 5 O'GORMAN · BUDANO BOYNTON BEACH TOWN CENTER Signs Town Center Clock Civic Center Sign City Hall Sign Waming Sign Parking Lot Sign Idenflf,:atJon Signs August 2004 - Page 6 O'GORMAN · BUDANO BOYNTON BEACH TOWN CENTER Signs and Site Improvements A~Cen~rS~n Children's Museum Walkway/Lighting Mad,sen Recreation Center Sign Children's Museum Bike Rack TmilSign Children's Museum Slatue August2004- Page 7 O'GORMAN · BUDANO SECTION III - INFRASTRUCTURE OVERVIEW Utilities - Based on a review of information provided by the City, the following utilities appear to exist on or near the site: o Sanitary Sewer- appears to be located throughout the project area. o Water - appears to be located throughout the project area. o Telephone - appears to be located throughout the project area. o Electric - appears to be located throughout the project area. o Cable TV - appears to be located throughout the project area. Storm water drainage - Where curb and gutter is present storm drainage is directed to drainage inlets in the streets. Where it is not present, it is either conveyed by grass road-side swales or in the streets to drainage outfalls. In addition, there are several areas of dry storm water retention that provide treatment of storm water. Traffic - The area is subject to a recent study conducted by Kimley Horn and Associates to create a "Transportation Concurrency Exception Area" or TCEA. This effort would conclude in adopting amendments to the City's Comprehensive Plan that would exempt development and redevelopment from having to comply with concurrency requirements within limitations established by the TCEA. The TCEA has been approved by PB County and is being reviewed by the DCA at the time of publication of this report. Analysis of the capacity to serve this project with the available infrastructure should be conducted at the appropriate time. In addition, operational improvements and modifications to the existing collection and distribution systems will no doubt be needed to accommodate this project. August 2004 - Page 8 O'GORMAN · BUDANO BOYNTON BEACH TOWN CENTEE Surrounding Street Photo's Seacm.~, SE 2.~ Avenue SE 2~d Avenue NE 1`t Avenue Se 1't Street August2004- Page 9 O'GORMAN · BUDANO SECTION IV- DEVELOPMENT REGULATION OVERVIEW Land Use - the City of Boynton Beach Comprehensive Plan identifies the project area as "Public and Pdvate Govemmental/institutionar'. That land use designation is described as follows: "This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship and pdvate schools. Public schools that were in existing pdor to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/institutional land use category, however, only if shown as such on the Future Land use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations and substations; govemment storage and maintenance facilities; other government-owned or -operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities." Surrounding land use plan designations include the following: North - Local Retail Commercial South - Low and Medium Density Residential East - Local Retail Commercial (along Boynton Beach Boulevard and East Ocean), High Density Residential, and Low Density Residential; and, West- High Density Residential and Local Retail Commercial Zoning - as an implementing category of the Public and Private Governmental/Institutional land use designation, the blocks include Public Usage {PU), and Recreation (REC) zoning categories. The PU zoning district allows "public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; private or semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities; other govemmental agencies such as those providing postal, administrative or regulatory services; and communication towers. The REC zoning district allows "all public, pdvate and semi-private recreation areas, including parks, playgrounds, clubs and golf courses; all non-profit entertainment or athletic facilities, including beaches, madnas, campground, stadia and playing fields, swimming August 2004 - Page 10 O'GORMAN. BUDANO pools and community centers; all water-based activities incidental to the use of the Intracoastal Waterway and the waters and shores of Lake Worth; preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open-space reasons. Surrounding Zoning Designations are as follows: North - Community Commercial (C3) South - Single Family (R1A) East - C3 (along Boynton Beach Boulevard); Multi-Family (R3); and R1A West- R3 Local Land Development Regulations - the Boynton Beach Land Development Code prescribes various regulations and processes that will apply to this project. They include but are not necessarily limited to parking, setbacks, building height, etc. Revisions are presently underway to the Boynton Beach Land Development Regulations. These changes may affect the proposed project. Storm Drainage (South Flodda Water Management District) - expansion of existing structures and/or the construction of new structures will likely require approval of the SFWMD. Potable Water/Sanitary Sewer (FDEP/PB Co Health Dept) - modification or extension of any potable water distribution or sanitary sewer collection system will likely require approval by the FIodda Department of Environmental Protection and/or the Palm Beach County Health Department. Health Department - modifications to the High School building may require permitting by the PB County Health Department for asbestos removal, and any other health hazards which might be discovered. Roadway Permitting - modifications or changes to the project area may require permitting by Palm Beach County Traffic Engineering of Florida Department of Transportation if any changes to county or state-owned roadways are proposed. Additional analysis of the various regulatory impacts of this project will be required at the appropriate time. August 2004 - Page 11 O'GORMAN · BUDANO SECTION V- EXISTING DOCUMENT REVIEW Old H~qh School Task Force Report - November 17, 2003 This report evaluated the former High School building and made several recommendations. The Task Force recommendations included that the City renovate or rehabilitate the High School Building; accept the proposal from Bender and Associates for a design on building stabilization; and, authorize a use allocation plan. In addition to the recommendations, the Task Force identified that there are spaces within the building that have not yet been open for inspection. In follow-up to completion of the Task Force report, the City has appropriated funds and begun moving forward on a two phase initial approach to renovations. According to information obtained in interviews, the first phase of renovations to this facility is "stabilization". This will include closure of existing openings and modifications to the intedor making areas accessible to a contractor for further evaluation. The second phase will include space programming to determine specific uses. Future phases are to be determined. Library Expansion Report This report was prepared in 2001 to assist the City in obtaining grant financing along with City bond proceeds to construct an expansion to the existing 27,698 square feet of space. The report describes existing situations and operational challenges that are being addressed due to increased demand for library services as well as due to technological advances. The City has been successful procuring the grant funds necessary and has appropriated other City funds to complete the design and to construct an expansion of the present facility. The proposed expansion includes a total of 35,166 square feet of library space in a two-story building configuration. Based on information provided in interviews and meetings, the City will be requesting bids to construct the project during the month of July 2004 and construction is expected to commence later this calendar year. Capital Projects Report Update - December 16, 2003 This report was prepared by Kurt Bressner City Manager, for the City Commission and lists a number of capital projects throughout the City. Those that relate to the Town Square project and their respective estimated costs include the following: Art Center Second Floor Expansion Civic Center Recreation Facility Library Renovation/Expansion Ocean District Parking Structure Old High School Refurbishment Public Safety building/City Hall Refurbishment $1,174,790 1,431,8OO 7,032,835 4,8O5,OO0 4,229,85O 23,396,000 (for a new off-site facility) TOTAL $42,070,275 A general description of each project as outlined in the report is as follows: August 2004 - Page 12 O'GORMAN · BUDANO Art Center - this project is a proposed second floor addition of 6,600 square feet to accommodate the unmet demand for art classes on a year-round basis. This report presumes that the building was designed and constructed to accommodate a second floor level The "project readiness evaluation" is that it is 24-36 months out with no work beyond a feasibility study completed. Civic Center - this demolition and reconstruction project is described as being located along East Ocean Avenue to become the Community Performing Arts Center complementing and enhancing the Children's Museum, the Art Center and Library. The "project readiness evaluation" is 48 months plus with no work completed beyond initial planning. Library - also described in the Library Expansion Report above, this project is a major addition to the existing library. According to the report, the cost is approximately $7,032,835 with $500,000 from a State Library Construction Grant. The new building design is complete and it is going out for bids in July. Parking Structure - the report describes a parking deficit in the municipal portion of the Ocean District, and the proposed structure is intended to add approximately 200 spaces. The report goes on to propose that a portion of the cost be incurred by the CRA. It also states that a preliminary parking analysis has been completed. The "project readiness evaluation" indicates that early land purchase for parking should be done within 24 months. Old High School - the report proposes to use the former High School building as a Community Center that could include meeting rooms and offices of the CRA and Chamber of Commerce. The report also comments that the High School Task Force is looking into other possible uses at the request and authorization of the City Commission. The "project readiness evaluation" states that a use analysis and grant projection is still needed. The cost described above is the top end of the range estimated by the report. City Hall - the report describes this project as relocation off-site of the Police Department and the administrative functions of the Fire Department (with the fire station to remain). The project would also include renovation of the space that currently serves Police and Fire Department functions, and the estimated cost described above is for a new Public Safety Facility off-site and does not include any remodeling or renovation/adaptive reuse cost estimates for the existing space. The land needed for this off-site facility has been purchased by the City and a conceptual plan has been completed. The present expectation is that Public Safety (except for the actual fire station operation) and the emergency communications function will relocate in 2008. Boynton Beach 20/20 Redevelopment Master Plan - September 1998 This plan was adopted as an amendment to the Community Redevelopment Plan for the Central Business District by expanding the boundaries of the distdct and identifying various projects for the expanded area. For the "Town Square" area, the plan suggests that the "existing campus of public buildings, anchored by the City Hall on the north and the library on the south, should be unified through a series of connecting walkways and a public quadrangle where the existing civic building is." The plan goes on to identify estimated costs and funding sources; provides architectural guidelines; August 2004 - Page 13 O'GORMAN · BUDANO streetscape elements; and plant material. In addition, the plan recommends evaluating combining the civic and senior centers into a single facility. The Ocean District Community Redevelopment Plan - November 2003 The Ocean Distdct Plan was prepared by the Department of Development, Planning & Zoning Division in November 2003, and is intended to "contribute toward the updating of the existing Community Redevelopment Area (CRA) plan", and to "recognize certain broad goals that need to be achieved in order to make downtown Boynton Beach a successful place." The Plan provides specific recommendations to implement redevelopment that include regulatory changes, develop streetscape standards, construct improvements to parking and a new civic/auditorium center. In addition, the plan also included several workshops that created a basis for two redevelopment alternatives. The workshops included participants from City staff, various boards and citizens, and the participants were encouraged to identify things in the Ocean District area that they liked, disliked, what they would like to see and what they would not like to see. Common themes of all of the groups (according to the Ocean Distdct Plan) were as follows: · Zoning - Mixed use zoning to allow up to 5-stories · Architecture - important to establish a sense of place using building scale, color and architectural style with "old Floddian" as a style mentioned by two groups · RR Tracks- need buffering · Parking and Vehicular/Pedestrian Interconnectivity - parking lot at NW corner of Ocean and 1st Street should be replaced with a highedbetter use; parking garage proposed on the Town Square Concept plan should be moved to a vacant lot near the RR tracks; possibly connect a parking garage to the City Hall Complex; need paver enhanced intersections; streets need to be pedestrian friendly; and on-street parking should be added where appropriate. · Boynton Beach Boulevard - needs streetscape, traffic calming; pedestrian crosswalks, etc. · Town square - need to preserve the high school as a civic/theater space with civic/auditorium space be tumed into a park with interactive fountain; need more green; and overall this should be the civic and cultural center for the city. · Ocean Ave - become main street; intersection with Seacrest should be a focal point. · Residential - SE section of the study area should remain SF residential; TH in area between 1st and 3r~ Streets; mixed use along BB blvd and Seacrest. The final result of the overall effort and the analysis portion of the Plan was creation of several redevelopment altematives. Heart of Boynton Redevelopment Plan This redevelopment plan was adopted on December 4, 2001 and generally includes the area east of 1-95, south of the Boynton Beach Canal, north of Boynton Beach Boulevard (with some frontage on Boynton Beach Boulevard, and set back several blocks in other areas), and west of the FEC railway. The plan is project specific identifying "major actions needed for redevelopment, followed by a three phased 24-month August 2004 - Page 14 O'GORMAN · BUDANO initial implementation program." The plan includes public sector actions pdor to requesting developer proposals including: 1) Cherry Hills Demolition; 2) assembly of land within the MLK neighborhood; 3) removal of the westem portion of Boynton Terrace; 4) a redesigned/landscape Seacrest Boulevard; and, 5) assembly of land south of 6~h Avenue. Once these actions are taken, the redevelopment plan describes implementation of projects that would replace the uses and buildings currently existing there. While this redevelopment effort is outside the study area subject of this report, the proposed projects may affect the overall success of the Town Square. Savage Creatures of the Ancient Seas- Executive Surnrnaty This report was commissioned by the CRA to evaluate if the museum facility is being proposed "at the right place at the right time", and was prepared by Baker Leisure Group, LLC in June 2004. The report evaluates the proposed museum facility from an overall market feasibility perspective and in relationship to two potential sites. One site is the Town Square, and the other located to the east of Federal Highway along the Intracoastal Waterway. The report also provides information regarding the potential market for a use of this nature, projects revenues to be generated and identifies possible organizational structures. The report appears to conclude that the use does have a market niche that could be successful if development and operations were accomplished in a cost effective, feasible manner. Recommendations from the report include creation of an extensive support network of individuals and organizations, establishment of a non-profit 501(c)(3) corporation, and conducting further study to evaluate how the community at large would support such a facility via capital campaigns. The report also concludes that due to the significant regulatory hurdles involved with the Intracoastal Waterway site, the Town Square site is the preferred location of the two sites evaluated. The report assumes no land cost to be paid by a new 501 (c)(3) corporation thereby implying a donation by the City. TCEA Justification Report- March 5, 2004 The Town Square area is subject to a recent study conducted by Kimley Hom and Associates to create a "Transportation Concurrency Exception Area" or TCEA. This effort would conclude in adopting amendments to the City's Comprehensive Plan that would exempt development and redevelopment from having to comply with concurrency requirements within limitations established by the TCEA. The TCEA has.been approved by PB County and is being reviewed by the DCA at the time of publication of this report. As described in the Report prepared by Kimley Hom and Associates, the TCEA is proposed to include a portion of the Community Redevelopment distdct from 1-95 along Boynton Beach Boulevard to the Town Square Area, a portion of the "Heart of Boynton" area and the Federal Highway corridor. The report proposes that the City will add policies to it's comprehensive plan that are intended to: 1) create sustainable development patterns supportive of walking, bicycling, and public transit; 2) annually monitor the cumulative ratio of approved residential units to office and non-residential space; 3) create maximum limits for trips associated with new development; and, 4) monitor traffic at the intersection of Boynton Beach Boulevard and Federal Highway, and improve the intersection as needed. August2004- Page 15 O'GORMAN · BUDANO The Development Atlas of the Cit~ of Boynton Beach - Auqust 2003 This document is a detailed report on the City of Boynton Beach from a perspective of population growth, ethnic and racial profiles, housing development and conditions, and local economic trends. The information contained in this report could be very valuable in helping to assess need for services and programs in the Town Square area. Funfare Maqazine - Summer 2004 This publication available on the City's web site, describes programs and activities for the summer of 2004 at the following facilities in the Town Square: Art Center; Civic Center; and the Madsen Center. The activities and events contribute to the Town Square area functioning as a focal point of civic activity. City-Wide Space Needs Study- 2003-2020 This study was conducted during 2002 and the Executive Summary was published in 2003. The study evaluates vadous trends in community-wide growth and relates those trends to space needs within the City government in order to provide adequate levels of service for the citizens as the population continues to grow. Recommendations contained in this report include the following: · Construct a new Public Safety facility · "Adaptively reuse" the Police Department facility for other City Services · Relocate the Civic Center · Construct a new Public Works facility on a site to be selected · Expand the Firing Range · Establish a financial planning committee for the project · Seek out grants to assist in funding the proposed facilities · Formulate a Master Concept Plan for the Town Square · Ensure that new facilities are planned to be efficient and cost effectively designed · Adopt an accountability process Shared Parkinq Analysis In March of 2000 the City hired McMahon and Associates to conduct a "Shared Parking Analysis" which included the Town Square area as well as portions of the downtown area to the east. This shared parking study concluded that for the area from Seacrest to Federal Highway "for the present and immediate future, there is sufficient available parking to meet the existing peak hour demand". The Town Square area is defined by the report as "Zone A', and the report states that "shared parking analysis demonstrates a surplus of available parking during the peak hour of demand". The report recommends that the City Code be amended to provide for a shared parking and transit credit. The report also recommends project specific shared parking studies; implementation of a fee-in-lieu of parking; and, use of funds generated in a fee system to build parking when a parking deficit is created. August2004- Page 16 O'GORMAN · BUDANO SECTION VI- POSSIBLE PROJECT FUNDING SOURCES Potential sources of funding for implementing the projects described herein include the following: Governmental · City Capital Improvement and operating revenues - the Town Square project includes expansion and modification to existing public facilities and as such is a logical candidate for expenditure of major capital construction funds as well as less significant annual expenditures for minor construction and "furnishing" types of items. · CRA Tax Increment Funding - The Town Square area is located in the Boynton Beach Community Redevelopment District and is identified by both the Boynton Beach 20/20 Redevelopment Master Plan and the Ocean Distdct Plan. The 20/20 plan provides for a relatively specific implementation program including projected costs and possible revenues, and recommends assigning a single person to be responsible for implementing the Town Square project. The Ocean District plan is more general identifying possible projects but not providing sources of funding or an implementation schedule. New development impact fees - Palm Beach County collects impact fees for new development including Parks and Public Buildings Impact Fees. There is presently no impact fee collected for libraries (new fees would require a code change). Assignment of impact fees collected for parks and public buildings for this project, and establishment of a library impact fee should be evaluated. Storm Water Utility - the City's storm water utility may be a source of funding for roadway, parking and other related horizontal construction projects if they can be shown to have a positive impact on storm water management. User fees - if one does not presently exist, the City could consider establishment of an enterprise fund or sedes of funds (for major uses like the Library or Children's Museum) that could provide a source of funding for operating expenses and capital improvements. Grants · Histodc resources grants - The Florida Department of State, Bureau of Historic Preservation administers Historic Preservation Grants. This is a matching grant program intended to assist with the restoration of historic structures. · Cultural resources grants - The Florida Department of State, Division of Cultural Affairs administers the Cultural Facilities Grant program intended to assist with the renovation, construction or acquisition of cultural facilities. · Flodda Recreation Development Assistance Program (FRDAP) - administered through the Florida Department of Environmental Protection, Division of Recreation and Parks, this is a competitive program that provides grants for public recreational facilities. · Beautification Grants - through the Keep Palm Beach County Beautiful Thoroughfare Beautification grant, and the Florida Department of Transportations Highway Beautification Grant, funds may be available for beautification projects along the major thoroughfares. Private Sources · Private donations - very often (like the Kid's Kingdom playground) private donations can be very effective in raising the capital to construct some public facilities. · Foundations - much like private donations, foundations may be sources of revenue for funding elements of this project. August 2004 - Page 17 O'GORMAN · BUDANO SECTION VII - TOWN SQUARE EVENTS AND USE PROGRAMMING City Hall- The City Hall facility currently provides professional office space and meeting rooms for the general operation of the City of Boynton Beach. It also serves as the meeting chambers for the Boynton Beach City Commission and other City boards. In the future, the City Hall will continue to provide professional office space, meeting space and will be the City Commission Chambers. However, Public Safety and other related uses (except for the actual Fire Station operation) will relocate to a facility off-site in 2008. Code Enforcement currently operates from a modular facility next to the High School. Children's Museum - This facility provides historical education exhibits in a context and environment that is enjoyable for children. Included along with permanent exhibits, the museum provides events such as old time games, story telling and sharing family histories. Future facility expansion could include new programming. H{qh School - This building is presently vacant and unused, and is in need of substantial repairs. A use program has not yet been formulated however the Capital Projects Report Update describes a renovated High School building as a Community Center facility with meeting rooms and office spaces. Library- The Town Square Library provides adult and youth programs both of which are very well utilized. The adult programs include African-American Book Club; Humanities; Tax Seminars; SCORE; and many more. Children's programs include story hour; and, youth movie, game and poetry night. In addition to programs and events, the Library provides computer access and meeting rooms as well as traditional library uses, programs and facilities. The proposed expansion includes the ability to add some concession- type uses and broaden existing programs. Civic Center- The Civic Center offers youth activities including dance, ballet and piano lessons. It also has a free drop-in program for teens. For adults, the Civic Center provides dance, music and events such as the Bob Roberts Society Orchestra. The Capital Projects Report Update identifies a new Civic Center facility as also including performing arts programs. Art Center- The Art Center also provides youth and adult programs and events including painting, pottery, pen and ink drawing, baby and me, and after-school kids club. During the summer, this facility is host to Art Camp and Summer Creative Concepts. The Capital Projects Report Update anticipates expansion of this facility enabling the City to meet presently unmet demand for existing programs. Madsen Center - The Madsen Center is a center of social activities providing active entertainment for seniors through shuffleboard courts and a vadety of adult card games. There are presently no plans for expansion or renovation to this recreational facility. Miscellaneous Events- Several redevelopment planning efforts have identified the Town Square area as being appropriate as an active venue for fairs, concerts, festivals and providing picnic/neighborhood park- type of functions. August 2004- Page 18 O'GORMAN · BUDANO SECTION VIII - STAKEHOLDER INTERVIEWS One of the initial sub-tasks in Task 1 is to obtain input from various stakeholders on priorities for the Town Square Area. A questionnaire was distributed to the CRA Executive Director, Children's Museum Director, Parks and Recreation Director, Library Director and Public Affairs Director requesting that each respondent rate the vadous project elements on a scale of 1 to 10 with 10 being the most desirable. The weighted score and ranking of each project element based on that questionnaire is shown below. PROJECT ELEMENT WEIGHTED SCORE RANKING Adequate security 50 1 Adequate lighting 50 1 Accessibility to general public 50 1 ADA compliance 50 1 Maintenance needs being met 50 1 Creating public gathering spaces 49 2 Adequate parking 49 2 Keeping green space 47 3 Convenient parking 46 4 Wayfinding Signage 46 4 Civic activities anchored on Ocean Avenue 45 5 Creating picnic areas for public 43 6 Adequate storage 41 7 Locating a major attraction to Town Center 41 7 Proximity to governmental offices 31 8 Creating picnic areas for staff 28 9 As noted above, the highest priodty project elements include security, lighting, accessibility to the general public, ADA compliance, and maintenance; Civic activities, green space, gathering spaces, public picnic areas, convenient parking, and wayfinding signage were moderately important elements; and, locating a major attractor to the Town Square, proximity to governmental offices, storage, and creating picnic areas for staff were the design elements that ranked lowest. In addition, individual interviews have been conducted with Parks and Recreation personnel, the Library Director, and the Children's Museum Director as a follow-up from completion of the questionnaires and were specific to programming and issues relating to the specific facilities. The general consensus of those interviewed was that the Town Square area is currently serving the residents and has adapted to accommodate the growing population. Consideration should be given to the fact that Boynton Beach is about to undergo a catharsis with the swell in population from the newly approved high-density mixed-use projects. There is a wide array of programming issues to take into August 2004- Page 19 O'GORMAN · BUDANO consideration, particularly whether the civic center building should be removed and not replaced. The interviews also revealed that the area is intended to provide a sense of place and plazas for gathering. There is a fairly large and active teen population that has comes to depend on activities offered in the Town Square to occupy the after school hours. In addition, the interview found that the Art Center is currently under-utilized for evening programs with staffing as a significant issue. Performing arts stage and open air venues were important to the Recreation and Parks and Cultural Centre departments because of the popularity of the programs which could grow in size should the proper facility be provided in the future. August 2004 - Page 20 O'GORMAN · BUDANO SECTION IX- PARTNERSHIP STRUCTURING Task 3 of the Project Scope of Services includes a Project Partner meeting to discuss how the various entities can work together to implement the project. The meeting was held on Tuesday, July 20, 2004 with the City Manager, Library Director, Children's Museum Director, and Parks and Recreation Director. An initial version of the conceptual master plan was reviewed along with other recommendations contained in this report, and there was discussion regarding the form and function of the project partners over the life cycle of the Town Square project. August 2004 - Page 21 O'GORMAN · BUDANO SECTION X- CONCEPTUAL MASTER PLAN This effort has incorporated information obtained during interviews, examination of existing documentation, and evaluation of the several alternatives presented in the Ocean District Redevelopment Plan as well as the Boynton Beach 20/20 Redevelopment Master Plan. Two plans are provided in Exhibit "A" the first of which shows existing site conditions with the addition of the Library expansion, the second is the concept plan for future growth in the Town Square area reflecting previous planning efforts and interviews. To date Town Square related planning efforts have identified the expansion of existing uses as the focus of a revitalization effort. The 20/20 plan identifies the "Town Square" area and states that the area "should be unified through a series of connecting walkways and a public quadrangle where the existing civic building is. This 'public lawn' should be available to accommodate community events such as crafts fairs, picnics, and various cultural and musical festivals. As seen in many communities, if areas are provided where people can gather and socialize, and specifically where public events are planned within these areas, people will congregate." Based on the demand for present programs it is clear that the community already congregates here. The Ocean District plan identifies "specific recommendations to implement redevelopment" and "specific projects to implement redevelopment" within the study area. They include land use and zoning changes, formulation of signage and architectural standards, construction of parking and a Civic/Auditorium Center. Complementary to these redevelopment plans the City, through its' capital improvement program, has identified various construction projects to be implemented over time. Although the Town Square area plans in the 20/20 planning effort and the "Alternative 5" plan from the Ocean District planning effort are similar, they are also distinctly different. The City Hall block design in both plans is very similar, but the other three blocks have some significant differences. The 20/20 plan shows the Old High School and Children's Museum block with adaptive re-use of the High School, the Children's Museum and adds an "infill civic building". In addition to the High School and the Children's Museum, the Ocean District Plan shows a parking garage and two new buildings for "City Functions". Both plans create open spaces with landscape and hardscape improvements. The two southernmost blocks both include the library (only the Ocean Distdct plan includes an expansion of the library) and the Art Center. The 20~20 plan includes a large "Town Square Plaza", the Madsen Center and the existing privately owned residential uses along SE 1st Street, where the Ocean District plan includes a "Civic Center/Auditorium" and another garage combined with residential town-homes to buffer the .neighboring residential. The Ocean District plan also proposes an "interactive water fountain" and comments that it has been "unanimously embraced" by the public. As noted in Section V- Existing Document Review, a feasibility report for the Savage Creatures Museum has identified the Town Square as the preferred location of two sites that were analyzed. However, because the Savage Creatures proposal at this site has not received the public support other uses have received the Conceptual Master Plan is not considering this proposal. August 2004- Page 22 O'GORMAN · BUDANO SECTION Xl- CONCEPTUAL PROJECT BUDGET The scope of services for this effort includes formulation of a conceptual project budget. Because estimated project costs exist in the Capital Project Report, this conceptual budget utilizes those figures, along with several other assumptions. This report provides three conceptual budgets. First is an estimate of "due diligence" activities that are recommended in preparation for project implementation. Second is a "snapshot" of overall project implementation and the third is a "cash flow" for project implementation, Conceptual Project Budgets are provided in Exhibit "B". August2004- Page 23 O'GORMAN · BUDANO SECTION Xll- CONCEPTUAL PROJECT SCHEDULE The scope of services for this effort includes formulation of a conceptual project schedule. Anticipated time frames are provided in the Capital Projects Update Report and are used as a guideline for this conceptual project schedule, This report also provides a schedule for completing the tasks recommended by the report. The conceptual schedules are provided in Exhibit "C", August 2004 - Page 24 O'GORMAN · BUDANO SECTION Xlll - PRELIMINARY CONCLUSIONS, REDEVELOPMENT ISSUES AND RECOMMENDATIONS Preliminary Conclusions- Following are several categories of conclusions related to this project: 1. General- This report finds no fatal development flaws and it appears that the Town Square project can be developed over time, subject to the availability of funding. However, there are both normal development issues associated with any project, and competition for space in the Town Square via the Savage Creatures Museum proposal. Regardless of the issues and potential competition for space on the site, the Town Square is and should continue to be a focal point for community activity and events in the future. 2. Town Square Planning Efforts - The previous planning efforts in the Town Square (the 20/20 and Ocean District plans) include similar elements and recommendations relative to a master plan for redevelopment of the Town Square site, however there are a number of notable differences. These differences should be evaluated and considered in light of the proposal to construct a major regional attractor to the Town Square. In addition, despite having been adopted by ordinance, many redevelopment plan recommendations have apparently not been implemented. Should the Savage Creatures Museum (or other similar regional attraction) emerge as a project that is supported by the community at the Town Square, the planning and implementation efforts to date should be adjusted to accommodate the new uses. In addition there should be additional consideration of the programs presently accommodated in the Town Square area to provide those activities elsewhere. 3. Implementation - In order to move any real estate development project forward the correct organizational structure must be put into place. The failing of many planning efforts is that while they include good public involvement and incorporate good planning and design principals mechanisms are not put into place to ensure implementation. Redevelopment Issues - As noted above, while no fatal development flaws to redevelopment have been identified there are certainly development and redevelopment issues that will need to be addressed. They include: 1. Infrastructure issues relating to this project include the following: o Streets - some basic street maintenance is necessary, and some area streets would benefit from streetscaping. o Storm drainage - street improvements would likely include the installation of curb, gutter and storm drainage improvements which do not presently exist. o Utilities - given the possible scope of revitalization, existing underground utilities may need to be relocated or improved, and overhead utilities may need to be placed underground. o Signage - no uniformed informational or wayfinding signage is present, and no main entry "gateways" are obvious in the area. o Parking - parking is provided for individual uses and there does not appear to be any August 2004 - Page 25 O'GORMAN · BUDANO formal arrangement for shared parking. Although on-street parking is provided in some areas, it is has not been uniformly installed. Pedestrian improvements - current improvements link parking to buildings and encircle several blocks but do not connect uses. 2. Regulatory issues relating to this project include: 0 0 0 Zoning - based on a preliminary review, it appears that the site of the proposed library expansion is located in a "Recreation" zoning district. Parking - there is no apparent shared parking allowance in the code. Land Development Regulations - the Boynton Beach LDR's are presently being amended. Redevelopment Plan issues - the redevelopment plans have been adopted by ordinance rather than resolution thereby implying a higher status than is typical for redevelopment plans. There is a single plan that encompasses the entire distdct (the 20/20 plan) with several component plans for specific planning districts. Although they were adopted by ordinance, the Town Square elements of the two redevelopment plans are internally inconsistent. Funding issues include that sufficient funds do not presently existing to construct the entire project. Programming issues include that a program for the adaptive reuse of the High School has not been determined; construction of an expanded Art Center facility would disrupt programs; demolition of the Civic Center would disrupt programs; and elimination of the Madsen Center (as proposed in the Ocean District Plan) would require relocation of the programs located at that facility. Partnershipping issues include that while there are a number of potential project partners, a formal structure to engage all of the partners is not in place. C. Recommendations - Implementation of any real estate development project requires the proper regulatory environment, sufficient funding, the correct organizational structure for the owner to lead the project, and a professional development team to carry the project out. In addition, implementation of a long-term phased project such as this should be approached with an overall master development and financing plan with phases focusing on what can be reasonably accomplished in each phase. The c~onclusion of each phase will serve as a decision milestone for purposes of evaluating a specific strategy to implement the next logical phase. Following are preliminary recommendations for project implementation: The following are recommendations regarding the overall organizational structure for the project "owner" (in this case the City and its' partners) as well as the development team: o Establish a formalized structure for Project Partners with specific purpose, by-laws, etc. relating to the Town Square project and which would serve as a working group to further August2004- Page 26 O'GORMAN · BUDANO the project goals. Designate an individual within the City Government to be responsible for project implementation. Establish a project development team that would include a project manager to represent the overall interests of the City, coordinate between development team members and the City, and be directly responsible to the City's point of contact; a lead project designer to assist in unifying all design elements of the project and coordinating other project designers over time; and, a general contractor/construction manager that could provide pre-construction (estimating, value engineering, phasing evaluation and constructability analysis) along with construction services. These firms would be hired for the duration of the project. Employ a system of public participation to obtain input from and inform the public in a manner similar to that which was used for the storm water utility. 2. Following are recommendations regarding the physical improvements to the area: Obtain input from the community on the Town Square site as a location for the Savage Creatures Museum. If the Savage Creatures Museum is accepted by the community as a use in the Town Square, then reconsider the overall design concept for the area. Implement the recommendations of the High School Task Force. Conduct an evaluation of the infrastructure capacity to ensure that there is sufficient ability to serve this project. Conduct a project specific parking evaluation to determine actual parking demand and shod- and long-term usages, and the need for a parking structure. Formulate a schematic master development and phasing plan for the Town Square area including: · Existing and proposed uses and buildings with the ultimate building designs such that they will be adjustable and adaptable to different uses over time and not necessarily based on specific programmatic needs; · Conceptual floor planning for the existing High School building, and a new civic building that combines the civic and senior center into a multi-use facility as recommended by the 20~20 plan; · Surface and/or structured parking; · Design elements that will implement the TCEA designation; · A unified system of connecting pathways linking buildings and use areas including covered walkways; · A unified design theme for hardscape features, site furnishings and signage; · Utility improvements; · Area and intemal roadway improvements; and, · Storm drainage improvements. o Formulate an overall financing strategy that incorporates City, CRA, grant, and private funding sources and which would be re-evaluated at each decision milestone. August2004- Page 27 O'GORMAN · BUDANO Following are recommendations regarding the land use, zoning and land development regulations that are applicable to this project: o Enact appropriate mechanisms to ensure implementation of the Town Square area improvements. Consider a Public Use Planned Development zoning district to serve as an implementing mechanism for this project; o Adopt changes to parking codes to allow a credit for shared uses, mixed uses and on- street parking; and, o Evaluate the legal implications of component redevelopment plans adopted by ordinance. August 2004 - Page 28 O'GORMAN · BUDANO NOTES August2004- Page 29 O'GORMAN · BUDANO NOTES August 2004 - Page 30 O'GORMAN · BUDANO EXHIBIT "A" Conceptual Master Plan CITY AND BOYNTON BEACI--I BOULF=VA~D DEPT. BOTNTON BEACFI ClTT IqALL I I POLICE [~A~TME~ F=i~E DEPARTMENT % L I NO~TFI EAST IST AVENL.~ I I I I I I I I KID'S KINGOOM PLAY~~ P A~ATb-'~ SCMOOL / \ \ \ EAST OCEAN AVI~4LIE b-'XP,~NSION EXISTING I \ / , / ' / // // CIVIC I§ t- 0 I ART : CENTE~ I I SOUTNI EAST ~T AV'[~',L~ h ! / SOUTI-I EAST ~) AVENLE I t_ .'_ :5 F--F-~~ ',ii EAST II II I , i II I I SNAPSMOT ~ST OI==t=tCE BOYNTON E~_ACI.-I CITT HALL I ~LICE DEP~ ~AET~ ~AT~] EAST A~ -- , t ~SI~D PA~ S~T~ EAST OCEAN AVENIJE L I I I I I I F--~. ! \ I I I-- ~ I EXlSTr,,IG EVENTi SPACN $OLrn.4 I I I I I I I I I I I I% Il ! I( II II PI~OPOSED II I II II II II / I EXHIBIT "B" Conceptual Project Budget BOYNTON BEACH TOWN SQUARE IMPLEMENTATION PLAN Conceptual Budget Due Diligence Engineering Study Parking Study Schematic Master Plan Phase I Environmental Assessment Project Management Total Due Diligence 7,500 15,000 25,000 5,000 2,500 55,000 Project Approvals Land Planning Legal Governmental Fees Project Management 5,000 2,500 7,500 2,500 Total Project Approvals $ 17,500 BOYNTON BEACH TOWN SQUARE IMPLEMENTATION PLAN Conceptual Budget Development Budget Land Costs Due Diligence Project Approvals Acquisition Cost Closing Costs Contingency $ PSF Subtotal 55,000 17,500 900,000 54,000 $ 1,026,500 Design Amhitectural/Eng/Landscape - 15% of total construction Geotechnical Survey Interior Design Land Planning Subtotal Development Costs Legal Permit Fees Impact Fees Marketing Project Management - 1% of Construction Auditing and Accounting Construction Interest Subtotal 3,226,597 25,000 25,000 125,000 30,000 100,000 50,000 215,106 25,000 $ 3,431,597 $ 390,106 Construction Costs Off-Site Improvements @ 5% of Building Construction Site Preparation Utilities Parking, Driveways, etc Library Building High School Art Center City Hall (adaptive reuse) - SF @ $35psf Civic Center Garage Interconnected Pathway Landscaping & Hardscape @ 2.5% of Building Construction Signage (allowance) Subtotal Construction GC Profit - 5% of total construction GC Overhead and General Conditions - 2% of total construction Total Construcifon Total Development Costs Notes: 972,588 included included included 7,032,835 4,229,850 1,174,790 777,490 1,431,800 4,805,000 500,000 486,294 100,000 1,075,532 430,213 21,510,647 23,016,393 27,864,596 1) Acquisition cost is an estimate based on PB County Property Appraiser information, plus a factor for market value and an added contingency 2) Const]'uction costs based on estimates from Capital Projects Update report 3) Other costs are estimates not based on actual pricing 4) Other costs such as consln~cfion management and cost estimating are not included 5) Temporary facilities and safety/security dudng construction are assumed to be the contractors responsibility U,I C 0 OOv-- .,-- EXHIBIT "C" Conceptual Project Schedule The Challenge · Practical use for an old building · Destination Location for the Downtown · Community Fr/end and Fund Ra/$/ng · Preserving the past to gain perspective on the future for today's Palm Beach County children and families Organizational Structure City Partnership with 501(c)3 Boynton Cultural Centre Management Agreement 3 Congratulations, Schoolhouse 1 Ghildren~s Museum  Winner A~ll~Best Children's Museum Palm Beach County, 2003 5 Museum Visitors to Downtown Boynton 91,702 in 21/2 years 2004 2003 2002 "...serving as town squares for children and families where play inspires creativity and lifelong learning." Association of Children's ~luseum$ Current Challenge circa 2004 1 .._..~i~i~ i' strategic Plan ,?i' · Space Needs Study Practical use of an old building Destination Location for Downtown 6 The Building ... ~ere is · difference in the way chIMren relate to o~Jects, such as bMIdlngs. The child's perception of the bulld~ng is ~mt as important al the adMt's. the activities going on Imtde in order to lure the child to come C~l~en'~ Museum ?~?i: ..... The Future · Feasibility Study · Business Plan · Focus Group Planning · Fundraising ]0 Capture the Vision by granting the Boynton Cultural Centre the authority · To define, develop and design the Old High School and · To operate 100% of the facility in partnership with the City and the CRA