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O00-01 ORDINANCE NO. '~¢¢-~ / AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt Comprehensive Plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft revisions to their Comprehensive Plan regarding Intergovernmental Coordination and School Siting issues; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities must adopt such revisions by October 1, 1999, and December 31, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Boynton Beach has held all duly required public hearings prior to submission of these amendments to the plan to the 'State Department of Community Affairs in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City Commission desires to adopt the revision amendments consistent with its current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and protect the public's health, safety, and welfare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby adopts the Future Land Use and Intergovernmental Coordination amendments to its Comprehensive Plan, which amendments consist of the pages which are attached hereto as Exhibit "A", and made a ~art hereof and which will be incorporated into the current Comprehensive :~lan. A copy of the Comprehensive Plan, as amended, is on file in the Office of the City Clerk of the City of Boynton Beach. Section 2. The City Clerk is hereby directed to transmit five (5) copies of the amendments to the current Comprehensive Plan to the State Land Planning Agency, along with a copy to the South Florida Regional Planning Council, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 3.. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion' [hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. The effective date of this Plan Amendment shall be the date a final order of compliance is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land use dependent on this amendment may be issued or commence before it has become effective. If a final order on noncompliance is issued by the Administration Commission, this amendment may nevertheless be effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, E~ureau of Local Planning, 2555 Shumard Oaks BouleVard, Tallahassee, Florida 32399-2100. FIRST READING this ~ day of January, 2000. SECOND, FINAL READING AND PASSAGE this __ day of January, 2000. Mayor Pro/em Commi.~)ner Commissioner EXHIBIT "A" FUTURE LAND USE ELEMENT Objective 1.19 ~Jm' u.....T .... -,~ ~--u,~ aon 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 compiled with. Policy 1.19.8 The Ci.ty shall continue to ~m~b./- adopt and enforce and enforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category, Future r)ublic '~-~',,-~ ~ .... ~,tg3t-k3 schools shall be a r~ermited, use in the Low Density Residential, Moderate Density Residential, High Density Residential. Office/CommerciaL Mixed Use~ and Public and Private Govermnental/institutional land use des!gnat~ons.m-a~,' !and ...... · ........... ~..~.~_i ........ , ....... ~"' *'~-~ C!.t) ~,~ ...... ~*~.n~i.nnt~a sites shall comply with state law and ~e following locational and design criteria; Policy 1.19.8.a At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary. Schools: A minimum of four (4) acres for the first two hundred (200) students plus one (1) acre for each additional one hundred (100) students. b) Middle Schools/Junior High Schools · A minimum of six (6) acres for the first three hundred (300) students plus one (1) acre for each additional fifty (50) students up to one hundred (100) students. c) Senior High Schools: A minimum of seven (7) acres for the first three hundred (300) students plus one (1) acre for each additional fifty (50) students up to one thousand (1,000), students, plus one (1) acre for each additional one hundred students thereafter. d) Area Vocational-Technical School: A minimum of twenty. (20) acres for the first five hundred (500) students plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students. e) Community. College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. Policy 1.19.8.b 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 from the service provider assuring adequate capacity is available. Policy 1.18.8.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 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. Policy 1.19.8.f 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 the School Board planners should consider makin~ 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 corrdinate with the Palm Beach County _Public libraries, parks, and other facilities with public schools, where compatible, and the potential exists to create logical focal points for community activities. Early review and coordinaion will be modified as necessary to timely consider these potentials. In co,unction with co-locational facilities, efforts shall be made to provide access for bicyclists, pedestrians and transit riders from. collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-site amenities to be serviced _by mass transk or communitg shuttle services.,. Intergovernmental Coordination Element Objective 8.7 Through IPARC the Palm Beach County. Intergovernmental Coordination Program, the City shall coordinate efforts with the Town of Ocean Ridge, as well as other adjacent coastal communities, that enables the exchange of ideas and plans, and provides the arena for resolution of conflicts that concern two or more municipalities. Issues to be addressed should include land use, water and sewer service, water quality, hurricane preparedness, beach access, etc. Policy 8.7.2 The City shall, continue to provide/coordinate utility service to the Town of Ocean Ridge via the on-going agreement with regard to water and sewer hook-up. Policy 8.7.3 The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provisions of water and sewer service with adjacent municipalities and unincorporated area. Policy 8.7.4 The City shall consider utilizing the Palm Beach Countywide Planning Council's or the 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. Objective 8.10 The City of Boynton Beach shall coordinate with the Palm Beach Beach County Intergovernmental Coordination Program (IPARC) in notifying adjacent municipalities of proposed land use amendments, rezonings, and annexations that may affect adjoining municipalities. Policy 8.10.4 The City shall continue coordinating with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity Policy 8.10.5 Policy 8.10.6 on of an arcels into the nnexafion of land where h the boundaries of the The Ci shall ursue int_erlocal a reements with local  ~f'ed or ado ted future land use desi nations for ad'acent uninco orated areas. These . . . · ,, f'PA's~  ortt lanllin areas ar~ o ursuant to Cha ter 163.3171 F.S.  reements that include Policy 8.10.7 ~~ted to the followin: · ~vities within areas covered b the a reement' · ~ .... d · Fundin and cost-sharin issues within JPA s an · Enforcement/ira lementation Policy 8.10.8 To discourage urban sprawl, the City shall continue its present annexation policy of allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring that the proper infrastructure is in place or concurrent with development- t354¢9~The Cit shall artici ate in inter overmental Objective 8.11 ~reasure Coast Re ional Plannin Council and all other local mvernments in a voluntar dis ute resointoin rocess for the ur ose of facilg.atin inter overnmental coordination. The IPAR_C rocess is established ursuant to the Corn rehensive Plan Amendment Coordinated R~iew Ihterl°cal A reement effective October 1 1.993 and shall include results and any written determination from the IPARC Process as data and anal ,sis to DCA ,~4th ro sed and ado ted Corn rehensive ~ents. to_tmr, m,~l~idem' " ' ........ a~ ~c~m Policy 8.11.1 Polic 8.11.2  the Palm Beach Coun IPARC re asure Coast Re ional ~ .4 _-.~ ~11 r~ther lo~ Plarmin uouncu aau ....... ~on. The IPARC rocess ~s established ursuant to the Corn rehensive Plan Amendment ent effective October 1 1993 and shall include results and an written determination from the IPARC Process as data and anal sis to DCA with ro osed and ado ted Corn rehensive Plan amendments. _1394994_w, lh~ci~the City shall notify adjacent local governments 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 entries address the conflicts. Policy 8.11.g3 Policy 8.11.S4_ Where the interjurisdictional conflict has caused a public nuisance, the property owners directly involved in, and adjacent to, the conflict will be notified that the conflict is being addressed by both entities. The City shall use the~ ' ' ' · , · IPAI~_C~C as the ~to mitigate land use con ~ amendments. The mitigation strategies could consist of jointly adopted future land use plan for the bordering land uses, or at a minimum, and if appropriate, the buffering of the incompatible usesx~. I~ 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 adopted Boynton Beach or Palm Area and not consistent with th;lan.~ Beach County Comprehensive the efforts of Palm. 'Beach Count and the Treasure Coast tn l'ans of S,.caord I nn[n RevCom pla~122199