Agenda 01-28-14 CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, January 28, 2014 TIME: 6:30 P.M.
PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from October 22, 2013 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
A. CP Text Amendments ED, TOD, HP (CPTA 14 -001) — Approve amendments to the
Comprehensive Plan Future Land Use, Transportation, Housing, Coastal Management,
Intergovernmental Coordination, and Public School Facilities elements that 1) support
economic development through preservation and expansion of industrial /commercial land; 2)
guide development in the future Downtown Transit - Oriented Development District; 3)
incorporate Historic Preservation Program; and 4) address legal requirements, unnecessary
restrictions, omissions, and inconsistencies between the Plan and LDR. Applicant: City -
initiated.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF
THE PROCEEDINGS AND FOR SUCH PURPOSE MAY 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.S. 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 THE CITY
CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Document6
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON
TUESDAY, OCTOBER 22, 2013, AT 6:30 P.M., IN THE CHAMBERS AT CITY HALL
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Roger Saberson, Chair Mike Rumpf, Planning Director
Ryan Wheeler, Vice Chair Ed Breese, Principal Planner
James Blake Stacey Weinger, Assistant City Attorney
Sharon Grcevic
David Katz
Stephen Palermo
ABSENT:
Brian Miller
1. Pledge of Allegiance
Chair Saberson called the meeting to order at 6:34 p.m. Mr. Wheeler led the Pledge of
Allegiance to the Flag.
2. Introduction of the Board
Chair Saberson introduced all Board members who were present.
3. Agenda Approval
Motion
Mr. Katz moved to approve the agenda. Ms. Grcevic seconded the motion that
unanimously passed.
4. Minutes Approval of the August 27, 2013 Meeting
Motion
Mr. Katz moved to approve the minutes. Ms. Weinger seconded the motion that
unanimously passed.
Mr. Katz wanted to compliment Catherine Cherry, Minutes Specialist. She got the flavor
of the last meeting and they were to the point.
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Mr. Breese wanted to second what was said about the quality of the minutes. There
were two minor changes to the August 27, 2013 minutes. On page 13, third paragraph,
last line, "there was already hedge material along the property line taller than the
property owners "; this should have read; "there was already very tall hedge material
along the property line ".
The second correction was at the last paragraph on page 13, the line reads; "The
parking lot has lighting spaced 25 -feet apart ". This should have read: "The parking lot
has lighting 25 -feet in height ".
Motion
Mr. Katz moved to accept the minutes as amended. Mr. Palermo seconded the motion
that unanimously passed.
5. Communications and Announcements: Report from Staff
Michael Rumpf, Planning and Zoning Director, reported on the items previously
reviewed and their outcome before the City Commission beginning October 01, 2013.
The agenda which included the second reading and approval of the mobile vending unit
(MVU) code amendment.
The second amendment to the Land Development Regulations which addressed
regulations applicable to tasting rooms for manufacturing beverage uses and parking
requirement changes was approved.
On the same agenda was the first reading on the betterment of the utility easement at
Renaissance Commons which was approved.
There were several modifications and time extensions in the October 15, 2013 agenda
which were all approved including the Cross Creek Center. Conditional use approval of
the modifications for the additional outbuilding as well as fagade improvements and site
changes corresponding with those improvements were approved. A major modification
for the veterinary clinic proposed at 222 Boynton Beach Boulevard was approved.
The new site plan for the construction of a four -story hotel with 92 guest rooms at 201
West Ocean Drive was approved.
The 18 -month time extension for the site plan known as Tuscan Villas was approved.
Mr. Rumpf discussed the holiday seasons that are approaching and the need to have
advanced planning because of possible meeting cancellations, travel plans and possible
lack of presence of Board members. Staff does not currently have any scheduled items
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in the application review cycle for November or December. However, something can
come up for review; a rush item and there may be a need for an agenda or a meeting.
Mr. Rumpf asked the Board members if any of them knew their travel plans for the
holidays at this time.
Chair Saberson responded Board members would get back to Mr. Rumpf with any plans
they may have for the upcoming holidays.
Ms. Grcevic commented she had no plans for Thanksgiving and Chair Saberson also
stated he has no plans for Thanksgiving either.
Mr. Rumpf stated Board member Brian Miller contacted him to let him know he was not
feeling well and would not be attending this evenings meeting. Mr. Rumpf will contact
Mr. Miller about his plans for the holidays.
Assistant City Attorney Stacey Weinger, administered an oath to those intending to
testify.
6. New Business
A. NE 4 Avenue Abandonment (ABAN 13 -004) — Approve request to
abandon a portion of NE 4 Avenue between Federal Highway and NE 4 t "
Street in the CBD (Central Business District). Applicant: City- initiated.
Bradley Miller, Miller Land Planning Consultants, 508 East Boynton Beach
Boulevard, agent for the appicant, began his presentation requesting an abandonment
of a portion of NE 4 Avenue. The location of the property is off Boynton Beach
Boulevard on the south side, 3 rd Avenue and 4 Avenue on the north side of Casa
Costa and 5 Avenue running north and south. The area in question is the access
leading to the back area of Cuthill's Backyard Restaurant. It is a 25 -foot wide right -of-
way which was currently improved with a roadway. With the right -of -way being 25 -feet
wide and the pavement 18 -19 feet wide, it is very narrow for two -way traffic. There
have been some adjustments to our proposal, to Exhibit C and to the conditions that
were part of the initial package. Mr. Miller explained he would discuss those changes
later in his presentation.
Chair Saberson asked if the applicant was in agreement with the revised conditions of
approval and Mr. Miller responded affirmatively. The applicant is the City with it being a
public right -of -way.
The purpose of this proposal is the exiting traffic on 4 Avenue coming out to Federal
Highway. There is on- street parking to the left of the driveway. Looking through the
parked cars makes it difficult to see oncoming traffic and creates a dangerous situation.
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Initially, the request was to take the pavement out and turn it into pedestrian access;
however, people in the area are accustomed to using this as ingress. There was a
suggestion to leave it the same way, but use it as an ingress only driveway. The
conceptual plan shows the property to the south which has been approved for a
restaurant /bar and the building to the north is being considered for a breakfast
restaurant. There is a parking area for the approved plan. The existing pedestrian
crossing coming from Casa Costa on the east side of Federal Highway would be
improved to create a pedestrian connection to the future restaurant area that would lead
back to Cuthill's Backyard and the uses in that area. This would be an entrance only
coming from Federal and would lead to both sides of the parking area. There is a
"peanut" in the street which is a directional island allowing left turn movement as cars
are going south to go back east. However, people coming out of the driveway go
across illegally and use the peanut to go north on Federal Highway. Safety is another
reason to convert this into a one -way driveway.
Landscape would be added narrowing the pavement down to a one -way width of 14 feet
as reflected in the conditions of approval. There would still be access out to NE 4 t "
Street from the parking lot and the circulation through the area remains the same.
Chair Saberson asked if the abandoned area would be available for ingress off of
Federal Highway by vehicle and if this was in the revised conditions of approval. Mr.
Miller responded this would be ingress only for vehicles. The original plan was to
convert the entire thing into a pedestrian area but this would allow ingress only. The
pedestrian connection would still be made along the southern edge. The right -of -way
area would be enhanced with landscaping on the north side adjacent to the other
building and then another area to stub it out with parking.
Mr. Katz asked if cars can go in that way, what would prevent them from coming back
out the same way? Mr. Miller responded signage is the quick answer. Perhaps
physical barriers which would allow incoming traffic only could be discussed. Mr. Katz
inquired why this was not left the way it was with pedestrians only and if it was totally
necessary. Mr. Miller responded some of the reaction once this began was the location
of the entrance to get to 4 Street and to Cuthills Backyard. Mr. Katz opined if people
want to get to the Backyard they would find a way to get in.
Ms. Grcevic wanted clarification from Mr. Miller the access would be cut down to be
narrower than it currently is, so there would be no misunderstanding it is a one way
entrance and exit. Mr. Miller said this was correct. Ms. Grcevic said it would be a visual
to let drivers know it is one way just by the width.
Mr. Palermo asked where cars would exit once they go into the parking lot. Mr. Miller
explained. One driveway would connect to 4 Street and another would come out to
Federal Highway. Neither of these two exits would have the issues of visibility because
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of parked cars. Mr. Palermo also asked about a large drainage grate and whether or
not it would support heavy loads. Mr. Miller said it is holding heavy loads now and
would not change. There is a water main and a drainage pipe that would remain as it is
with an easement over it. Mr. Palermo asked Mr. Miller if the access would be wide
enough for emergency vehicles such as a fire truck to get through. Mr. Miller said it
would be with the one way direction. Staff spoke with the Fire Department about this
idea and they agreed.
Mr. Katz reiterated there is a concern about people getting in but not about people
getting out. Mr. Miller reiterated they are concerned about people getting out which was
the premise of the proposal. People are having problems coming out of there because
of the location of the building and the on- street parking. This improves the situation and
still allows for the ingress to get into the parking and creates the circulation pattern.
Vehicles will still have the ability to get to 4 Street up through the parking area and also
on the north side to get back out to Federal Highway. Mr. Katz continued if there is a
way for vehicles to go out on 4 ", there is a way for them to get. It should be for
pedestrians only. Mr. Miller said the original proposal was to close it off. However,
closing it off and going to FDOT would take a large effort and doing it this way would
allow the project to continue. Another issue to consider would be how to prevent
vehicles leaving late at night from going out the wrong way.
Mr. Brake asked Mr. Miller about the pedestrian only section and whether or not it is
made so an emergency vehicle can drive straight through. Mr. Miller responded this
was discussed and perhaps the idea of having bollards that can be removed would be
an option.
Mr. Palermo asked if there will be a pedestrian sidewalk. Mr. Miller said yes it connects
from the crosswalk across Federal then runs along the edge of the property. Mr.
Palermo asked if this already exists and Mr. Miller responded it does not currently exist
but would be part of the proposal and a condition of approval.
Mr. Wheeler commented the signage is going to be absolutely key to this project. He
was also concerned about the exit on the north side. The turning radius looks tight and
may result in clipping a car parked in the last spot. Mr. Miller replied the parking area
follows Central Business District requirements and there are more parking spaces than
needed. However from a practical standpoint there is less than needed. Mr. Brake
asked if there were additional parking spaces along the other building and Mr. Miller
indicated there were.
Chair Saberson asked Mr. Miller to show the revised conditions indicating it will be
ingress but not going out for vehicular use. The condition states that; "public access
generally depicted on Exhibit C shall be maintained for pedestrian connectivity
purposes" but does not say anything about vehicles. Mr. Miller replied the approval is
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based on Exhibit C which was attached and shows an entrance only. Chair Saberson
asked if it was labeled as an entrance because the arrow on the map indicated it was
consistent with it being pedestrian only. Mr. Breese clarified the arrow is pointing one -
way which is the intent. Mr. Breese also commented in regards to Mr. Wheeler's earlier
comment about signage and pavement markings being critical on the final plan
approval. Mr. Miller replied perhaps as a suggestion to condition number two;
"pedestrian connectivity purposes and one -way vehicular access or one -way ingress"
should be included.
Ms. Grcevic commented cars will not drive straight through. They will either have to go
left and then right to get out onto 4 or just make a right to go east onto Federal. Ms.
Grcevic wondered if it will be tight. If cars come in from Federal they will have to stop
and either go left or right, then go around cars. Mr. Miller said it would stop traffic at one
point and hopefully they are not coming in too fast. This is a problem happening now in
addition to the exiting problem. Narrowing it down, adding landscaping and adding
signage would make a big difference. Ms. Grcevic also said cars would not be able to
come from 4 and go straight out. The traffic would actually be slower.
Jason Evans, 511 SE 5 Avenue, Fort Lauderdale, FL. 33301, represented the
owner of 425 NE 4 Street, Chow Hut, LLC. Chow Hut is the property situated at the
southwest corner of where the right -of -way ends. There is currently a tenant there, Bill's
Automotive Services. If this right -of -way is going to be abandoned, it will destroy the
business of the owner and the tenant as well. Mr. Katz asked Mr. Evans if he was
talking about the building to the left of Cuthills. Mr. Evans said this was correct.
Mr. Evans asked if anyone on the Board or staff had any fiduciary relationship with any
of the owners abutting the right -of -way in case there are any questions. Mr. Katz
responded it would have had to be acknowledged at the beginning of the meeting. Mr.
Evans did not define fiduciary for the Board. Chair Saberson replied it would have been
more appropriate to ask if anyone had spoken to any of the property owners and if so,
what the content of their discussions were. Mr. Evans then asked if anyone on the
Board spoke to any property owner concerning this application. Chair Saberson asked
Board members who all responded no.
Mr. Evans asked who the applicant was and Mr. Miller replied the City. Mr. Evans
wanted to know who initiated the abandonment project. Mr. Breese clarified the City is
the applicant and Mr. Miller is the City's agent. Chair Saberson said the City, itself,
initiated this. Mr. Evans then asked if the City contacted the owner of the property on
Federal Highway about furthering the plan. Mr. Breese replied the applicant came to
the City to ask if they were aware of the unsafe nature of the location in regards to cars
exiting. Mr. Breese said the owners of several properties in that area were concerned
about the traffic flow. The staff indicated they were looking into the redevelopment
potential for that entire area. Mr. Evans wanted to know which business owners were
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contacted because the owner at 425 NE 4 Street was not aware or asked about it. Mr.
Breese said the property owners on both sides of the right -of -way approached the City
about the unsafe conditions.
Mr. Katz asked Mr. Breese if the property owners around a certain amount of feet, such
as the 400 feet property limit, needed to be notified of anything like this happening. Mr.
Breese said yes, and they were. Mr. Evans commented Chow Hut is within the 400 foot
radius which is why they got a notice and why he was representing Chow Hut at this
meeting.
Mr. Evans continued asking questions about ingress and egress to 425 SE 4 Street
saying diverting traffic would destroy the value of the property. If this had been
contemplated by the Board there was no indication of how it would impact the property
to the west and south.
Chair Saberson asked Attorney Weinger if this was part of the criteria in the Ordinance
and Attorney Weinger replied she was not sure. Chair Saberson stated there is certain
criteria applied which is what the Board should be doing. Staff's report recognizes the
close proximity of NE 3 rd and NE 5 to this location. The limited number of property
owners back on NE 4 would not be adversely impacted with having those two means
of ingress and egress within close proximity. Chair Saberson commented staff
disagreed this would destroy the business. Mr. Katz asked if the automotive repair shop
is currently occupying the building. Mr. Evans responded the tenant is Bill's Automotive.
Mr. Katz asked if that is what is known as a legally non - conforming use at this time. Mr.
Rumpf commented according to current regulations, automobile repair is a permitted
use in the C -4 zoning district. Automobile sales would be a legal non - conforming use
had it been grandfathered. It is not allowed.
Mr. Brake asked Mr. Evans if Bill's Automotive is a concern because it does not seem to
be open. Mr. Evans responded it is still doing business. Mr. Evans explained he was
trying to get some answers because this was the first forum his client had to see where
the City was getting its basis from and if there is any precedent for abandoning a right -
of -way that could possibly benefit one property owner while becoming a detriment to
another. Chair Saberson replied every application is judged on its own merits that exist
for that particular application. The Board does not have the necessary paperwork to go
through precedents that have happened in the City over the years. Mr. Evans said he
wanted to ask these questions now so they can be addressed at the next hearing.
Chair Saberson responded for those kinds of questions, Mr. Evans should meet with
staff.
Ms. Grcevic also commented one of the Board's issues is safety. There are numerous
cars going through that ingress every day and it would actually hurt Cuthill's Backyard
because people would have to figure out how to get in and around. It would be safer for
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everyone. Chair Saberson said it was unfair of Mr. Evans to keep characterizing things
in order to portray it in a way most favorable to his client. Safety is definitely an issue
that has been raised and one of the things considered by staff to formulate their
recommendation.
Mr. Brake asked Mr. Evans when his client was notified of this project. Mr. Evans
replied it was about two weeks ago. Mr. Brake inquired why he did not call staff and Mr.
Evans replied he was just recently retained. Mr. Brake suggested most of Mr. Evans's
questions could have been addressed prior to the meeting. Mr. Evans said he thought
this forum would be the place to get a better understanding and perhaps get some
answers. Mr. Evans wanted to know who would own the property if it is abandoned.
Would the easement go to the property owners to the north and south? Chair Saberson
commented this was beyond the scope of the Board. Who ends up owning it is a matter
of real property law. Mr. Evans indicated it might be an issue for future conveyances.
The issue could ultimately be presented to City Commission.
Mr. Evans continued that he wanted clarification there already exists a walkway from
the north point of the right -away that wraps around the building traveling north on
Federal Highway. Mr. Breese showed there are pavers close to the building that do not
necessarily constitute a walkway.
Mr. Brake asked where the property actually begins and Mr. Breese replied the right -of-
way touches the building and in a certain spot the building encroaches into the right -of-
way. There is a 25 foot right -of -way for two -way traffic. Ms. Grcevic thought it might
have been grass at one time. It did not look like a traditional pedestrian walkway. Mr.
Breese said it certainly would not meet the City's definition of a sidewalk.
Mr. Evans asked if the Board determines abandoning the right -of -way diminishes the
value of the property of 425 SE 4 Street, how that would weigh into the Board's
decision? Chair Saberson replied the Board is not in a position to evaluate the
economic impact on that property, nor has the Board heard any evidence other than
simple conclusions. Mr. Evans asked when there would be a hearing to establish the
outcome. Chair Saberson said he could discuss that with the City Attorney's office. Ms.
Grcevic commented, since it is an alleyway, the City can just take it away and there
would be no egress or ingress at all. Mr. Breese advised it is actually a right -of -way and
it needs to be abandoned if the City wants to terminate it as a right -of -way.
Ms. Grcevic commented one of the buildings will not be landlocked because there will
still be three more ways to get to it. Mr. Breese said there would be a right -of -way to the
north and to the south. Ms. Grcevic commented she sometimes goes through CVS or
Bud's Chicken. Mr. Katz noted the only thing being affected is how cars get away from
4 Street, not how they get in. The way they enter will not be affected.
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Mr. Wheeler commented the Board is just an advisory Board. The Board gives their
recommendations to the Commission. The Commission has the final approval on any
action taken.
Mr. Evans concluded if the proposal went through, it would destroy the property owner
who has benefited from a street that travels east and west. Chair Saberson commented
there had not been any evidence to support Mr. Evan's conclusion and the Board does
not reach the same conclusion.
Mr. Brake questioned if Mr. Evans had been to the area recently and Mr. Evans replied
he had. Mr. Brake surmised from the questions Mr. Evans was asking, that he had not
been to the area.
Someone in the audience requested to make a statement, but had not been sworn in.
Attorney Weinger administered the oath.
Karen Morrow, 2611 Lake Drive North, indicated she lives in Boynton Beach and
knows the owners of 425 SE 4 Street. Chair Saberson inquired if Ms. Morrow was
speaking on their behalf and she explained she was not. Ms. Morrow asked if it would
be easier to eliminate the parking spots on the street so it does not block the view of
people coming out of the driveway onto Federal Highway. Ms. Grcevic responded this
was not something that could be done. Mr. Brake stated that Federal Highway is under
State jurisdiction. Ms. Morrow is a business owner at 2626 N. Federal Highway and the
parking spots in front of her business had been taken away to allow for the bike path.
Mr. Katz explained that was done by Florida Department of Transportation.
Robert Moore, 318 Bunker Ranch Road, West Palm Beach, Consultant, explained
he had been retained by the property owner at 425 SE 4 Street. Mr. Moore was a
consultant and a former Director of Planning, Zoning and Building for the Town of Palm
Beach for 25 years. He was active in the consulting business currently in Palm Beach
County, not in Boynton Beach, but in West Palm Beach, Manalapan, Hypoluxo,
Gulfstream, as well as Palm Beach. Mr. Moore said he did not understand two things in
Mr. Rumpf's presentation.
Firstly, the original application was for complete abandonment by the City at the request
of the Miller Agency. Attorney Weinger explained the applicant is the City and Mr. Miller
is an agent for the City. Mr. Moore asked who would be the owner of the property with
the revised application. Chair Saberson reiterated it is a matter of real property law in
Florida and not something the Board can determine. Whatever happens to the property
is not up to the Board once it is abandoned. The Board is not in a position to affect the
results. Mr. Moore acknowledged that Florida law usually allows abutting property
owners of the public right -of -way which is being abandoned, to become the owners. Mr.
Moore asked if there would be ingress on the revised proposal not an egress, who
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would own the ingress? Chair Saberson responded the City did not have the right to
determine who gets the abandoned property. It is beyond the scope of this Board. Mr.
Moore was under the impression what was going to be heard at this meeting was
complete abandonment without any ingress or egress for the property to the southwest
of the intersection. Mr. Moore continued if there was any possibility the offer could be
put forward for ingress to be part of the condition of approval the Board may give. Chair
Saberson sought clarification if the application had been revised and could the Board
approve it as revised subject to that? Mr. Moore concurred and Chair Saberson replied
it is not up to the Board. Attorney Weinger said this Board imposes and modifies
conditions and the ultimate approval is heard and determined by the City Commission.
Any conditions this Board may place on a property are only recommendations to the
Commission.
Chair Saberson asked if anyone had any questions or comments. Mr. Breese
commented the Board had the revised conditions of approval, the revised Exhibit C and
explained staff's rationale for requesting the abandonment.
Chair Saberson commented if a motion was made for approval, what staff suggested at
the end of item 2 in the conditions; "public access generally depicted on Exhibit C shall
be maintained for pedestrian connectivity purposes and for one -way vehicular ingress ",
should be included.
Mr. Brake remarked he would like to add to stabilize the landscape, so if a large truck,
like an emergency vehicle needs access, the turns are going to be tight. The Board
wanted to make sure no matter what is built there in the future, the larger ambulances
and fire trucks would be able to get in, if necessary. Ms. Grcevic commented the Fire
Department checked and felt they could fight any fires from NE 4 Street or from
Federal Highway, whichever was appropriate, and not necessarily have to enter the
right -of -way. It is 14 feet in width so they could get through, if needed. Ms. Grcevic
asked if an ambulance would still have clearance. Mr. Brake replied if there is the
option of having stabilized land from there to NE 4 t " ; it is preferable to have it so they
can get through. There is actually a method of how they go over the grass if they need
to.
Motion
Mr. Brake moved to approve the motion to include the conditions of approval, the one -
way egress access, and stabilized land between NE 4 Street and NE 4 Avenue
including the proposed ingress. Mr. Katz seconded the motion that unanimously
passed.
B. Reasonable Accommodation Application and Review Procedures (DCRV
13 -0070) — Approve amendments to the Land Development Regulations
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Chapter 2, Article II establishing the necessary process to consider and act
upon appeals for reasonable accommodations in rules, policies, practices or
services to afford eligible individuals the equal opportunity to use an enjoy
housing as required by the Americans with Disabilities Act (ADA) and /or the
Fair Housing Act (FHA). City- initiated.
Mr. Rumpf explained staff identifies what purpose the LDR Amendment serves. The
purpose of this amendment is to comply with Federal regulations.
The regulations are in compliance with Federal requirements involving ADA, (Americans
with Disabilities Act) and the Fair Housing Act (FHA). There have been more issues the
City has been confronted with involving people with disabilities. People with disabilities
under the ADA, is defined as someone with a physical or mental impairment that
substantially limits one or more of the major life activities of such individual. Such
individuals should not be discriminated against or treated differently in our policies,
actions, services or requirements involving housing. The proposed regulations are
being included in LDR, Chapter 2, which provides for a process that individuals who
may potentially be or feel they are not given reasonable accommodations or
discriminated against, can appeal the actions and have them reviewed against the State
or Federal requirements. The amendment is very similarly formatted to other processes
in the regulations. Mr. Rumpf had the authority to review against the Federal criteria
and make a determination administratively. If an appeal is taken, it moves on to the
Building Board of Adjustment and Appeals. If that decision is appealed it would move
forward in the court system.
Mr. Brake inquired if this has any effect on the Silver Housing or transitional housing for
people in treatment centers. Mr. Rumpf responded FHA and ADA covers all other
physical and mental impairments which means coverage goes well beyond what many
typically think of as handicapped. It could mean persons in wheelchairs or the blind and
can include persons such as alcoholics, mentally ill, persons with learning disabilities
and infirmities associated with old age. If such residents of a group home, silver house
or something of that nature fall under those categories then yes, it does. Mr. Brake
wondered if there was a group home within a certain amount of feet of another group
home and it happens to have people in treatment, would they fall under this
classification. Mr. Rumpf replied it would. Municipalities around the country are on a
learning curve on this issue. Distance separations have been challenged and been
found not appropriate or defensible or compliant with Federal regulations. It really
pertains to the topic of housing. When the line is crossed into commercial enterprises
or commercial businesses, such protection or rules and requirements do not apply. The
issue is about where individuals dwell and reside. There are situations in the City where
people do not live somewhere permanently, but go there for treatment. Mr. Brake
contended there is not a clear line between commercial and residential. The business
is extended into the residential, so it is not a simple residential /commercial issue. Mr.
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Rumpf understood the question, but the Federal Government looks at where the person
lives regardless of what happens to them during the day; whether they are mainstream,
whether they are assisted with employment or whether they go to some type of
counseling treatment. There is a very formalized process. When they are in such
residences or group homes they have probably already gone past the treatment level.
Mr. Brake reported in the case he knows about, they are in treatment and the treatment
facility beds them in a residential neighborhood. There is at least one company in
Boynton Beach where residents are in treatment and are not kept at that facility to
sleep. They are actually put back into the neighborhoods and it is not a transitional
housing, but indeed in treatment.
Motion
Mr. Katz moved to approve the motion. Mr. Wheeler seconded the motion that passed
unanimously.
7. Other
There was nothing to discuss under this item.
8. Comments by Members
There were no comments from any of the members.
9. Adjournment
Mr. Katz moved to adjourn. Mr. Wheeler seconded the motion that unanimously
passed. The meeting adjourned at 7:39 p.m.
Grace Morales
Recording Coordinator
10/23/13 6 hours
12
NEW BUSINESS
6.A
CP Text Amendments
ED, TOD, HP
(CPTA 14 -001)
Comprehensive Plan Text
Amendments
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM . PZ 13 -041
STAFF REPORT
TO: Chairman and Members
Planning and Development Board
FROM: Hanna Matras
Senior Planner
THRU: Michael W. Rumpf C/
Director of Planning and Zoning
DATE: December 9, 2013
PROJECT NAME /NO: CP Text Amendments ED,TOD,HP (CPTA 14 -001)
• Economic Development
• Transit - Oriented Development
• Historic Preservation
• Miscellaneous Other Amendments
REQUEST: Approve amendments to the Comprehensive Plan Future
Land Use, Transportation, Housing, Coastal Management,
Public School Facilities and Intergovernmental Coordination
elements that 1) support economic development through
preservation and expansion of industrial /commercial land; 2)
guide development in the future Downtown Transit - Oriented
Development District; (3) incorporate Historic Preservation
Program; and (4) address legal requirements, unnecessary
restrictions, omissions, and inconsistencies between the
Plan and the LDR.
PROCEDURE
All amendments to adopted Comprehensive Plan policies are considered text
amendments, subject to the Expedited State Review Process per provisions of Chapter
163.3184(3) and (5), Florida Statutes, adopted by the 2011 legislation. If the
Commission approves the proposed amendments, they will be transmitted for review to
the Florida Department of Economic Opportunity (DEO), currently the state land
planning agency, prior to final adoption by the City Commission. Within the DEO, the
program is administered by the Division of Community Planning and Development,
Bureau of Comprehensive Planning.
Page 2
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Economic Development/TOD /Historic Preservation /Miscelaneous
The final adoption of the proposed amendments is tentatively scheduled for May of
2014.
LAND USE POLICIES FOR ECONOMIC DEVELOPMENT
INTRODUCTION
Staff is proposing Economic Development - supportive text amendments to the Land Use
Element of the City of Boynton Beach Comprehensive Plan. Specifically, staff proposes
to: (1) amend Policy 1.4.2 for consistency with Objective 1.4 and place the omitted text
of policy 1.4.2 in a new Policy 1.17.6 under Objective 1.17, thereby consolidating all
policies pertaining to economic development under that objective; and to (2) amend
Objective 1.17, eliminate existing Policies 1.17.1 and 1.17.2, and add nine policies that
promote preservation and expansion of industrial lands for uses that provide
employment opportunities and diversify the City's tax base.
PROPOSED TEXT
Proposed changes to the Future Land Use element are shown below in strike - through/
underlined format:
Proposed text of Policy 1. 4.2 under its corresponding Objective 1.4.
Objective 1.4 The City shall encourage innovative land development regulations that
implement this Comprehensive Plan.
Policy 1.4.2 The City shall continue to modify land development regulations as
needed to make them more effective or less burdensome in achieving
goals and objectives of this Plan, and to seek innovative regulatory
solutions to promote economic development and sustainability
initiatives Ar adjaGeRt tA 'n�iis +riolli_resigRated�ds iolhc
noider�er r nn4inn 4n inrli io4rinl use if nrloni is a In4
�r rs «cr �r carrvrr - cv c r acic�rn
GG)nsnlirlotinn tG PF p } ion nieG l oot onnrnonhm� odioG�
i r.�vrrcrarrvr cP" � �� �"+ �" GGTTIITT CCrr — cr�vrvcvrrrrr �� �� �. �� �� �� �. �a�J�+
Re - Available pFeyided that a onin d
b6 is preyided
Proposed amendments to Objective 1.17and its policies.
Objective 1.17 The City shall pursue economic development opportunities to support a
competitive and diversified economy and a good quality of life for
residents.
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Economic Development/TOD /Historic Preservation /Miscelaneous
Measurability: Number of developments ppr-O ierl actions taken in accordance with
the objective.
Dnlln\/ 1 1 7 1 The (tshall nnntini ie to ott�t a nf hi ve- -rr-va a re�nin�
GG � rnial nn i resir�ent�QCP nment that Yeiill c - ri - streRgthen the talc
ho �an�eR a eM nnnnrti initioc�nr " ` TT Wi
affenting the Git y'S ne anr! nnmmi inity nharanter
Dnlln\/ 1 1 7 2 Thc Gity WEII nnntini ie to nartininate in ni lblin oar! nroVate P_-ff�nr fin
identify and imnleRqet , i Tp_t j tai ° twin and strenn4hen
inh hose as �niell os to evnand emnlnyment oar! troininn nnnnrti inities to
si invert a nmmpetitiVe and diwprs iffier! ennAt:4
Policy 1.17.1 The City shall monitor the amount of land available for
industrial /commercial development and, by the end of 2014, review the
Future Land Use and Official Zoning Maps for recommendations
pertaining to current location and potential expansion of industrial and
commercial districts
Policy 1. 17.2 The City shall preserve industrial land for industrial and Mob- generating
purposes; will work to ensure these sites are utilized to their full
potential as development and redevelopment occurs; and will
encourage private reinvestment through targeted incentives.
Policy 1. 17.3 By the end of 2014, the City shall review the Land Development
Regulations to improve approval processes and to remove unnecessary
hurdles hindering industrial and commercial uses that create Mobs,
contribute to the tax base, and accommodate market trends.
Policy 1. 17.4 The City shall restrict the non - industrial use of industrial lands to uses
that are of a type, size and number so as to be complementary to
industrial activities, and that do not deplete the supply of industrial land,
and do not create potential land use conflicts with industrial activities.
Policy 1. 17.5 The City shall continue to apply Economic Development Benefits review
criteria to all rezoning and Future Land Use Map amendment requests
to limit the conversion of industrial and commercial land to other uses.
Policy 1. 17.6 Re- classifications to industrial use of lands adjacent to industrial
districts can proceed only if lot consolidation is deemed adequate and
screening is provided to minimize impacts on adjacent residential uses.
Policy 1. 17.7 The City shall protect industrial lands from encroachment by other land
uses that would reduce the economic viability of industrial lands.
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Policy 1. 17.8 By the end of 2014, the City shall create an Economic Development
Plan and adopt it into the new Economic Development Element of this
Comprehensive Plan to promote economic growth and mob creation.
Policy 1. 17.9 By the end of 2015, the City shall amend the Land Development
regulations to facilitate implementation of the Economic Development
Element and the underlying Economic Development Plan.
Policy 1.17.3 The City shall continue to coordinate economic development efforts
with the Community Redevelopment Agency, the Boynton Beach
Chamber of Commerce and the Palm Beach Business Development
Board.
ANALYSIS
In October of 2011, the City Commission adopted the Economic Development Program
and Initiatives, including the set of initiatives #11 through #13 pertaining to Land
Development Regulations and Zoning. The initiatives aim at furthering economic
development through maximizing the area of land available for "for- profit" businesses,
with particular emphasis on lands with industrial and heavy commercial designations.
Low Vacant Industrial Land Inventory. The low inventory of vacant industrial land
within the City —only about 50 acres —is of a special concern. The problem results
chiefly from numerous conversions of vacant land designated for industrial and
commercial uses to residential use. The trend started in 2000 with an approval of a
residential development in the Quantum Industrial Park. Between 2000 and 2006, some
135 acres have lost their industrial designation, not including Quantum, which retained
the designation although a large percentage of its acreage has been converted to uses
other than industrial. A 2005 study by a consultant noted the potential negative effects
of a continuous overall decline in the amount of industrial land in Boynton Beach and
found the M -1 industrial district regulations unaccommodating to the changing market
trends.
The loss of industrial land occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local
economies in terms of future jobs, availability of services and tax bases was recognized
by the county's Intergovernmental Plan Amendment Review Committee ( IPARC). The
2008 analysis provided by a consultant retained by IPARC indicates that the
preservation and appropriate use of industrial land is a critical aspect in the local
government's ability to provide growth opportunities for businesses, especially those
that offer family sustaining jobs in higher -skill positions in the goods - producing sector of
the economy.
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Economic Development/TOD /Historic Preservation /Miscelaneous
Comprehensive Plan Policies in Support of Economic Development The
Comprehensive Plan's role is to provide direction for the City's decision - making on land
use and a basis for land development regulations. Prior to the 2008 EAR -based
Comprehensive Plan amendments, one of the Plan's policies was modified to support
the ongoing conversions of industrial land to residential use if such conversions
"provided opportunities for the City to meet its long -range housing goals." This policy
was subsequently removed; however, staff finds the language of the current Policy 1.4.2
inadequate to support the Economic Development Program and Initiatives and
proposes subject amendments as a comprehensive framework for decisions pertaining
to industrial lands. (Please note that Economic Development Benefit review criteria
mentioned in proposed Policy 1.17.5 are already included in rezoning criteria in the
Land Development Regulations.)
TRANSIT- ORIENTED DEVELOPMENT (TOD)
PROPOSED TEXT
Land Use Element
Objective 1.18 The City shall encourage transit - supportive land development
patterns to promote multi -modal transportation and increased
mobility.
Measurability: Volume of transit ridership within the City and the Downtown TOD
district; change in density and development intensity within TOD areas.
Policy 1. 18.1 The City shall implement the Transit - Oriented Development (TOD)
approach, as described in the 2012 Florida Department of
Transportation's TOD Guidebook, to manage future growth within a 1 /
mile radius around the intersection of Ocean Avenue and the Florida
East Coast rail corridor, which is the anticipated location of the
Downtown Boynton Beach Station for the planned commuter Tri -Rail
Coastal Service on the FEC Corridor. This area will be referred as the
Downtown TOD District hereforth. The inner Y4 -mile core of this District
shall be designed to accommodate the greatest density and intensity of
development.
Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an
active, mixed -use, pedestrian - friendly activity zone, supporting new
housing to increase potential ridership, intensifying land development
activity, and adding amenities and destination uses for future transit
riders. The City shall strive to achieve this goal through facilitating
compact, high density and intensity development of a varied mix of land
uses.
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a. The City shall maintain both a maximum and minimum residential
density within the Y4 mile area around the future station for all
zoning districts with the underlying Mixed -Use Core or Mixed- Use
future land use classifications.
b. The standard maximum density for properties located within the
Downtown TOD District in all zoning districts with the underlying
Special High Density Residential, Mixed Use Core or Mixed Use
future land use classifications can be increased by 25 percent.
C. The City shall monitor the number of residential units approved
within the Downtown TOD District for conformance with thresholds
established for the TCEA, and coordinate as appropriate with the
Palm Beach County Emergency Department regarding provision of
adequate hurricane shelter space to accommodate population
growth.
d. The City shall ensure that new development contributes to the
creation of an enhanced pedestrian environment through well -
located public plazas, expanded public sidewalks, and pedestrian -
scaled street and block structure for maximized internal and
external connectivity.
Policy 1. 18.3 The City shall incorporate the planned Tri -Rail Coastal Service and the
Downtown TOD District into the Future Land Use Map and revise
redevelopment plans as appropriate.
Policy 1. 18.4 The City shall monitor changes over time in the density and intensity of
development within the Downtown TOD District (cumulatively and
individually on development parcels), total numbers of residential units
and mobs, and the percentage composition of land uses, including ratio
of mobs -to- housing. This data shall be collected every five years and
distributed to relevant public agencies involved in regional
transportation planning and service.
Transportation Element
Proposed policies under Objective 2.4 (multi -modal transportation):
Policy 2.4.17 The City shall strive to adapt its transportation network to accommodate
the anticipated passenger rail service on the FEC Corridor, with a new
station in the City's CRA. To implement transit - oriented development
and provide superior access to the future downtown station, the City
shall plan for:
Page 7
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
a. "Complete streets ", accommodating all modes of transportation
(automobile as well as pedestrian, bicycle, and transit), to be
interconnected with surrounding developments and neighborhoods
within the Downtown TOD District.
b. Short blocks that will allow for an interconnected roadway network
to be created over time, with new streets, alleys and pedestrian
Passageways to ensure that blocks are easily walkable to
maximize pedestrian and bicycle access to the future station from
the Downtown TOD District and beyond.
C. Pedestrian- and bicycle - friendly design standards for new streets
and for retrofitting existing streets to match their new function.
d. A bicycle network with primary routes defined, with adequate
bicycle lanes, shared bicycle /pedestrian routes and amenities
such as parking and storage.
Policy 2.4.18 By the end of 2015, the City shall review parking regulations and
parking management options for the Downtown TOD District . The use
of transit, ridesharing, cycling and walking, as well as planned public
parking facilities within the area, may warrant reduced parking
requirements and increased use of shared and alternative parking
arrangements.
Intergovernmental Coordination Element
Objective 8.6 The City shall continue to coordinate transportation planning with
the Palm Beach Metropolitan Planning Organization, Palm Beach
County, South Florida Regional Transportation Authority and the
Florida Department of Transportation.
Policy 8.6.6 The City shall continue to coordinate with the South Florida Regional
Transportation Authority, Palm Beach Metropolitan Planning
Organization, Florida Department of Transportation, Treasure Coast
Regional Planning Council, and other transportation stakeholder
agencies to help establish passenger rail service on the FEC Rail
Corridor, with a new passenger rail station in the City's CRA.
Page 8
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
ANALYSIS
Background. For the past eight years, the City has been participating with the Florida
Department of Transportation (FDOT) and other agencies to expand the Tri -Rail
commuter system to include new service on the FEC. The expanded service, named
the "Tri -Rail Coastal Link," would add a series of new passenger rail stations on the
FEC in Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton
Beach station just south of Boynton Beach Boulevard.
FDOT and its transportation partners, including the South Florida Regional
Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization
(MPO), Treasure Coast Regional Planning Council (TCRPC), have all prioritized the
need to improve land development patterns in advance of station development for
several reasons: (1) transit - oriented development (TOD) improves ridership for transit
service, thereby increasing efficiency; (2) transit service increases access to station
areas, thereby increasing potential for higher intensity and density land development;
(3) TOD equally accommodates all modes of transportation (car as well as pedestrian,
bicycle, and transit), further increasing access to station areas and potential for
increased development capacity; and (4) TOD encourages a park -once environment,
which reduces vehicular demand on the roadway network, further improving efficiency
and reducing carbon emissions. Furthermore, federal funding for transit projects such
as the Tri -Rail Coastal Link are highly contingent upon existing and projected TOD
patterns around station areas such as the City's planned rail station. Cities that adopt
TOD plans and codes ahead of the planned service help improve the competitiveness
of the City and region.
The most significant features of a TOD are (1) increased density and intensity of
development, with minimum levels of development recommended by FDOT; (2)
walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to
the service and area. In June of 2013, the City Commission approved amendments to
the Land Development Regulations to create provisions for TOD and the corresponding
standards in the mixed use zoning regulations, including the minimum density and
intensity standards for mixed use districts within the Transit Core and the Station Area,
defined as a Y4 mile and'/ mile around the future station, respectively.
Proposed Policies The proposed comprehensive plan policies give a broad support to
these regulations. In addition, they would allow a 25% density increase for projects
classified Special High Density Residential and the two mixed -use land use categories
within the Station Area, referred to as a Downtown TOD District. The total number of
units within the District is currently about 3,100, resulting in the gross density of 7.027
dwelling units per acre, while the Community Center station, a model for the Boynton
Beach Downtown TOD District, stipulates densities between 11 and 16 dwelling units
per acre. The minimum density of 11du /ac corresponds to 4,862 units in the subject
area; the proposed density increase would help to reach this desirable threshold.
Page 9
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
Significant areas east of the FEC track are already classified as either Mixed -Use Core
or Mixed Use (see Exhibit 1) and more are targeted for higher density and intensity
mixed -use development both east and west of the tracks. There are no properties
currently classified as Special high Density Residential within the District, but some may
be reclassified to this category in the future.
Downtown TOD District and TCEA Note the overlap between the District and the
City's Transportation Concurrency Exception Area (TCEA; see Exhibit 2)): the
majority —about 80 percent —of the District is located within the TCEA, and about 50
percent of the TCEA is located within the District.
The TCEA policies, incorporated into the City's and the Palm Beach County's
comprehensive plans, set up 2025 development caps for a number of residential units
as well as non - residential square footage, stipulating that no building permits may be
issued for new development when the maximum allowable limits are reached. The
maximum number of residential units was set at 8,050 units. As of the end of March,
2013, the number of units within TCEA was 4,225. The 2004 TCEA Justification Report
provided the analysis of the development impacts on roadway links and intersections.
Moreover, Policy 2.1.6 of the Transportation Element states that "any project utilizing
the TCEA and significantly impacting the Florida Interstate Highway System (FINS)
shall be required to address these impacts as required by Palm Beach County."
As per the proposed policies 1.18.2 c and 1.18.3, the City will monitor the number of the
approved dwelling units, and comply with the TCEA cap as well as the TCEA policies
regarding provision of hurricane shelters to accommodate growing population.
Intensification of development and Coastal H40-Hazard Area (CHHA). In 2011,
Palm Beach County reduced the "Coastal High- Hazard" area by nearly 90 percent,
thereby allowing more development on the coast. The CHHA definition is now
standardized as the category one storm surge area. The Downtown TOD District
overlaps with the Coastal High- Hazard area (see Exhibit 3); however, note that the
largest section of this area is classified on the Future Land Use Map as a Conservation
Overlay, naturally limiting the development potential on the affected properties.
HISTORIC PRESERVATION
PROPOSED TEXT
Land Use Element
The proposed changes include amendments to Policy 1.3.2 1 and Objective 1.14, and
an addition of Objectives 1.19, 1.20 and 1.21.
Policy 1.3.2 The City shall continue to administer land development regulations that
address and regulate the following:
Page 10
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Economic Development/TOD /Historic Preservation /Miscelaneous
I. The Fesegn+t+ee identification, documentation, and preservation of
historic_ and cultural resources
Objective 1.14 The City shall continue to protect native habitat, and preserve
wetlands, arGhaeeleg sites and- his4a-ria- reg_n_,,rGeS
DelinY 1 14 2 The t r
Git sha sha thee th n
inh e efernemen rtineneel l s iatien
c- vny- ��uir r
- crnvcrgn -ern.. crn- vrccrrr t crr���ernrrcnrTCgurarrvrrr,
rVe ntini onrequire that in the aVaat nf Prier Lnewledge of anY
aFGhaee InnIeei � na Q lI Site a dP_V e I G PFFleRt S er the d+sE erne#
aFGhaeeleeinal artifan4s d6 trin nreient nenstri intien the ddeVeleper��l,l
?ten nenstn intien in that ores oad imm atehi notify the Ri ireai�n
.rnhaeeleeiGal Desearnh in the CI rich DepaFtmT nt of State DreneF
nretentien of si inh resni ernes to the satisfantinn of the b ire he
vrrrc�vurvca�.ia cu a sall �ncrrrpc
nreiided by the deyelener
DelinY 1 14 2 H rs i n erne idener! in "The \/nten Rean h Histerin
�rvr�a �
- �.�v�rc s c� Qty of Re
�crcrTCrrTCa�rr�ri
Sites Survey" shall he innernerated i. p . te the F- tb ire Land I rra --vysc -Map
Ger� a shall he nrGtented frrDm deVek9nment and redeVelenment
civrrcrcrc.T.
Pella\/ 1 1 /1 4 ThcGtshall nentini le tn Golinit inns it form Innal histnrin nreseni�T
arri i n i indating the lists and mans ref histGFin nrGnerties nr_ntained in
the— SeFFlPI2ted histerinal survey. . T he ity CA_mmissinn shall adept anY
r iis a the and maps of histnrinal nrener� Whinh are sheYm
iA the histerin si eyed and the 1�ehensi�Pan f renerdine with
the Clerida nAaster Clle
DnlinY 1 14 r The Git ' l d y s an deV pmen r shall ie to preyde
c- rnti�a�crccebp t riTCr�r� s ll �ri i i
�rvv�crc
nretentien far listed hiStnrinol reset ernes
Objective 1.19 The city shall continue to identify, document, and preserve historic
and cultural resources.
Measurability: Number of areas or sites added to the Boynton Beach Register of
Historic Places and the Florida Master Site File.
Policy 1. 19.1 The City shall continue to maintain and update "The City of Boynton
Beach Historic Sites Survey" and the Florida Master Site File.
Policy 1. 19.2 The City shall continue to maintain and update "The Boynton Beach
Register of Historic Places" and the "National Register of Historic
Places ".
Page 11
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
Policy 1. 19.3 The City shall continue processing additions to "The Boynton Beach
Register of Historic Places ".
Policy 1. 19.4 Historic and cultural resources identified in "The Boynton Beach
Register of Historic Places" shall be incorporated into the Future Land
Use Map series and shall be protected from development and
redevelopment activities through the approved review process.
Policy 1. 19.5 The City's land development regulations shall continue to provide
protection for historic and cultural resources.
Policy 1. 19.6 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 Bureau of
Archaeological Research in the Florida Department of State. Proper
protection of such resources to the satisfaction of the bureau shall be
Provided by the developer.
Policy 1. 19.7 The City shall continue to meet the criteria necessary for participation in
the Certified Local Government Program.
Objective 1.20 The City shall continue to pursue funding opportunities and offer
incentives that will contribute to the preservation of historic and
cultural resources.
Measurability: The amount of funding received and number incentives awarded.
Policy 1.20.1 The City shall continue to pursue grant funding for projects that
contribute to the preservation of historic and cultural resources.
Policy 1.20.2 The City shall continue to offer incentives that will contribute to the
Preservation of historic and cultural resources.
Objective 1.21 The City shall continue to identify and provide educational
opportunities to encourage a greater understanding and
appreciation of historic and cultural resources.
Measurability: Number of opportunities identified and provided.
Policy 1.21.1 The City shall continue to increase awareness and understanding of
historic and cultural resources for educational and heritage tourism
purposes.
Page 12
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Economic Development/TOD /Historic Preservation /Miscelaneous
Policy 1.21.2 The City shall continue to work with heritage and educational
organizations to increase awareness and understanding of historic and
cultural resources.
Housing Element
The proposed changes include amendments and additions to Objective 6.8:
Objective 6.8 The City shall continue to identify, document, and preserve
housing i d-ent i f i e as being historically and culturally significant
housing through the approved processes
Measurability. Continued maintenance of land development regulations encouraging
the identification, documentation, and p reservation of historic resources.
DnlinY R 8 'I Histerin room ernes irentified in "The Git y of Reyptnn — Rear -- h Histerin
�r�rra r.�vcn vcsTCrcrTCn�
Cites Survey" shall he the F iti ire I and Use noon
series and shall where nrantinal he nrntented from dPVelnnment anr!
redevelopment activities
Dnlln\/ R S2 2 The Gity shall nnntini ie to snlinit inns it from Innal h lsterin nresenratinn
nrei ins in i ipdatinr, the lists and mans of hiGtGFin nrnnerties nnntained in
th e na- wrmFlPleted histnrinal si iniey The Gity (`nmmissinn shall ardent ap
r iis n the lists and mans of histGFinal PFGP Whinh are shAwA
iA the histnrin si,need and the Gemnrehensiye Dlan for rennrdinn with
the Clnrirla Master Cite Clle
DnlinY 6 The City's land deVelnnment rent nations shall Gemini 1e to nrA,iOP
nrntentinn for lister! hiStnrinol resni ernes
Policy 6.8.1 The City shall continue to maintain and update "The City of Boynton
Beach Historic Sites Survey" and the Florida Master Site File.
Policy 6.8.2 The City shall continue to maintain and update "The Boynton Beach
Register of Historic Places" and the "National Register of Historic
Places ".
Policy 6.8.3 The City shall continue processing additions to "The Boynton Beach
Register of Historic Places ".
Policy 6.8.4 Historic and cultural resources identified in "The Boynton Beach
Register of Historic Places" shall be incorporated into the Future Land
Use Map series and shall be protected from development and
redevelopment activities through the approved review process.
Page 13
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Economic Development/TOD /Historic Preservation /Miscelaneous
Policy 6.8.5 The City's land development regulations shall continue to provide
protection for historic and cultural resources.
Coastal Management Element
Staff finds the duplication of the Land Use Element's historic preservation policies in the
Coastal Management Element unnecessary and therefore proposes deletion of
Objective 7.12 and its policies.
ee t+Ve —K Se of h �ter� Fe t+es n the Cost a; nA �geme t
area.
nreoeniatinn of hi tG eo
DnlinY 7 17 1 Histnrin room nes irl +or! in "Th Git y ref BGYRtGR Ronnh Hio4r_rin
�rvrra- �- �.�v� cater- r o ric - rnti
S Survey" which are eligible Innal nr Alatinnal r Registe l� l
T all he innerneratedl into the Ci iti ire �andl I ISe nAan Series andl Shall he
nrntentedl from dleyelnnment andl redleyelnnment antiyities
Rnl 7 17 2 The (tshall nnntini ie tn Gn inns 1t fnrrvm Innal h 0 Gtnrin nreser�i�T
arri i n i iPdatinn the lio4o end! mono ref hiGtGFin nrGneFtieo nr_n4eined in
ttthre- GGFFlPT2ted histnrinal survey. . T he ity (`nmmissinn shall adept a%4
r iiS n t�sts and mans of hiotGFinal PFGP Whinh are she�nm
iA the histnrin si eyed and! the Gem chensi�Pan f rennrdlinn with
the Clnridla nAaster Clle
DnlinY :7 The Git ' l
y s and! dleV nmen r Shall ie to i
nreydle
c rnti�a�crcce�p t riTCr�r� l �ri �rvv�crc
nrntentinn fnr listed! hiStnrinol resni ernes
Public School Facilities Element
The proposed changes include amendments to Policy 10A.2.1:
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.
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Economic Development/TOD /Historic Preservation /Miscelaneous
The site plan for buildings being renovated pursuant to number 2
above,- +ho+ oro fifty „oars of ono er elder shall demonstrate that there
are no adverse impacts on archaeological sites or sites listed +4 on the
National Register of Historic Places or the Boynton Beach Register of
Historic Places. A - �° Vi.SP- d2G d ir, -Annr-rrl -Anne with appFepFiate
State — gu --i a'-; n c� IGGally cigRifiGaRt hictnrin oI
ro o r S
Intergovernmental Coordination Element
Staff proposes an addition of Objective 8.18:
Objective 8.18 The City shall continue to coordinate with those agencies, departments,
and entities that assist in the preservation of historic and cultural
resources.
Measurability: Number of interlocal agreements maintained and created.
Policy 8.18.1 The City shall continue to meet the requirements of the Certified Local
Government program as detailed in the Certified Local Government
Agreement with the State of Florida, Department of State, Division of
Historical Resources.
Policy 8.18.2 The City shall continue to meet the requirements of the Historic Tax
Exemption Program as detailed in the interlocal agreement with the
Board of County Commissioners of Palm Beach County.
Policy 8.18.3 The City shall continue to establish and maintain links with national,
state, and local preservation and educational organizations.
Background
In 2011, the City of Boynton Beach adopted a new comprehensive Historic Preservation
Program for the identification and protection of its historic, archaeological, and cultural
resources. The program includes a number of elements such as the Certified Local
Government Program, the Ad Valorem Tax Incentive Program, funding and educational
opportunities, and various historic and cultural site registers. All of these elements
should be referenced in the Comprehensive Plan to ensure the ongoing success and
development of the preservation program and its continued compliance with the
requirements of the state and federal preservation programs. Existing sections in the
Comprehensive Plan would be amended where necessary or deleted if they are no
longer relevant, and staff proposes to add a number of new sections to reflect the City's
commitment to historic preservation.
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Economic Development/TOD /Historic Preservation /Miscelaneous
MISCELANEOUS OTHER AMENDMENTS
PROPOSED AMENDMENTS TO THE LAND USE ELEMENT
1. Special Hiph Density (SHD) Land Use
Proposed change to the residential category maximum density table, Policy 1.3.1 a..
Special High Density Residential* 20 DU /AC
*This designation shall only be utilized in ^^ni„nn+i„n With th Gity's affeFdahle hel1,6inn
the Community Redevelopment Area if consistent with the applicable
redevelopment plan.
ANALYSIS
Prior to the 2008 amendments to the Comprehensive Plan (based on the
recommendations of the Evaluation and Appraisal Report,) the corresponding policy in
the Land Use Element pertaining to the Special High Density Residential land use
category read that it "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 1 and Planning Area V in the "Federal Highway
Corridor Community Redevelopment Plan'; and may be applied in other areas of the
City when utilized in conjunction with the provision of affordable housing."
The proposed amendment eliminates the language limiting the SHD classification to
affordable housing. Instead, its use would be guided by specific recommendations of
the CRA redevelopment plans. The SHD classification is the residential land use
category with the highest density of 20 dwelling units per acre; no commercial uses are
allowed except limited water - related uses in certain locations. It is a residential -only
alternative to a Mixed -Use land use category zoning district with similar residential
density, Mixed -Use Low 1. As is the case with the latter, the IPUD zoning district, the
only zoning designation corresponding to the SHD land use category, is a planned
district. The City's intent is to use these districts to encourage flexibility of design and to
implement its vision for redevelopment areas embodied in redevelopment plans.
2. Floor Area Ratio (FAR) for the Mixed Use Land Use Catepory
Proposed changes to the maximum density and floor area ratio for the mixed use
categories table, Policy 1.3.1 d..
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File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
Future Land Use Maximum Density (du /ac)
DeSigRatinn Categor or Floor Area Ratio (FAR)
Mixed Use 40 du /acre and 4-5 3.0 FAR (excluding parking
(east of 1 -95) structures)
(A FAR of 2 3.5 may be considered for
development abutting the Mixed Use -Core
desigRatinn category or meeting other Iocational
criteria)
ANALYSIS
This amendment would correct inconsistency between the Land Use Element of the
Comprehensive Plan and the Land Development Regulations. The inconsistency arose
after the Mixed Use -Low zoning district (initially the only one corresponding to Mixed
Use land use) was split into three districts with varying densities, and the FAR
parameter was added to the building and site regulations. These districts, MU -L1, MU-
L2, and MU -L3, have maximum FARs of 1.0, 2.0/2.5 and 3.0/3.5, respectively; the
higher FARs apply only if the property abuts the Mixed Use -High district with the
underlying Mixed Use -Core land use category west of US 1, and only within a certain
distance from the Mixed Use -High zoning district line (and thus overall FAR would not
reach 2.5 or 3.5).
The transition to the three zoning districts has not imposed densities higher than the
maximum density of 40 units /acre as per the quoted above section of Policy 1.3.1; in
fact, it reduced the overall potential density by reducing the maximum density in the two
lower intensity districts. The allowable densities are now 20, 30/40 and 40 du /acre (a
higher density of 40 units /acre in the second of the two districts is based on the same
Iocational criteria as the FARs). Moreover, where as the maximum building height for
the intial zoning district was 75 feet, the maximum height for the three districts are 45,
65 and 75 feet, respectively.
Given the above factors, the overall impact of raising the maximum FAR for the Mixed
Use land use is likely to be negligible. Please also note that the City's Land
Development Regulations added minimum FARs and minimum densities for
development within the inner Y4 -mile core of the Downtown TOD District, with a goal to
accommodate the greatest density and intensity of development consistemt with the
TOD framework prepared by the State and TCRPC.
Finally, the areas with either existing or potential Mixed Use land use classification lay,
with the exception of two properties south of Woolbright Road and east of the FEC
tracks, within the City's TCEA. As noted in the analysis of the proposed TOD
amendment, the City is monitoring development with regard to the TCEA development
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File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
threshholds. The two parcels outside of the TCEA will undergo full traffic concurrency
review.
3. Land Use Descriptions: Uses Allowed
Proposed changes to Policy 1.3.1 b, c, and d.
Policy 1.3.1 b.: (Office Commercial)
In the Office Commercial designation, the fGIlGWiRg allowed uses an a;; will be
limited to, but not necessarily include, the following (No changes proposed to the list of
uses that follows.)
Policy 1.3.1 b.: (Local Retail Commercial)
Uses allowed 4in the Local Retail Commercial designation the " ^� eiin^ a re all^e
in o�� +inn +n +h i ices Gc+ed ohn „e: will be limited to, but not necessarily include, all
uses permitted in the Office Commercial designation and the uses listed below: (No
changes proposed to the list of uses that follows.)
Policy 1.3.1 b.: (General Commercial)
Uses allowed 4in the General Commercial designation he fnllGWiRg uses are ollewed
: wi I I be
limited to, but not necessarily include, all uses permitted in the Local Retail
Commercial designation (except non - accessory residential uses) and the uses listed
below:
1. Business services;
2 " ehinle - ;;Ad hr»+ Warehousing and storage;
��ehnlr! c+nrone•
3. Shops for fabrication, rebuilding and repair on a custom basis.
Policy 1.3.1 c.: (Industrial)
Uses allowed in th Industrial land use category shall be limited to, but not
necessarily include, the following: (No changes proposed to the list of uses that follows.)
Policy 1.3.1 d.: (Mixed Use)
Uses allowed in the Mixed Use deci +inn category + fnlln�ni uses inn sec shall be
aflewed� limited to, but not necessarily include, the following: (No changes proposed to
the list of uses that follows.)
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Economic Development/TOD /Historic Preservation /Miscelaneous
Policy 1.3.1 d.: (Mixed Use -Core)
Uses allowed t+n the Mixed Use -Core deGigna +i category- the fgllg,e,ing u ses shall be
at4ewec- limited to, but not necessarily include, the following: (No changes proposed to
the list of uses that follows.)
This amendment would correct the inconsistency among the descriptions of uses
permitted for a given land use classification. Specifically, the proposed heading for the
list of permitted uses for each classification would clearly indicate that the actual list of
uses (ultimately specified in zoning districts corresponding to the subject classification)
will be limited to, but may not necessarily include all uses listed as permitted.
This language would apply to commercial land use categories— Office Commercial,
Local Retail Commercial and General Commercial —as well as Industrial, Mixed Use
and Mixed Use -Core categories. It currently applies to Public and Private
Governmental /Institutional and Recreational categories. Since the Comprehensive Plan
provisions supersede those in the Land Development Regulations, the proposed
language would give the City some flexibility with regard to zoning changes without
going through a lengthy process of a Plan amendment.
In Policy 1.3.1 b., the proposed amendment replacing "vehicle and boat storage" and
"household storage" with "warehousing and storage" would eliminate the inconsistency
between the Comprehensive Plan language and the Land Development Regulations.
4. Annexations
Policy 1. 15.3 The City shall require that every property owners being requesting
annexed into the City ta— concurrently apply for land use
amendment and rezoning to the City's adepted land use classification
and zoning district. Reclassification and rezoning of properties annexed
through city- initiated actions can be postponed for up to 6 months
unless improvements are requested.
The proposed amendment would be consistent with the existing provision in the LDR.
PROPOSED AMENDMENTS TO THE HOUSING ELEMENT
1. Funding for affordable housing
Policy 6.3.7 The City shall establish a priority for very -low- income households VeFy -
Inni_innnmo /i a PeF6 RS ihn 5094 o t
f he media
vw- -mvvmc � TJG earnng loss t
- rJ �rru v1�CrR..�rTCCrraiZ n
hgi ioehglr! inngme\ the elderly, and nhvsinally nhallenged persons with
Physical or mental disabilities, in providing funding sources for
affordable dwelling units.
Page 19
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
This policy currently excludes persons with mental disabilities. The omission was
identified as one of the regulatory impediments to fair housing in the City's 2012
Analysis of the Impediments to Fair Housing Choice (AI) report to be rectified through
the Comprehensive Plan amendment. The report was prepared in accordance with 24
CFR 570.904(c) in furtherance of the Community Development Block Grants (CDBG)
certifications to affirmatively further fair housing.
2. Monitoring of impact of regulatory changes on affordable housing
Objective 6.11 The City shall continue to monitor the impacts of amendments to the
Land Development Regulations on affordable housing.
Measurability: Number of unintended negative impact prevented or mitigated
Policy 6.11.1 The City shall review all proposed amendments to Land Development
Regulations for a potential negative impact on the affordable housing
cost prior to adoption.
The proposed amendment would be consistent with the already existing provision in the
LDR.
3. Group home siting
Objective 6.6 The City shall allow sites for group homes and foster care facilities in
residential land use categories consistent with Chapter 419 F.S.
applicable state and federal laws.
Policy 6.6.1 Notwithstanding those facilities subject to the ADA, FHA, or other
similar federal or state laws, statutes or regulations, tThe City shall
allow group homes with six or fewer residents in all residential zoning
districts provided they are located at least 1,000 feet from other such
facilities. However, all gGroup homes shall be required to obtain a
license with the City in order to facilitate monitoring and ensure zoning
compliance.
The proposed amendments demonstrate the City's commitment to compliance with all
federal and state laws pertaining to group home siting.
RECOMMENDATION.
The proposed text amendments would (i) support Economic Development goals of the
City by promoting lands for uses that provide employment opportunities and diversify
the City's tax base; (ii) support the recently adopted TOD- related land development
Page 20
File Number CPTA 14 -001
Economic Development/TOD /Historic Preservation /Miscelaneous
regulations in consistency with other Comprehensive Plan policies promoting transit and
compact urban development; (iii) incorporate the City's new Historic Preservation
Program, and (iv) address legal requirements, unnecessary restrictions, omissions, and
inconsistencies between the Plan and the Land Development Regulations.
Therefore, staff recommends that:
1. The Planning and Development Board recommend approval of the proposed
amendments, and
2. The City Commission, acting in its capacity as the Local Planning Agency,
approve the amendments for transmittal to the Division of Community Planning
and Development of the Florida Department of Economic Opportunity for their
review and comment.
ATTACHMENTS
S: \Planning \SHARED \WP \SPECPROJ \ECONOMIC DEV PHASE II \CP amendments \CP amendment submittal CPTA 13- 001 \Report CPTA 13-
001.docx
FUTURE LAND USE AND THE PROPOSED DOWNTOWN STATION
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EXHIBIT 1
TCEA AND THE PROPOSED DOWNTOWN STATION
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Future Land Use 10/18/11 LOCAL RETAIL COMMERCIAL (LRC) MIXED USE CORE (MXC)
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SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) PUBLIC & PRIVATE GOVERNMENTAL /INSTITUTIONAL (PPGI) 0 PROPOSED STATION
n OFFICE COMMERCIAL (OC) IM MIXED USE (MX) mom TCEA BOUNDARY
EXHIBIT 2
COASTAL HIGH HAZARD AREA AND THE PROPOSED DOWNTOWN STATION
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HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U. /AcreT RECREATIONAL (R) CONSERVATION OVERLAY (C/O)
SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) PUBLIC& PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 PROPOSED STATION
OFFICE COMMERCIAL (OC) IM MIXED USE (MX) mw CHH AREA BOUNDARY
EXHIBIT 3
FUTURE LAND USE ELEMENT
proposed text amendments
Table of Contents
Objective
Page
1.1 Concurrency ....................................................................................... ............................1 -1
1.2 Land Development Regulations and Future Land Use Designations ...................1 -2
1.3 Utilities and services sites ........................................................... ............................... 1 -2
1.4 Innovative LDRs .............................................................................. ...........................1 -13
1.5 Erosion and topography ................................................................ ...........................1 -13
1 .6 Soil Conditions ................................................................................ ...........................1 -14
1.7 Blight and Redevelopment ............................................................ ...........................1 -14
1.8 Anti- sprawl ...................................................................................... ...........................1 -15
1.9 Urban CBD ....................................................................................... ...........................1 -16
1.10 Inconsistent Uses - Compatibility ................................................... ...........................1 -16
1.11 Coastal High- Hazard Area ............................................................. ...........................1 -17
1.12 Housing ............................................................................................ ...........................1 -18
1.13 Workforce Housing ......................................................................... ...........................1 -19
1.14 Habitat /44isterie Preservation ........................................................ ...........................1 -19
1.15 Annexation ......................................................................................... ...........................1 -20
1 .16 School Siting ...................................................................................... ...........................1 -21
1.17 Economic Development .................................................................. ...........................1 -22
1.18 Transit - Supportive Development .................................................. ...........................1 -21
1.19 Historic Preservation ...................................................................... ...........................1 -22
1.20 Historic Preservation - Funding and Incentives ....................... ...........................1 -22
City of Boynton Beach 1 -i Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
1.21 Historic Preservation - Education ................................................. ...........................1 -22
City of Boynton Beach 14 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
and designations. The uses, densities and intensities shall be the
maximums allowed, but shall not indicate that those maximums
are necessarily allowed in a land use category or zoning district.
The land development regulations or other provisions 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 may have land use characteristics
very similar to those uses listed under a particular land use
category may also be allowed in that land use category. One or
more zoning districts, including planned development districts,
shall be established to implement each of the following land use
categories.
a. Residential category shall provide a mix of available residential
densities to accommodate a variety of housing types sufficient
to meet the needs of the present and projected population of the
City, including the provision of adequate sites for housing very
low -, low- and moderate income households and for mobile and
manufactured homes. Residential land use designations are
described below:
Future Land Use Designation Maximum Gross Density
Dwelling Units (DU) /Acre (AC)
Low Density Residential 5 DU /AC
Moderate Density Residential 7.5 DU /AC
Medium Density Residential 10 DU /AC
High Density Residential 11 DU /AC
Special High Density Residential* 20 DU/ AC
' Mis designation shall only be utilized in
the CRA area if consistent with the applicable redevelopment plan.
In addition to dwelling units, other land uses in support of the
residences may also be appropriate therein:
1. Home occupations and other uses accessory to a
dwelling unit;
2. Parks, playgrounds, golf courses, open space and other
outdoor recreational facilities and recreational, civic or
cultural buildings ancillary to the primary outdoor
recreational use of the site;
3. Community facilities designed to serve the residential
area, such as elementary, middle and high schools,
churches, day care centers, governmental administration,
police and fire protection facilities, libraries and civic
centers;
City of Boynton Beach 1- 3 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
4. Group homes, rooming and boarding homes, and
nursing homes or related health -care facilities which are
comparable in density, character and impact;
5. Public utilities including transmission facilities, pumping
and transfer stations; excluding water and wastewater
treatment plants, landfills and electric power generating
facilities;
6. All new mobile home parks shall conform to the density
shown on the Future Land Use Plan; however, 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 non-
conforming density until the use of the entire mobile
home park is terminated;
In addition to other allowed non - residential uses, the City may
allow marine - oriented and water - dependent uses in the Special
High Density Residential category in conjuntion with the Palm
Beach County Manatee Protection Plan (the MPP) as adopted in
August of 2007. A site for a proposed facility must be designated as
"preferred" by the Boat Facility Siting Plan contained in the MPP
and must be consistent with all. applicable Plan recommendations
and policies for boat facilities. The City shall also establish land
development regulations that maximize land use compatibility and
protect residential neighborhoods from negative impacts of subject
uses.
b. Commercial category shall allow a broad range of commercial
uses to provide for business, retail, service, office and other
commercial enterprises which support the resident and visitor
populations and create employment opportunities. Commercial
designations on the City's Future Land Use Map include the
following:
Future Land Use Designation Maximum Floor Area Ratio (FAR)
Office Commercial 0.40
Local Retail Commercial 0.50
General Commercial 0.50
In the Office Commercial designation, the follow allowed
uses are allowe'': will be limited to, but not necessary include,
the following:
1. Business, professional and administrative offices;
City of Boynton Beach 1- 4 Date: December 1, 2009
Comprehensive Plan Future Land Use Element
Amendments: Recreational Surface Water Use Ordinance 09 -042
2. Financial institutions;
3. Funeral homes;
4. Places of worship;
5. Schools and instruction, day -care centers and educational
institutions;
6. Museums;
7. Hospitals and other health care services, group homes,
nursing homes and related health care facilities;
8. Social and civic clubs and organizations;
9. Civic and community centers;
10. Limited retail and business services related to the above
uses.
Uses allowed An the Local Retail Commercial designation
€ellei ing are- allewed, in -additien te the uses listed abu=Pe -will
be limited to, but not necessarily include, all uses permitted in
the Office Commercial designation and the uses listed below:
1. Retail uses, personal services and repair of consumer
goods;
2. Wholesale of non - hazardous commodities;
3. Business services which are compatible with retail uses;
4. Entertainment, recreation facilities, amusements,
attractions and exposition halls;
5. Lodging facilities;
6. Marinas and boat storage;
7. Passenger transportation facilities; also,
8. High Density Residential (maximum 11 du /ac),
including mixed use developments;
9. Limited light industrial uses in planned commercial
developments (Flex- space).
Uses allowed iln the General Commercial designation
fellewft uses - are - flawed, in addition n tease listed above,
shall be limited to, but not necessary include, all uses permitted
in the Local Retail Commercial designation except non-
accessory residential uses), and the uses listed below: hoer
residential uses shag not be alle p
1. Business services;
2. Vehicle and boat storage;
3. Household storage;
4. Shops for fabrication, rebuilding and repair on a custom
basis.
City of Boynton Beach 1- 5 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
c. Industrial category shall allow industrial uses which provide
opportunities for the retention and expansion of economic
activities associated with manufacturing, processing or
assembly plants and their support enterprises for warehouse,
storage, distribution, research and development. Development
within this designation shall have a maximum Floor Area Ratio
(FAR) of 0.50.
Uses allowed in this land use category sly will be limited to,
but not necessary include, the following:
1. Industrial uses, research and development, wholesale
and distribution, business and repair services,
warehousing and storage;
2. Transportation, communications, and utility facilities;
3. Retail sale of home improvement goods, tools, and
machinery;
4. Adult entertainment establishments;
5. Trade and industrial schools;
6. Major recreation facilities such as racetracks, arenas,
amusement parks, exposition halls, and the like;
7. Offices and retail uses in planned industrial
developments
8. Restaurants which are accessory to the above uses; and
9. Temporary amusements, revival tents, and the like.
d. Mixed Use category shall provide for the vertical or horizontal
mixing of land uses within a single site in order to allow
development and redevelopment in specific geographic areas of
the City that take maximum advantage of existing utility
systems and services; and promote compact development, safe
and pedestrian- friendly streets, and provide transportation
choices.
All land development located within any mixed use
designation shall be required to submit a plan that includes a
single unified design for the project and shall conform to any
adopted redevelopment and design plan(s) for the area covered
by the designation.
Future Land Use Maximum Density (du/ac)
Designation or Floor Area Ratio (FAR)
Mixed Use 40 du /ac and -3 3.0 FAR (excluding parking
(east of I -95) structures)
City of Boynton Beach 1- 6 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
(A FAR of 1.A 3.5 may be considered for
development abutting the Mixed Use -Core
designation or meeting other locational
criteria)
Mixed Use -Core 80 du /ac and 4.0 FAR (excluding parking
(east of I -95) structures)
Mixed use - Suburban 20 du /ac and 1.0 FAR (excluding parking
(west of I -95) structures)
In the Mixed Use designation, the allowed €ellewuses will
shall —be allowed limited to, but not necessary include, the
following
1. Business, professional and administrative offices;
2. Retail uses, personal services, business services which are
compatible with retail uses;
3. Entertainment, recreation facilities, amusements,
attractions and exposition halls;
4. Hotels;
5. Residential uses with a gross density of 40 du /ac;
6. Places of worship, elementary and high schools and day-
care services;
7. Governmental uses; and
8. Home occupations.
Land use types shall be permitted according to the following
ranges, expressed as a percentage of the total area in this plan
designation. The percentages shall be applied on an areawide
basis but shall not be interpreted to require each development
to have a mixture of uses.
Ranges of Allowable Percentages of Land Use Within the Area:
Residential 70 % -90%
Non - residential 10%-30%
The cumulative development in these areas shall be monitored
to ensure that the proportional mix of uses is achieved by the
year 2025.
In the Mixed Use -Core designation, the allowed €ellev- ses
shall - will be allewed limited to, but not necessary include, the
following
City of Boynton Beach 1- 7 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
b. The coordination of future land uses with the appropriate
topography and soil conditions;
c. Compatibility of adjacent land uses and buffering and screening
of uses;
d. The subdivision of land;
e. Signage;
f. Areas subject to seasonal or periodic flooding and provisions
for drainage and stormwater management;
g. The protection of environmentally sensitive lands, water
wellfields and aquifer recharge areas;
h. Access Management;
i. On -site vehicular circulation, parking lots and loading areas
designed and sized to provide the maximum reasonable degree
of safety and convenience;
j. The provision of open space;
k. The protection of known and discovered archaeological sites;
1. The identification, documentation, and preservation
of historic properties and cultural resources;
m. The protection of natural resources; and,
n. The availability of facilities and services at adopted levels of
service concurrent with the impacts of development.
Objective 1.4 The City shall encourage innovative land development
regulations that implement this Comprehensive Plan.
Measurability: Number of amendments to the land development regulations that foster
innovative regulations consistent with the objective
Policy 1.4.1 The City shall encourage a mixture of quality light industrial,
commercial and office uses within commercial and industrial
districts where such projects would not create significant land use
conflicts and adequate public facilities are available to serve such
uses.
Policy 1.4.2 The City shall continue to modify land development regulations as
needed to make them more effective or less burdensome in
achieving goals and objectives of this Plan, and to seek innovative
regulatory solutions to promote economic development and
sustainability initiatives.
lands shall be eensi ed fer )n to industrial use if
adequate 1VL \.Vlll]V11dLL LiV1Z to prevent pieeemeal ener-eac-lunent in
aE�aeeat neig4-,ber-heads is available pr-evided that adequate
City of Boynton Beach 1-13 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
Measurability: Increase in the number of workforce housing units produced in the City.
Policy 1.13.1 The City shall continue to utilize the Workforce Housing Program
to facilitate the construction of affordable rental and for -sale
housing units
Policy 1.13.2 In order to be granted higher densities possible in the Special High
Density Residential, Mixed Use, and Mixed Use -Core future land
use designations, established percentages of the residential
development must be affordable to Low Income and Moderate
Income households.
Policy 1.13.3 The Workforce Housing Program shall continue to offer developers
alternatives to on -site provision of affordable units, which include:
1. Payment in -lieu contributions;
2. Land donation within the City;
3. Off -site construction of units; and
4. Purchase and donation of existing market rate units to be
donated to the city or sold to eligible households.
Policy 1.13.4 All workforce housing units constructed under the program shall
remain affordable for a period of thirty (30) years through the use of
restrictive covenants.
Policy 1.13.5 The City shall continue to explore innovative development
regulations, the use of prefabricated housing, regulations regarding
non - conforming lots and other policy tools to provide increased
access to affordable housing.
Objective 1.14 The City shall continue to protect native habitat, and preserve
wetlands, .
Measurability: Number of areas or sites protected.
Policy 1.14.1 The City shall continue to enforce regulations requiring the
preservation of 25% of all "A ", "B ", and "C" rated sites of 10 or
more acres and shall require that these standards are placed as
conditions of approval for development orders and permits where
applicable.
Policy 1.14.2 The City shall, through the enfereemeR4 I -------
ir
ntinue to require 4tat-, in the evi kneiviedge of any
City of Boynton Beach 1-20 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
shall stop eenstfuefien in that afea and immediately netify the
Bureau ef Ar-ehaeelegieal Research-, in the Florida Department ef
Stat PE6per protection such r-E's6urces to the sa
1-.,,,.,,a shall be b th ,7„x,,,1,.,-.,,..
a, ua�,uu .jai p rovided ,
Pehey 1.14 Histerie - reseurees identified in "The Ci „c Boy n t on u 1, Hi s t oric-
Sites
File series and shall be pr- etesd-f-re-m development and redevelopme
Cenunission shall adept any revisions to the lists and maps --ef
lidstor4eal properties, wlaieh are shewn in the histerie survey and
Pehey 1.14.5 The
City
preteetion for listed hi resources.
Objective 1.15 The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
Measurability: Number of annexations processed.
Policy1.15.1 The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach
County Annexation Policy.
Policy 1.15.2 The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre - annexation water service agreements from
the City; and
4. Referendum.
Policy 1.15.3 The City shall require that eve property owners requesting leg
annexedation into the City to concurrently apply for land use
amendment and rezoning to the City's adepted land use
classification and zoning district. Reclassification and rezoning of
properties annexed through ci - initiated actions can be postponed
for up to 6 months unless improvements are requested.
City of Boynton Beach 1-21 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
Policy 1.16.6 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.
Objective 1.17 The City shall pursue economic development opportunities to
support a competitive and diversified economy. and a good
quality of life for residents.
Measurability: Number of developments appreve actions taken in accordance with the
objective.
Pehey 1.17.1 The City shall eentinue to attraet a mix ef 1-dgh value ,
1 and residential development that will strengthen
witheut affeefing the City's neighbor-heeds and conununity
eharaeten
Pehey 1.17.2 The - Eity will ee ie paFfieipate in publie and private- e€€erts to
iden4fy and implement metheds to retain and stfengthen the
existing jeb base as weR as to expand empleyment and trai
Policy 1.17.1 The City shall monitor the amount of land available for
industrial / commercial development and, by the end of 2014,
review the Future Land Use and Official Zoning maps for
recommendations pertaining to current location and potential
expansion of industrial and commercial districts
Policy 1.17.2 The City shall preserve industrial land for industrial and job -
generating purposes; will work to ensure these sites are utilized to
their full potential as development and redevelopment occurs; and
will encourage private reinvestment through targeted incentives.
Policy 1.17.3 By the end of 2014, the City shall review the Land Development
Regulations to improve approval processes and to remove
unnecessary hurdles hindering industrial and commercial uses that
create jobs, contribute to the tax base, and accommodate market
trends.
Policy 1.17.4 The City shall restrict the non - industrial use of industrial lands to
uses that are of a type, size and number so as to be complementary
City of Boynton Beach 1-23 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08-01 Ordinance 08 -007
to industrial activities, and that do not deplete the supply of
industrial land, and do not create potential land use conflicts with
industrial activities.
Policy 1.17.5 The City shall continue to apply Economic Development Benefits
review criteria to all rezoning and Future Land Use Map
amendment requests to limit the conversion of industrial and
commercial land to other uses.
Policy 1.17.6 Re- classifications to industrial use of lands adjacent to industrial
districts can proceed only if lot consolidation is deemed adequate
and screening is provided to minimize impacts on adjacent
residential uses.
Policy 1.17.7 The City shall protect industrial lands from encroachment by other
land uses that would reduce the economic viability of industrial
lands.
Policy 1.17.8 By the end of 2014, the City shall create an Economic Development
Plan and adopt it into the new Economic Development Element of
this Comprehensive Plan to promote economic growth and job
creation.
Policy 1.17.9 By the end of 2015, the City shall amend the Land Development
regulations to facilitate implementation of the Economic
Development Element and the underlying Economic Development
Plan.
Policy 1.17.3 10 The City shall continue to coordinate economic development efforts
with the Community Redevelopment Agency, the Boynton Beach
Chamber of Commerce and the Palm Beach Business Development
Board.
Objective 1.18 The City shall encourage transit - supportive land development
patterns to promote multi -modal transportation and increased
mobili .
Measurability: Volume of transit ridership within the City and the Downtown TOD
district, change in density and development intensity within TOD areas.
Policy 1.18.1 The City shall implement the Transit- Oriented Development (TOD)
approach, as described in the 2012 Florida Department of
Transportations TOD Guidebook, to manage future growth within
City of Boynton Beach 1-24 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
a 1 /2 mile radius around the intersection of Ocean Avenue and the
Florida East Coast rail corridor, which is the anticipated location of
the Downtown Boynton Beach Station for the planned commuter
Tri -Rail Coastal Service on the FEC Corridor. This area will be
referred as the Downtown TOD District hereforth. The inner 1 /4 -mile
core of this District shall be designed to accommodate the greatest
density and intensity of development.
Policy 1.18.2 The City shall aim to transform the Downtown TOD District area
into an active, mixed -use, pedestrian- friendly activity zone,
supporting new housing to increase potential ridership,
intensifying land development activity, and adding amenities and
destination uses for future transit riders. The City shall strive to
achieve this goal through facilitating compact, high density and
intensity development of a varied mix of land uses.
a. The City shall maintain both a maximum and minimum
residential density within the 1 /4 mile area around the
future station for all zoning districts with the underlying
Mixed -Use Core or Mixed- Use future land use
classifications.
b. The standard maximum density for properties located
within the Downtown TOD District in all zoning districts
with the underlying Special High Density Residential,
Mixed Use Core or Mixed Use future land use
classifications can be increased by 25 erp cent.
c. The City shall monitor the number of residential units
approved within the Downtown TOD District for
conformance with thresholds established for the TCEA,
and coordinate as appropriate with the Palm Beach
Coup& Emergency Department regarding _provision of
adequate hurricane shelter space to accommodate
population growth.
. The City shall ensure that new development contributes
to the creation of an enhanced pedestrian environment
through well - located public plazas, expanded public
sidewalks, and pedestrian- scaled street and block
structure for maximized internal and external
connectivity.
City of Boynton Beach 1-25 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
Policy 1.18.3 The City shall incorporate the planned Tri -Rail Coastal Service and
the Downtown TOD District into the Future Land Use Map and
revise redevelopment plans as appropriate.
Policy 1.18.4 The City shall monitor changes over time in the density and
intensi of development within the Downtown TOD District
(cumulatively and individually on development parcels), total
numbers of residential units and jobs, and the percentage
composition of land uses, including ratio of jobs -to- housing. This
data shall be collected every five years and distributed to relevant
public agencies involved in regional transportation planning and
service.
Objective 1.19 The city shall continue to identify, document, and preserve
historic and cultural resources.
Measurability: Number of areas or sites added to the Boynton Beach Register of Historic
Places and the Florida Master Site File.
Policy 1.19.1 The City shall continue to maintain and update "The City of
Boynton Beach Historic Sites Survey" and the Florida Master Site
File.
Policy 1.19.2 The City shall continue to maintain and update "The Boynton
Beach Register of Historic Places" and the "National Register of
Historic Places ".
Policy 1.19.3 The City shall continue processing additions to "The Boynton Beach
Register of Historic Places ".
Policy 1.19.4 Historic and cultural resources identified in "The Boynton Beach
Register of Historic Places" shall be incorporated into the Future
Land Use Map series and shall be protected from development and
redevelopment activities through the approved review process.
Policy 1.19.5 The City's land development regulations shall continue to provide
protection for historic and cultural resources.
Policy 1.19.6 The City shall, through the enforcement of pertinent regulations,
continue to require that, in the event of prior knowledge of anX
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
City of Boynton Beach 1-26 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08 -007
Bureau of Archaeological Research in the Florida Department of
State. Proper protection of such resources to the satisfaction of the
bureau shall be provided by the developer.
Policy 1.19.7 The City shall continue to meet the criteria necessary for
participation in the Certified Local Government Program.
Objective 1.20 The City shall continue to pursue funding opportunities and
offer incentives that will contribute to the preservation of historic
and cultural resources.
Measurability: The amount of funding received and number incentives awarded.
Policy 1.20.1 The City shall continue to pursue grant funding for projects that
contribute to the preservation of historic and cultural resources.
Policy 1.20.2 The City shall continue to offer incentives that will contribute to the
preservation of historic and cultural resources.
Objective 1.21 The City shall continue to identify and provide educational
opportunities to encourage a greater understanding and
appreciation of historic and cultural resources.
Measurability: Number of opportunities identified and provided.
Policy 1.21.1 The City shall continue to increase awareness and understanding of
historic and cultural resources for educational and heritage tourism
purposes.
Policy 1.21.2 The City shall continue to work with heritage and educational
organizations to increase awareness and understanding of historic
and cultural resources.
City of Boynton Beach 1-27 Date: August 19, 2008
Comprehensive Plan Future Land Use Element
Amendments 08 -01 Ordinance 08-007
TRANSPORTATION ELEMENT
proposed text amendments
Policy 2.4.17 The City shall strive to adapt its transportation network to
accommodate the anticipated passenger rail service on the FEC
Corridor, with a new station in the City's CRA. To implement
transit- oriented development and provide superior access to the
future downtown station, the Ci , shall plan for:
a. "Complete streets ", accommodating all modes of
transportation (automobile as well as pedestrian,
bicycle, and transit), to be interconnected with
surrounding developments and neighborhoods within
the Downtown TOD District.
b. Short blocks that will allow for an interconnected
roadway network to be created over time, with new
streets, alleys and pedestrian passageways to ensure
that blocks are easily walkable to maximize pedestrian
and bicycle access to the future station from the
Downtown TOD District and beyond.
c. Pedestrian- and bicycle - friendly design standards for
new streets and for retrofitting existing streets to match
their new function.
. A bicycle network with primary routes defined, with
adequate bicycle lanes, shared bicycle / pedestrian
routes and amenities such as parking and storage.
Policy 2.4.18 By the end of 2015, the City shall review parking regulations and
parking management options for the Downtown TOD District. The
use of transit, ridesharing, ding and walking, as well as planned
public parking facilities within the area, may warrant reduced
parking requirements and increased use of shared and alternative
parking arrangements.
Objective 2.5 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.
Measurability:Number of development projects permitted subsequent to
performance review.
City of Boynton Beach 2-8 Date:August 19, 2008
FAR -Based Amendments Transportation Element
Amendments 08 -01 Ordinance No 08 -007.
HOUSING ELEMENT
proposed text amendments
Table of Contents
Objective Page
6.1 Provision of new dwelling units to meet the housing needs .. ............................... 6 -1
6.2 Reduction of substandard housing units .................................... ............................... 6 -1
6.3 Implementation of housing programs to meet the housing needs ........................ 6 -2
6.4 Provision of workforce housing ................................................... ............................... 6 -3
6.5 Sites for mobile homes .................................................................. ............................... 6 -5
6.6 Sites for group homes and foster care facilities ......................... ............................... 6 -6
6.7 Programs which displace households ......................................... ............................... 6 -6
6.8 Preservation of historically and culturally significant housing ............................. 6 -7
6.9 Code enforcement .......................................................................... ............................... 6 -7
6.10 Special needs housing ................................................................... ............................... 6 -8
City of Boynton Beach 6 -i Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08 -01 Ordinance 08 -007
• Rental Rehabilitation;
• Weatherization Funds; and
• Emergency Roof Repairs.
Policy 6.3.3 The City shall continue to pursue the use of CDBG and state
housing monies available for community -based corporations, by
the identification or creation of community -based corporations
which can work with the City on housing efforts. State monies
include:
• Predevelopment Funding for Community -based Corporations;
• Purchase Assistance Loan Programs; and
• Rehabilitative Deferred Loans.
Policy 6.3.4 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.
Policy 6.3.5 The City shall continue to establish and implement procedures to
require that public- assisted housing shall be located in a manner
which avoids an over - concentration of such uses in one particular
area.
Policy 6.3.6 The City shall, by 2010, amend the zoning ordinance to allow
construction on nonconforming lots if the result will be the
provision of well designed and neighborhood compatible housing.
Policy 6.3.7 The City shall establish a priority for very -low- income households
n. 0 E)f the median hou-11-114
ineeFiw}, the elderly, and . , 1 ail challenged persons with
physical or mental disabilities, in providing funding sources for
affordable dwelling units.
Objective 6.4 The City shall continue to encourage the provision of workforce
housing to maintain a diversified and sustainable City having
character and sense of community where people can live and
work in the same area.
Measurability: Number of workforce housing units developed.
Policy 6.4.1 The City shall continue to utilize the Workforce Housing Program
to facilitate the construction of affordable rental and for -sale
housing units city -wide.
City of Boynton Beach 6 -3 Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08-01 Ordinance 08 -007
Attainability shall be assured through deed restrictions on
these properties; or,
• may choose to contribute a fee in -lieu of units. The sum
amount of this fee shall be established by the City Commission
and Board of County Commissioners, and it shall be paid to
the City of Boynton Beach's affordable housing program(s) to
finance land acquisition, homeowner assistance, or other
actions to further the City's affordable housing objectives as
specified in the City of Boynton Beach Comprehensive Plan.
Policy 6.4.7 The City, through the CRA's Direct Incentive Program and its
Affordable Access component, shall continue to implement a
program to make affordable housing available to low -to- moderate
income households (with incomes of 80% to 100% of median
household income in Palm Beach County) in the TCEA. The
affordable units in this program must remain affordable for a
minimum period of 10 years. The City shall continue
implementation of the policies under Objectives 6.1, 6.3 and 6.6 of
the Housing Element of the Comprehensive Plan to provide other
programs benefiting very low, low and moderate income
households. The City will also insure that 5% of new or
rehabilitated housing within the TCEA area is available for
occupancy by these households, with pricing consistent with SHIP
guidelines, and rent levels consistent with affordable effort ratios.
The City will continue the annual monitoring of the affordability of
housing within the TCEA.
Objective 6.5 The City shall allow sites for mobile homes where single - family
detached dwellings are permitted.
Measurability: Maintenance of the land development regulations in accordance with the
objective.
Policy 6.5.1 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.
Objective 6.6 The City shall allow sites for group homes and foster care
facilities in residential land use categories consistent with
. ^. A,®, F.S. applicable state and federal laws.
Measurability: Maintenance of the land development regulations in accordance with the
objective.
City of Boynton Beach 6 -5 Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08 -01 Ordinance 08 -007
Y
Policy 6.6.1 Notwithstanding those facilities subject to the ADA, FHA, or other
similar federal or state laws, statutes or regulations, t T-he City shall
allow group homes with six or fewer residents in all residential
zoning districts provided they are located at least 1,000 feet from
other such facilities. However, all gGroup homes shall be required
to obtain a license with the City in order to facilitate monitoring
and ensure zoning compliance.
Policy 6.6.2 The City shall establish, consistent with state statutes, 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.
Policy 6.6.3 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 6.6.4 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 6.6.5 The City shall continue to allow adult foster homes in designated
zoning districts.
Objective 6.7 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.
Measurability: Incidence of household displacement and evidence of displacement housing
programs utilized.
Policy 6.7.1 The City shall assist any households displaced by City housing
programs to locate alternative housing that is reasonably located,
standard housing at affordable costs, prior to their displacement.
Policy 6.7.2 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.
City of Boynton Beach 6 -6 Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08 -01 Ordinance 08 -007
Objective 6.8 The City shall continue to identify, document, and preserve
idenfified as being historically and culturally significant housing
through the approved processes
Measurability: Continued maintenance of land development regulations encouraging the
identification, documentation, and p reservation of historic resources.
Pehey 6.8.1 e riCresources idenfified i " Qbx of Bo y nto n u e Hi
11 L " The L1. t.1L
Sites Survey" shall b i I ted into the Future Land Use NUp
series and / / be pr-eteeted from developme
Pehey 6.8. 2 The City shall een-tinue —to Belie t ingut —f-Fe eea4 I-Aster�
preservatien groups in updating gie lists and maps of his
Commission shall adep Fevisient f
File
\-v11LWit.1Lt.1LV1Y\. 1141 / fer r-eeer-dkag with the Perida Master Site
1 ila 1
Peliey 6.8.3 The City's land development regulatiens shall eenfinue to provide
Policy 6.8.1 The City shall continue to maintain and update "The City of
Boynton Beach Historic Sites Survey" and the Florida Master Site
File.
Policy 6.8.2 The City shall continue to maintain and update "The Boynton
Beach Register of Historic Places" and the "National Register of
Historic Places ".
Policy 6.8.3 The City shall continue processing additions to "The Boynton
Beach Register of Historic Places ".
Policy 6.8.4 Historic and cultural resources identified in "The Boynton Beach
Register of Historic Places" shall be incorporated into the Future
Land Use Map series and shall be protected from development and
redevelopment activities through the approved review process.
Policy 6.8.5 The City's land development regulations shall continue to provide
protection for historic and cultural resources.
Objective 6.9 The City, through Code enforcement efforts, will continue to
improve the quality of neighborhoods by conserving the existing
housing stock.
City of Boynton Beach 6 -7 Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08 -01 Ordinance 08 -007
Policy 6.10.2 The City shall, through local funding and technical assistance,
continue to support the social service assistance programs provided
to elderly and handicapped persons. --
Policy 6.10.3 The City shall work to establish a public/ private partnership which
can build units for elderly and handicapped persons,
Policy 6.10.4 The City will continue to revise the land development regulations
in order to continue public improvement programs aimed at the
removal of physical barriers which restrict accessibility by
handicapped persons.
Policy 6.10.5 The City shall discourage hospitals, congregate living facilities for
persons with special needs, nursing homes, and the like from
locating within Coastal High- Hazard Area and shall encourage
such existing facilities to relocate to safer locations within the City.
Objective 6.11 The City shall continue to monitor the impacts of amendments to
the Land Development Regulations on affordable housing.
Measurability: Number of unintended negative impact prevented or mitigated
Policy 6.11.1 The City shall review all proposed amendments to Land
Development Regulations for a potential negative impact on the
affordable housing cost prior to adoption.
City of Boynton Beach 6 -9 Date: August 19, 2008
Comprehensive Plan Housing Element
Amendments 08 -01 Ordinance 08 -007
COASTAL MANAGEMENT ELEMENT
proposed text amendments
Table of Contents
Objective Page
7.1 Development of vacant waterfront residential properties ...... ............................... 7 -1
7.2 Florida Total Maximum Daily Load Program for the Lake Worth Lagoon......... 7 -1
7.3 Reduction of levels of wastewater pollutants flowing into oceanic waters ......... 7 -2
7.4 Protection and restoration of the coastal dune system and beaches ..................... 7 -3
7.5 Limitation on public expenditures in the coastal high hazard area ...................... 7 -3
7.6 Local implementation of the County Emergency Preparedness Plan ................... 7 -4
7.7 Maintenance or reduction of hurricane evacuation times ....... ............................... 7 -4
7.8 Increases to Coastal High- Hazard Area population densities ............................... 7 -5
7.9 Phasing of urban services consistent with the Level of Service Standards .......... 7 -6
7.10 Protection and conservation of habitats ..................................... ............................... 7 -6
7.11 Increasing water dependent and water related uses ................ ............................... 7 -7
7.12 Preteetien-, preser-vation and reuse -ef Pdsterie properties ........ ............................... 78
7.13 Post - Disaster Redevelopment Plan ............................................. ............................... 7 -9
7.14 Minimizing at -risk population concentrations ........................ ............................... 7 -10
City of Boynton Beach 7 -i Date: August 19, 2008
Comprehensive Plan Coastal Management Element
Amendments 08 -01 Ordinance: 08 -007
Policy 7.11.8 The City shall only allow for location of marinas, boat ramps and
other water- dependent uses in a manner which protects seagrass
and manatees. Upon the siting of such water - dependent uses, the
City shall continue to implement adequate provisions to protect
seagrass and manatees such as, but not limited to, minimizing
dredging, marking navigation channels, supporting boat speed
restrictions, speed zone enforcement, information and restrictive
signage, and construction standards so as to not entrap manatees or
damage seagrass. To further this goal, new marinas shall only be
permitted within the areas identified as a "Preferred" siting
category in accordance with the Palm Beach County Manatee
Protection Plan.
Objectiv p rov id e f al.
sensitive reuse of historic properties in the Coastal Management
area.
pmsema of histo
leas#orie Sites - Sufvey" whiE are eligible -der lees or NA�al
Register listing shall be ineer-per-ated h4e the Future Land Use Map
series and shall be preteeted frem development and redevelopment
a ctivities.
s
Pokey 742.2 The City shall eentinue to seheit input ferm leeal historic-
presefvatien groups in updating the lists and maps of histefie
properties eentained in the eempleted histerieal survey. The City
Commission shall adept aRy r the lists and maps ef
Mster properties which are shown ki ffie histerie survey and
the Comprehensive Plan €er reeer- with the Fier-ida Mas
1
Pehey 7.12.3 The City's land development regulations shall eentkque to pfevide
Objective 7.13 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.
Measurability: Adoption of a Post - Disaster Redevelopment Plan.
City of Boynton Beach 7 -9 Date: December 1, 2009
Comprehensive Plan Coastal Management Element
Amendments: Recreational Water Service Use Ordinance: 09 -042
INTERGOVERNMENTAL COORDINATION ELEMENT
proposed text amendments
Table of Contents
Objective Page
8.1 Review of Comprehensive Plans of adjacent governmental entities .................... 8 -1
8.2 Utilization of (IPARC) for unique issues ................................... ............................... 8 -1
8.3 Utilization of the Multi- Jurisdictional Issues Coordination Forum ...................... 8 -2
8.4 Annexation coordination .............................................................. ............................... 8 -3
8.5 Joint planning areas ....................................................................... ............................... 8 -3
8.6 Coordinated transportation pl annin g ......................................... ............................... 8-4
8.7 Interlocal agreement for the South Central Regional Wastewater Treatment and
DisposalFacilities ........................................................................... ............................... 8 -4
8.8 Coordination of stormwater planning and management issues ........................... 8 -5
8.9 Coordinated development of the "10 -Year Water Supply Facilities Work Plan".... 8 -5
8.10 Coordinated protection of aquifer recharge areas .................... ............................... 8 -6
8.11 Interlocal agreements for water and sewer services ................. ............................... 8 -6
8.12 Coordination with the Solid Waste Authority ........................... ............................... 8 -7
8.13 Development and maintenance of natural environment ......... ............................... 8 -7
8.14 Coordination to maximize recreational opportunities ............. ............................... 8 -8
8.15 Coordinated implementation of housing programs ................. ............................... 8 -8
8.16 Coordination of waterfront residential development .............. ............................... 8 -8
8.17 Coordination on public school facilities ..................................... ............................... 8 -9
8.18 Coordination on preservation of historic and cultural resources .......................... 8 -9
City of Boynton Beach 8 -i Date: August 19, 2008
Comprehensive Plan Intergovernmental Coordination Element
Amendments 08 -01 Ordinance No.08 -007
Policy 8.5.2 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.
Transportation Element
Objective 8.6 The City shall continue to coordinate transportation planning
with the Palm Beach Metropolitan Planning Organization, Palm
Beach County, South Florida Regional Transportation Authority,
and the Florida Department of Transportation.
Measurability: Monitoring of attendance at meetings of the agencies.
Policy 8.6.1 The City shall continue to participate in the Palm Beach County
MPO's long range planning process and utilize the resulting plans
to update the City's Transportation Element as appropriate.
Policy 8.6.2 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.
Policy 8.6.3 The City shall continue to participate in the Palm Beach County
Technical Advisory Committee.
Policy 8.6.4 The City shall continue to maintain active and positive
relationships with the Florida Department of Transportation, Palm
Beach County, adjacent municipalities, and relevant public and
private entities in order to support and engage in cooperative
funding for transportation improvements.
Policy 8.6.5 The City shall continue to coordinate with Palm Tran in providing
efficient public transit services.
Policy 8.6.6 The City shall continue to coordinate with the South Florida
Regional Transportation Authority, Palm Beach Metropolitan
Planning Organization, Florida Department of Transportation,
City of Boynton Beach 8 -4 Date: August 19, 2008
Water Supply Facilities Plan Amendments Intergovernmental Coordination Element
Amendments 08 -01 Ordinance No.08 -007
Treasure Coast Regional Planning Council, and other
transportation stakeholder agencies to help establish passenger rail
service on the FEC Rail Corridor, with a new passenger rail station
in the Cites CRA.
Utilities Element
Objective 8.7 Under the auspices of the interlocal agreement, the City of
Boynton Beach will continue the provide adequate treatment and
disposal of wastewater through the facilities at the South Central
Regional Wastewater Treatment and Disposal Facilities.
Measurability: Continuing participation in the interlocal agreement.
Policy 8.7.1 The City will continue to coordinate with the South Central
Regional Wastewater Treatment and Disposal Board for
wastewater treatment, disposal and reuse water services.
Objective 8.8 The City will continue to coordinate with the Lake Worth
Drainage District, the South Florida Water Management District,
Palm Beach County, and any other agencies, as may be
appropriate, on stormwater planning and management issues.
Measurability: Ongoing coordination with the entities and agencies.
Policy 8.8.1 The City shall coordinate with the Florida Department of
Environmental Protection, the South Florida Water Management
District, Paint Beach County Department of Environmental
Resources Management, and other affected parties in meeting the
requirements of the Florida Total maximum Daily Load Program
for the Lake Worth Lagoon.
Policy 8.8.2 The City shall continue to coordinate with the Northern Palm
Beach County Improvement District on meeting the requirements
of the NPDES permit.
Policy 8.8.3 The City shall continue coordination with the South Florida Water
Management District and the Lake Worth Drainage District in
meeting water quality criteria for drainage discharge.
City of Boynton Beach 8 -5 Date: August 19, 2008
Water Supply Facilities Plan Amendments Intergovernmental Coordination Element
Amendments 08 -01 Ordinance No.08 -007
Policy 8.17.1 The City Of Boynton Beach shall coordinate with the School District
in order to:
• Verify available school capacity by the School District prior
to issuing any site-specific development order for new
residential units;
• Coordinate planning with the School District regarding
population projections, school siting, projections of
development and redevelopment for the coming year,
infrastructure required to support school facilities and
amendments to the future land use plan element; and,
• Provide a biannual report to the School District on April 1
and October 1 each year, containing information regarding
Certificates of Occupancy issued for new residential units.
Policy 8.17.2 The City shall continue to maintain the established process of
coordination and collaboration with the County and the School
District in the planning and siting of public school facilities in
coordination with planned infrastructure and public facilities.
Policy 8.17.3 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.
Objective 8.18 The City shall continue to coordinate with those agencies,
departments, and entities that assist in the preservation of historic
and cultural resources.
Measurability: Number of interlocal agreements maintained and created.
Policy 8.18.1 The City shall continue to meet the requirements of the Certified
Local Government program as detailed in the Certified Local
Government Agreement with the State of Florida, Department of
State, Division of Historical Resources.
Policy 8.18.2 The City shall continue to meet the requirements of the Historic
Tax Exemption Program as detailed in the interlocal agreement
with the Board of County Commissioners of Palm Beach County.
City of Boynton Beach 8-10 Date: August 19, 2008
Comprehensive Plan Intergovernmental Coordination Element
Amendments 08-01 Ordinance No.08-007
Policy 8.18.3 The City shall continue to establish and maintain links with
national, state, and local preservation and educational
organizations.
City of Boynton Beach 8 -11 Date: August 19, 2008
Comprehensive Plan Intergovernmental Coordination Element
Amendments 08 -01 Ordinance No.08 -007
PUBLIC SCHOOL FACILITIES ELEMENT
proposed text amendments
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 afe fifty years of age or ekler-, shall demonstrate that
there are no adverse impacts on archaeological sites or sites listed
in on the National Register of Historic Places or the Boynton Beach
Register of Historic Places. a henvise designated in aeeefdanee
with appropriate State guidelines as leeally signifieant historic ef-
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 development order, if the needed capacity for the
particular CSA is available in one or more contiguous CSAs.
Objective 10A.3 Six -Year Capital Improvement Schedule
To ensure existing deficiencies and future needs are addressed
consistent with the adopted level of service standard.
Policy 10A.3.1 The City Of Boynton Beach, in coordination with the School District
and other local governments, shall annually amen T able 17 of th e
City of Boynton Beach 10 -5 Date:December 18, 2001
Comprehensive Plan Public School Facilities Element
Amendments 01 -SC1 Ordinance No. 01 -61