Loading...
09-042 " I I ORDINANCE NO. 09- 04 J.. 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE 5 TEXT AMENDMENTS TO THE COMPREHENSIVE 6 PLAN PERTAINING TO THE RECREATIONAL WATER 7 SURFACE POLICIES; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 9 DATE. 10 II WHEREAS, the proposed text amendments would add marine-oriented and water ~ 12 dependent uses to uses allowed in the Special High Density Residential Land Use category in 13 conjunction with the County Manatee Protection Plan and establish siting and other guidelines 14 applicable to marinas, boat ramps and other water-dependent uses; and 15 WHEREAS, the amendments would also uphold the City's commitment to preserve its 16 two existing recreational and commercial working waterfronts and bring the City into 17 compliance with requirements of Florida Statutes; and 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 21 herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23 adopts the Text Amendments to the Comprehensive Plan pertaining to the recreational water 24 surface policies, a copy of which is attached hereto as Exhibit "A". 25 Section 3. All laws and ordinances in conflict with any provisions of this ordinance 26 are hereby repealed. 27 Section 4. Should any section or provision of this Ordinance or any portion thereof S:\(~A\Ordinances\Comp Plan Amendment (Recreational Surface Water PolicieSl.doc -1- Ir I 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 5. Authority is hereby given to codify this Ordinance. 4 Section 6. This Ordinance shall become effective immediately upon passage. 5 FIRST READING this ~ day of SeCJTEMSEI. 2009. I ST "D 6 SECOND, FINAL READING AND PASSAGE this l day of ~ 2009. 7 CITY OF BOYNTON BEACH, FLORIDA 8 lo't:fo/~ 9 10 II M~or:-Je ayl ---'"' I _ . 12 ~-n'"". =< 13 or~ Woodrowrtra 14 15 16 17 18 19 20 ,../../ 2\ - 22 23 ATTEST: 24 Yn p^-~ 25 26 27 28 S:\CA\Ordinam:cSlComp Plan Amendment (Recreational Surface Water Policies}.doc - 2- DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 09-056 TO: Chair and Members Planning and Development Board FROM: Hanna Matra~~ Senior Planner r THROUGH: Michael W. Rump Director of Planning and Zoning DATE: August 11, 2009 PROJECT NAME/NUMBER: Comprehensive Plan Text Amendments Recreational Surface Water Use Policies CPTA 09-001 REQUEST: Request to amend Policy 1.3.1 of the Future Land Use Element; Request to add policies to the Coastal Management Element; Request to add a policy to the Intergovernmental Coordination Element. INTRODUCTION Staff is proposing a set of text amendments to the City of Boynton Beach Comprehensive Plan. The proposed amendments pertain to recreational surface water uses and specifically support economic development and natural resource preservation. The amendments would affect the Future Land Use, Coastal Management and Intergovernmental Coordination elements. Specifically, staff proposes: (1) amendment to Policy 1.3.1 of the Future Land Use Element to add marine-oriented and water-dependent uses to uses allowed in the Special High Density Residential Use category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP); (2) addition of four policies to the Coastal Management Element adopting the MPP by reference, establishing siting and other guidelines applicable to marinas, boat ramps and other water-dependent uses, and committing the City to preservation of its two existing working waterfronts; and (3) addition of a policy to the Intergovernmental Coordination Element to support the implementation of the MPP. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, and are therefore "large scale amendments" by Chapter 163, F. S.. Large scale amendments are restricted to the twice-yearly amendment cycles and are transmitted to the Florida Department of Community Affairs for review and comment prior to final adoption by the City Commission. Page 2 File Number CPTA 09-001 Recreational Surface Water Uses However, as per provisions of Chapter 163.3177(6)(g), amendments that include addition of recreational surface water policies to the coastal management element of the Comprehensive Plan are exempt from the twice per year limit. A preliminary review by DCA has confirmed that the proposed amendments meet this criterion. Therefore, if approved for transmittal to DCA, they will be submitted outside of the twice-a-year cycle. The amendment process will otherwise conform to all state law provisions regarding large scale amendments. Adoption of the proposed amendments is tentatively scheduled for late November or early December of this year. PROPOSED TEXT Proposed changes are shown in underlined text. FUTURE LAND USE ELEMENT Policy 1.3.1 (a) Addition of text following the list of uses allowed in the residential land use category. In addition to other allowed non-residential uses. the City may allow marine- oriented and water-deDendent uses in the SDecial Hiah Densitv Residential cateaorv in coni unction with the Palm Beach County Manatee Protection Plan (the MPP1. A site for a DroDOsed facilitv must be desianated as "Dreferred" by the Boat Facilitv Sitina Plan contained in the MPP and must be consistent with all aDDlicable Plan recommendations and Dolicies for boat facilities. COASTAL MANAGEMENT ELEMENT Addition of a policy to Objective 7.10, which reads: "The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats'~ Policy 7.10.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adoDted by reference and shall SUDDOrt the County's efforts to Drotect manatees and their habitats. Addition of policies to Objective 7.11, which reads: "The City shall continue to search for opportunities to increase the amount of water-dependent and water-related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water- dependent uses'~ PoliCY 7.11.6 The City and the Boynton Beach Community RedeyeloDment Aaency shall continue to seek fundina for. and to imDlement imDroyements to Dreserve the City's two existina Dublic waterfronts: Boynton Harbor Marina and the Boat Club Park. The imDroyements are intended to maximize Dublic access to waterways for boatina and fishina and imDroye amenities. Page 3 File Number CPTA 09-001 Recreational Surface Water Uses Policy 7.11.7 The City shall ensure that any new marina or marina eXDansion minimizes imDacts on coastal and marine resources by coordinatina reyiew of marina deyelODment with inDut from all aDDroDriate federal. state. reaional. and county aaencies. The City shall establish land deyeloDment reaulations reaardina marina sitina consistent with the Palm Beach County Manatee Protection Plan. Policy 7.11.8 The City shall only allow for location of marinas. boat ramDS and other water-deoendent uses in a manner which Drotects seaarass and manatees. Uoon the sitina of such water-deDendent uses. the City shall continue to imDlement adeauate Droyisions to Drotect seaarass and manatees such as. but not limited to. minimizina dredaina. markina nayiaation channels. sUDoortina boat soeed restrictions. soeed zone enforcement. information and restrictiye sianaae. and construction standards so as to not entraD manatees or damaae seaarass. To further this aoal. new marinas shall only be oermitted within the areas identified as a "Preferred" sitina cateaorv in accordance with the Palm Beach County Manatee Protection Plan. INTERGOVERNMENTAL COORDINATION ELEMENT Addition of a policy to Objective 8.13, which reads: "The City shall maintain avenues of coordination with those agencies, departments and entities that assist in the development and maintenance of a high quality natural environment based on the preservation, improvement, and wise management of local existing natural resources. Policy 8.13.6 The City shall SUDDOrt the imDlementation of the Palm Beach County Manatee Protection Plan. and coordinate with the County on all issues reaardina comDliance with the MPP's Boat Facility Sitina Plan. ANALYSIS Backaround The proposed amendments are consistent with the 2006 provisions of Chapter 163.3177(6)(g), Florida Statutes, that encourage local governments to include in the coastal management element recreational surface water policies that incorporate applicable criteria for, and consider such factors as natural resources, manatee protection needs, protection of working waterfronts and public access to the water, and recreation and economic demands. The amendments are also consistent with the 2005 provisions to Chapter 163.3177(6)(a), which require that the coastal management element include the strategies that will be used to preserve recreational and commercial waterfronts. In all coastal communities, public water access can provide recreation to residents, promote tourism, and support business and jobs. The above quoted amendments to Florida Statutes reflect the recognition by the state leadership of the significant economic benefit the marine Page 4 File Number CPTA 09-001 Recreational Surface Water Uses industry can represent to these communities. The Marine Industries Association of Palm Beach estimated that in 2005, the marine industry in Palm Beach County generated over 18 thousand jobs and had an annual economic impact of nearly $2 billion. Preservation of Existina Workina Waterfronts The City currently has two "recreational and commercial working waterfronts" as defined by s.342.07(2), Florida Statutes. These are the Boat Club Park with a boat ramp and the Boynton Harbor Marina, formerly known as the Two Georges Marina. The Community Redevelopment Agency purchased the marina in 2006. Basic renovations were completed in 2007; phase two improvements will make the marina more user and pedestrian-friendly. To support the restoration efforts, the CRA received $2 million in Palm Beach County bond money earmarked to help preserve public waterfronts. The Boat Club Park improvements are planned for the fall of 2009. Proposed policy 7.11.6, which upholds the City's commitment to preserve and improve both facilities, meets the requirement of Chapter 163.3177(6)(a) pertaining to preservation of recreational and commercial waterfronts. New Water-Deoendent Uses In addition, the amendments address potential development of new marinas, boat ramps and other water-dependent uses. The main requirement underlying the proposed new policies pertains to siting of new facilities. Siting would have to comply with the Boat Facility Siting Plan (BFSP), incorporated into the Palm Beach County Manatee Protection Plan (MPP). The MPP was approved by the Palm Beach County Board of County Commissioners on August 21, 2007. The goal of a boat facility siting element of an MPP is to reduce the potential for manatee/watercraft interaction and impacts to important manatee habitat. The BFSP does not prohibit development of marinas or boat ramps, but allows new facility siting and/or expansion of existing facilities in a manner consistent with the protection of manatees and their habitat. Depending on the relative risk of manatee/boat interactions, the BFSP assigns five major categories to coastal waterways of Palm Beach County: (1) Unrestricted; (2) Preferred; (3) Conditional; (4) Non-Preferred; and (5) Exclusionary. The BFSP maps (figures 44a-e) show the pattern of the above categories along the coastal areas in the Palm Beach County. Most of the Boynton Beach coastal zone has been assigned to a "Conditional" category. The only exception is the City's small northern-most coastal area, which is labeled as "Preferred" (see Exhibit A). This area extends from the northern boundary of the city to the southern boundary of the Boat Club Park, for about 0.6 miles. As per the BFSP, "Preferred" locations are appropriate for the development of all types of boating facilities, but specific recommendations regarding the density of the boat slips and trailer parking spaces at boat ramps apply. There are also standards that apply to all multi-slip facilities regardless of category. The proposed policies would limit siting of any new marinas, boat ramps and other similar water- dependent uses to the City's coastal area designated as "Preferred". Currently, the subject area exhibits a mix of land use designations, with roughly 65% of land in residential categories (Low, High and Special High Density), 30% in Recreational category (the Boat Club Park and Intracoastal Park) and 5% in the Local Retail Commercial Category. At present, only the Local Retail Commercial category allows commercial marinas and boat storage; Recreational category Page 5 File Number CPTA 09-001 Recreational Surface Water Uses allows for water-dependent uses as part of the "park and recreational facilities" category, both public and private. The proposed amendment to Policy 1.3.1 would also allow the marine- oriented and water-dependent uses in the Special High Density Residential land use category. Staff will also draft corresponding land development regulations for concurrent processing with the ultimate adoption stage of the subject text amendments. The Code amendments would include applicable development standards, and provisions to address and mitigate any potential negative visual and non-visual impacts, such as noise and traffic, on the surrounding residential areas. RECOMMENDATION The proposed text amendments meet the requirements and the recommendations of Chapter 163.3177 and 163.3178, Florida Statutes, and will support marine-oriented and water-dependent uses relative to natural resources, manatee protection needs, and recreation and economic demands. 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 Florida Department of Community Affairs for their review and comment. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 09-001 MARINAS\STAFF REPORT CPTA 09-QQ1.doc EXHIBIT A "Preferred" Boat Siting Designation in Boynton Beach Palm Beach County Manatee Protection Plan \ ,i ~.~~:\ ~~~, I -- f~' -- - :::. \~~-;:: .. -I":: 1'_'--- ......- ~"'-,-_._--- -_.~-~ -- :1:--- - -. ..................-.... ~C~----- ..---------- ,-._- ..-. .-------,---'. -'--'-', ,,-"-- I -~....~._.._.,---_._- _.) ;_._._i " '" ._-1 ~..-.- --' .---.-\ n._' ___mMlCK.RD ; ~__ -'-' '. -, ._, -.-'. 'lU ."...-'- _.~----,,_._~-_..- i -,.. ',0 .-U -- --, :z .---1 '-- ;ii ::-l'oTIE,uULJ : ---% -_.- '01 10 --I I ., " ~1Ii.--' '---'j; -,.-2 ~-_. ...~ -- --- - -~-,.- -~ - - , - , -.' \ -- '.~i___ . , ~-, ---,-', ' - --' _GAl --. .- iJImrCl": . ' --- --- "-:'-_.1 . .. /~;,f~,=-i~~7=~i8 ,-J~I , i' -i ____.i .. ~ - ---- ~'~-"~--'; ._ ..__.' "';,~i~.:;,"::.._-;~'.-J',)',~ , ;_.'; ::;,:cC?ccc, ~, . : ~;~QC:~, , .. _.._--!~ : , lei -- -iG'sr~ " ,'F~ ---!!IE 20TH AVE : 'EST --;--_.~.,>, ------ Ii: iD__ OAKUi '0(' .. ~. :I: b-ST- . -,.., , ; i {:lEi, _u._. ., """'-"'.if .-.-. ~ liST- LAKE ST II; -..- \ -......--.------.. '._- -", -..--.-- . ';-----.--.---.', - -"i6DlAllE________ __ .--~.- ~.._-_. ~----- ~._._.....- ~------U ,,---- .._~ .--"-- ---- .-- -- -----5EAVJEW-CIR_ ----t -=.~~ :::::::::~=-= L......~5D:I PI-'::-- , .HE 1l!1[HAYE J- -- .---..--- __ J - ..-- ~-- -,....- ~, " 125250 "'" "" '-000 ,..