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26 are hereby repealed.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
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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
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23 ATTEST:
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S:\CA\Ordinam:cSlComp Plan Amendment (Recreational Surface Water Policies}.doc
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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.
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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.
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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
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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
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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
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