Ordinance 05-2013 Comprehensive PlanORDINANCE NO. 5-2013
An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County,
Florida, Amending The Text Of The Future Land Use Element Of The Town Of Palm
Beach Comprehensive Plan, By Amending The Future Land Use Element Data & Analysis
And Policies 2.3 And 11.1 To Provide For The Creation Of A PUD -5 Within An Area Of
Property Designated Commercial On The Future Land Use Map, Which Is Bounded By
Bradley Place, Sunset Avenue, North County Road, And Royal Poinciana Way; Further
Amending Policy 2.3.3 To Provide For The Creation of Commercial/Mixed -Use PUD's, The
Creation Of The PUD -5, Detailing An Increase In The Maximum Allowable Density, And
Creating Maximum Lot Coverages For First, Second and Third Stories In The PUD -5 Area;
Further Creating Policy 11.1.5 That Details Mixed -Use PUD Development Requirements
Within Commercial Land Use Categories Provided Certain Threshold Criteria Are Met,
And Providing For Said Certain Threshold Criteria; Providing For Severability; Repealing
All Ordinances Or Parts Of Ordinances In Conflict Hereof; Providing For Codification;
And Providing For An Effective Date.
WHEREAS, the Town proposes to amend its Comprehensive Plan in accordance with the
requirements of the 1993 Local Government Comprehensive Planning and Land Development Regulation
Act; and
WHEREAS, the Town created the Town of Palm Beach Comprehensive Plan with the adoption
of Ordinance No. 11 -89, and last amended the Comprehensive Plan on July 13, 2011 with the adoption of
Ordinance No. 1 -11 and Ordinance No. 3 -11; and
WHEREAS, the Town is amending the Data & Analysis and Goals, Objectives and Policies
(GOPs) portions of the Future Land Use Element of the Town's Comprehensive Plan, specifically Policies
2.3 and 11.1 as they relate to densities and intensities of mixed -use development within commercial land
use areas, provided certain criteria are met, and providing said certain criteria; and
WHEREAS, after reviewing the proposed amendments to the Town's Comprehensive
Plan at their May 21, 2013 meeting, the Planning and Zoning Commission, acting as the Local
Planning Agency (LPA), recommended approval of said amendments, and transmittal to the
Florida Department of Economic Opportunity (DEO); and
WHEREAS, after considering and reviewing the proposed amendments to the Town's
Comprehensive Plan, the Town Council determined that the aforementioned changes should be made.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA THAT THE TOWN'S
COMPREHENSIVE PLAN IS HEREBY AMENDED IN THE DATA AND ANALYSIS, AND
THE GOALS, OBJECTIVES, AND POLICIES SECTIONS, as follows:
Ordinance No. 5 -2013 Page 1 of 6
Section 1. AMENDMENT OF COMPREHENSIVE PLAN
The Data & Analysis found on pages I -21 and the GOPs, Policy 2.3, and Policy 11.1 in the Future
Land Use Element in the Town of Palm Beach Comprehensive Plan are hereby amended as follows:
Approved & Future New PUDs
This category represents Planned Unit Developments that have been approved by the Town Council.
The Plan designates approximately 168 acres of land for this use. Only the Breaker's PUD contains
remaining development potential. If built to maximum density, this PUD could hold another 251
multi - family units and some commercial development.
Densities in new PUD's shall be limited to the maximum density allowable in the land use category,
zoning district, and/or applicable PUD regulations in which such new PUDs are located prior to
approval of a new PUD application, but shall not exceed thirteen units per acre.
Nonconforming buildings or structures unintentionally damaged or destroyed, such as by fire or
other casualty, act of terrorism, war or act of God or nature may exceed what is permitted in this
land use category and the land development regulations if rebuilt at the same density and/or intensity,
on the same footprint and to the same size and configuration as those nonconforming buildings or
structures being replaced. Actual construction to replace, restore or reconstruct the nonconforming
building or structure shall commence within the time frame outlined in the land development
regulations.
POLICY 2.3
Development orders shall be issued by the Town only for new non - residential development or
redevelopment that is consistent with the Future Land Use Map and descriptions and intensities
of land use as set forth in the following policies.
2.3.1 The following definitions shall pertain to the application of the non - residential land use
designations and associated policies:
a. "Town- serving" shall mean establishments principally oriented to serving the
needs of Town persons and not substantially relying on the patronage of persons
not defined as Town persons. Commercial establishments (other than those uses
in the "Commercial — Office, Professional & Institutional" (C -OPI) zoning district,
which are not required to meet town - serving requirements) of 2,000 square feet or
less of gross leasable area in the "Commercial — Planned Center" (C-PQ zoning
district, 3,000 square -feet or less of gross leasable area in the C -TS and C -B
zoning districts, and 4,000 square -feet or less of gross leasable area in the C -WA
zoning district are assumed to meet the intent of the first part of this definition.
b. "Town persons" shall mean all full -time and seasonal residents of the Town as
well as visitors staying at accommodations in, or employees working in
establishments located within, the Town.
Ordinance No. 5 -2013 Page 2 of 6
2.3.2 Conservation — Intended to preserve and protect unique natural areas from development
and the negative impacts of public use. No urban development is permitted.
2.3.3 Commercial — Intended to create, preserve, and enhance areas of attractive, small - scale,
retail, personal and professionalibusiness services, and mixed commercial/ residential use,
developed either as a unit or in individual parcels, providing primarily for the frequently
recurring needs of Town persons with limited provision for more intensive commercial
uses that are proven to be compatible with the Future Land Use Plan and the character of
the Town.
a. Appropriate uses include a wide range of commercial retail, service, professional
and business uses for residents and visitors; PUD -5, Historic Preservation Mixed
Use Development as set forth in Policy 11.1.5; hotels /motels up to 26 rooms per
gross Palm Beach acre (40,000 square feet); timesharing uses up to 9 units per
gross Palm Beach acre (40,000 square feet); offices; public uses and facilities;
public and private schools; private group uses; and residential uses located above
the ground floor.
b. Except for uses located in the Worth Avenue zoning district (C -WA) & PUD -5,
Historic Preservation Mixed Use Development (bounded between Bradley Place,
North County Road, Royal Poinciana Way and Sunset Avenue), one residential
unit may be located above the ground floor, or up to a maximum density of six
dwelling units per gross Palm Beach acre, whichever is greater. In the Worth
Avenue zoning district the maximum allowable density shall be 10 dwelling units
per gross Palm Beach acre provided the Worth Avenue Design Guidelines are met.
In PUD -5, Historic Preservation Mixed Use Development, the maximum
allowable density shall be 10 dwelling units per gross Palm Beach acre, but can
be increased to 13 dwelling units per gross Palm Beach acre if certain conditions
are met.
Maximum lot coverage for non - residential uses shall be 75 %, except for PUD -5,
Historic Preservation Mixed Use Development, which will allow for a maximum
lot coverage of 70% for the first and second stories of a building, and 35% for the
third story (if permitted).
d. In limited circumstances, the maximum building height shall be three stories.
2.3.4 Public — Intended to recognize existing locations of, and provide sites for, public uses,
structures and facilities.
a. Appropriate uses include public schools, low intensity public buildings and
facilities such as fire and police stations, Town Hall, etc, of a scale and intensity
necessary to primarily serve the needs of Town persons. Only public uses owned,
operated, franchised, or supervised by a governmental agency are given this
designation.
Ordinance No. 5 -2013 Page 3 of 6
b. The designation of a property for Public use on the Future Land Use Plan Map
recognizes the current use of the property; and, further, that such properties may
also be appropriate for residential or commercial development with uses identified
under the Single - Family Residential and Commercial land use categories.
C. Maximum lot coverage shall be 40 %.
d. In limited circumstances, the maximum building height shall be three stories.
2.3.5 Public Recreation — Intended to provide for low intensity public recreational uses or
activities, natural resource and scenic resources of a scale and intensity necessary to
primarily serve the needs of Town persons. Only public facilities owned, operated,
franchised, or supervised by a public governmental entity are given this designation.
2.3.6 Private Group Use — Intended to provide for low intensity uses such as private clubs, golf
and country clubs, public and private schools, houses of worship, museums, and non-
commercial recreation -type or cultural uses at a scale and intensity intended to primarily
serve the needs of Town persons.
a. The designation of a property for Private Group Use on the Future Land Use Plan
Map recognizes the current use of the property; and, further, that such properties
may also be appropriate for residential or commercial development with uses
identified under the Single - Family Residential, Multi - family Moderate Density,
and Commercial land use categories.
b. Maximum lot coverage shall be 40 %.
C. In limited circumstances, the maximum building height shall be three stories.
2.3.7 Approved PUD - Intended to recognize existing or previously approved PUD's and
provide for new PUD's within the density limits of the land use category in which they
are located prior to approval of the PUD. PUD densities shall not exceed 13 dwelling
units per gross Palm Beach acre.
POLICY 11.1
The following types of Planned Unit Developments shall be allowed in the Town:
11.1.1 Single - family PUD's located within the Single Family Residential Land Use Category
not exceeding four dwelling units per gross Palm Beach acre.
11.1.2 Mixed residential development located within the Multi - Family Moderate or Multi -
Family High Density Land Use Categories, not exceeding the maximum density
allowable within the Land Use Category.
Ordinance No. 5 -2013 Page 4 of 6
11.1.3 Mixed -use development within the Multi - Family Moderate Density or Multi - Family
High Density Land Use Categories, allowing for a mix of residential uses not exceeding
the maximum allowable density within the Land Use Category and nonresidential
development not exceeding 20% of the gross floor area of the PUD.
The following equivalencies shall be used in determining the intensity of the
nonresidential components:
Land Use Type
Unit of
Measurement
Equivalence to One Dwelling
Unit of Gross Density
Hotels, motels or similar
transient facilities
Number of
bedrooms
Two bedrooms
Principal Commercial Uses
Total floor area
750 square feet
Accessory Commercial
Uses
Total floor area
1,500 square feet
Other Nonresidential Uses
Total floor area 1
1,000 square feet
11.1.4 In order to encourage preservation of historic residential structures, such single - family
structures may be permitted to be converted through a historic preservation PUD to
contain multiple residential units, within the confines of the existing structure, provided
the density does not exceed four dwelling units per gross Palm Beach acre.
11. 1.5 PUD -5, Historic Preservation Mixed Use Development, allowing for:
• 70% lot coverage for the first and second stories.
• 35% lot coverage for the third story (if permitted).
• 10 dwelling units per gross Palm Beach acre, with the ability to reach 13 if all
required parking is in a sub - basement, or there is a 50% reduction in existing
density, if applicable.
• 30% minimum common open space /landscape open space that cannot be used for
off - street parking and/or loading.
• Pedestrian access between Royal Poinciana Way and Sunset Avenue through the
use of vias whenever possible.
• Encouragement of interior courtyards.
• All parking and loading requirements to be met, unless criteria for exceptions are
met as outlined in Town code.
Section 2. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance for any reason, is held to
be unconstitutional, void or otherwise invalid, the validity of the remaining portions of this Ordinance
shall not be affected thereby.
Ordinance No. 5 -2013 Page 5 of 6
Section 3. EFFECTIVE DATE
This Ordinance shall become effective 31 days after the state land planning
agency notifies the Town that the plan amendment package is complete or, in the event of a
timely challenge to the amendments contained within this Ordinance, upon the state land
planning agency or the Administration Commission having entered a final order determining the
adopted amendments to be in compliance.
PASSED ON FIRST READING in regular, adjourned session of the Town Council on
the 121h day of June, 2013.
PASSED ON SECOND READING in a regular, adjourned session of the Town Council
on the 9t" day of October, 2013.
PASSED AND ADOPTED ON THIRD READING in a regular, adjourned session of
the Town Council on this 13 day of November, 2013.
R &.17BAQ
Gail L. Coniglio, Mayor
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Da ' A. Rosow, Town Council President
Richard M. Kleid, Town Council Member
Michael . Pucillo, T Council Member
ATTEST:
san A. e s own Clerk, ,MNMC
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Ordinance No. 5 -2013 Page 6 of 6
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