Ordinance 02-2017 Comprehensive PlanORDINANCE NO. 2-2017
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'S
COMPREHENSIVE PLAN BY AMENDING POLICY 2.3.1 BY CHANGING THE
TOWN-SERVING THRESHOLD REQUIREMENT FOR BUSINESSES WITHIN
THE COMMERCIAL PLANNED CENTER (C-PC) ZONING DISTRICT FROM
2,000 SQUARE FEET GROSS LEASABLE AREA TO 3,000 SQUARE FEET
GROSS LEASABLE AREA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR
CODIFICATION; PROVIDING 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 16, 2014 with
the adoption of Ordinance No. 9-14; and
WHEREAS, the Town is amending the Goals, Objectives, and Policies (GOPs) portions of
the Future Land Use Element of the Town's Comprehensive Plan, specifically Policy 2.3.1 as it
relates to square-footage thresholds for town-serving businesses; and,
WHEREAS, after a public hearing pursuant to notice required by law, the Planning and
Zoning Commission considered all testimony and recommended modification to the Town's
Comprehensive Plan; and
WHEREAS, after public hearing pursuant to notice required by law, the Town Council,
acting as the Local Planning Agency (LPA) at their January 11, 2017 meeting, considered the
Planning and Zoning Commission's Record and Report and all evidence and testimony and
recommended that the Town Council approve on first reading the subject Ordinance amending the
Town's Comprehensive Plan, and transmit said ordinance to the Florida Department of Economic
Opportunity (DEO); and,
WHEREAS, after public hearing on January 11, 2017, pursuant to notice as required by
law, the Town Council does hereby find, determine, and declare that the public health, safety, morals
and general welfare of the citizens of the Town of Palm Beach requires that the aforesaid
Comprehensive Plan, be amended as hereinafter set forth, and transmitted to the Florida Department
of Economic Opportunity (DEO).
Ordinance No. 2-2017 Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals
The above recitals are incorporated as fully setforth herein.
Section 2. Amendment of the Comprehensive Plan
Policy 2.3.1 will be amended as follows (added language underlined; removed language
stricken):
POLICY 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 squa.fe feet er less ef
gress leasaele 8.fea ia the "Cemmereial Planaed Geater" (C PC) zeaiag distriet,
3,000 square-feet or less of gross leasable area in the C-PC, C-TS and C-B zoning
districts, and 4,000 square-feet or less of gross leasable area in the C-W A zoning
district are assumed to meet the intent of the first part of this definition.
Section 3. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can be
given effect without the invalid provisions or applications, and to this end the provisions of this
Ordinance are hereby declared severable.
Section 4. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 5. Codification.
This Ordinance shall be codified and made a part of the official Comprehensive Plan of
Ordinance No. 2-2017 Page 2 of3
the Town of Palm Beach.
Section 6. Effective Date.
This Ordinance shall take effect thirty-one days after its adoption, as provided by law.
Ordinance No. 2-2017 Page 3 of 3