Ordinance 03-2011 Comprehensive Plan ORDINANCE NO. 3 -2011
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 AS LAST AMENDED ON AUGUST 11,
2010 WITH THE ADOPTION OF ORDINANCE NO. 3-10, BY AMENDING
THE DATA & ANALYSIS IN THE FUTURE LAND USE ELEMENT AND
AMENDING POLICY 7.3 AS IT ADDRESSES REBUILDING
STRUCTURES LOCATED SEAWARD OF THE COASTAL
CONSTRUCTION CONTROL LINE (CCCL), AND PERMITTING
NONCONFORMING BUILDING AND STRUCTURES TO BE REBUILT
PROVIDED CERTAIN CONDITIONS ARE MET; 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 August 11, 2010
with the adoption of Ordinance No. 3 -10; 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 Policy 7.3 as it relates to rebuilding nonconforming structures throughout the Town,
including east of the Coastal Construction Control Line (CCCL); and,
WHEREAS, after reviewing the proposed amendments to the Town's Comprehensive
Plan at their February 22, 2011 meeting, the Planning and Zoning Commission, acting as the Local
Planning Agency (LPA), recommended approval and transmittal of the amendments to the Florida
Department of Community Affairs (DCA); and,
WHEREAS, after reviewing the proposed amendments to the Town's Comprehensive
Plan, the Town Council determined that nonconforming buildings and structures should be
permitted to be rebuilt if unintentionally damaged or destroyed by an act of terrorism or war or fire
or other casualty, or act of God or nature at the location and to the same size, density and intensity
provided certain conditions are met.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY FLORIDA, as follows:
Ordinance No. 3 -2011 Page 1 of 7
Section 1. INCORPORATION OF RECITALS
The above recitals are incorporated as fully set herein.
Section 2. FINDINGS
The proposed amendments to the Data & Analysis and Goals, Objectives, and Policies
(GOPs) portions of the Future Land Use Element of the Town's Comprehensive Plan,
specifically Policy 7.3 as it relates to rebuilding structures (including nonconforming structures)
seaward of the CCCL, as more particularly described in Section 3 below, have been determined
by the Town Council to promote the public health, safety and welfare, and is consistent with the
requirements of Chapter 163 Florida Statutes, Chapters 9J -5 and 9J -11 of the Florida
Administrative Code, and all elements of the adopted Comprehensive Plan.
Section 3. AMENDMENT OF COMPREHENSIVE PLAN
The Data & Analysis (language below found on pages I -4 and I -19 through I -21) and the
GOPs in the Future Land Use Element in the Town of Palm Beach Comprehensive Plan are
hereby amended as follows:
There are remedial and preventative strategies that can be employed to cope with
these basic problems. The three most basic land use protection strategies for
Palm Beach are to:
® Discourage the amount and type of region- serving commercial development
while encouraging Town - serving ones.
® Control the pace, type, and intensity of redevelopment activity in older areas
of Town.
® Encourage development and redevelopment at lower density levels than ex-
isting zoning allows, except for redevelopment where maintaining previous
densities and /or intensities are allowed after unintentional damage or destruction,
such as by fire or other casualty, act of terrorism, war or act of God or nature
(and with approval from FDEP if building east of the CCCL).
Single - Family Uses
This is the most predominant land use in the Town. The Future Land Use Plan
Map designates 1,103 acres of land for this use of which about 48 acres are
vacant. The preferred locations are those with good visual qualities, buffered
from annoying traffic influences with easy access to shopping and recreation.
Appropriate uses include estates, single - family homes, residential PUD's and
Ordinance No. 3 -11 Page 2 of 7
cluster development up to a maximum density of four dwelling units per gross
Palm Beach acre (40,000 square feet). Public uses and facilities, public and
private schools, group homes and foster care facilities, essential services, and pri-
vate group uses and cultural uses are also permitted within this category on a
limited basis.
It is estimated that another 85 single - family dwelling units can be accommodated
at an average density of 1.8 units per acre. A developed single - family lot can
exceed the density that is permitted by code if the density exists, and will not be
increased through redevelopment. For a vacant single- family lot in existence for
at least 30 years, a single - family home can be built subject to meeting all land
development regulations.
Multi- Family Uses
Two multi- family categories, permitting varying densities and uses, are shown
on the Future Land Use Plan. In total, the Future Land Use Plan designates about
343 acres of land for this use of which about 8 acres are vacant. Some of these
lands are undevelopable, or have been committed to open space associated with
other residential units, and most cannot be developed at maximum allowable
density due to limited parcel sizes. Consequently, it is estimated that these vacant
lands can accommodate about 35 additional multi - family units.
The preferred locations are adjacent to high accessibility corridors; areas with
good visual qualities; near commercial centers, and recreation and open space
areas to offset effects of higher density.
Multi - Family Moderate Density: Appropriate uses include single - family and
two- family homes, townhouses, multi - family units, and residential and mixed -
use PUD's up to a maximum density of six dwelling units per gross Palm Beach
acre (40,000 square feet); public uses and facilities; public and private schools;
private group uses; group homes and foster care facilities; and essential services.
The Plan designates about 117 acres of land for this use.
Multi- Family High Density: Appropriate uses include single- family and two -
family homes, townhouses, multi- family units, and residential and mixed use
PUD's up to a maximum density of thirteen dwelling units per gross Palm Beach
acre (40,000 square feet). Hotels up to 26 units /gross Palm Beach acre along
with associated accessory commercial uses and time - sharing uses up to 9
units /gross Palm Beach acre may be appropriate under carefully controlled
conditions. Other appropriate uses include public uses and facilities, public and
private schools, private group uses, group homes and foster care facilities, and
essential services. The Plan designates about 226 acres of land for this use.
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
Ordinance No. 3 -11 Page 3 of 7
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 bein g 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.
Commercial Uses
While only one commercial category is specifically identified on the Future Land
Use Plan Map, the Town provides for commercial uses at varying intensities
under different zoning categories. The Plan designates about 93 acres for
commercial uses, of which only about one -half acre remains vacant. Appropriate
uses include a wide range of commercial retail, service, professional and
business uses largely intended to serve Town persons; hotels, motels and time-
sharing uses; public uses and facilities; public and private schools; private group
uses; and residential uses located above the ground floor. 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.
i
Public Uses
The Plan designates approximately four acres of land for this use. Appropriate
uses include public schools, low intensity public facilities at a scale and intensity
necessary to primarily serve the needs of Town persons, and owned, operated,
rat
ion of a
franchised, or supervised by a governmental agency. The designation
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. The Zoning Ordinance is the tool which
indicates those uses which are specifically allowed. 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 j
outlined in the land development regulations.
Recreation Uses
Ordinance No. 3 -11 Page 4 of 7
i
The Plan designates approximately 106 acres of land for this use. This category
is intended for low intensity public recreational uses or activities at a scale and
intensity necessary to primarily serve the needs of Town persons, and to preserve
the natural and scenic resources of the Town. Only public facilities, owned,
operated, franchised or supervised by a public governmental entity, are given this
designation. 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.
Private Group Uses
The Plan designates approximately 219 acres of land for this use. Appropriate
uses include low intensity private clubs, golf and country clubs, houses of j
worship, museums and non - commercial recreation -type or cultural uses at a scale
and intensity intended to primarily serve the needs of Town persons. The desig-
nation of a property for Private Group Use on the Future Land Use Plan Map
recognizes the current use of the property; and, further, indicates that such
properties may also be appropriate for residential or commercial development.
The Zoning Ordinance is the tool which indicates those uses which are speci-
fically allowed or prohibited. 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.
Approved PUD
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 and zoning district in which
they are located prior to their approval, 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
Ordinance No. 3 -11 Page 5 of 7
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.
Conservation
This category is intended primarily for the spoil islands in Lake Worth and 1
submerged lands located within the Town's boundary and located west of the
MHWL in Lake Worth and which comprise about 39 acres. An additional 3 -acre
conservation parcel is located south of Southern Boulevard in the Blossom Estate
subdivision. Both areas are unique, and will be preserved and protected from de-
velopment and the negative impacts of public use.
Maps I -1 through I -7, comprising the Town's Future Land Use Map Series,
provide mapping of future land use, recreation areas and their general service
areas, historic sites and districts, beaches and shores, wetlands and estuarine
areas, flood plains, and soils, follow. There are no existing or planned
waterwells, cones of influence, rivers, bays, fresh water lakes, harbors, or
economic mineral deposits in the Town of Palm Beach.
POLICY 7.3
The Town shall continue to allow designated landmark structures, single- family
dwellings, two - family, townhouse, multi- family, commercial, and public
structures or public /private group uses which are unintentionally damaged or
destroyed, such as by fire or other casualty, act of terrorism, war or act of God or
nature to be 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 provided FDEP standards are met when building east j
of the CCCL. Actual construction to replace, restore or reconstruct the
nonconforming building or structure shall commence within the time frame
outlined in the land development regulations.
Section 4. 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 effected thereby.
Section 5. EFFECTIVE DATE
Ordinance No. 3 -11 Page 6 of 7
The effective date of this plan amendment shall be the date a final order is issued by the
Department of Community Affairs or Administrative Commission finding the amendment in
compliance in accordance with Chapter 163.3187(3)(C), Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses dependent on this amendment
may be issued or commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent
to the Florida Department of Community Affairs, Division of Community Planning, Plan
Processing Team.
PASSED ON FIRST LEADING in a regular, adjourned session of the Town Council on
the 13 "' day of April 2011.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council on the
13 day of July 2011.
t /
6 �J—'
Gai oniglio, ayor David A. Rosow, Town Council President
I
I
Ro ert . dick, Council President Pro Tern
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Will Diamond, To Council
Member
Richard M. Kleid, Town Council Member
i
Q �4Mich e Pucillo, Town Council Member
ATTEST:
A,
Sus�l A.Ow6ns,38`w Clerk
0 d � one ` 1 t a Page 7 of 7