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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 t � 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