TOWN OF PALM BEACH Planning, Zoning & Building Department

Transcription

1 TOWN OF PALM BEACH Planning, Zoning & Building Department PLANNING AND ZONING COMMISSION AGENDA TOWN COUNCIL CHAMBERS SECOND FLOOR 360 SOUTH COUNTY ROAD, PALM BEACH TUESDAY NOVEMBER 15, 2016 AT 9:30 A.M. I. CALL TO ORDER AND ROLL CALL Martin Klein, Chair Lewis Crampton, Vice Chair Carol Mack, Member Alan Golboro, Member Michael Ainslie, Member Kenneth Walker, Member Carol LeCates, Member Michael Spaziani, Alternate Member Rick Pollock, Alternate Member II. III. IV. INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA APPROVAL OF OCTOBER 14, 2016 PLANNING AND ZONING COMMISSION MINUTES V. COMMUNICATIONS FROM CITIZENS 3 MINUTE LIMIT PLEASE VI. VII. CONSIDERATION OF THE UPDATE OF THE TOWN S COMPREHENSIVE PLAN. CALVIN GIORDANO & ASSOCIATES PROPOSED ZONING TEXT AMENDMENT BY RPP PALM BEACH PROPERTY, LP, TO ALLOW OUTDOOR SEATING IN THE C-PC ZONING DISTRICT (ROYAL POINCIANA PLAZA) VIII. PROPOSED COMPEHENSIVE PLAN AND ZONING TEXT AMENDMENTS BY RPP PALM BEACH PROPERTY, LP, TO INCREASE THE TOWN-SERVING THRESHOLD REQUIREMENT IN THE C-PC ZONING DISTRICT (ROYAL POINCIANA PLAZA) IX. COMMENTS FROM PLANNING AND ZONING COMMISSIONERS AND THE PLANNING, ZONING AND BUILDING DIRECTOR X. ADJOURNMENT Post Office Box South County Road Palm Beach, Florida Telephone: (561) Facsimile (561) pzb@townofpalmbeach.com Website: Recycled Paper

2 Note 1: If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which records include the testimony and evidence upon which the appeal is to be based. Note 2: Disabled persons who need an accommodation in order to participate in this Commission Meeting are requested to contact the Town Manager s Office at or through the Florida Relay Service by dialing for voice callers or for TDD callers, at least five (5) working days before this meeting. Post Office Box South County Road Palm Beach, Florida Telephone: (561) Facsimile (561) pzb@townofpalmbeach.com Website: Recycled Paper

3 TOWN OF PALM BEACH PLANNING, ZONING AND BUILDING DEPARTMENT MINUTES OF THE REGULAR LANDMARKS PRESERVATION COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 19, Please be advised that in keeping with a directive from the Town Council, the minutes of all Town Boards and Commissions will be "abbreviated" in style. Persons interested in listening to the meeting, after the fact, may access the audio of that item via the Town s website at I. CALL TO ORDER Chairman Cooney called the meeting to order at 9:31 a.m. II. ROLL CALL Edward Austin Cooney, Chairman John T. Gannon, Vice Chairman Nikita Zukov, Member Jacqueline Albarran, Member Page Lee Hufty, Member William J. Strawbridge, Jr., Member Richard Rene Silvin, Member Jacqueline Weld Drake, Alternate Member Anne Fairfax, Alternate Member Jorge Sánchez, Alternate Member PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT ABSENT (excused) PRESENT (left at 11:01 a.m.) ABSENT (unexcused) Staff Members present were: John S. Page, Director of Planning, Zoning & Building John Lindgren, Planning Administrator Kelly Churney, Secretary to the Landmarks Preservation Commission III. IV. PLEDGE OF ALLEGIANCE Chairman Cooney led the Pledge of Allegiance. APPROVAL OF THE MINUTES OF THE SEPTEMBER 21, 2016 MEETING Motion made by Mr. Gannon and seconded by Ms. Albarran to approve the minutes of the September 21, 2016 meeting. Motion carried with all in favor. V. APPROVAL OF THE AGENDA Chairman Cooney stated there were a few modifications to the agenda. 1

4 Mr. Lindgren stated that the applicant for the informal review for COA , 141 S. County Rd, Bethesda-by-the-Sea, has requested a 60-day deferral. Harvey Oyer, Esquire, Shutts & Bowen, stated that he is working on behalf of Bethesdaby-the-Sea, at the Town s request, trying to resolve issues with the surrounding neighbors and needs more time to do so. Mr. Silvin asked Mr. Oyer if he could update the Commission on the issues at hand. Mr. Oyer addressed the Commission and provided a further explanation for the request. Mr. Page indicated this application would return to the Commission on December 21, 2016 if they granted a 60-day deferral. Motion made by Ms. Albarran and seconded by Mr. Zukov to approve the 60-day deferral request to the December 21, 2016 meeting. Motion carried with all in favor. Mr. Page also stated that Ms. Hufty declared a conflict for the project at 221 Royal Palm Way at the September 21, 2016 meeting had has correctly completed the 8B form in accordance with State Law. Mr. Lindgren stated there was an additional item that needed to be heard by the Commissioners. He stated that the architect from 1200 S. Ocean Blvd. had a request for fenestration changes. Motion made by Ms. Albarran and seconded by Mr. Zukov to approve the agenda as amended, to include hearing the additional information from the architect at 1200 S. Ocean Blvd. and the deferral of COA Motion carried with all in favor. VI. ADMINISTRATION OF THE OATH TO PERSONS WHO WISH TO TESTIFY Ms. Churney administered the oath at this time and throughout the meeting as necessary. VII. COMMENTS FROM THE PUBLIC AND COMMISSION MEMBERS: (Please limit comments to 3 minutes) Guillermo Vasquez, architect with Bridges, Marsh and Associates for 1200 S. Ocean Blvd., presented a fenestration change on an interior courtyard, north elevation. He provided the reasons for the change to the Commissioners. Commissioners Comments: Many of the Commissioners thought the new windows were skinny and needed to be wider. There was a suggestion to change the window size to the size of the originally approved side windows. Motion made by Ms. Albarran and seconded by Mr. Zukov to direct the staff to administratively approve all three equal and matching windows to the original approved size of the side windows. Motion carried with all in favor. VIII. PUBLIC HEARINGS A. Application for Certificate of Appropriateness # *LPC TO MAKE RECOMMENDATION RELATIVE TO SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)* - Done 8/17/16 2

5 Address: 3 Four Arts Plaza Owner/Applicant: Society of the Four Arts Architect: Thomas M. Kirchhoff/Kirchhoff & Associates Architects Landscape Architect: Brian Vertesch/SMI Landscape Architecture Project Description: Rehabilitate the existing The Gioconda and Joseph King Library will include the following: 1) Retain the original Fatio building while demolishing the two additions to the north of the Fatio building; 2) Retain the character of the main reading room; 3) Restore the meeting room upstairs by exposing the original heavy timber members; 4) Add a new two-story addition to the original building. This building will be Mediterranean with a pitched roof. It will be sited similarly to the existing additions, but it will be a full two story addition, satisfying the needs of the staff and the public. The rehabilitation will address accessibility, including providing accessible toilet rooms and egress. Moisture issues will be rectified, as well as providing proper climate control for the building and specifically for the rare book room. The approval of this work will ensure that library patrons in the future will be able to enjoy charms and services of this very special library. SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES: The applicant is requesting for approval to rehabilitate the Gioconda and Joseph King Library ("King Library"). The design objectives of the King Library rehabilitation are as follows: maintain the public entrance facing Four Arts Plaza, maintain the first floor of the original Fatio Building as a library reading room, provide a Rare Documents Room that has proper ventilation and humidity and security, provide a meeting space on the second floor of the original Fatio Building, restore the exposed wood roof trusses on the second floor of the original Fatio Building, provide staff work stations and work space, provide accessible restroom facilities in accordance with ADA, and provide second means of egress from second floor. The following variances are requested for the new addition to the King library: 1) To reduce the required front yard setback for the King Library to 12.0 feet in lieu of 35 feet minimum required. A variance of 23.0 feet. 2) To increase the required angle of vision to 154 degrees for the King Library in lieu of 116 degrees maximum as required. A variance of 38 degrees. 3) To increase the required building height for the addition to the King Library to be 31.0 feet in lieu of 22 feet maximum as required. A variance of 9.0 feet. 4) To allow an overall building height for the addition to the King Library to be feet in lieu of 30 feet maximum as required. A variance of 5.50 feet. 5) To have the building height plane for the King Library to be 11.0 feet in lieu of 61.5 feet maximum as required. A variance of 50.5 feet. 6) To eliminate the requirement to provide one (1) off-street parking space required for the 649 square foot addition to the King Library. At the August meeting, a motion carried that the implementation of the proposed special exception, site plan and variances would not cause negative architectural impacts to the subject landmarked property with the exception of the variance for the front staircase issue. At the September meeting, this project was deferred to the October meeting. Call for disclosure of ex parte communication: Disclosure by Messrs. Strawbridge and Silvin and Ms. Hufty. Mr. Page updated the Commissioners on the Town Council s decisions regarding all of the variance requests. He told the Commissioners that the Town Council was in favor of the ADA ramp that was requested. Mr. Kirchoff presented the Commission items that had been changed since the last time he presented to the Commission in August. Mr. Kirchoff presented photos of a site overview, 3

6 historic drawings from Fatio and Wyeth, King and Johnson, a site plans, materials removal plan, floor plans, roof plans, existing photos, Mizner drawings of front and rear elevation, renderings, landscape renderings, existing and proposed renderings of all elevations, additional side elevations and building sections by Fatio, existing photos of the interiors, renderings of proposed interiors and historic interior photos. Mr. Kirchoff stated that they did pursue an elevator option for the front entrance but stated it was not feasible. He showed the Commissioners samples for the proposed project. Mr. Kirchoff went over each section of the building and indicated the uses for the proposed spaces in detail. Ms. Fairfax asked how much of the materials would be salvaged. Mr. Kirchoff responded by saying they would salvage and reuse as much as they could. Ms. Fairfax questioned how Mr. Kirchoff would handle the changes in the columns, architraves and arches. She also questioned the quoins and grills on the Fatio drawings and whether they would be incorporated in the proposed project. Mr. Kirchoff addressed this questions. Commissioners Comments: Many of the Commissioners were worried about the murals and how the new floor would be installed around the murals. Mr. Kirchoff stated how the murals would fit with the newly raised floor. One of the members stated that the landscaping mitigates the proposed addition in a positive way. There was a suggestion to change the window to the right of the entrance on the west elevation to match the window to the left of the entrance. Many other Commissioners agreed with that suggestion. There was a suggestion to leave the window as is on the south elevation. Mr. Kirchoff provided reasoning for the window change. There was a suggestion to make the front door less dominant. Mr. Kirchoff responded to this request. Ms. Hufty passed on a recommendation from a written document from the U.S. Department of Interior, that suggests to bury the steps, the bottom of the columns and to leave the footers with the possibility that they could one day be restored. Mr. Kirchoff responded to the request. There was some discussion on this issue. Mr. Cooney asked how the mural removal and restoration would be handled. David Breneman, President of The Society of the Four Arts, discussed how The Four Arts will handle the restoration of the murals. Mr. Cooney asked if The Four Arts would return and update the Commission when handling the restoration. Mr. Breneman stated they would be happy to update the Commissioners. Mr. Cooney asked about the materials for the new windows and shutters. Mr. Kirchoff stated they have chosen to go with CGI Windows. Patrick Henry, Chairman of the Board of Trustees at The Society of the Four Arts, assured the Commissioners that they would have the budget to do a first rate job. Commissioners Comments: There was a question regarding the trees that anchor the front façade. Mr. Vertesch responded to the question. 4

7 Mr. Vertesch presented the landscape and hardscape plan for the proposed project. He showed the members a front and rear façade rendering and stated they will be preserving as much landscaping as they can onsite or offsite. Many of the Commissioners liked the proposed landscaping. Motion made by Ms. Albarran and seconded by Mr. Zukov to approve the project as presented with the caveats that the window on the right of the front entrance, west façade, will match the window to the left of the entrance, that the windows are a CGI estate series, that when plans are submitted for a permit, it will state that the conditions of the columns and arches will be analyzed, and to return to the Commission with a drawing of the front entrance door, Dominican stone samples and a mural removal and restoration update. Motion carried with all in favor. Please note: At this time, Chairman Cooney asked for item C to be heard before item B. C. Application for Certificate of Appropriateness # Address: 1820 S. Ocean Blvd. Owner/Applicant: Taubman Family (AAT PB LLC) Architect: Dan Kahan/Smith and Moore Architects, Inc. Project Description: Window and door replacement. Further described as replacement of all existing fenestration with wood frame impact-resistant doors and windows to match existing configuration. Units being replaced include both original and non-original materials. Call for disclosure of ex parte communication: Disclosure by Ms. Albarran and Mr. Cooney. Mr. Kahan thanked the Preservation Foundation for allowing him to present ahead of their project. He provided the history of the home and stated the home is undergoing an interior restoration and they are replacing all of the doors and windows in the home. He showed the Commissioners historical drawings, photos, floor plans, material removal plans and renderings. He stated there is a change that they would like to make a change on the east façade, which includes removing the leaded glass that was added to the doors and transoms that face the ocean but indicated they will keep the mullion pattern in the new glass. He stated they are still studying paint colors and that all windows would be mahogany. A discussion ensued about the leaded glass and the places where it currently exists on the home. Motion made by Ms. Albarran and seconded by Mr. Gannon to approve the project as presented with the caveat that the windows above the French doors are divided and leaving the French doors open, without any divisions on the glass and using all wood products for the replacements. Motion carried with all in favor. 5

8 B. Application for Certificate of Appropriateness # *LPC TO MAKE RECOMMENDATION RELATIVE TO SPECIAL EXCEPTION WITH SITE PLAN REVIEW* - Done 8/17/16 Address: 100 Bradley Place Owner/Applicant: Brian Vertesch, Agent for the Preservation Foundation of Palm Beach Architect: Jorge Sanchez and Brian Vertesch/SMI Landscape Architecture Project Description: Modifications to Bradley Park that include: Removal and partial relocation of existing fountain, plaza addition, demolition of existing restroom and addition of new restroom, removal of employee parking at north end of park, addition of overlook along seawall, lake trail extension, new park entry, relocation of Bradley monument plaque, addition of stabilized grass parking in place of existing asphalt, benches, low sculptures, low see through perimeter fence, sculpture pad, new perimeter sidewalks adjacent to the park, additional plantings, landscape lighting, addition of compacted stone dust paths. SPECIAL EXCEPTION WITH SITE PLAN REVIEW INFORMATION: The applicant requests to modify Bradley Park public open space as follows: 1) Removal and relocation of existing fountain centerpiece, located at south west area of Bradley Park. Demolition of existing fountain basin; 2) Construction of plaza and fountain basin adjacent to south side of existing structure at north/central property, often referred to as the "Tea House"; 3) Demolition of existing one story restroom and kitchen located directly east of the Tea House and the addition of a new public restroom; 4) Removal of asphalt parking adjacent to north side of existing bathroom; 5) Removal and partial replacement of sidewalks on north property line, Sunset Ave, and east property line, Bradley Place; 6) Addition of small overlook structure to the west of the existing pump house, adjacent to the proposed lake trail; 7) Addition of Town Lake Trail extension; 8) Addition of new park entry at north east corner of park; 9) Relocation of existing Bradley Park monument; 10) Addition of stabilized grass parking adjacent to S-2 pump station; 11) Addition of site furnishings including benches, bike rack, and low train sculpture; 12) Addition of sculpture pad to south of the Tea House; 13) Addition of 30" high decorative see through fence around perimeter of park at Sunset, Bradley Place, and Royal Poinciana Way. There will be openings into park with no gates; 14) Addition of stabilized decomposed granite pathways within the park; 15) Addition of landscape lighting; 16) Landscape improvements as graphically described on the plans and specifications submitted. At the August Meeting, a motion carried that the implementation of the proposed special exception and site plan review would not cause negative architectural impact to the subject landmarked property with the exception of the fence around the park. At the September meeting, this project was deferred to the October meeting. Call for disclosure of ex parte communication: Disclosure by several members. Mr. Randolph, Town Attorney, made a statement to the Commissioners that they need to make decisions based on their charge and the criteria set forth in the Code and not to concern themselves with the issues that will be decided by the Town Council. A short discussion ensued regarding this topic. Paul Brazil, Director of Public Works, talked about the plan for the park and asked for a favorable recommendation to the Town Council. Mr. Vertesch talked about the Preservation Foundation s donation to the Town. He stated his team has talked to the police, fire, public works and building department as 6

9 well as the Diocese to make sure that all groups were satisfied with the plan to be presented. The Diocese asked for the fence, sculpture and the child s train bench to be removed. He stated that the construction plan would outline that all construction items be contained within the park and also indicated that they would like to begin in the summer to lessen the traffic impacts. He also stated the enhancements would total almost $2.3 million. Mr. Vertesch presented an aerial map and existing condition, existing and proposed photos and renderings, site plans, detail sheets, and the proposed landscape and hardscape plan. He spoke to each section in detail and the changes that are proposed. Mr. Lindgren read a letter into the record from Lory and John Volk. Emily Stillings, MurphyStillings, showed a photograph of the fountain, including the basin, when The Beach Club existed in She suggested keeping the fountain in the current location. Anita Seltzer, 44 Cocoanut Row, read historic comments by Forrest Lisle and showed some historic pictures of the fountain and The Beach Club as well as existing photos of Bradley Park. Ms. Seltzer expressed her option that the Town should not accept the gift from the Preservation Foundation as she feels the changes are not appropriate. Commissioners Comments: There was a suggestion that educational boards be placed at different points in the park to inform the public. Many of the Commissioners thought this was a good idea. Mr. Silvin asked where the Artemis fountain topper was stored after it fell during the storm. Mr. Brazil stated that Public Works has the topper in three pieces and stated that it will be replicated for the fountain. Mr. Brazil also discussed reasons for the relocation for the fountain. Mr. Cooney asked for confirmation that archeological monitoring would occur. Mr. Vertesch stated it has already begun. Mr. Cooney also asked about future tree sites. Mr. Vertesch addressed this question. Ms. Albarran asked about the pitch on the roof on the proposed gazebo and recommended to use a clay barrel tile. She also questioned the railings and the balustrades on the gazebo. Ms. Albarran also made a suggestion to move the fountain into the grass in front of the bath house instead of its proposed space. Many of the Commissioners liked moving the fountain away from the bathroom. Ms. Hufty also talked about the roof on the gazebo and asked why it was placed in the proposed location. Mr. Vertesch responded to these questions. Mr. Vertesch provided a sample of the trail material. Ms. Hufty asked if the bathrooms will be locked at night and Mr. Brazil stated he would be addressing that with the Town Council. Mr. Strawbridge made a suggestion for an alternate location for the fountain to allow it to be seen from all sections of the park. 7

10 Mr. Brazil stated that the Commissioners could place a condition on the approval to return with new proposed locations and basin sizes for the fountain and that would still allow them to move forward to the Town Council for their approval. Motion made by Ms. Albarran and seconded by Mr. Zukov to approve the project as presented, to pay close attention that the gazebo s roof pitch and balustrades are constructed historically correct, to add educational boards around the park and to defer the size of basin and location of the fountain for one month to the November 16, 2016 meeting. Mr. Page confirmed that the Diocese asked for the removal of the three items, including the fence, sculpture and the child s train bench. Mr. Cooney confirmed that none of those items were approved. Motion carried with all in favor. Please note: A short break was taken at 12:33 p.m. and the meeting resumed at 12:45 p.m. D. Application for Certificate of Appropriateness # Address: 1095 N. Ocean Blvd. Owner/Applicant: TGS Florida LLC, c/o Jane Goldman Architect: Mario Nievera/Nievera Williams Design Project Description: Landscape revisions of previously presented landscape drawings (COA ; SPR ). In addition, restoration and reconstruction of a portion of the existing perimeter wall, south of the entry gate along North Ocean Blvd. Other associated changes as presented. Call for disclosure of ex parte communication: None. Keith Williams presented the proposed landscaping changes to the project. He showed the Commissioners a Banyan tree that they are proposing to move as well as the changes to the landscaping along the west wall and the wall that needs to be rebuilt. Motion made by Ms. Albarran and seconded by Mr. Zukov to approve the project as presented. Motion carried with all in favor. IX. OTHER BUSINESS A. Informal Review - Application for Certificate of Appropriateness # *LPC TO MAKE RECOMMENDATION RELATIVE TO SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCE(S)* Address: 141 S. County Rd. Owner/Applicant: Church of Bethesda-by-the-Sea, Inc. Architect: Gene Pandula/Pandula Architects Project Description: The Church of Bethesda-by-the-Sea proposed to add 11 parallel offstreet parking spaces along the north side of the 100 block of Barton Ave. The parking spaces currently exist. The new spaces are being shifted onto the Church property to 8

11 allow Barton Ave. to operate as a full time two-way local street. 23 off-street parking spaces are proposed to be located on the vacant parcel directly west of the Church (across South County Rd.) SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES INFORMATION: The applicant is requesting for approval of a Special Exception with Site Plan Review and Variances to construct required off-street & supplemental parking spaces to accommodate 34 additional required offstreet & supplemental parking, specifically 11 parallel parking spaces are proposed to be located on private property along the north side of the 100 block of Barton Avenue, adjacent to the Church. 23 parking spaces are proposed to be located on the Church s parcel directly west of the Place of Worship across South County Road. If approved, the additional 34 required off-street & supplemental parking spaces will substantially alleviate the recent loss of parking that has existed as a result of changes to the Town s parking policies. At the Town Council s direction, the applicant seeks to allow residents of the 100 & 200 block of Barton Avenue along with residents of the 200 block of Pendleton Avenue to use the 34 off-street and supplemental parking spaces by way of a Declaration of Use agreement. The following variances are requested for the 11 parallel required off-street parking spaces to be located on the north side of the 100 block of Barton Avenue: 1) to allow the landscape open space area to be reduced from the existing 51.98% to 50.48% in lieu of 55% minimum landscape open space as required by code; 2) to allow the off-street parking with a zero setback in lieu of the 25 foot minimum setback required; 3) to allow the off-street parking spaces not to include the required screening with hedges, walls or a combination thereof as required; 4) to allow the interior off-street parking landscape open space to be reduced to zero in lieu of the minimum 10% (205.3 sq. ft.) required. Please note: This project was deferred to the December 21, 2016 during Item V., Approval of the Agenda. B. Informal Review - Application for Certificate of Appropriateness # *LPC TO MAKE RECOMMENDATION RELATIVE TO VARIANCE(S)* Address: 322 Seaspray Ave. Owner/Applicant: Mr. and Mrs. David Daniel Architect: Don Skowron, Inc. Project Description: Allow a wall to screen a 48 KW generator at a height of 8.3 feet from adjacent neighbor s grade in lieu of 7-foot maximum allowed. VARIANCE INFORMATION: The applicant is requesting a variance to allow a three sided wing wall on the east side of the property to screen a 48 KW generator at a height of 8.25 feet from the adjacent neighbor s grade in lieu of the 7-foot maximum allowed. Call for disclosure of ex parte communication: None. Maura Ziska explained the variance that is being requested. Don Skowron showed the Commissioners a site plan for the project and explained the location for the proposed generator. He explained the need for the 8-foot hedge and wall around the generator. He showed the Commissioners previously approved plans that included a hedge. 9

12 Motion made by Mr. Zukov and seconded by Ms. Albarran that the implementation of the proposed variance would not cause negative architectural impact to the subject landmarked property. Motion carried 5-1 with Mr. Zukov opposed. C. Informal Review - Application for Certificate of Appropriateness # *LPC TO MAKE RECOMMENDATION RELATIVE TO VARIANCE(S)* Address: 270 Algoma Rd. Owner/Applicant: Oliver R. Grace, Jr. Architect: Jacqueline Albarran/SKA Architect + Planner, Inc. Project Description: Previously approved second story addition over an existing one story structure to the East. Previously approved extension of the existing parapet to create balcony on existing one story structure to the East. Lowering door thresholds and window sills approximately 7.5 in some areas of main house. New impact windows and doors. Roofs, parapets, and all detailing to match existing. VARIANCE INFORMATION: The applicant is requesting modifications to an existing landmarked residence by adding a second story addition and balcony rail which require the following variances: 1) a square foot second story addition to the east side of the residence that will have a 32.2 front yard setback in lieu of the 35 foot minimum required and a building height plane setback of feet in lieu of the feet minimum required and an angle of vision of 131 degrees in lieu of the 120 degrees maximum allowed; 2) the addition of balcony railings above the existing one story on the east side of the house that would have a front yard setback of 32.2 feet in lieu of the 35 foot minimum required and an angle of vision of 136 degrees in lieu of the 120 degrees maximum allowed. Call for disclosure of ex parte communication: Disclosure by several members. Ms. Albarran declared a conflict for the project and left the dais to present the project to the Commissioners. Maura Ziska presented the variances that were being requested due to the non-conforming nature of the existing home. Ms. Albarran presented an existing and proposed vicinity map, existing, approved and proposed streetscapes, photos of the existing home, site plans, floor plans, landscape plans, roof plans and existing, approved and proposed elevations. Ms. Albarran presented proposed changes that include raising the existing floor due to a cracked foundation and a fenestration change on the south elevation. Motion made by Mr. Gannon and seconded by Mr. Zukov that the implementation of the proposed variance would not cause negative architectural impact to the subject landmarked property. Motion carried with all in favor. X. COMMENTS OF THE LANDMARKS PRESERVATION COMMISSION AND PLANNING ZONING & BUILDING DEPARTMENT DIRECTOR: Mr. Page stated that the designation season will begin next month. 10

13 Mr. Cooney asked if the Planning and Zoning Commission would like their opinion on the Historic Preservation section in the draft Comprehensive Plan. Mr. Page stated there is still an opportunity to make comments and/or suggestions. Mr. Page stated the next Planning and Zoning Commission Meeting would be held on November 15, XI. ADJOURNMENT Motion made by Ms. Albarran and seconded by Mr. Gannon to adjourn the meeting at 1:14 p.m. Motion carried with all in favor. The next meeting of the Landmarks Preservation Commission will be held on Wednesday, November 16, 2016 at 9:30 a.m. in the Town Council Chambers, 2nd floor, Town Hall, 360 South County Rd. Palm Beach. Respectfully submitted, Edward A. Cooney, Chairman LANDMARKS PRESERVATION COMMISSION kmc 11

14 Memorandum Fort Lauderdale Office 1800 Eller Drive Suite 600 Fort Lauderdale, FL (p) (f) West Palm Beach Office 560 Village Boulevard Suite 340 West Palm Beach, FL (p) (f) Date: November 7, 2016 To: John Page, Director Town of Palm Beach Planning, Zoning & Building Department From: Richard D. Cannone, AICP, Planning Administrator Subject: Town of Palm Beach Comprehensive Plan - Planning and Zoning Commission Edits Project: Town of Palm Beach 2015/2016 Comprehensive Plan Update We have prepared the following summary memo of the changes requested by the Planning and Zoning Commission at the September 14, 2016 meeting. To help guide the review we have organized the memo with the following: ELEMENT 1. Commission Request Summary of Change & Page Number Modified Language We have also made a number of proof related edits not listed herein as they were not substantive changes but rather minor grammatical changes. I. FUTURE LAND USE ELEMENT 1. Include language about balancing existing commercial versus region serving commercial. Added a sentence regarding the balance (pg. I-4). The tremendous pressure for expansion of commercial land use is a direct function of the economically valuable image of a Palm Beach address. It is imperative that region-serving, high traffic generating, commercial uses be prevented from further proliferating and be reduced wherever possible. To this end, the Town is committed to ensure that the existing businesses and commercial areas within the Town remain vital and continue to meet the needs of its residents. 2. Provide more additional demographic information for age cohorts and provide comparison. Added new table (I-1) that provides a breakdown by age and comparison from the 1990 Census to the 2010 Census (pg. I-6). The Town of Palm Beach experienced its greatest growth between 1950 and 1970, when its resident population increased from 3,886 to 9,086. Since then, population growth has actually declined been less dramatic. According to the 2010 US Census, the Town had a population of 8,161. Table I-1 below shows US Census data from 1990, 2000, and The Town s

15 Memorandum and 2010 total population and total housing units figures were corrected as shown. It important to note that other population information from 2000 and 2010 are based on the non-corrected figures. Estimates by the The University of Florida, Bureau of Economic and Business Research (BEBR) place estimates the 2015 April 2005 population at 8,040 9,735. Future growth is severely limited by the small amount of undeveloped land left in the Town. Future population growth is expected to remain relatively flat. Table I-1 Demographic Data 1990 to 2010 Town of Palm Beach % Change (1990 to 2010) Total Population 8, , ,468 9, % % < >18 7,776 9,479 9, >65 4,657 5,501 5, Median Age Total # of Households 4,799 5,789 5, Avenue Household Size Total Housing Units 8, ,091 9, ,948 9, % % Source: US Census 1990, 2000, and Town of Palm Beach Corrected 2010 US Census figures only Total Population and Total Housing Units available. 2 Town of Palm Beach Corrected 2000 US Census figures only Total Population and Total Housing Units available. 3. Provide information on the working population in the Town. Added new table (I-4) that provides the Town s employment numbers based on the 2012 Economic Census (pg. I-9 &10). Table I-4 Employment Data from 2012 Town of Palm Beach North American Industry Code System (NAICS) Code Number of Establishments Number of Employees 1 Wholesale Trade Retail Trade 177 1,345 3 Transportation and Warehousing Information Finance and Insurance Real Estate and Rental and Leasing Professional, Scientific, and Technical Services Administrative and Support and Waste Management Educational Services Health Care and Social Assistance Arts, Entertainment and Recreation 24 1, Accommodation and Food Services 43 4, Other Services 97 1,129 2

16 Memorandum Source: 2012 Economic Census of the United States; US Census Include growth in Lake Worth as a concern for Added growth from the City of Lake Worth as a concern (pg. I-13). A growing concern that will likely impact the Town s transportation system and recreational and park facilities is the amount of residential density and intensity being added within the City of West Palm Beach s downtown as well as potential growth in the City of Lake Worth. With limited recreation space and a Transportation Concurrency Exemption Area (TCEA) in place, expected spillover of that increased density and intensity into the Town will only exacerbate capacity concerns along County Road/Ocean Boulevard/State Road A1A. 5. Include section on Undergrounding of Utilities in Future Land Use Element. Added section on Undergrounding of Utilities (pg. I-14) Undergrounding of Utilities On March 15, 2016, the Town of Palm Beach voters approved a Town-Wide Referendum to bury overhead utilities to improve aesthetics, reliability and safety throughout the Town. The timing was critical due to new state mandates that require FPL to harden all critical facilities by replacing existing poles with larger and taller concrete power poles. FPL had indicated that within the next two years the hardening of the poles would be initiated and completed. By passing this referendum and initiating undergrounding, Palm Beach will not be required to harden existing poles and can eliminate utility poles and power lines from the Town. The conversion of the overhead utilities to underground locations will be one of the most ambitious infrastructure projects ever undertaken by the Town of Palm Beach. The undergrounding will preserve the historic character of the Town and enhance the aesthetics of the landscape and scenic vistas. The conversion will significantly improve the level of service and reliability of the electric, telephone, and cable communications to the Town. 6. Add Future to Table I-5 Added Future to Table I-5 (pg. I-20) TABLE I-53 Future Land Use Town of Palm Beach FUTURE LAND USE CATEGORY ACRE PERCEN Single-family Residential (up to 4 du/gross Palm Beach acre) 1,

17 Memorandum Multi-family Moderate Density (up to 6 du/gross Palm Beach Multi-family High Density (up to 13 du/gross Palm Beach acre) Commercial 93 5 Public 4 0 Recreation Private Group Use Approved PUD (up to 13 du/gross Palm Beach acre) Conservation 39 2 TOTAL* 2, II. TRANSPORTATION 1. Include language about development impacts from downtown West Palm in the Traffic circulation Element. Added additional language about traffic circulation and downtown west palm (pg. II-2). In addition, Town roadways are subject to traffic impacts resulting from developments in neighboring communities. Recent land use changes will result in increased density and intensity within the Transportation Concurrency Exemption are (TCEA) in downtown West Palm Beach. As a result it is expected to negatively affect traffic circulation both on and off the island. 2. Analysis is misspelled. Corrected spelling of Analysis (pg. II-7). ANALYSIS OF PROJECTED TRAFFIC AND NEEDS 3. Add table number II-1 to table. Added table number II-1 to table (pg. II-8). TABLE II-1 DAILY PEAK SEASON TRAFFIC COUNTS SELECTED LOCATIONS TOWN OF PALM BEACH

18 Memorandum III. HOUSING 1. Include language about lot combinations as well as subdividing of larger properties. Added Current trends in the Town have included the combination of smaller lots into larger properties as well as larger estates being subdivided (pg. III-5). Palm Beach is recognized as a high cost housing area. In 2014 the average just value of a singlefamily home in Palm Beach was $4.8 million and the average just value of a multi-family home was $584,977. The typical cost of a new single-family home built in the Town falls in the range of $500,000 to $1½ million. The typical cost of a new multi-family unit is expected to exceed $250,000. No rental housing is expected to be constructed, nor any housing valued below $150,000. Current trends in the Town have included the combination of smaller lots into larger properties as well as larger estates being subdivided. IV. INFRASTRUCTURE 1. How is water quality monitored? Added language regarding water quality (pg. IV-12). Raw water is treated by West Palm Beach according to FDEP water quality standards. Potable water emerging from the plant is tested daily for quality. Monthly reports, including tabulations of daily testing, are sent to the FDEP for review. The City prepares an annual Water Quality Report which can be reviewed on the City s website. Potable water quality has been consistently good, winning awards in recent years for its outstanding taste. According to West Palm Beach sources, water quality is expected to remain good, and no measures for further protection of quality are necessary. 2. Change increased to improved under opportunities. Changed increased to improved (pg. IV-18). Improved aesthetics for the entire community due to removal of wood and concrete poles. Enhanced utility reliability V. COASTAL MANAGEMENT / CONSERVATION 1. Include Florida Statutes to Policy 5.7. Added Florida Statutes to Policy 5.7 (pg. V-25). A copy of Florida Statutes (3) is attached for reference. POLICY 5.7 Explore the possibility with the Treasure Coast Regional Planning Council, pursuant to Florida Statutes (3) of designating the Town as an Area of Critical Concern as it relates to the 5

19 Memorandum shoreline, natural and historic resources and sea level rise. The basis for seeking this designation is the Florida Department of Environmental Protection (FDEP) June 2015 Study, Critically Eroded Beaches, noted the area extending south of Lake Worth Inlet along the town of Palm Beach (R76-R128) are 10.9 miles of critical erosion threatening private development, local parks, and State Road AIA. VI. RECREATION AND OPEN SPACE 1. Clarify ownership of Kreusler Park Clarified ownership of Kreusler Park (pg. VI-2). Kreusler Park is a Palm Beach County Park under the County's control, although it is located within the Town's corporate limits. 2. Include reference of new Recreational Center approval by Town Council. Added reference of new Recreational Center approval by Town Council. (pg. VI-9). In 2016, the Town conducted an extensive community survey regarding the Town s park and recreation facilities and opportunities. The survey lead to a needs assessment and master plan for the Town s Seaview Park and Recreation Center. Other park and recreation improvements were also identified. Subsequently, the Town Council approved plans for a new Recreational Center. VII. INTERGOVERNMENTAL COORDINATION No Changes. VIII. CAPITAL IMPROVEMENT 1. Include language about minimizing impacts of public improvement needs with quality of life. Added language regarding the balancing public improvement needs with general welfare and inconvenience (pg. VIII-1 and VIII-13). 9. Analysis of quality of life and timing issues balancing public improvement needs with general welfare and inconvenience. Quality of life and timing issues balancing public improvement needs with general welfare and inconvenience. 2. Clarify CIP schedules. Clarified appendices for different CIP schedules (pg. VIII-3). Table VIII-1 sets forth tthe Town s proposed Schedule of Capital Improvements (SCI) and budget for FY (carry-over) through FY are provided as appendices to this 6

20 Memorandum Element. Appendix A includes the Pay-as-you-Go schedule of improvements and Appendix B includes the Accelerated Capital Improvement Projects schedule. Appendix C is Recreation Fund capital improvements for FY2017 through FY2021. Theseis programs and budgets reflect the needs identified in the various Elements of the Comprehensive Plan as well as other capital needs identified by the Town. IX. HISTORIC PRESERVATION 1. Delete Optional from cover Deleted Optional from cover. OPTIONAL HISTORIC PRESERVATION ELEMENT 2. Update designation procedures to reflect the new process. Updated designation procedures (pgs. IX-6 &7). POLICY FOR THE ESTABLISHMENT OF SELECTION PRIORITIES With over 1, structures considered eligible for consideration as local landmarks, the Landmarks Preservation Commission has should established priorities to better facilitate the landmarking process. The Landmarks Commission Staff, in conjunction with an architectural history consultant should revisit each of the structures eligible for consideration annually every five years, and cross reference the site information with historical records housed in the Town of Palm Beach Department of Planning, Zoning and Building Records Office, and in the Historical Society of Palm Beach County. The research should result in a more focused list of structures, eligible for local designation under at least two of the Landmarks Preservation Ordinance's criteria. The sites on the resulting list should be categorized as either structures of primary significance, or as structures of secondary significance, and the list of primary sites should be distributed to the Landmarks Commissioners. Each commissioner should must independently visit every structure on the primary list, and nominate three structures of paramount priority and one alternate structure, in descending order. The priority list of properties will be established through this system prior to the Commission discussing the list at a public meeting. At said meeting, the Commission should actively discuss the properties listed during a presentation provided by the architectural history consultant, and select approximately ten (10) properties to be placed under consideration for landmark designation. The Commission can conduct this process over more than one meeting, and if staffing time permits, select more than ten (10) properties to put under consideration. The Landmarks Preservation Commission should then vote by motion to accept or deny this list, establishing a current priority list of properties, requesting that these sites be studied, and that reports be written. 7

21 Memorandum If at any time, a property owner feels that his/her property is eligible for designation as a local landmark, a request can be made to any Landmarks Preservation Commissioner to place nominate the structure to the list under consideration. The list of those properties put under consideration should be turned over to the an independent architectural history consultant who, with will research, evaluate and prepare a Designation Report for each property as prioritized by the Landmarks Commissioners. Tech Designation Reports should contain architectural and historical information on the structure, explanation of how each criteria for designation is met, and a recommendation to consider or not consider the structure as a landmark of the Town of Palm Beach. A public hearing should be announced and held to consider these properties individually in a public forum, allowing the property owners, their representatives, and members of the community to express their opinion relative to the recommendations of the consultant and staff as put forth in the Designation Report(s). After reviewing the information and recommendation of the consultant and the staff in the public forum, the Landmarks Commissioners should then vote to accept or deny the recommendation. If the Commissioners' vote favors accepting the structure as a landmark of the Town of Palm Beach, their decision will be sent to the Town Council for its final ratification. The property owner, his/her representative, or a member of the community may appeal at either level. This policy should be periodically revisited, and adjusted as necessary new structures should be evaluated for their consideration, every two years. A new survey should be undertaken every ten years to correct the historical errors of the earlier efforts, and to add those structures that cross the National Register threshold of 50 or more years old. X. PUBLIC SAFETY ELEMENT (NEW ELEMENT) 1. Delete Optional from Cover Deleted Optional PUBLIC SAFETY ELEMENT 2. Include policy referencing the Public Safety Director. Added Policy 1.1 referencing the Public Safety Director (pg. X-2). A copy of Florida Statutes Chapter 163 Part IV, Neighborhood Improvement Districts is attached for reference. OBJECTIVE 1 The Town of Palm Beach shall continue to maintain and enhance a high level of safety and security for residents and visitors of the Town. 8

22 Memorandum POLICY 1.1 Provide a coordinated and proactive public safety program through the Public Safety Director. POLICY 1.2 Maintain a well-trained and adequately-staffed police department dedicated to law enforcement activities within the Town. POLICY 1.3 Continue to ensure that excellent professionally maintained fire rescue services are provided within the Town. 9

23 .-. Statutes & Constitution :View Statutes: Online Sunshine Page 1 of23 PART IV NEIGHBORHOOD IMPROVEMENT DISTRICTS 163.SOl Short title. 163.S02 Legislative findings and purpose. 163.S03 Definitions. 163.S03S Safe neighborhood improvement districts; compliance with special district provisions. 163.S04 Safe neighborhood improvement districts; planning funds. 163.SOSS Registration of district establishment; notice of dissolution. 163.S06 Local government neighborhood improvement districts; creation; advisory council; dissolution. 163.S08 Property owners' association neighborhood improvement districts; creation; powers and duties; duration. 163.Sll Special neighborhood improvement districts; creation; referendum; board of directors; duration; extension. 163.S12 Community redevelopment neighborhood improvement districts; creation; advisory council; dissolution. 163.S13 Crime prevention through community policing innovations, environmental design, environmental security, and defensible space functions of neighborhood improvement districts. 163.S14 Powers of neighborhood improvement districts. 163.SlSl Fiscal management; budget preparation. 163.S16 Safe neighborhood improvement plans Safe Neighborhoods Program Duties of Department of Legal Affairs Neighborhood improvement district inside enterprise zone; funding Effect State redevelopment programs. 163.S23 Safe neighborhood districts; cooperation and involvement of community organizations. 163.S24 Neighborhood Preservation and Enhancement Program; participation; creation of Neighborhood Preservation and Enhancement Districts; creation of Neighborhood Councils and Neighborhood Enhancement Plans. 163.S26 Neighborhood Councils and local government designated agency; powers and duties Short title.-this part may be cited as the "Safe Neighborhoods Act." History.-s. SS, ch ; s. 1, ch Legislative findings and purpose.- (1) The Legislature hereby finds and declares that among the many causes of deterioration in the business and residential neighborhoods of the state are the following: proliferation of crime, automobile traffic flow strangled by outmoded street patterns, unsuitable topography, faulty lot layouts, fragmentation of land uses and parking areas necessitating frequent automobile movement, lack of separation of pedestrian areas from automobile traffic, lack of separation of vehicle traffic lanes and railroad traffic, and excessive noise levels from automobile traffic /2016

24 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of23 (2) The Legislature further finds and declares that safe neighborhoods are the product of planning and implementation of appropriate environmental design concepts, comprehensive crime prevention programs, land use recommendations, and beautification techniques. (3) The Legislature further finds and declares that the provisions of this part and the powers granted to local governments, property owners' associations, special dependent districts, and community redevelopment neighborhood improvement districts are desirable to guide and accomplish the coordinated, balanced, and harmonious development of safe neighborhoods; to promote the health, safety, and general welfare of these areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve property values and preserve and foster the development of attractive neighborhood and business environments; to prevent overcrowding and congestion; to improve or redirect automobile traffic and provide pedestrian safety; to reduce crime rates and the opportunities for the commission of crime; and to provide improvements in neighborhoods so they are defensible against crime. (4) It is the intent of the Legislature to assist local governments in implementing plans that employ crime prevention through community policing innovations, environmental design, environmental security, and defensible space techniques to establish safe neighborhoods. The Legislature, therefore, declares that the development, redevelopment, preservation, and revitalization of neighborhoods in this state, and all the purposes of this part, are public purposes for which public money may be borrowed, expended, loaned, and granted. History.-s. 56, ch ; s. 2, ch ; s. 11, ch Definitions.- (1) "Safe neighborhood improvement district," "district," or "neighborhood improvement district" means a district located in an area in which more than 75 percent of the land is used for residential purposes, or in an area in which more than 75 percent of the land is used for commercial, office, business, or industrial purposes, excluding the land area used for public facilities, and where there is a plan to reduce crime through the implementation of crime prevention through environmental design, environmental security, or defensible space techniques, or through community policing innovations. Nothing in this section shall preclude the inclusion of public land in a neighborhood improvement district although the amount of land used for public facilities is excluded from the land use acreage calculations. (2) "Association" means a property owners' association which is incorporated for the purpose of creating and operating a neighborhood improvement district. (3) "Department" means the Department of Legal Affairs. (4) "Board" means the board of directors of a neighborhood improvement district, which may be the governing body of a municipality or county or the officers of a property owners' association or the board of directors of a special neighborhood improvement district or community redevelopment neighborhood improvement district. (5) "Environmental security" means an urban planning and design process which integrates crime prevention with neighborhood design and community development. (6) "Crime prevention through environmental design" means the planned use of environmental design concepts such as natural access control, natural surveillance, and territorial reinforcement in a neighborhood or community setting which is designed to reduce criminal opportunity and foster positive social interaction among the legitimate users of that setting. us/statutes/index.cfin? App_ mode= Display_ Statute& URL=O /12/2016

25 Statutes & Constitution : View Statutes : Online Sunshine Page 3 of23 (7) "Defensible space" means an architectural perspective on crime prevention through physical design of the environment to create the ability to monitor and control the environment along individual perceived zones of territorial influence that result in a proprietary interest and a felt responsibility. (8) "Enterprise zone" means an area designated pursuant to s (9) "Community policing innovation" means techniques or strategies as defined by s History.-s. 57, ch ; s. 24, ch ; s. 3, ch ; s. 61, ch ; s. 12, ch Safe neighborhood improvement districts; compliance with special district provisions.-any special district created pursuant to this part shall comply with all applicable provisions contained in chapter 189. In cases where a provision contained in this part conflicts with a provision in chapter 189, the provision in chapter 189 shall prevail. History.-s. 4, ch Safe neighborhood improvement districts; planning funds.- (1) The governing body of any municipality or county may authorize the formation of safe neighborhood improvement districts through the adoption of a planning ordinance which specifies that such districts may be created by one or more of the methods established in ss , , , and No district may overlap the jurisdictional boundaries of a municipality and the unincorporated area of a county, except by interlocal agreement. (2) If the governing body of a municipality or county elects to create a safe neighborhood improvement district, it shall be eligible to request a grant from the Safe Neighborhoods Program, created pursuant to s and administered by the Department of Legal Affairs, to prepare a safe neighborhood improvement plan for the district. (3) Municipalities and counties may implement the provisions of this section without planning funds from the Department of Legal Affairs. However, nothing in this section shall be construed to exempt any district from the requirements of providing a safe neighborhood improvement plan pursuant to s History.-s. 58, ch ; s. 25, ch ; s. 5, ch ; s. 10, ch Registration of district establishment; notice of dissolution.- (1)(a) Each neighborhood improvement district authorized and established under this part shall within 30 days thereof register with both the Department of Economic Opportunity and the Department of Legal Affairs by providing these departments with the district's name, location, size, and type, and such other information as the departments may require. (b) Each local governing body that authorizes the dissolution of a district shall notify both the Department of Economic Opportunity and the Department of Legal Affairs within 30 days after the dissolution of the district. (2) This section shall apply to all neighborhood improvement districts established on or after July 1, History.-s. 6, ch ; s. 18, ch Local government neighborhood improvement districts; creation; advisory council; dissolution.- (1) After a local planning ordinance has been adopted authorizing the creation of local government neighborhood improvement districts, the local governing body of a municipality App_ mode= Display_ Statute&URL=O /2016

26 Statutes & Constitution : View Statutes : Online Sunshine Page 4 of23 or county may create local government neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance: (a) Specifies the boundaries, size, and name of the district. (b) Authorizes the district to receive a planning grant from the department. (c) Authorizes the local government neighborhood improvement district to levy an ad valorem tax on real and personal property of up to 2 mills annually. ( d) Authorizes the use of special assessments to support planning and implementation of district improvements pursuant to the provisions of s (16), including community policing innovations. (e) Designates the local governing body as the board of directors of the district. (f) Establishes an advisory council to the board of directors comprised of property owners or residents of the district. (g) May prohibit the use of any district power authorized by s (h) Requires the district to notify the Department of Legal Affairs and the Department of Economic Opportunity in writing of its establishment within 30 days thereof pursuant to s (2) The advisory council shall perform such duties as may be prescribed by the governing body and shall submit within the time period specified by the governing body, acting as the board of directors, a report on the district's activities and a proposed budget to accomplish its objectives. In formulating a plan for services or improvements the advisory board shall consult in public session with the appropriate staff or consultants of the local governing body responsible for the district's plan. (3) As an alternative to designating the local governing body as the board of directors, a majority of the local governing body of a city or county may appoint a board of three to seven directors for the district who shall be residents of the proposed area and who are subject to ad valorem taxation in the residential neighborhood improvement district or who are property owners in a commercial neighborhood improvement district. The directors shall be appointed for staggered terms of 3 years. The initial appointments shall be as follows: one director for a 1-year term; one director for a 2-year term; and one director for a 3-year term. If more than three directors are to be appointed, the additional members shall initially be appointed for 3-year terms. Vacancies shall be filled for the unexpired portion of a term in the same manner as the initial appointments were made. Each director shall hold office until his or her successor is appointed and qualified unless the director ceases to be qualified or is removed from office. Upon appointment and qualification and in January of each year, the directors shall organize by electing from their number a chair and a secretary. (4) A district may be dissolved by the governing body by rescinding the ordinance creating the district. The governing body shall consider rescinding the ordinance if presented with a petition containing the signatures of 60 percent of the residents of a district. History.-s. 59, ch ; s. 26, ch ; s. 7, ch ; s. 907, ch ; s. 13, ch ; s. 19, ch Property owners' association neighborhood improvement districts; creation; powers and duties; duration.- (1) After a local planning ordinance has been adopted authorizing the creation of property owners' association neighborhood improvement districts, the local governing body of a _Statute&URL=Ol /2016

27 Statutes & Constitution :View Statutes: Online Sunshine Page 5 of23 municipality or county may create property owners' association neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance: (a) Establishes that an incorporated property owners' association representing 75 percent of all owners of property within a proposed district meeting the requirements of this section has petitioned the governing body of the municipality or county for creation of a district for the area encompassed by the property owned by members of the association. (b) Specifies the boundaries, size, and name of the district. (c) Authorizes the governing body through mutual agreement with the property owners' association to: 1. Request a matching grant from the state's Safe Neighborhoods Program to prepare the first year's safe neighborhood improvement plan. The provider of the local match for the state grant shall be mutually agreed upon between the governing body and the property owners' association. The governing body may agree to provide the match as a no-interestbearing loan to be paid back from assessments imposed by the association on its members or shareholders. 2. Provide staff and other technical assistance to the property owners' association on a mutually agreed-upon basis, contractual or otherwise. 3. Prepare the first year's safe neighborhood improvement plan, which shall comply with and be consistent with the governing body's adopted comprehensive plan. (d) Provides for an audit of the property owners' association. (e) Designates the officers of the incorporated property owners' association as the board of directors of the district. (f) May prohibit the use of any district power authorized by s (g) Requires the district to notify the Department of Legal Affairs and the Department of Economic Opportunity in writing of its establishment within 30 days thereof pursuant to s (2) In order to qualify for the creation of a neighborhood improvement district, the property owners shall form an association in compliance with this section, or use an existing property owners' association in compliance with this section, which shall be a corporation, for profit or not for profit, and of which not less than 75 percent of all property owners within the proposed area have consented in writing to become members or shareholders. Upon such consent by 75 percent of the property owners in the proposed district, all consenting property owners and their successors shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, the covenants, the deed restrictions, the indentures, and any other properly promulgated restrictions. The association shall have no member or shareholder who is not a bona fide owner of property within the proposed district. Upon receipt of its certificate of incorporation, the property owners' association shall notify the clerk of the city or county court, whichever is appropriate, in writing, of such incorporation and shall list the names and addresses of the officers of the association. (3) Any incorporated property owners' association operating pursuant to this part shall have the power: (a) To negotiate with the governing body of a municipality or county for closing, privatizing, or modifying the rights-of-way, and appurtenances thereto, within the district. 1/12/2016

28 Statutes & Constitution :View Statutes: Online Sunshine Page 6 of23 (b) To utilize various legal instruments such as covenants, deed restrictions, and indentures to preserve and maintain the integrity of property, land, and rights-of-way owned and conveyed to it within the district. (c) To make and collect assessments against all property within the boundaries of the district pursuant to the provisions of s (16) and to lease, maintain, repair, and reconstruct any privatized street, land, or common area within the district upon dedication thereof to the association. (d) Without the joinder of any property owner, to modify, move, or create any easement for ingress and egress or for the purpose of utilities, if such easement constitutes part of or crosses district property. However, this shall not authorize the association to modify or move any easement which is created in whole or in part for the use or benefit of anyone other than association members, or which crosses the property of anyone other than association members, without the consent or approval of such person as required by law or by the instrument creating the easement. Nothing in this paragraph shall affect the rights of ingress or egress of any member of the association. ( 4) A property owners' association neighborhood improvement district shall continue in perpetuity as long as the property owners' association created pursuant to this section exists under the applicable laws of the state. History.-s. 60, ch ; s. 27, ch ; s. 8, ch ; s. 11, ch ; s. 20, ch Special neighborhood improvement districts; creation; referendum; board of directors; duration; extension.- (1) After a local planning ordinance has been adopted authorizing the creation of special neighborhood improvement districts, the governing body of a municipality or county may declare the need for and create special residential or business neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance: (a) Conditions the implementation of the ordinance on the approval of a referendum as provided in subsection (2). (b) Authorizes the special neighborhood improvement district to levy an ad valorem tax on real and personal property of up to 2 mills annually. ( c) Authorizes the use of special assessments to support planning and implementation of district improvements pursuant to the provisions of s (16), including community policing innovations. (d) Specifies the boundaries, size, and name of the district. (e) Authorizes the district to receive a planning grant from the department. (f) Provides for the appointment of a 3-member board of directors for the district. (g) May authorize a special neighborhood improvement district to exercise the power of eminent domain pursuant to chapters 73 and 74. Any property identified for eminent domain by the district shall be subject to the approval of the local governing body before eminent domain procedures are exercised. (h) May prohibit the use of any district power authorized bys (i) Requires the district to notify the Department of Legal Affairs and the Department of Economic Opportunity in writing of its establishment within 30 days thereof pursuant to s App _mode= Display _Statute&URL=Ol /2016

29 Statutes & Constitution : View Statutes : Online Sunshine Page 7 of23 (j) May authorize a special neighborhood improvement district to develop and implement community policing innovations in consultation with the local law enforcement agency having jurisdiction within the district boundaries. (2) A referendum to implement a special residential or business neighborhood improvement district shall be held within 120 days after the occurrence of one of the following: (a) The governing body of the municipality or county declares, by the enactment of a separate ordinance pursuant to subsection (1), that there is a need for a special residential or business neighborhood improvement district to function within a proposed area; or (b) A petition containing the signatures of 40 percent of the electors of a proposed special residential neighborhood improvement district area or 20 percent of the property owners of a proposed special business neighborhood improvement district area is presented to the county commission of a county, if the proposed area is located in the unincorporated area of the county, or to the governing body of a municipality, if the proposed area is located within the incorporated limits of the municipality. The petition shall define the proposed area and shall state that it is for the purpose of calling a referendum to determine whether a special residential or business neighborhood improvement district should be created in such proposed area. (3)(a) The referendum to implement a special residential neighborhood improvement district ordinance shall be held as prescribed in this subsection. (b) Within 45 days from the date the governing body of the municipality or county, whichever is appropriate, enacts an ordinance pursuant to subsection (1), or is presented with a petition pursuant to paragraph (2)(b), so that the boundaries of the proposed improvement district are defined, the city clerk or the supervisor of elections, whichever is appropriate, shall certify such ordinance or petition and compile a list of the names and last known addresses of the electors in the proposed special residential neighborhood improvement district from the list of registered voters of the county as of the last day of the month preceding that in which the ordinance was enacted or the petition was presented, and the same shall constitute the registration list for the purposes of the referendum required under this subsection, except as otherwise provided in this subsection. (c) Within 45 days from compilation of the voter registration list pursuant to paragraph (b}, the city clerk or the supervisor of elections shall notify each such elector of the general provisions of this section, including the taxing authority and the date of the upcoming referendum. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located. (d) Any resident of the district whose name does not appear on the list compiled pursuant to paragraph (b) may register to vote as provided by law. The registration list shall remain open for 75 days after enactment of the ordinance defining the special neighborhood improvement district or after presentation of the petition calling for creation of the district. (e}l. Within 15 days after the closing of registration, the city clerk or the supervisor of elections shall send a ballot to each elector at his or her last known mailing address by firstclass United States mail. The ballot shall include: a. A description of the general provisions of this section applicable to special residential neighborhood improvement districts; and b. Immediately following said information, the following: App_ mode= Display_ Statute&URL=O /12/2016

30 Statutes & Constitution : View Statutes : Online Sunshine Page 8 of23 "Do you favor the creation of the the levy of up to 2 mills of ad valorem taxes by such proposed district? Yes, for the Special Residential Neighborhood Improvement District. Special Residential Neighborhood Improvement District and approve No, against the Special Residential Neighborhood Improvement District." 2. Ballots shall be returned by United States mail, or by personal delivery. (f) All ballots received within 120 days after enactment of the ordinance or presentation of the petition defining the district shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city council or county commission no later than 5 days after said 120-day period. (g) The electors shall be deemed to have approved of the provisions of this section at such time as the city clerk or the supervisor of elections certifies to the governing body of the municipality or county that approval has been given by a majority of the electors voting in the referendum. (4)(a) The referendum to implement a special business neighborhood improvement district ordinance shall be held as prescribed in this subsection. (b) Within 45 days from the date the governing body of the municipality or county, whichever is appropriate, enacts an ordinance pursuant to subsection (1), or is presented with a petition pursuant to paragraph (2)(b), so that the boundaries of the proposed improvement district are defined, the city clerk or the supervisor of elections, whichever is appropriate, shall certify such ordinance or petition and compile a list of the names and last known addresses of the freeholders in the proposed special business neighborhood improvement district from the tax assessment roll of the county applicable as of the thirtyfirst day of December in the year preceding the year in which the ordinance was enacted or the petition was presented, and the same shall constitute the registration list for the purposes of the freeholders' referendum required under this subsection, except as otherwise provided in this subsection. ( c) Within 45 days from compilation of the freeholders' registration list pursuant to paragraph (b), the city clerk or the supervisor of elections shall notify each such freeholder of the general provisions of this section, including the taxing authority and the date of the upcoming referendum, and the method provided for submitting corrections to the registration list should the status of the freeholder have changed since the compilation of the tax rolls. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located. (d) Any freeholder whose name does not appear on the tax rolls compiled pursuant to paragraph (b) may register to vote with the city clerk or the supervisor of elections. The registration list shall remain open for 75 days after enactment of the ordinance defining the special business neighborhood improvement district or after presentation of the petition calling for creation of the district. (e)1. Within 15 days after the closing of the registration list, the city clerk or the supervisor of elections shall send a ballot to each registered freeholder at his or her last known mailing address by first-class United States mail. The ballot shall include: /2016

31 Statutes & Constitution : View Statutes : Online Sunshine Page 9 of23 a. A description of the general provisions of this section applicable to special business neighborhood improvement districts; b. The assessed value of the freeholder's property; c. The percent of the freeholder's interest in such property; and d. Immediately following said information, the following: "Do you favor the creation of the Special Business Neighborhood Improvement District and approve the levy of up to 2 mills of ad valorem taxes by such proposed district? Yes, for the Special Business Neighborhood Improvement District. No, against the Special Business Neighborhood Improvement District." 2. Ballots shall be returned by United States mail or by personal delivery. (f) All ballots received within 120 days after enactment of the ordinance or presentation of the petition defining the district shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city council or county commission no later than 5 days after said 120-day period. (g) The freeholders shall be deemed to have approved of the provisions of this section at such time as the city clerk or the supervisor of elections certifies to the governing body of the municipality or county that approval has been given by freeholders representing in excess of 50 percent of the assessed value of the property within the special business neighborhood improvement district. (S)(a) The city clerk or the supervisor of elections, whichever is appropriate, shall enclose with each ballot sent pursuant to this section two envelopes: a secrecy envelope, into which the elector or freeholder shall enclose the marked ballot; and a mailing envelope, into which the elector or freeholder shall then place the secrecy envelope, which shall be addressed to the city clerk or the supervisor of elections. The back side of the mailing envelope shall bear a certificate in substantially the following form: Note: Please Read Instructions Carefully Before Marking Ballot and Completing Voter's Certificate. VOTER'S CERTIFICATE I,, am a duly qualified and registered (voter or freeholder, whichever is appropriate) of the proposed (name) (Special Residential or Business, whichever is appropriate) Neighborhood Improvement District; and I am entitled to vote this ballot. I do solemnly swear or affirm that I have not and will not vote more than one ballot in this election. I understand that failure to sign this certificate and have my signature witnessed will invalidate my ballot. (Voter's Signature) Note: Your Signature Must Be Witnessed By One Witness 18 Years of Age or Older as provided in the Instruction Sheet. I swear or affirm that the elector signed this Voter's Certificate in my presence. us/statutes/index.cfm? App_ mode= Display_ Statute&URL=O /12/2016

32 Statutes & Constitution :View Statutes: Online Sunshine Page 10 of23 (Signature of Witness) (Address) (City /State) (b) The certificate shall be arranged on the back of the mailing envelope so that the lines for the signatures of the elector or freeholder and the attesting witness are across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the elector, freeholder, or witness must cross the seal of the envelope. The elector or freeholder and the attesting witness shall execute the certificate on the envelope. (6) The city clerk or the supervisor of elections shall enclose with each ballot sent to an elector or freeholder pursuant to this section separate printed instructions in substantially the following form: READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT. 1. VERY IMPORTANT. In order to ensure that your ballot will be counted, it should be completed and returned as soon as possible so that it can reach the city clerk or the supervisor of elections no later than 7 p.m. on the (final day of the 120-day period given here). 2. Mark your ballot in secret as instructed on the ballot. 3. Place your marked ballot in the enclosed secrecy envelope. 4. Insert the secrecy envelope into the enclosed mailing envelope, which is addressed to the city clerk or the supervisor of elections. 5. Seal the mailing envelope and completely fill out the Voter's Certificate on the back of the mailing envelope. 6. VERY IMPORTANT. Sign your name on the line provided for "(Voter's Signature)." 7. VERY IMPORTANT. In order for your ballot to be counted, it must include the signature and address of a witness 18 years of age or older affixed to the Voter's Certificate. 8. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed. (7) The business and affairs of a special neighborhood improvement district shall be conducted and administered by a board of three directors who shall be residents of the proposed area and who are subject to ad valorem taxation in the district. Upon their appointment and qualification and in January of each year, the directors shall organize by electing from their number a chair and a secretary, and may also employ staff and legal representatives as deemed appropriate, who shall serve at the pleasure of the board and may receive such compensation as shall be fixed by the board. The secretary shall keep a record of the proceedings of the district and shall be custodian of all books and records of the district. The directors shall not receive any compensation for their services, nor may they be employed by the district /2016

33 Statutes & Constitution :View Statutes: Online Sunshine Page 11 of23 (8) Within 30 days of the approval of the creation of a special neighborhood improvement district, if the district is in a municipality, a majority of the governing body of the municipality, or if the district is in the unincorporated area of the county, a majority of the county commission, shall appoint the three directors provided for herein for staggered terms of 3 years. The initial appointments shall be as follows: one for a 1-year term, one for a 2-year term, and one for a 3-year term. Each director shall hold office until his or her successor is appointed and qualified unless the director ceases to be qualified to act as a director or is removed from office. Vacancies on the board shall be filled for the unexpired portion of a term in the same manner as the initial appointments were made. (9) Reappointment of the directors shall be accomplished in the same manner as the original appointments by the governing body of the municipality or county 2 months prior to the reappointment date. (10) The governing body of a municipality or county may remove a director for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsel. A vacancy so created shall be filled as provided herein. (11) The district may employ a manager, who shall be a person of recognized ability and experience, to serve at the pleasure of the district. The manager may employ such employees as may be necessary for the proper administration of the duties and functions of the district. However, the district shall approve such positions and fix compensation for such employees. The district may contract for the services of attorneys, engineers, consultants, and agents for any lawful purpose of the district. (12) The directors shall be subject to the code of ethics for public officers and employees as set forth in part III of chapter 112 and to the requirements of the public records law and public meetings law in chapters 119 and 286, respectively. (13) Any special neighborhood improvement district created pursuant to this part shall cease to exist at the end of the tenth fiscal year of operation. Such a district may continue in operation for subsequent 10-year periods if the continuation of the district is approved at a referendum conducted pursuant to this part. Said referendum shall be held upon one of the occurrences specified in subsection (2). Should the district cease to exist, all property owned by the district shall become property of the municipality or county in which the district is located. (14) In the event the district is dissolved, the property owners in the district shall make alternate arrangements acceptable to the debtholders and local governments pertaining to payment of debts. History.-s. 61, ch ; s. 28, ch ; s. 9, ch ; s. 908, ch ; s. 10, ch ; s. 14, ch ; s. 29, ch ; s. 21, ch Community redevelopment neighborhood improvement districts; creation; advisory council; dissolution.- (!) Upon the recommendation of the community redevelopment agency and after a local planning ordinance has been adopted authorizing the creation of community redevelopment neighborhood improvement districts, the local governing body of a municipality or county may create community redevelopment neighborhood improvement districts by the enactment of a separate ordinance for each district, which ordinance: 1/12/2016

34 Statutes & Constitution : View Statutes : Online Sunshine Page 12 of23 (a) Specifies the boundaries, size, and name of the district. (b) Authorizes the district to receive a planning grant from the department. (c) Authorizes the use of the community redevelopment trust fund created pursuant to s for the purposes of implementing the safe neighborhood improvement plan and furthering crime prevention through community policing innovations, environmental design, environmental security, and defensible space techniques, if expenditures from the community redevelopment trust fund are consistent with the community redevelopment plan created pursuant to s (d) Designates the community redevelopment board of commissioners established pursuant to s ors as the board of directors for the district. (e) Establishes an advisory council to the board of directors comprised of property owners or residents of the district. (f) May prohibit the use of any district power authorized bys (g) Requires that the safe neighborhood improvement plan be consistent with the community redevelopment plan created pursuant to s , and permits the safe neighborhood improvement plan to be included in the community redevelopment plan as an optional element. (h) Requires that the boundaries of the community redevelopment district be contained in whole within the community redevelopment area established pursuant to ss and (i) Requires the district to notify the Department of Legal Affairs and the Department of Economic Opportunity in writing of its establishment within 30 days thereof pursuant to s (2) The advisory council shall perform such duties as may be prescribed by the community redevelopment board established pursuant to s and shall submit within the time period specified by the board of directors a report on the district's activities and a proposed budget to accomplish its objectives. In formulating a plan for services or improvements, the advisory council shall consult in public session with the appropriate staff or consultants of the community redevelopment board responsible for the district's plan. (3) A district may be dissolved by the local governing body by rescinding the ordinance creating the district. The governing body shall consider rescinding the ordinance if presented with a petition containing the signatures of 60 percent of the residents of a district. History.-s. 10, ch ; s. 15, ch ; s. 22, ch Crime prevention through community policing innovations, environmental design, environmental security, and defensible space functions of neighborhood improvement districts.-all boards of local governments, property owners' associations, special neighborhood improvement districts, and community redevelopment neighborhood improvement districts created pursuant to this part shall: (1) Collect data on the types, frequency, severity, and location of criminal activity occurring in the district, including determination, from surveys and other research techniques, of the level of crime as perceived by neighborhood residents and comparison of the types of crime in the district on a per capita, citywide, and countywide basis. (2) Provide an analysis of crimes related to land use and environmental and physical conditions of the district, giving particular attention to factors which support or create opportunities for crime, which impede natural surveillance, which encourage free circulation 1/12/2016

35 Statutes & Constitution :View Statutes: Online Sunshine Page 13 of23 through the district, or which hinder the defense of social territories perceived by residents as under control. Any factor used to define or describe the conditions of the physical environment can serve as the basis of a crime-to-environment relationship. These factors include streets, alleys, sidewalks, residential blocks, position of dwellings on a block, single vs. multifamily dwellings, abandoned houses, parking areas and parking lots, informal pathways, functional areas of the environment, traffic flow patterns, and the existence of barriers such as fences, walls, gullies, and thick vegetation. (3) Determine, from surveys and other data collection techniques, areas within the district where modification or closing of, or restriction of access to, certain streets in a manner consistent with crime prevention through community policing innovations, environmental design, environmental security, and defensible space principles would assist crime prevention and enhance neighborhood security for property owners and residents. (4) Formulate and maintain on a current basis for each district short-range and long-range projects and plans which the crime-to-environment analysis, including surveys and citizen participation, has determined are applicable and utilize crime prevention through community policing innovations, environmental design, environmental security, and defensible space strategies and tactics which will improve the attractiveness and security of the district by reducing criminal activity, will stabilize neighborhoods and enhance property values within the district, will promote proper use and informal control of residential streets within the district, will improve public facilities and amenities and provide for territorial control of streets and areas within the district by legitimate users, and will increase the probability that persons who commit crimes in the district will be apprehended. (5) Prepare and initiate actions deemed most suitable for implementing safe neighborhood improvement plans, including modifications to existing street patterns and removal, razing, renovation, reconstruction, remodeling, relocation, and improvement of existing structures and facilities, and addition of new structures and facilities, and coordination with other agencies providing relevant informational, educational, and crime prevention services. The preparation of actions for implementation shall utilize crime prevention through community policing innovations, environmental design, environmental security, and defensible space strategies and tactics. (6) Participate in the implementation and execution of safe neighborhood improvement plans, including any establishment, acquisition, construction, ownership, financing, leasing, licensing, operation, and management of publicly owned or leased facilities deemed beneficial in effecting such implementation for the public purposes stipulated in s However, this subsection shall not give the board, association, or district any power or control over any city or county property unless and until assigned to it by the city or county governing body. This subsection shall not be construed to give neighborhood improvement districts the power to restrict access to or prohibit the use of public facilities for lawful purposes. (7) Ensure that all capital improvements within the district are consistent with the capital improvement elements of the applicable local government comprehensive plans. History.-s. 62, ch ; s. 11, ch ; s. 16, ch Powers of neighborhood improvement districts.-unless prohibited by ordinance, the board of any district shall be empowered to: (1) Enter into contracts and agreements and sue and be sued as a body corporate. (2) Have and use a corporate seal. us/statutes/index.cfm? App_ mode=display _ Statute&URL=O /12/2016

36 Statutes & Constitution :View Statutes: Online Sunshine Page 14 of23 (3) Acquire, own, convey, or otherwise dispose of, lease as lessor or lessee, construct, maintain, improve, enlarge, raze, relocate, operate, and manage property and facilities of whatever type to which it holds title and grant and acquire licenses, easements, and options with respect thereto. (4) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source. (5) Have exclusive control of funds legally available to it, subject to limitations imposed by law or by any agreement validly entered into by it. (6) Cooperate and contract with other governmental agencies or other public bodies. (7) Contract for services of planning consultants, experts on crime prevention through community policing innovations, environmental design, environmental security, or defensible space, or other experts in areas pertaining to the operations of the board of directors or the district. (8) Contract with the county or municipal government for planning assistance, and for increased levels of law enforcement protection and security, including additional personnel. (9) Promote and advertise the commercial advantages of the district so as to attract new businesses and encourage the expansion of existing businesses. (10) Promote and advertise the district to the public and engage in cooperative advertising programs with businesses located in the district. (11) Improve street lighting, parks, streets, drainage, utilities, swales, and open areas, and provide safe access to mass transportation facilities in the district. (12) Undertake innovative approaches to securing neighborhoods from crime, such as crime prevention through community policing innovations, environmental design, environmental security, and defensible space. (13) Privatize, close, vacate, plan, or replan streets, roads, sidewalks, and alleys, subject to the concurrence of the local governing body and, if required, the state Department of Transportation. (14) Prepare, adopt, implement, and modify a safe neighborhood improvement plan for the district. (15) Identify areas with blighted influences, including, but not limited to, areas where unlawful urban dumping or graffiti are prevalent, and develop programs for eradication thereof. (16)(a) Subject to referendum approval, make and collect special assessments pursuant to ss and to pay for improvements to the district and for reasonable expenses of operating the district, including the payment of expenses included in the district's budget, subject to an affirmative vote by a majority of the registered voters residing in the district. Such assessments shall not exceed $500 for each individual parcel of land per year. Notwithstanding the provisions of s , the referendum to approve the special assessment shall be by mail ballot. (b) In order to implement this subsection, the city clerk or the supervisor of elections, whichever is appropriate, shall compile a list of the names and last known addresses of the electors in the neighborhood improvement district from the list of registered voters of the county as of the last day of the preceding month. The same shall constitute the registration list for the purposes of a referendum. Within 45 days after compilation of the voter registration list, the city clerk or the supervisor of elections shall notify each elector of the 1/12/2016

37 Statutes & Constitution :View Statutes: Online Sunshine Page 15 of23 general provisions of this section, including the taxing authority and the date of the upcoming referendum. Notification shall be by United States mail and, in addition thereto, by publication one time in a newspaper of general circulation in the county or municipality in which the district is located. ( c) Any resident of the district whose name does not appear on the list compiled pursuant to paragraph (b) may register to vote as provided by law. The registration list shall remain open for 75 days after the notification required in paragraph (b). (d) Within 15 days after the closing of registration, the city clerk or the supervisor of elections shall send a ballot to each elector at his or her last known mailing address by firstclass United States mail. The ballot shall include: 1. A description of the general provisions of this section applicable to the neighborhood improvement district; and 2. Immediately following said information, the following: "Do you favor the imposition of a special assessment of not greater than $500 for each individual parcel of land per year to pay for the expenses of operating the neighborhood improvement district? Yes, for the special assessment. No, against the special assessment." (e) Ballots shall be returned by United States mail or by personal delivery. (f) All ballots received within 60 days after the closing of registration shall be tabulated by the city clerk or the supervisor of elections, who shall certify the results thereof to the city governing body or county commission no later than 5 days after said 60-day period. (17) Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing powers. History.-s. 63, ch ; s. 29, ch ; s. 12, ch ; s. 909, ch ; s. 17, ch Fiscal management; budget preparation.- (1) Subject to agreement with the local governing body, all funds of the districts created pursuant to this part shall be received, held, and secured in the same manner as other public funds by the appropriate fiscal officers of the municipality in which the district is located, or the county if the district is located in the unincorporated portion of the county. The funds of the district shall be maintained under a separate account, shall be used for purposes authorized by this part, and shall be disbursed only by direction of or with approval of the district pursuant to requisitions signed by the manager or other designated chief fiscal officer of the district and countersigned by at least one other member of the board. (2) The district bylaws shall provide for maintenance of minutes and other official records of its proceedings and actions; for preparation and adoption of an annual budget for each ensuing fiscal year; for internal supervision and control of its accounts, which function the appropriate city or county fiscal officers may perform for the district at its request; and for an external audit at least annually by an independent certified public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the district. A copy of the external audit shall be filed with the city clerk or the clerk of the court, whichever is appropriate, within 90 days after the end of each fiscal year. The bylaws shall specify the means by which /2016

38 Statutes & Constitution :View Statutes: Online Sunshine Page 16 of23 each of these functions is to be performed and, as to those functions assigned to district personnel, the manner and schedule of performance. (3) Each special neighborhood improvement district shall establish its budget pursuant to the provisions of chapter 200. Prior to adoption of the final budget and setting of the millage rate to be levied by the board, the board shall submit a tentative budget and proposed millage rate of the district to the governing body of the municipality in which the district is located, or to the county if the district is located in the unincorporated portion of the county, for approval or disapproval. Such governing body shall have the power to modify the budget or millage submitted by the board. Subsequent to approval, the board shall adopt its final budget and millage rate in accordance with the requirements of chapter 200. (4) At the option of the county property appraiser for the county within which the neighborhood improvement district is located, the assessments levied by the district shall be collected in the same manner as all ad valorem taxes if so requested by the local governing body pursuant to s History.-s. 64, ch ; s. 30, ch ; s. 13, ch Safe neighborhood improvement plans.- (1) A safe neighborhood improvement plan is mandated for all neighborhood improvement districts. The plan shall contain at least the following elements: (a) Demographics of the district. (b) Crime activity data and analysis. ( c) Land use, zoning, housing, and traffic analysis. (d) Determination of the problems of the crime-to-environment relationship and the stability of the neighborhood improvement district. (e) Statement of the district's goal and objectives. (f) Assessment of crime prevention through community policing innovations, environmental design, environmental security, and defensible space strategies and tactics that will be applied to the crime-to-environment relationship problems. (g) Cost estimates and the methods of financing. (h) Outline of program participants and their functions and responsibilities. (i) Schedule for executing program activities. (j) Evaluation guidelines. (2) Every safe neighborhood improvement plan shall show, by diagram and by general explanation: (a) Such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature. (b) Specific identification of any publicly funded capital improvement projects to be undertaken within the district. (c) Adequate assurances that the improvements will be carried out pursuant to the plan. (d) Provision for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body of the municipality in which the district is located, or the county if the district is located in the unincorporated portion of the county, deems necessary to effectuate the purposes of this part. (e) Projected costs of improvements, including the amount to be expended on publicly funded capital improvement projects in the district and any indebtedness of the district, the App_ mode= Display_ Statute&URL=O /12/2016

39 Statutes & Constitution : View Statutes : Online Sunshine Page 17 of23 county, or the municipality proposed to be incurred if such indebtedness is to be repaid with district revenues. (f) Promotion of advertising programs to be undertaken by the district or in conjunction with businesses in the district. (g) Suggested physical improvements necessary for the safety of residents in or visitors to the district. (h) Law enforcement and security plans for the district. (3) The safe neighborhood improvement plan shall: (a) Be consistent with the adopted comprehensive plan for the county or municipality pursuant to the Community Planning Act. No district plan shall be implemented unless the local governing body has determined said plan is consistent. (b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, street modifications, redevelopment, and rehabilitation as may be proposed to be carried out in the district. (c) Provide some method for and measurement of the reduction of crime within the district. (4) The county, municipality, or district may prepare or cause to be prepared a safe neighborhood improvement plan, or any person or agency, public or private, may submit such a plan to a district. Prior to its consideration of a safe neighborhood improvement plan, the district shall submit such plan to the local governing body for review and written approval as to its consistency with the local government comprehensive plan. The district must be notified of approval or disapproval within 60 days after receipt of the plan for review, and a revised version of the plan may be submitted to satisfy any inconsistencies. The district may not proceed with the safe neighborhood improvement plan until final approval is given by the local governing body. (5) Prior to adoption of the safe neighborhood improvement plan, the board shall hold a public hearing on the plan after public notice thereof by publication in a newspaper of general circulation in the county or municipality in which the district is located. The notice shall describe the time, date, place, and purpose of the hearing; identify the boundaries of the district; and outline the general scope of the plan. (6) The board, after the public hearing, may approve the safe neighborhood improvement plan if it finds: (a) The plan has been approved as consistent with the local comprehensive plan by the local governing body; and (b) The plan will improve the promotion, appearance, safety, security, and public amenities of the neighborhood improvement district as stipulated in s (7) If, at any time after approval of the safe neighborhood improvement plan, it becomes desirable to amend or modify the plan, the board may do so. Prior to any such amendment or modification, the board shall obtain written approval of the local governing body concerning conformity to the local government comprehensive plan and hold a public hearing on the proposed amendment or modification after public notice thereof by publication in a newspaper of general circulation in the county or municipality in which the district is located. The notice shall describe the time, place, and purpose of the hearing and generally describe the proposed amendment or modification. (8) Pursuant to s , the governing body of a municipality or county shall hold two public hearings to consider the board-adopted safe neighborhood improvement plan as an _ mode=display _Statute&URL=Ol /2016

40 Statutes & Constitution :View Statutes: Online Sunshine Page 18 of23 amendment or modification to the municipality's or county's adopted local comprehensive plan. (9) A safe neighborhood improvement plan for each district shall be prepared and adopted by the municipality or county prior to the levy and expenditure of any of the proceeds of any tax assessment or fee authorized to such districts other than for the preparation of the safe community or business improvement plan. History.-s. 65, ch ; s. 14, ch ; s. 14, ch ; s. 18, ch ; s. 34, ch Safe Neighborhoods Program.- (1) The Safe Neighborhoods Program is hereby created. The purpose of the program shall be to provide planning grants and technical assistance on a 100-percent matching basis to the neighborhood improvement districts authorized by this part. Planning grants shall be awarded to eligible applicants, pursuant to the process described in subsections (2) and (3), as follows: (a) Property owners' association neighborhood improvement districts may receive up to $20,000. (b) Local government neighborhood improvement districts may receive up to $100,000. (c) Special neighborhood improvement districts may receive up to $50,000. (d) Community redevelopment neighborhood improvement districts may receive up to $50,000. (2) Applications for planning grants from the Safe Neighborhoods Program shall be considered when the following criteria are met: (a) Verification that the local governing body has passed an ordinance creating neighborhood improvement districts. (b) Verification of commitment to provide matching funds for purposes of planning for neighborhood improvement districts. A local match may include in-kind services such as office space and supplies. The fair market value of such in-kind services must be documented. (3) All applications determined to be eligible for consideration shall be reviewed, evaluated, and rank ordered based on the following criteria: (a) Evidence of commitment from neighborhood organizations, homeowners, property owners, business or merchant's associations, or concerned individuals to participate in the activities of their neighborhood improvement districts. (b) Need of the community for neighborhood improvement districts for purposes of reducing crime, including the degree to which crime data indicates an escalation of criminal activities which impact area physical and economic conditions, identification of environmental factors which support criminal activities, previous crime prevention plans and efforts which impact the physical environment, excessive traffic counts for residential roads, and crime rates in enterprise zones and in business and commercial areas. (c) Need of the community for state planning funds to successfully implement neighborhood improvement districts, including consideration of the community's existing planning, law enforcement, and other appropriate local services and resources. (4) Population distribution of Florida's cities and counties shall be considered in order to give communities of all sizes an opportunity to benefit from the matching funds provided by the Safe Neighborhoods Program for the establishment of neighborhood improvement 1/12/2016

41 Statutes & Constitution :View Statutes: Online Sunshine Page 19 of23 districts. No more than one neighborhood improvement district within the boundaries of a local government shall be awarded a planning grant in any given funding cycle. (5) Each neighborhood improvement district which receives funds under this section shall submit an audit to the department. Such audits shall be submitted no less than one time per year. Neighborhood improvement districts must submit an audit to the department at least 30 days prior to making application for additional planning grants. A local government audit performed in accordance with the provisions of chapter 218, covering the period of the grant, may be submitted to satisfy this requirement. History.-s. 66, ch ; s. 36, ch ; s. 15, ch ; s. 9, ch ; s. 47, ch Duties of Department of Legal Affairs.-The Department of Legal Affairs shall: (1) Develop program design and criteria for funding neighborhood improvement districts. (2) Carry out the development, promulgation, and revision of rules required for the operation of the Safe Neighborhoods Program, the capital improvements provisions contained in s , and any other duties assigned to the department by this part. (3) Develop application and review procedures. (4) Provide advice and technical assistance to local government units, property owners' associations, and boards of directors for special neighborhood improvement districts and community redevelopment neighborhood improvement districts in their efforts to promote the goals of the Safe Neighborhoods Act and to apply for planning grants. (5) Review and evaluate applications for planning and technical assistance. (6) Provide for contract management, including the review of contract closeout reports for accountability and conformance with state law and the required administrative procedures. (7) Evaluate program performance in light of state objectives and future trends and opportunities and prepare recommendations for the Legislature. (8) Act as the repository of crime prevention through community policing innovations; environmental design strategies, principles, and tactics; environmental security plans and procedures; defensible space techniques; and safe neighborhood improvement plans. (9) Utilize staff to provide crime prevention through community policing innovations, environmental design, environmental security, and defensible space training. (10) Provide for consultant contracts for statewide training on safe neighborhood development for planners, engineers, local officials, property owners' associations, and boards of directors of special neighborhood improvement districts. (11) Review and approve or disapprove safe neighborhood improvement plans prior to the adoption by the local governing body of any safe neighborhood improvement plan created pursuant to s Plans shall be submitted to the department for review and approval or disapproval. All such reviews shall: (a) Ensure that appropriate plan elements are based on crime prevention through community policing innovations, environmental design, environmental security, or defensible space. (b) Ensure that appropriate plan elements are consistent with crime prevention through community policing innovations, environmental design, environmental security, and defensible space functions of neighborhood improvement districts as listed ins (c) Be completed within 60 days after receipt by the department with a detailed explanation of any deficiencies. The district shall submit the required modifications within 60 days after us/statutes/index.cfin? App_ mode= Display_ Statute&URL=O /12/2016

42 Statutes & Constitution :View Statutes: Online Sunshine Page 20 of23 notification of the deficiencies, unless there is compelling evidence that an extension should be granted. After that time the department may withhold any payments to the neighborhood improvement district until compliance is made and may withhold submission to the Legislature of any capital improvement requests made pursuant to s History.-s. 68, ch ; s. 17, ch ; s. 12, ch ; s. 19, ch ; s. 45, ch Neighborhood improvement district inside enterprise zone; funding.-the local governing body of any municipality or county in which the boundaries of an enterprise zone include a neighborhood improvement district in whole or in part, prior to October 1 of each year, may request the Department of Legal Affairs to submit within its budget request to the Legislature provisions to fund capital improvements. A request may be made for 100 percent of the capital improvement costs for 25 percent of the area of the enterprise zone which overlaps the district. The local governing body may also request a 100-percent matching grant for capital improvement costs for the remaining 75 percent of the area of the enterprise zone which overlaps the district. Local governments must demonstrate the capacity to implement the project within 2 years after the date of the appropriation. Funds appropriated under this provision may not be expended until after completion and approval of the safe neighborhood improvement plan pursuant toss and (11). Capital improvements contained within the request submitted by the local governing body must be specifically related to crime prevention through community policing innovations, environmental design, environmental security, and defensible space and must be reviewed by the department for compliance with the principles of crime prevention through community policing innovations, environmental design, environmental security, and defensible space. The department shall rank order all requests received for capital improvements funding based on the necessity of the improvements to the overall implementation of the safe neighborhood plan; the degree to which the improvements help the plan achieve crime prevention through community policing innovations, environmental design, environmental security, and defensible space objectives; the effect of the improvements on residents of low or moderate income; and the fiscal inability of local government to perform the improvements without state assistance. History.-s. 69, ch ; s. 31, ch ; s. 18, ch ; s. 20, ch Effect.-The provisions of this part shall not be construed to modify, limit, expand, or supersede any existing laws relating to the closing or abandonment of public roads, the denial of access to areas for public ingress or egress, or the use of public facilities. History.-s. 19, ch State redevelopment programs.- (1) Any county or municipality which has nominated an area as an enterprise zone pursuant to s which has been so designated pursuant to s is directed to give consideration to the creation of a neighborhood improvement district within said area. (2) Any county or municipality which has authorized the creation of a community redevelopment area pursuant to part III of this chapter is directed to give consideration to the creation of a neighborhood improvement district within said area. History.-s. 70, ch ; s. 20, ch ; s. 62, ch Safe neighborhood districts; cooperation and involvement of community organizations.-to the extent possible, local governments may cooperate and seek the 1/12/2016

43 Statutes & Constitution :View Statutes: Online Sunshine Page 21 of23 involvement of community organizations such as churches, chambers of commerce, community development corporations, civic associations, neighborhood housing services, urban leagues, and other not-for-profit organizations in the creation of safe neighborhood improvement districts under this part. Any neighborhood improvement district may enter into agreements with any of such community organizations to undertake any of the activities authorized under this part, except the preparation of safe neighborhood improvement plans. To this end, the district may compensate any such organization for the value of its service. However, such compensation shall not exceed 1 percent of the total annual budget of the district. The community organization may also contract with the district to provide maintenance services for projects implemented in the district. The fee for such services shall not exceed 2 percent of the total budget for the district's project for which services are to be rendered. All service agreements made with community organizations shall have a renewable term of no longer than 3 years. A district may receive funds from such organizations in connection with the performance of any of the functions authorized in this part. History.-s. 32, ch Neighborhood Preservation and Enhancement Program; participation; creation of Neighborhood Preservation and Enhancement Districts; creation of Neighborhood Councils and Neighborhood Enhancement Plans.- (1) The governing body of any municipality or county may authorize its participation in the Neighborhood Preservation and Enhancement Program through the adoption of a local ordinance. After a local ordinance has been adopted authorizing the participation of the local government in the Neighborhood Preservation and Enhancement Program, the local government shall notify the residents within the boundaries of the local government about the program. The local government shall designate or create an agency that shall be responsible for the enforcement of Neighborhood Enhancement Plans. This agency may be the local code enforcement board, county sheriff, municipal police department, or any other agency the local government feels will provide adequate enforcement of the adopted Neighborhood Enhancement Plans. (2) Neighborhood Preservation and Enhancement Districts shall be created as follows: (a) Residents of a particular neighborhood may initiate the creation of a district in their area by notifying the local government planning agency. The planning agency shall assist those residents to define the boundaries and size of the district; or (b) The municipality or county may initiate the creation of a district by identifying those areas which are in need of enhancement and approaching the residents of the identified neighborhood to encourage the formation of a Neighborhood Preservation and Enhancement District. The identified neighborhood and the municipality or county shall define the district's boundaries and size. (3) After the boundaries and size of the Neighborhood Preservation and Enhancement District have been defined, the local government shall pass an ordinance authorizing the creation of the Neighborhood Preservation and Enhancement District. The ordinance shall contain a finding that the boundaries of the Neighborhood Preservation and Enhancement District comply withs (7) or (8)(a)-(o) or do not contain properties that are protected by deed restrictions. Such ordinance may be amended or repealed in the same manner as other local ordinances. App_ mode= Display_ Statute&URL=O /2016

44 Statutes & Constitution :View Statutes: Online Sunshine Page 22 of23 ( 4) The residents within the Neighborhood Preservation and Enhancement District shall create a Neighborhood Council. The Neighborhood Council shall consist of five members who reside in the district chosen by residents of the district in an election at a noticed public meeting, subject to approval by the local governing body. The five members shall choose among themselves a president, vice president, secretary, and other officers as needed. (5) The Neighborhood Council and local government planning agency shall be eligible to receive grants from the Safe Neighborhoods Program as provided ins (6) The Neighborhood Council and the local government planning agency shall prepare a Neighborhood Enhancement Plan. The Neighborhood Enhancement Plan shall consist of at least the following elements: (a) Boundaries and size of the district. (b) Total population and number of households in the district. ( c) Land use zoning and housing in the district. (d) Statement of goals and objectives of the district. (e) Strategies and policies to enhance the district. (f) Minimum standards for property maintenance, building codes, and community aesthetics. (g) Strategies to implement and evaluate the plan. (7) The Neighborhood Enhancement Plan shall be consistent with the intent of the adopted comprehensive plan for the county or municipality. (8) The Neighborhood Enhancement Plan shall not regulate any activity that is subject to regulation under chapter 378, and it shall not contain any requirements that are inconsistent with, or more stringent than, requirements established by any state agency or water management district. (9) The Neighborhood Enhancement Plan shall be adopted by ordinance by the local governing body. The standards and requirements of the Neighborhood Enhancement Plan shall be reasonable considering the existing character of the community and local economic conditions. (10) Prior to the adoption of the Neighborhood Enhancement Plan, the local government planning agency and Neighborhood Council shall hold a joint public hearing on the plan after public notice by the local government by publication in a newspaper of general circulation in the county or municipality in which the district is located. The notice shall describe the time, date, place, and purpose of the hearing; identify the boundaries of the district; and outline the general scope of the plan as required by law. (11) If at any time after approval of the Neighborhood Enhancement Plan, it becomes desirable to amend or modify the plan, the local governing body may do so. Prior to any such amendment or modification, the local government planning agency and the Neighborhood Council shall hold a joint public hearing on the proposed amendment or modification after public notice by the local government by publication in a newspaper of general circulation in the county or municipality in which the district is located. The notice shall describe the time, place, and purpose of the hearing and shall generally describe the proposed amendment or modification. (12) Nothing in this section shall supersede or conflict with s History.-s. 1, ch ; s. 12, ch ; s. 8, ch /2016

45 Statutes & Constitution : View Statutes : Online Sunshine Page 23 of Neighborhood Councils and local government designated agency; powers and duties.- (1) The Neighborhood Councils shall have all of the following powers and duties: (a) All those specified in ss and (b) To record all complaints of alleged violations of the standards and codes specified within the Neighborhood Enhancement Plan brought by any resident of the district. (c) To identify plan violations and problem areas. (d) If the alleged complaint or problem is found to be valid, to notify that property owner of noncompliance with the plan. (e) If the property owner does not adequately respond to the notification of the plan violation within a reasonable amount of time, to negotiate informally with the property owner to reach an agreement to bring the property owner into compliance with the plan. (f) If the negotiation process fails to remedy the alleged violation of the plan, to report the alleged violation to the designated agency of the local government. (g) If after 30 days the council is dissatisfied with the response of the designated agency of the local government, to request written notification from the designated agency of the steps taken to remedy the alleged violation. (h) If the council is still dissatisfied 30 days after receipt of written notification, to request an audience before the local governing body to resolve its differences with the designated agency. (i) To hold public meetings at least once quarterly to: solicit and listen to suggestions and complaints regarding alleged violations of the Neighborhood Enhancement Plan; discuss alleged violations and issues of concern in the neighborhood; and listen and respond to complaints regarding the activity or inactivity of the Neighborhood Council. At least three members must be present at the public meeting to constitute a quorum. No resident or property owner in the district shall be prohibited from addressing the council. (2) The designated agency of the local government shall have all of the following powers and duties: (a) Upon receipt of an alleged plan violation from the Neighborhood Council, the designated agency of the local government shall provide the Neighborhood Council with written acknowledgment of receipt of the alleged violation. (b) The designated agency of the local government shall notify the property owner that the owner may be in violation of the requirements and standards of the Neighborhood Enhancement Plan. The designated agency is entitled to exercise all the powers under chapter 162 to enforce any alleged plan violation. (c) The designated agency shall, at the request of the Neighborhood Council, provide written notification of the steps taken to remedy the alleged violation. (3) If requested, the local governing body shall, pursuant to this section, grant the Neighborhood Council an audience to resolve the council's differences or dissatisfaction with the designated agency. History.-s. 2, ch /12/2016

46 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 7 11/2/2016 Select Year: 2016 Go The 2016 Florida Statutes Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 380 LAND AND WATER MANAGEMENT View Entire Chapter Areas of critical state concern. (1)(a) The state land planning agency may from time to time recommend to the Administration Commission specific areas of critical state concern. In its recommendation, the agency shall include recommendations with respect to the purchase of lands situated within the boundaries of the proposed area as environmentally endangered lands and outdoor recreation lands under the Land Conservation Program. The agency also shall include any report or recommendation of a resource planning and management committee appointed pursuant to s ; the dangers that would result from uncontrolled or inadequate development of the area and the advantages that would be achieved from the development of the area in a coordinated manner; a detailed boundary description of the proposed area; specific principles for guiding development within the area; an inventory of lands owned by the state, federal, county, and municipal governments within the proposed area; and a list of the state agencies with programs that affect the purpose of the designation. The agency shall recommend actions which the local government and state and regional agencies must accomplish in order to implement the principles for guiding development. These actions may include, but need not be limited to, revisions of the local comprehensive plan and adoption of land development regulations, density requirements, and special permitting requirements. (b) Within 45 days following receipt of a recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the recommendation with or without modification and by rule designate the area of critical state concern. Any rule that designates an area of critical state concern must include: 1. A detailed boundary description of the area. 2. Principles for guiding development. 3. A clear statement of the purpose for the designation. 4. A precise checklist of actions which, when implemented, will result in repeal of the designation by the Administration Commission, and the agencies or entities responsible for taking those actions. 5. A list of those issues or programs for which mechanisms must be in place to assure ongoing implementation of the actions taken to result in repeal of the designation. 6. A list of the state agencies which, in addition to those specified in subsection (22), administer programs that affect the purpose of the designation. The rule shall become effective 20 days after being filed with the Secretary of State, except that an emergency rule adopted by the commission and designating an area of critical state concern shall become effective immediately on being filed. Any rule adopted pursuant to this paragraph shall be presented to the Legislature for review pursuant to paragraph (c). A statement of estimated regulatory

47 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 7 11/2/2016 costs prepared pursuant to s shall not be a ground for a challenge of the rule; however, a landowner shall not be precluded from using adverse economic results as grounds for challenge. Such principles for guiding development shall apply to any development undertaken subsequent to the legislative review pursuant to paragraph (c) of the designation of the area of critical state concern with or without modification but prior to the adoption of land development rules and regulations or a local comprehensive plan for the critical area pursuant to subsections (6) and (8). No boundaries or principles for guiding development shall be adopted without a specific finding by the commission that the boundaries or principles are consistent with the purpose of the designation. The commission is not authorized to adopt any rule that would provide for a moratorium on development in any area of critical state concern. (c) A rule adopted by the commission pursuant to paragraph (b) designating an area of critical state concern and principles for guiding development shall be submitted to the President of the Senate and the Speaker of the House of Representatives for review no later than 30 days prior to the next regular session of the Legislature. The Legislature may reject, modify, or take no action relative to the adopted rule. In its deliberations, the Legislature may consider, among other factors, whether a resource planning and management committee has established a program pursuant to s In addition to any other data and information required pursuant to this chapter, each rule presented to the Legislature shall include a detailed legal description of the boundary of the area of critical state concern, proposed principles for guiding development, and a detailed statement of how the area meets the criteria for designation as provided in subsection (2). (d) If, after the repeal of the boundary designation of an area of critical state concern pursuant to subsection (15), the state land planning agency determines that the administration of the local land development regulations or a local comprehensive plan within a formerly designated area is inadequate to protect the former area of critical state concern, then the state land planning agency may recommend to the commission that the area be redesignated as an area of critical state concern. Within 45 days following the receipt of the recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the same with or without modification. The commission may, by rule, make such redesignation effective immediately, at which time the boundaries, regulations, and plans in effect at the time the previous designation was repealed shall be reinstated. Within 90 days of such redesignation, the commission shall begin rulemaking procedures to designate the area an area of critical state concern under paragraph (b). (2) An area of critical state concern may be designated only for: (a) An area containing, or having a significant impact upon, environmental or natural resources of regional or statewide importance, including, but not limited to, state or federal parks, forests, wildlife refuges, wilderness areas, aquatic preserves, major rivers and estuaries, state environmentally endangered lands, Outstanding Florida Waters, and aquifer recharge areas, the uncontrolled private or public development of which would cause substantial deterioration of such resources. Specific criteria which shall be considered in designating an area under this paragraph include: 1. Whether the economic value of the area, as determined by the type, variety, distribution, relative scarcity, and condition of the environmental or natural resources within the area, is of substantial regional or statewide importance. 2. Whether the ecological value of the area, as determined by the physical and biological components of the environmental system, is of substantial regional or statewide importance. 3. Whether the area is a designated critical habitat of any state or federally designated threatened or endangered plant or animal species.

48 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 7 11/2/ Whether the area is inherently susceptible to substantial development due to its geographic location or natural aesthetics. 5. Whether any existing or planned substantial development within the area will directly, significantly, and deleteriously affect any or all of the environmental or natural resources of the area which are of regional or statewide importance. (b) An area containing, or having a significant impact upon, historical or archaeological resources, sites, or statutorily defined historical or archaeological districts, the private or public development of which would cause substantial deterioration or complete loss of such resources, sites, or districts. Specific criteria which shall be considered in designating an area under this paragraph include: 1. Whether the area is associated with events that have made a significant contribution to the history of the state or region. 2. Whether the area is associated with the lives of persons who are significant to the history of the state or region. 3. Whether the area contains any structure that embodies the distinctive characteristics of a type, period, or method of construction, that represents the work of a master, that possesses high artistic values, or that represents a significant and distinguishable entity the components of which may lack individual distinction and which are of regional or statewide importance. 4. Whether the area has yielded, or will likely yield, information important to the prehistory or history of the state or region. (c) An area having a significant impact upon, or being significantly impacted by, an existing or proposed major public facility or other area of major public investment including, but not limited to, highways, ports, airports, energy facilities, and water management projects. (3) Each regional planning agency may recommend to the state land planning agency from time to time areas wholly or partially within its jurisdiction that meet the criteria for areas of critical state concern as defined in this section. Each regional planning agency shall solicit from the local governments within its jurisdiction suggestions as to areas to be recommended. A local government in an area where there is no regional planning agency may recommend to the state land planning agency from time to time areas wholly or partially within its jurisdiction that meet the criteria for areas of critical state concern as defined in this section. If the state land planning agency does not recommend to the commission as an area of critical state concern an area substantially similar to one that has been recommended, it shall respond in writing as to its reasons therefor. (4) Prior to submitting any recommendation to the commission under subsection (1), the state land planning agency shall give notice to any committee appointed pursuant to s and to all local governments and regional planning agencies that include within their boundaries any part of any area of critical state concern proposed to be designated by the rule, in addition to any notice otherwise required under chapter 120. (5) After the commission adopts a rule designating the boundaries of, and principles for guiding development in, an area of critical state concern and within 180 days of such adoption, the local government having jurisdiction may submit to the state land planning agency its existing land development regulations and local comprehensive plan for the area, if any, or shall prepare, adopt, and submit the new or modified regulations and plan, the local government taking into consideration the principles set forth in the rule designating the area. (6) Once the state land planning agency determines whether the land development regulations or local comprehensive plan or amendment submitted by a local government is consistent with the principles for guiding the development of the area specified under the rule designating the area, the

49 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 7 11/2/2016 state land planning agency shall approve or reject the land development regulations or portions thereof by final order, and shall determine compliance of the plan or amendment, or portions thereof, pursuant to s The state land planning agency shall publish its final order to approve or reject land development regulations, which shall constitute final agency action, in the Florida Administrative Register. If the final order is challenged pursuant to s , the state planning agency has the burden of proving the validity of the final order. Such approval or rejection of the land development regulations shall be no later than 60 days after submission of the land development regulations by the local government. No proposed land development regulation within an area of critical state concern becomes effective under this subsection until the state land planning agency issues its final order or, if the final order is challenged, until the challenge to the order is resolved pursuant to chapter 120. (7) The state land planning agency and any applicable regional planning agency shall, to the greatest extent possible, provide technical assistance to local governments in the preparation of the land development regulations and local comprehensive plan for areas of critical state concern. (8) If any local government fails to submit land development regulations or a local comprehensive plan, or if the regulations or plan or plan amendment submitted do not comply with the principles for guiding development set out in the rule designating the area of critical state concern, within 120 days after the adoption of the rule designating an area of critical state concern, or within 120 days after the issuance of a recommended order on the compliance of the plan or plan amendment pursuant to s , or within 120 days after the effective date of an order rejecting a proposed land development regulation, the state land planning agency shall submit to the commission recommended land development regulations and a local comprehensive plan or portions thereof applicable to that local government s portion of the area of critical state concern. Within 45 days following receipt of the recommendation from the agency, the commission shall either reject the recommendation as tendered or adopt the recommendation with or without modification, and by rule establish land development regulations and a local comprehensive plan applicable to that local government s portion of the area of critical state concern. However, such rule shall not become effective prior to legislative review of an area of critical state concern pursuant to paragraph (1)(c). In the rule, the commission shall specify the extent to which its land development regulations, plans, or plan amendments will supersede, or will be supplementary to, local land development regulations and plans. Notice of any proposed rule issued under this section shall be given to all local governments and regional planning agencies in the area of critical state concern, in addition to any other notice required under chapter 120. The land development regulations and local comprehensive plan adopted by the commission under this section may include any type of regulation and plan that could have been adopted by the local government. Any land development regulations or local comprehensive plan or plan amendments adopted by the commission under this section shall be administered by the local government as part of, or in the absence of, the local land development regulations and local comprehensive plan. (9) If, within 12 months after the commission adopts a rule designating an area of critical state concern, land development regulations or local comprehensive plans for the area have not become effective under either subsection (6) or subsection (8), the designation of the area as an area of critical state concern terminates. No part of such area may be recommended for redesignation until at least 12 months after the date the designation terminates pursuant to this subsection. The running of the 12- month period subsequent to the initial designation shall be tolled upon challenge pursuant to the provisions of chapter 120 to either the designation of the area of critical state concern or the adoption of land development regulations and local comprehensive plans under subsection (6) or subsection (8).

50 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 7 11/2/2016 (10) At any time after the adoption of land development regulations and plans by the commission under this section, a local government may propose land development regulations or a local comprehensive plan which, if approved by the state land planning agency as provided in subsection (6), will supersede any regulations or plans adopted under subsection (8). (11) Land development regulations or a local comprehensive plan submitted by a local government in an area of critical state concern and approved pursuant to subsection (6) may be amended or rescinded by the local government, but the amendment or rescission becomes effective only upon approval thereof by the state land planning agency. The state land planning agency shall either approve or reject the requested changes within 60 days of receipt thereof. Land development regulations or local comprehensive plans for an area of critical state concern adopted by the commission under subsection (8) may be amended or rescinded by rule by the commission in the same manner as for original adoption. (12) Upon the request of a substantially interested person pursuant to s (7), a local government or regional planning agency within the designated area, or the state land planning agency, the commission may by rule remove, contract, or expand any designated boundary. Boundary expansions are subject to legislative review pursuant to paragraph (1)(c). No boundary may be modified without a specific finding by the commission that such changes are consistent with necessary resource protection. The total boundaries of an entire area of critical state concern shall not be removed by the commission unless a minimum time of 1 year has elapsed from the adoption of regulations and a local comprehensive plan pursuant to subsection (1), subsection (6), subsection (8), or subsection (10). Before totally removing such boundaries, the commission shall make findings that the regulations and plans adopted pursuant to subsection (1), subsection (6), subsection (8), or subsection (10) are being effectively implemented by local governments within the area of critical state concern to protect the area and that adopted local government comprehensive plans within the area have been conformed to principles for guiding development for the area. (13) If the state land planning agency determines that the administration of the local land development regulations or local comprehensive plans within the area is inadequate to protect the state or regional interest prior to the repeal of the critical state concern designation pursuant to subsection (15), the state land planning agency may institute appropriate judicial proceedings, as provided in s , to compel proper enforcement of the land development regulations or plans. (14) Any local government which lies either wholly or partially within an area of critical state concern and which has previously adopted a local government comprehensive plan pursuant to chapter 163 shall conform such plan to the principles for guiding development for the area of critical state concern. No later than January 1, 1984, or any other time as agreed upon in writing by the state land planning agency and the governing body of the local government, these plans shall be submitted to the state land planning agency for review and action as provided in subsection (6) or subsection (8). (15) Any rule adopted pursuant to this section designating the boundaries of an area of critical state concern and the principles for guiding development therein shall be repealed by the commission no earlier than 12 months and no later than 3 years after approval by the state land planning agency or adoption by the commission of all land development regulations and local comprehensive plans pursuant to subsection (6), subsection (8), or subsection (10), and the implementation of all the actions listed in the designation rule for repeal of the designation. Any repeal pursuant to this subsection may be limited to any portion of the area of critical state concern. The repeal must be contingent upon approval by the state land planning agency of local land development regulations and plans pursuant to subsection (6) or subsection (10) and upon such regulations and plans being effective for a period of 12 months.

51 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 7 11/2/2016 (16) No person shall undertake any development within any area of critical state concern except in accordance with this chapter. (17) If an area of critical state concern has been designated under subsection (1) and if land development regulations for the area of critical state concern have not yet become effective under subsection (6) or subsection (8), a local government may grant development permits in accordance with such land development regulations as were in effect immediately prior to the designation of the area as an area of critical state concern. (18) Neither the designation of an area of critical state concern nor the adoption of any regulations for such an area shall in any way limit or modify the rights of any person to complete any development that was authorized by registration of a subdivision pursuant to former chapter 498 or former chapter 478, by recordation pursuant to local subdivision plat law, or by a building permit or other authorization to commence development on which there has been reliance and a change of position, and which registration or recordation was accomplished, or which permit or authorization was issued, prior to the approval under subsection (6), or the adoption under subsection (8), of land development regulations for the area of critical state concern. If a developer has by his or her actions in reliance on prior regulations obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer s interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (19) In addition to any other notice required to be given under the local land development regulations, the local government shall give notice to the state land planning agency of any application for a development permit in any area of critical state concern, except to the extent that the state land planning agency has in writing waived its right to such notice in regard to all or certain classes of such applications. The state land planning agency may by rule specify additional classes of persons who shall have the right to receive notices of, and participate in, hearings under this section. (20) At no time shall a land area be designated an area of critical state concern if the effect of such designation would be to subject more than 5 percent of the land of the state to supervision under this section; except that, if any supervision by the state is retained, the area shall be considered to be included within the limitations of this subsection. If 5 percent of the lands of the state are designated as areas of critical state concern pursuant to this section, a redesignation pursuant to paragraph (1)(d) will not be prohibited by this subsection. (21) Within 30 days after the effective date of the designation of an area of critical state concern pursuant to paragraph (1)(c) or paragraph (1)(d), the state land planning agency shall record a legal description of the boundaries of the area of critical state concern in the public records of the county or counties in which the area of critical state concern is located. (22) All state agencies with rulemaking authority for programs that affect a designated area of critical state concern shall review those programs for consistency with the purpose of the designation and principles for guiding development, and shall adopt specific permitting standards and criteria applicable in the designated area, or otherwise amend the program, as necessary to further the purpose of the designation. (a)1. Within 6 months after the effective date of the rule or statute that designates an area of critical state concern, and at any time thereafter as directed by the Administration Commission, the Department of Environmental Protection, the Department of Health, the water management districts with jurisdiction over any portion of the area of critical state concern, and any other state agency specified in the designation rule, shall each submit a report to the Administration Commission, and a

52 Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 7 11/2/2016 copy of the report to the state land planning agency. The report shall evaluate the effect of the reporting agency s programs upon the purpose of the designation. 2. If different permitting standards or criteria, or other changes to the program, are necessary in order to further the purpose of the designation, the report shall recommend rules which further that purpose and which are consistent with the principles for guiding development. The report shall explain and justify the reasons for any different permitting standards or criteria that may be recommended. The commission shall reject the agency s recommendation, or accept it with or without modification and direct the agency to adopt rules, including any changes. Any rule adopted pursuant to this paragraph shall be consistent with the principles for guiding development, and shall apply only within the boundary of the designated area. The agency shall file a copy of the adopted rule with the Administration Commission and the state land planning agency. 3. If statutory changes are required in order to implement the permitting standards or criteria that are necessary to further the purpose of the designation, the report shall recommend statutory amendments. The Administration Commission shall submit any report that recommends statutory amendments to the President of the Senate and the Speaker of the House of Representatives, together with the Administration Commission s recommendation on the proposed amendments. (b) The Administration Commission has authority to adopt rules pursuant to ss (1) and to implement the provisions of this subsection. History. s. 5, ch ; s. 1, ch ; s. 1, ch ; s. 4, ch ; s. 235, ch ; s. 3, ch ; s. 2, ch ; s. 50, ch ; s. 340, ch ; s. 1027, ch ; s. 113, ch ; s. 5, ch ; s. 92, ch ; s. 27, ch. 99-5; s. 71, ch. 99-8; s. 16, ch ; s. 39, ch ; s. 41, ch Copyright The Florida Legislature Privacy Statement Contact Us

53 TOWNI OF PALMBEACH Information for Planning and Zoning Commission Meeting on: November 15, 2016 To: Planning andzonrngcommission From: John S. Page, Director, Planning, Zontng& Building Departrnent Re: Proposed ZnrungText Amendment by RPP PaLn Beach, LP, to A1low Outdoor Seating in the Planned Center ZorungDistrict (C-PC) Date: November 3,2016 STAFF RECOMMENDATION Staffrecommends that the Town Council consider the Applicant's proposed zoning text a:rrendment which would allow outdoor seating in the C-PC zoningdistrict (Royal Poinciana Plaza). GENERAL INFOR]VIATION RPP Palm Beach Properly, LP, the long term leasee of the Royal Poinciana Plaza located in the C-PC zoning distict, is proposing to allow restaurants and merchant retail take-out businesses the ability to apply for either Town Council or administrative approval for outdoor seating within the C-PC distict (Royal Poinciana Plaza). The zoning text amendment application is attached. BACKGROT]ND Since at least 1970 rhe Town has allowed outdoor seating with Town Council approval. Until 1989 outdoor seating was allowed in all commercial zonrngdistricts. tn 1989, Clnpter 134, lsning, was arnended to only allow outdoor seating by special exception approval by the Town Council in the C-TS (Commercial Town-serving District) and C-WA (Commercial Worth Avenue) zoning districts. 1n2004 and2009, zoningregulations were amended to rela:r outdoor seating requirements for smaller retail food establishments, and to allow for Council or adminisffatively approved outdoor seating in the other zoning districts throughout the Town (C-OPL C-B and R-D(2). The C-PC district was intentionally unchanged as there was concem that allowing outdoor seating in that Distict would jeopardrzethe validity of the 1979 Agreement containing additional conhols in the C-PC zoning distict. At present, all other commercial zoning disficts in the Town allow outdoor seating. In fact,

54 outdoor seating was pennitted in the C-PC disffict, conditional upon Town Council approval, until the Code change in Staffsupports a zoning text amendment which would allow outdoor seating with special exception approval by the Town Council. Approval should be conditioned upon the Applicant acknowledgement in writing to be bound to the terms of the 1979 Agreement and that the applicant will not contest in any legal proceeding, or otherwise, that the amendments provide for o'further development possibilities" in contavention of the terms of paragraph 3 of that Agreement. The Planning,Zonrngand Building Deparbnent does not support adminisfative (staff) approval of outdoor seating in the C-PC zorungdistrict. Doing so would eliminate legal notice requirements. Possible impacts should be addressed with the public and with residential neighbors (Palm Beach Towers) in a public meeting before approvals are secured. Approval should only be granted by the Town Council following legal notice arrd aquasi-judicial hearing by the Town Council. Doing so provides the opportunity for the Council to hear any concerns and to place conditions on outdoor seating to ensure compatibility with other uses. The following change, which is existing language used for outdoor seating in other disticts, is recorlmended by Staffin add/delete format. (Note: this will require renumbering existing sections of Chapter 134): Sec Stands" seated dinine areas and open counters for eatins and drinkins. (a) No stands or open counters and no open seating a:rangement. whether or not at tables. intended for feeding or the dispensing of food or drink whether or not for profit or for any other similar purposes for the sale of commodities to the public shall be erected or permitted anywhere in the town unless they are contained within a building. However. in the C-PC. Planned Center zoning district" the town council may permit. as a special exception the serving of food and beverages to seated patrons in outdoor open air areas which are operated as a part ofa restaurant contained within a building. provided approval of such special exception shall not increase the allowable capacitv. The following are conditions to the approval of any such special exception: (1) Open air dining areas must be properly buffered to avoid noise. liuer. light and odor impacts upon neighboring properties. especially nearby residential uses. (2) Area associated with the outdoor portion of the restaurant shall not count toward any maximum square footage limitations associated with the town-serving aspects of this chapter. If you have any questions, please contact Paul Castro,ZorungAdministrator at Attachment cc: Planning andzontngcommi55isnsrs Mayor and Town Council Thomas Bradford, Town Manager Jay Boodheshwar, Deputy Town Manager John C. Randolpfu Town Attorney

55 Paul W. Castro, AICP, ZorungAdministrator Veronica B. Close, Asst. Director, Planning,Zoning& Building Deparhent zf

56 REQIIEST FOR ZOI\ING ORDINAI\CE MODIFICATION Note: All requested must be singular in nature and subject to review and possible correction by the Zonng Administrator. 1. Date: September 12,2016 All requests for Zoning district change or ordinance modification must be undersigned by the properly owner or resident in the space provided below: 2. Name and Palm Beach address of property owner or resident: RPP Palm Beach Property, LP, 340 Royal Poinciana Way, Palm Beach, FL Telephone Number (s) and mailing address where applicant can be contacted if questions should arise: ; 33 Boylston Steet, Suite 3000, Cheshut Hill, MA 02zt Is this is a request for change of zoning disfrict? YES _ If yes, please answer questions numbered 7 through I l. NOx Is this a request for a change of Ordinance language or new regulation? YES X If yes, please answer questions numbered 12 through 14. Legal description of prope0 to be rezoned: Date of purchase of affected properly: Zonngclassification ofall adjacent properties: -, 7. *, 10. Include a survey ofarea proposed for rezoning, show dimensions ofaffected area, stuctures on property, adjacent streets, with northarow and properly lines. I l. State briefly the reasons for the N/n change of zoning district: ffiffif$\itrl-$ :f, "#kf e 11,.?: i"a :lz *l.sr P.ZB DI:Pr

57 The following questions are related to proposed changes of ordinance language or new regulation. 12, Town Ordinance, Section, paragaptl etc. numbers of proposed change: Palm Beach Codaof Ordinahbes, biviiioh t t, Section 't*itoi@) 13. State language which is proposed for change, strike over proposed deletions and underline proposed additions to tex: Section (X(a):lt shall be unlawtul for any person to provide outdoor seating without either approval by the town as promded by this article or approval under sections through Administative approval of outdoor seating shall be permitted only within the GTS, C-WA, C-OPI, C-B, GPQ. and R-D(2) zoning disticts as accessory uses subject to the standards and criteria set forth in sections through 13/ Attach additional sheets if necessary. Separate forms must be submitted for each individual text item. 14. State briefly the reasons for proposed change to Ordinance language: Sine acguirlng The Royal Polndana Pla.ain2014, Up Markeb has planned, and ls ln the mldst of executng, an overall beautficadon of the property. A large focus of the redevelopment ls the courlyards and studying John VolKs origlnal lntenton, and vlslon, for the heart of the properly. Research has proven that there ls historlcal precedence that demonstrates outdoor seating was an odginal detall essental to the Plaza's su@ess. We belleve that by allowing tenants to request outdoor seating ls a nod to the propertys archlted and restorlng the vlslon that he had for the Plaza. By transbning e{stng and approved seab trom the lnterior to the exterior, tenants are further revltaleing and brlnglng the courtyards to life. if other than'fee simple owner Prop rty, LP, 6 DE lffited FrtlerBhh, by Sanantrs P. D6,id, agent The Town staffwill assis! within reasorl any applicant with the preparation of this form. An original and twenty-five (25) copies must be filed in the Planning Znntng& Building Deparfinent by 3:00 P.m., by the last Tuesday in July. A separate application must be submitted for each separate proposed zoning code amendment and each of same must also be accompanied with an application fee of $4,000. Please be advised that all additional costs for professional consultation and legal notice ofthe application will be the responsibility of the applicant. Rev.: 7/09i0zl-lsc Rec: dm (N :\fonts\zoningordmodform. wpd)

58 TOWN OF PALM BEACH Information for Planning and Zoning Commission Meeting on: November 15, 2016 To: From: Re: Date: Planning and Zorung Commission John S. Page, Director, Planning, Zontng& Building Deparhlent Proposed ZonngText Amendment and Comprehensive Plan Amendment by RPP Palm Beach, LP, to lncrease the Maximum Town-Serving Threshold Regulation for the pfanned Center ZonngDisfiict (C-PC) from 2,000 Square Feet Gross Leasable Area to 3,000 Square Feet Gross Leasable Area November 3,2016 STAF'F RECOMMEIIDATION Staffrecommends that the Planning andzontngcommission consider the Applicant's proposed ZonrngText Amendment and Comprehensive Plan Text Amendment which would allow an increase in the Town-serving threshold from 2,000 square feet gross leasable area to 3,000 square feet gross leasable area in the C-PC zoningdistrict (Royal Poinciana Plaza). GEI[ERAL INFORMATION The applicant, RPP Palm Beach, LP, the long term leasee of Royal Poinciana Plaza, is requesting azoningtext and comprehensive plan text amendment to increase the Town-serving threshold for the C-PC zoning district from a marimum of 2,000 square feet to 3,000 square feet gross leasable area (applications attached). The justificatiorl as provided in the applications, is that the owner is trying to restore theplaza,and is continuing to identiff retailers that epitomizethe Town-serving philosophy. In order to attr:arlt a sffong mix of fust class, small businesses that would serve the needs of the Town, there is a need to ease the financial and legal burden to encowage success for ideal retailers. Currently, businesses that are more than 2,000 square feet in gross leasable area are required to file a special exception application, pay a fee and demonstrate to the satisfaction of the Town Council that the proposed business would be Townserving. The applicant provides no data or analysis in the applications to justiff the proposed changes. A Town sponsored, Town-serving analysis, dated 2010, is relevant and has been attached.

59 BACKGROUND The Town created Town-serving regulations in 1979 and 1980 (Ordinance No. l-s0). Those regulations required all businesses over 2,000 square feet gross leasable are4 and all special exception uses in the commercial zoning disticts, to file special exception applications and demonstrate to the Town Council that they are Town-serving. Town-serving is defined as a business that has more than fifty percent of all customers that are Town persons. Town persons is defined in Qhapter 134 as all full-time and seasonal residents as well as visitors staying in accommodations and employees working in establishments located within the Town. ln20l0,the Town Council directed Staffto conduct a study as to the continued relevancy of the Town-serving regulations. Mr. Bill BrissorL LaRue Planning and Management Services,Inc. (the original Town-serving consultant), was retained by the Town to conduct said study. The conclusions of that Study were that the Town-serving concept was still relevant and useful, however, less so than perceived at its inception. The consultant recommended changes to the Town-serving thresholds (copy attached) that were adopted. They included raising the threshold from 2,000 to 3,000 square feet in the C-TS and C-B districts; 2,000 square feet to 4,000 square feet in the C-WA district; and elimination of the requirement in the C-OPI district. The Townserving threshold for the C-PC district was not recommended for change at that time. The 2010 Study indicates that there had been only two special exception applications approved since 1990 for businesses in the C-PC district (Royal Poinciana Plaza) in excess of 2,000 square feet. ln additiorl a majority of the existing 39 businesses (59%) in the District were 2,000 square feet or less. There was also concern expressed in the Study that any increase in the Townserving threshold mightjeoparduethe"lgtg Agreement" affecting Royal Poinciana Plaza. T\at Agreement provides language stating that its conditions are not binding if the zoning ordinance is revised, as it applies to the Plaza"to provide o'further development possibilities." ANALYSIS StafPs analysis of the request included a review of the commercial tenant sizes in the C-PC Tsning distict as well as zoning applications submitting following the 2010 Study. The purpose was to detennine if there has been a significant change in circumstances to justiff a change in Staff s 20 I 0 recommendation. Staffs conclusion is that there has not been a significant Town-serving trend change in the Royal Poinciana Plaza. There are currently 36 business licensed in the District, of which more than 68Yo are 2,000 square feet or less in gross leasable area. Since 2010, a review of all zoning applications indicates that there has only been one special exception Town-serving application in the C-PC zoning distict for a business over 2,000 sqwre feet gross leasable area. That business, Shino Bay Cosmetic Laser Center, which was 3,753 square feet gross leasable area, is no longer in business. It must be noted that there have been two special exception applications for restaurants over 2,000 square Friscos and Sant Ambroeus) that were approved, but those special exceptions were required based the special exception restaurant use. There are two

60 special exception applications pending review by the Town Council in December. Although there is no quantifiable justification for the requested increase in the Town-serving threshold, Staffdoes understand that the present Plazaowner is actively pursuing an upgraded visitor experience. If the Planning and ZorungCommission and Town Council decide to approve the proposed amendments, Staffwould recommend that the Applicant acknowledge in writing to be bound to the terms of the 1979 Agreement and that the applicant will not contest in any legal proceeding, or otherwise, that the amendments provide for o'further development possibilities" in contravention of the terms of paragraph 3 of that Agreement. If you have any questions, please contact Paul Castro,ZoningAdministrator at Attachments cc: PlanningandZontngCommissioners Jay Boodheshwar, Deputy Town Manager John C. Randolplr, Town Attorney Paul W. Casto, AICP, ZonngAdministrator Veronica B. Close, Asst. Director, Planning,Zorung& Building Deparftnent d

61 REQUEST FOR COMPREmNSfVE PLAN AMEr\DMENT Note: All requested ameadalsnts must be singular in nature and subject to review and possible correction by the 7-omng Administrator. l. Date: September 12,2016 A request for a change to the Future Land Use Map must be undersigned by the property owner or the duly authorized attorney or representative with power of attorney in the space provided below. A proposed text amendment must be signed by the applicant: 2. Name and address of properry owner (if appticable): RPP Palm Beach Property, W,340 Royal Poinciana Way, Palm Beach, FL Telephone Number (s) and mailing address where applicant can be contacted if questions should arise: 617.&6.3224,33 Boylston Street, Suite 3000, Chesrnut Hill, MA Is this is a request for change in the Future Land Use Map? YES If yes, please answer questions numfu1s6 7 through 13. NO _X_ - Is this a request for a comprehensive plan text amendment? YES -X- If yes, please answer questions numbered 14 and 15 NO 7. Legal description ofthe subject property: Existing Future Land Use Designation of the subject properfy: -xt/n 9. Proposed Future Land Use Designation of the subject property: 1 ffiffiffiffi8vffiffi sep T0WN LlF :'ALi..,I isr.t\rjt" PZB DEP-

62 10. Existing hrfugclassification of the subject property: Existing - Future Land Use Desimation andznrungdesignation of atl adjacent properties: North: N /A" South: East: West: Include a current (within one year) signed and sealed survey of area proposed for change in the Future [,and Use Designation which shows dimensions of affected area, structr:res on property, adjacent streets, with north ilrow and property lines. 13. State briefly the the proposed change in the Future Land Use Designation: The following questions are related to proposed text amendment to the Comprehensive Plan. 14. Proposed change to the text in the Comprehensive plan in add/delete format. tnclude the specific page(s) and/or goal, objective or policy in the Plan proposed for change: servin8 the needs of Town persons and not substantially relying on the patronage of persons not defined as To\am Persons. Commercial establishments (other than those in the Attach additional sheets if necessary. Separate fonns must be submitted for each individual amendment. 15. state briefly the reasons for proposed comprehensive plan amendment: communitv to meet the needs of the Town's residents. and not substantially relying on

63 .1, Signature of fee simple owner or duly authorize representative of the property (if related to a Comprehensive Plan Future Land Use Amendment) appli-ant (if related to Comprehensive Plan amendment other than fee simple owner) RPP Palm Beach Property, LP, a DE limited partnership By: Samantha P. David, Agent The Town staff will assist, within reason, any applicant with the preparation of this form. A pre-application is required by the applicant prior to any submittal to go over that application and any required legal notice. An original, record disk, twenty-five (25) copies and the application filing fee must be filed in the Planning,T-onrng & Building Deparmrent. A separate application must be submitted for each separate proposed zoning code amendment and each of same must also be nsssmfanied with an application filing fee of $4,000 for a comprehensive plan amendment or $3,0@ for a small scale amendment (see F.S throughl ). Please be advised that all additional costs associated with professional consultation and legal notice of the application will be the responsibility of the applicant. (N:\Plenning Zoning and Building$orms\ComprehensiveplanAmendrnent Form.wpd)

64 REQITEST FOR ZOr\ING ORDTNAIICE MODIFICATION Note: All requested must be singular in nature and subject to review and possible correction by the Zorung Administrator. l. Date: September 12,2016 All requests for Zoning district change or ordinance modification must be undersigned by the property owner or resident in the space provided below: 2. Name and PaIm Beach address of property owner or resident: RPP Palm Beach Property, LP, 340 Royal Poinciana Way, Palm Beach, FL Address of affected property (if different):,, / 4. Telephone Number (s) and mailing address where applicant can be contacted if questions should arise: 617.W.3224; 3i! Boylston Steet Suite 3000, Cheshut Hill, MA : 7. Is this is a request for change ofzoning district? YES _ If yes, please answer questions numbered 7 through 11. NOx Is this a request for a change ofordinance language or new regulation? YES X If yes, please answer questions numbered 12 through 14. Legal description of properb to be rezoned: U,rr Date of purchase of affected property: Zoning classification of all adjacent propertiefu, ' Include a survey ofarea proposed for rezoning, show dimensions ofaffected are4 structures on properly, adjacent streets, with norttr arrow and property tines. ;17n I t. State briefly the reasons for the proposed of zoning district: ffiffiffrcflvffi EBB ljlu lc.itff T+i+ri{? LT,r- l./.:-[" ri; FZB EEP*' B_i

65 The following questions are related to proposed changes of ordinance language or new regulation. 12. Town Ordinance- Section- naraorenh efe nrrrnhers nf nrnnncad chanoa. TWr^Ordt"$c.e, qqctlort paragapb etc. numbers of proposed change: Palm Beach Codeof Ordinahbes, Diviiioir ll, Section 13. State language which is proposed for change, strike over proposed deletions and underline proposed additions to text: Section (aX2): The permitted uses in the GPC planned center disfict are as follows: (2) Maximum square feet of cla. All other retail shops, personal semces, and banks and financial Attach additional sheets if necessary. Separate forms must be submitted for each individual text item. 14. State briefly the reasons for proposed change to Ordinance language: Slnf acqulring The Royal Polnclana Plaza in 2014, Up Markeb has planned and ls ln the midst of executng a beauflficagon oftheproperty.asthestteconsbuctionwindsdown,upmarketshasfocusedefiortstoatr@a"s operators fur The Royal Poinclana Plaza. Durlng these efforts, Up Markeb contnues to Oscover untque retatters urtro epltomize he Town SeMng phllosophy. The Town SeMng buslnesses apasslonforpalmbeach,andanexcitementtojolnthecommunlty.wetorme Code of Ordlnances to ease the flnanclal and leg e threshold for a Special Ercepton permit so th if other than fee simple owner RPP Palm Beadl prop rty, Lp, a DE omtbd parherstdp, by by SarrEtha p. Davld, aggtt The Town staffwill assis! within reasorl any applicant with the preparation of this form. An original and twenty-five (25) copies must be filed in tfre funning, Zonrig& Building Deparhent by 3:0-0 p.m., by the last Tuesday in July. A separate application must be submitted for each separati proposed zoning code amendment and each of same must also be accompanied with an application fee of $+,OOO. Please be advised that all additional costs for professional consultation and legal notice ofthe application will be the responsibility ofthe applicant. Rev.: 7/09/0zl-.lsc Rec: dm (N :\forms\zoningordmodform. wpd)

66 sbrlon l34-zst!ilblr FeEulEtlon of exlstlng nonconformlng commerchl usss. Any exlstlns ulet Gont0lmd on the llst of permltted usec undar subsectton (altz! of thts reahn whlch entaln more than etg00 3rmo sguor0 fest of Sros lerrable area (GtAf shall bo classlflsd s5 exlrtln8 nonconformtns uses lr f6r to dlvlslon 2 of artlcle lv olthls chrpter). Ho rever, ntl tutura changes of usjshatl be llmlted to lhoso us$ llrted as permltted uses tn ilhectlon [a) of thls sect]on wlth a mcxlmum Sross leasable area of eng0ogjrysquare faet' and.lf a drangs d u$e ls contemptated frorn one Senarat commerchl category (retall and serlces; offlce, professlonal and buslness servhe$ or benb snd flnonctal lnsilbtlonsf to anothbl, orfrom one generlc um (rosuemhl, commerclal publlc/prlvate Smup use] to anothor, wh fotn lhe new use wlll lnvoba a Siross learble arca erceedhgs#go 3000squarefss$ the contemphted new uceghell be subjectto prlorapproval of a speclal cxceprtm apclcatton by th'town councltffirethechsnge ls made(refertosectlon9gi;tll14hrougtt Ag pertalnhb to spect8l t(cepufl usest, ln afftd, thlr urlll altovl any exlstlng use over &ego U@sguare het, ln a dlstrlct wlth ailfe0.9j000.square{sd nmlbtto0 to contlnue oporatlng Et lts exls[ng eca]e orto change to anothar use wtthln the sama tpneral commerclat cttaeory wlthout town councll approval' No oxbttng commerclal uge whlch ls subject to thocnq8o Sr$qsquste feet muxlmum grosr teaoble erea (CLA) regulafion may occupy addlttonat rpace wlthh fb; of the ex&dng llconled buslne$es' whlch dlstance shall be measured atong the Fubllc sldewoll(, lf such nal space to be ocurpled wlll lncreue the lotal 8ro5t leasa ble area (G IA) to mora tha n t7000!,1@square feet' ltt Sestton fga-f59(alths epeclat oteptlon Werrequlre a slta phn ond rerrtew rs pro{ded ln artlde lll of thls chapter. Tho speclol elaeptbn useg ln the c-pc ptanned center dlstrlct are as follovtts l10l: All retall and personal rerulco acttvltl$ exceedln8 gr008 3lop.square feet of grots leasabla area not spectflcolly ctted under the pbrmttted uses ln subedlonf&l13et(el(11.

67 Town of Palm Beach Study of "Town - Serving" provisions September 30, 2olo Prepared by: l'/5jo&oo SEeet, Sutte Serving Florida Local Goyernments Stnce Lggg

68 TABLE OF CONTENTS ( I. BACKGROUND TO THE "IOWN-SERVING'C0NCEPT....,... 1 ll. BASIC FINDINGS; COMMERCTAL D STR CT STUDY III. CURRENT MIX OF USES BY ZONING DISTRICT IYPE OF USE, AND SQUARE FoOTAGE...,... 5 GTS; TOWN-SERV NG DISTR CT,... I GWA, WoRTHAVENUE D STRICT......,...10 GOPI, OFFICES, PROFESSIONALAND INSTITUTIOML DISTRICT...,..,..,,.,..12 GPC, PLANNED CENTER DISTRICT lv. C0MPARISON 0F 1979 and 2009 PATTERNS...14 IOWN CENTER COMMERCIAL AREA....,,,,.,,,..,.14 RoYAL potnctam COMMERC]ALAREA......,...18 V. APPROVALS OF SPECIAL EXCEPTIONS BETWEEN 1990 & 2OO9 FOR BUSINESSES OVER 2,OO() SF...20 VI. OTHER RELEVANT FACTORS AND CHANGES SINCE vil. concluslons AND RECOMMENDATIONS....,...,, Relevancy of flre Town-SeMng" concept and mntinued need for a Town SeMng' provision Ramifications of eliminating the "Towmserving" provision......, Are there better artematives to ttre Tovm-serving' promsion?...26 Table 1 Commercial Retail and SeMce Anchor Establishmenb Major Commercial Areas 1g7$ Table2 Square Footageof CommercialRetaitSeMce Establishmenb 1gZ$80... s Table3 BusinessSquareFootagebyZoningDisfiict Table 4 Dstibrtrion of Business by Zoning Distict ,... I Table 5 Gross Leasable Area of Businesses GTS Distict ,... 9 Table 6 Gross Leasable Area of Businesses C-WA Distict , Table 7 Gross Leasable Area of Businesses C-B District Table 8 Gross Leasable Area of Businesses C-Opl Disfiict Table 9 Gross Leasable Area of Businesses GpC Disfiict , Tablel0 NumberandSizeofBusinesseshyZoningDistictTownCenterCommercialArealgTgand200g...lO Table 11 GWA Distict Business by Type and square Footage 1979 and Table 12 C-TS Distict (Town Center CommercialArea) Businesses by Type and Square Footage 1g7g and 2OOg.,.11 Table13 NumberandSizeofBusinessesbyZoningDisfiictRoyalPoincianaCommercialArealgTgand ,...ls Table 14 Royal Poinciana CommercialArea Businesses of 4,000 and More Square Feet by Type and Square Footage 1979 and ,..., Table 15 Approvals Businesses in Excess of 2,000 Square FeetTown of palm Beach, Florida jgg0-200g...20 Table 16 Special Exception Approvals Businesses in Excess of 2,000 Square Feet by Type of Use Town of Palm Beach, Florida Table 17 Special Exception Approvals Businesses in Excess of 2,000 Square Feet by Zoning District ( Town of Palm Beach, Florida 1ggG,200g...;i......,...22

69 I. BACKGROUND To THE'TOWN.SERVING'' CONGEPT At the Toram Council meeting on Jaouary g,lg7g,mrs. Barbara Hoffsto! representing the Garden Club, rnade a prese,lrtation to thecouncil concerning the changing condition of the Town and the Garde,n Clt't dismay at the collapse of services to the residents including the then recelrt loss of small local oriented retail and service businesses. She noted the demise of a gas statioq car repair shop, bakery fish marke! floris! hardware store, hotel small restalran! water/ice business and a landscape company. It was this initial preselrtation that igpited the Town Council's concsm over what was perceived to be an evolving tend that was changing the character ofthe Toum's oommercial segtor. In April of 1979 the Tcihm Manager, George Fros! provided a memorandum to the Town Counciloutlining the basis for adopting Ordinance No implementing a Commercial Moratorium. In this memorandum the following paragraphs de.scdbed thelpurpose of the study of the Town's commercial development that ultimate$ formea the basis zu tni "Town-Serviig" provision and associated limitation on gross floor area for commercial uses in the Town. "9. Reviewthe existing composition of commercial development inthe C-A and C-B hfugdisticts with the intent of encouraging ana proviaiag a n cessary balanee of 'posonal service'commercial uses forresiderts of the Town-and discouraginghigh-.. volume retail and other commercial uses whose principal purposes are to serve other than residelrts of the Town.,' "3..Via memoranda daf d March 28 mdapril 3rd on topics of the 1980 Zoning Hearings, -.Mr. Adley has bem requested to study and recomniend on the creation of1o.* commerci4 zoning distic(s) qnd otherrclevantfgeffiques and approaches which would differentiate betwee,lr various types of commercia uses and which would give different treatnent to commereial uses providing services'to the immediate residential neighborhood...,, In a memorandum dttd April 28, 1979 from Harry C. Adley, President of Adley Associates, Inc., the Town's Planning and Zoling Consultm! io the Town Manager, the ffiary objective of the shrdy to be conducted drning the Commercial Moratori * ** d"rcrfred as follows: hatt, and To vfuere possible reverse, the trend by u&ich the Towrils commercial d]sticts are changing ftom a "Town=Serving" function to a region-serving fimction" changes which are resulting in an irtcrease in tramc congestion, parking demand, loss of convenie,nce to the Townspeople and related problems.,' ( ffi 1 ot27

70 I ll. BASIG FINDINGS: { commerctal DtsrRtcr srudy Adley Associales, Inc. conducted its study of the uses in the Town's commercial areas d*ring the late snmmer of 1'979 and provided inidal findings in October of that year. In December of lglg, the firm presented its 'tsummary of Research aoa finaiog." for the iommercial District Study. These findings served as the basis for establishing the 'Toram-Serving" concqlt and requiremlnt to obtain approval of a special exception to expand an existing commercial *-", o, establish a ne\4/ commercial use, involving over 2,000 sqrure feet of gross leasable area (GLA). Market analysis based on population and qpending pattems indicated that the square footage of retait aqd servjce tjpe commercial uses in the Toum were not likely zuppormbb by the lo&i population It was also suggested that the loss of small local serving businesses atthattime was due to rising rents andprolerty values spurred by competition frod hrger businesses eager to take advantage of a Palm lsastr location and name. yr+ of the orisinal Commercial Dishict study dealt withtrying to determine the character of the Town's commercial sector and the extent to which "regol sjving" businesses were located in the commercial dishicts. However, early on it was sugglested, base-d on general marketing patte'ms and local knowledge ofthe character and makeup of commercial e-stablishme,lrts in the Torvn, that comrnercial uses of over 4,000 square feet were tle uses most likely to be serving a market beyond the Town limits. Inventory of the businesses in the Town indicated that about g0% of the retail and service businesses in the Town con-tained 2,OAO square feet or less of gross floor area Conseqqenfly, the Town determined that it was pruilent tt set this as the threinota beyond which substantiation be IPold required to show that the majority of customers of the business could be expected to be :Tovmpersons". fne definition ersons:includert all full-fime or seasonalgidents living in, or employees working in, or visitors staying overnight in the Tovun- Businesses of 2,000 squaxe feet or less were therefore automaiically considered "Town-Serving" by virtue of their small size, vthich was the defining and predominant characteristic among bgnesses in the Town. A business over 2,000 square feet that could substantiate that the mai]rity of its customers were "Townpersors," was also deemedto be',town-serving." While the investigation into the sizes and character of businesses in the Town in 1979-SO was timited to the type and sizes of retail and service businesses in the Towrq it was also found that much of the lopfeti{on for commercial space was due to demand for of,ece space. Occupational license information for 1979 indicated that there were slightly over 400 office-type b'usinesses in the Town The gross floor area of these businesses was not idenffied at thattime. 2of 27

71 Atthe time the Commercial Distict Studywas rmdertake,n, there were onlytwocommercial zoning dismics in the Toun:, C-A md C-B. The C-B distict e,ncompassed only a very mall rea along Royal Palm Way between Sodh County Road and Sorlh Ocean Boulevard. While there was, and sdll is, a small area of commercial znningin the vicinity of South Ocean Boulward and fteiake V/orthBridge, fteprimary commercial anes inthe Tonmwerelocaf 4 as theyarenowin two areas ofthe Town - the Town Celrtq and Royal Poincima reas. These two areas are identified onthe map onthe followingpage. The Town Center ae inchrded Worth Ave,nre, Penrvia Ave,lnre, Souh Coffiy Road md Ropl palm Way,all zoned C-4 as well as the small area along Royal Palm Way zoned C-8. This axeaw2s referned to in fre shdy as the 'Vorth Avenue Comwial Dstist". The other commercial concenffition was mainly inthe vicinity ofthe Royal Poinciana Plazaand aloug Royal poinciana WaL Bradley Place, Sudse and S,nset Ave,lrueg md North Cormty Road. T,hir *.a *rs referred to as the "Ro5al Poinciana commercial Disftict'i in the lgtg-so stuby. The numbr, fpe and scale of the larger retail and service establishqents in ech ofthese two aeas are illushative of each disticfs chaact r. The Town Cemler aea was the larger ofthe two with abou 450,000 quarc feet of retail md service qpace compmed to atrorr tt0,ooo squarc feet in the Royal Poincianaarea. The formerwas overrvhetningly devotedto shoppers'trce goods md, as can be seen in the Table 1, more and lrger retail anchor stores (except foi the frruti* *p."-*["t which is considered a convenie,lrce-orie,nted retail outlet). Table { Commercial Retall and Service Anchor Estabtishmenb MaJor Comrnercial Areas ffiehaffitqsr;,;}.:ffi:* ffi Saks Fifth Ave. 16,380 Publix 32,000 Brinkley's Grocery 9,750 Sara Fredericks 10,286 Bonwit Teller 9,576 Stanley Nelson Boutique 4,679 Frances Breralster 8,550 Wonills 10,136 Gucci 5,400 Sara Fredericks 5,225 Maus-Hoffnran 4,320 Stagg Ltd. 4,240 Taboo 9,678 Restaurant Pappagallo 4,725 Nandos 6,300 Cappriccio 4,679 Pettt Marmite 5,796 Maurice 4,42 Mandarin 5,400 Testa's 4,125 Flame 4,500 OlHara's 4,125 ( Source: Commercial Distict Study, Adleytrssociates, gns. LaRue Planning Q Management Services, lnc. 3ot27

72 COMMERCIAL ZONING, 1 979,Roya,.Bofuiolana Feet E Zoning E C.B ffi C-A ncvqi&

73 Theinventory of retail and service uses :r-1,g7g excluded offices, financial institutions and hotels' Using raw data from the 1979 inve,ntory ofretail and service uses, the information in the following table indicates that about 760/o of theures were comprised of i,oog rqu*" feet or less. This is reasonably consistent with the inidal estimate of about 80% during t}ri151lg-sg study. Table 2 Square Footage of Gommercial Rehil and Service Establlshments Source: 197S90 Commercial Disfict Study, Adley Associates, lnc. LaRue Planning & Management SeMced, lnc. III. CURRENT MIX OF USES BY ZONTNG DISTRICT, TYPE OF USE, AND SQUARE FOOTAGE Since 1980, there have been five commercial zoning distrists in the Town The C-A district was divided into the first four districts listed below. fn" C-g dishict involves ttre same geographic area as in The map on the following page shows the delineation of the Town,s five commercial zoning dishicts tristed below. C-TS, Commercial - C-WA Toum-serving Commercial - Worth Avenue c-opi, commercial - offices, professional and instit*tional C-PC, Commercial -planned center C-B, Commercial- Offices (. Sottl

74 COMMERCIAL ZONING, 2OO Feet FE--- Zoning ffi C.TS GWA GOPI c-rc C-B rxe ffi

75 Unlike the study which relied on physical visits to the site of each business to estimate i-ts squarg footage ba-sed9n arough measmement of the geometry of the specific builrting or uni! be 20A9 infomation is taken from the Toum's."^p,tr*lrrd records of Business Tar Receips Qbyous examples of businesses with multiple BtRs (e.g., a resta,rant rhat also carried a BTR for tts-nightclub or catering operatioq or for individuallu*y.rc within a firm which had been issued a BTR), were deleted from the lisl Hotels and ofeces were not included nthe 1979 inventory. Thereforeiotels and the very largest banks and brokerage and administative offices have been excluded from the 2009 inventory of the C-TS and C-WA zoning districts. However, sinss lanks and offices lve -been zubject to the need for a qpecial exceptijn to exceed 2,000 square fee! these smaller banks and offices up to 10,000 square feet are included in the 2009 inventory. This leaves 639 BTRS of which qli Q+'/")*otuio complete information. It is &ese 463 btsinesses upon whichthe information in Tables g th-,rgh 9 and associated analyses are based. Table 3 BUSINESS SQUARE FOOTAGE BY ZONING DISTRICT 2009 ffie i ffi+i 680/o 256,096 1,423 ffiffiffibtffish+*ilk C.TS GWA o/o 397,120 2,194 -_..--_1_--.-_ GOPI o/o 193,640 3,123 c-pc o/o 105,719 2,711 GB o/o 25,749 2,A o/o 978,322 2,069 (1) Based on active BTRs forwhlctr square footage data is available, butwijth obvious dupllcatlons removed. \2) lncludes allbtrs butwith obvious duplications rernoved. Source: Business Tax Receipts, Town of palm Beach, 2010 LaRue Plannlng & Management SeMces, lnc. ( 7 ot27

76 Among the 473 businesses included in the analysis, the average size *as computed to be ( 2:068 squar-e feet of gross leasable area- as wouta be expelted based \ on the intended character of the zontng districts, the lowest average is founi in the C-TS distict and the Feh:tt in the C-OPI and C-PC districts. Because of the small number of uses in the C-B Distic! data for this dishict has little significance in this analysis. As can be seen in Table 4, almsst 78% of thebusinesses contain Z,OOO square feet or less and almost 89% contain fewer than 4,000 square feet. Again the C-TS Distict has the largest percentage of small businesses with over 84% containing 2,OOO or fewer squlre feet and just under 92Yo of the businesses have less than 4,000.qo*" feet. A substantiat majority of businesses in all districts have less than 4,000.qr*" feet of gross leasable area- Table 4 DISTRIBUTION OF BUSINESSES BY SQUARE FOOTAGE CATEGORY BY ZONING DISTRICT ,AOO & Under s o/o 77.8% 2,OO1-2,ggg o/o M.60/o 3,000-3,ggg 4 6 o % 4,000-4,ggg o % 91.3o/o 5,000-5,ggg % 93.9o/o 6,000-6, % 95.6% 7,000-7,ggg o.8% 96.4% 8,000 - g,ggg o.o% 96.4% 9,000 - g,ggg o 4 o.8% 97.3o/o 10,000-12,ggg o.8% 98.1% 13,000 or more % (1) (1) 2,000 or less u.4% 80.1o/o 63.9% 59.0% 81.8o/o T7.2Yo Less than 4; o/o 90.1o/o 86.9% 74.4o/o 90.1% 88.8% (1) Parts to not add tol00.0 due to intemalrounding Source: Business tax receipts, Town of palm Beach, 2010 LaRue Planning & Management Service, lnc 8ot27

77 C.TS, TOWN ERVING DISTRIGT aves,ee square lhe footage of retail and service businesses in the C-TS Distri ctis 1,427 square feet and the vast mqiority of uses contaln 2,000 square feet or less. Almost 92% contain less than 4,000 sqlnre feet (See Table 5). The lrgest retail and service uses in the C-TS are the palm Ballroom (which is now vacant) at235 Suori3e Aveirue and the Bank of America at 140 North County Road. Including the Palm Ballroom (which held BTRs for restraurant, catering and nightclub operations) there are six restanrants in the C-TS District. Restaurants are the most prevalent uses with over 4,000 sflrare feet in the c-ts Distuict. Table E GROSS LEASABLE AREA OF BUSINESSES C-TS DISTRICT 2009 Club Collette 6,7U 2,000 & Under 152 u.4% Caf6 L'Europe 6,774 2,001-2,ggg o 5.Oo/o Palm Beach Historic lnn 7,000 3,000-3,ggg 4 2.2o/o Bank of America 7,700 4,000-4,ggg 6 3.3o/o The Palm Ballroom 14,000 5,000 5,ggg 2 1.1o/o , o/o , o/o g,9gg 0 0.Oo/o g,gg9 0 0.Oo/o 10,000-12,ggg 0 O.Oo/o 13,000 or more 1 O.60/o (1) Parts to not add to due to intemal rounding 256,096 1, (1) Source: Business tax receipts, Town of palm Beach, 2010 LaRue Planning & Management SeMces, lnc. 9 ofii

78 C.WA, WORTH AVENUE DISTRICT Table 6 provides data for businesses in the C-WA, Worth Avenue Dishict. Worth Avenue remains primarily a location for high-end shopping goods. Larger businesses are more prevalent and of considerably greater size in the C-Wa District than in the C-TS District. p9 avera8e square footage is over lvz t',nesthat prevailing in the C-TS District. There are 18 businesses withover 4,000 square feet in tnis Ilisrict. Tle largest are Neiman Marcus (49,917 square feet) and Saks Fifth Avenue (48,661sf). Both are located on Worth Avenue east of South County Road. Neiman Marcus was first approved in 1998 and the expansion of Sals Fiffh Avenue was also approved in f'ourteen (14) of the businesses with 4,000 or more square feet are merchants, two are restaurants and tvyo are banks. Iable 6 GROSS LEASABLE AREA OF BUSTNESSES ' c-wa DISTR CT 200e *r*h#,stl#{ie-- ffihlffieffi. Tiffany $"i,trfl&ien$ and Company 11,360 2,000 & Under o/o Polo Ralph Lauren 15,816 2,@ /o Neiman Marcus 49,917 3,000 3,ggg 6 3.3o/o Saks Fifth Avenue - 48,661 4,000-4,ggg 3 1.7o/o 5,@0 + 5, o/o 6m0-6, o/o , % 8(p0-g,g9g 0 O.Oo/" 9m0-g,g9g 4 2.2% 10,000-12,w9 1 o.60/o 13,000 or more 3 1.7o/o (1) Parts to not add to due to intemal rounding 181 (1) 397J T=-- Source: Business tax receipts, Town of palm Beach, 2010 LaRue Planning & Management Services, lnc. 10 of Zl

79 CB, OFFICE DISTRCT The C-B Distuict was retained from the original zoning lu_lgtg.it was intended to provide for off;ice tlpe uses in structures compatibte witl nearb/residential neighborhoods. it is fully developed in ofece type uses including fuanks, law, ieal estate, business and administrative offices. It is also the home of the Palm House (formerly the Heart of palm Beach Hotel). Because of its small size and limited scope of uses, the C-B District has little relevance to this study of the "Town-Serving" provision. The dataprovided on Table 7, following, are provided in support of this assertion. Table 7 GROSS LEASABLE AREA OF BUSINESSES C-B DISTRICT 2009,NEi."gIF,lFR'iJ,fi FHHEffi, Palm Beach Board of Realtors tnc 2,970 2,000 & Under I 81.8% U S Trust 13,300 1@1-2,W 1 9.1o/o 3,000-3,ggg o o.o% 4,0m-4,@ 0 o.o% 5,(m 5,ggg 0 o.o% - 6(x)0-6,999 0 O.Oo/o 70@ 7,999 0 o.o% 8[m 8,999 0 o.o% - 9[n0-9,ggg 0 O.Oo/o 10,m- 12,w9 0 O.Oo/o 13,000 or more 1 9.1% 100.0% Source: Business tax receipts, Town of palm Beach, 2010 LaRue Planning & Management SeMces, lnc. ( ffi 11 oltl

80 G.OPI, OFFICES, PROFESSIONAL AND INSTITUTIONAL DISTRTCT The C-OPI Disnid is locatd atong both sides ofroyal PaJm Way, the cemtral entmce to fte Town from fte mainland viathe Royal Park Bridge. It is characterized by banks and other financial institutions, law and real estate firms, and business and administative offices. In prior years some restaurants were located in this distict, btt have since been replaced by office type uses. This distict has the highest average size per busines s Q,l?i square feetl *d n^ u * iderutrly lower percentage of busine,sres of 2,000 squtre feet or less than the neighboring C-TS md C-g disticts and thenearby C-WA Dishict Brcept forthe Rehabilitation Center, the lagest 6usinesses are all financiat and related institrtrions. Iable 8 GROSS LEASABLE AREA OF BUSINESSES C.OPI DISTRICT 2009 UBS Financial Services lnc 1'1,000 2,000 & Under o/o Menill Lynch Pierce Fenner & Smith 14,1U 2,@1-2,9g 5 8.1o/o Morgan Stanley and Co lnc 14,319 3,000-3,999 o 14.5o/o JP Morgan Securities 22,195 4,000-4,ggg 0 O.Oo/o Rehabilitation Center for Children and Adults 30,000 5,0c0-5,w 2 -,ar i 6, /o , /o ,999 0 O.Oo/o 90@ - 9, % 10,000-12,ggg 1 1.6% 13,000 or more 4 6.5o/o Source: Business tax recoipts, Town of patm Beach, 2010 LaRue Plannlng & Management Servlces, lnc. 193,640 3, % 12ot 27

81 C.PC, PLANNED CENTER DISTRICT The PoincianaPlazais considered a plannsd commercial center and its most recoenizable fixtwe has been the Royal PoincianaPlayhouse which was recently grven Landmark status by th-e-town. Apart from the now vacant Playhouse, the C-PC Distiot i-s largely devoted to office type uses including administrative/business, real esgate and property managemen! law, consulting and banks (19) and medical ofeces (11). The remaining ur.r *. retail merchants (9), services (5) andrestanrants (3). The largest use is the law firm of Alley Maass Rogers & Lindsay with 12,256 square feet (see Table D; Wme most of the uses (592o) do not exc-eed 2,000 square feet in gross leasable a.rea, this percentage is even less than thai recorded for the C-OPI Dishict. rlffi #ii$:wisl"t$#;i;l+*.jii.a-+alixil;*-"tt Iable 9 GROSS LEASABLE AREA OF BUSINESSES C.PC DISTRIGT 2009 Palm Beach Grill 6,515 2,000 & Under % lsland Hospitality Mg[ lnc 10,000 2,@1-2,W o/o 4lley Maass Rogers & Lindsay pa 12,256 3,000 3,ggg /0-4,C[p-4,W o/o 5,000-5,w o/o ffio-6; /o 7m0-7,ggg 0 O.Oe/o 8Un-g,wg 0 0.Oo/o 90@-g,gw 0 o.o% 10, e/o 13,000 or more 0 O.Oo/o (1) Parts do not add to due to intemal rounding. 105,719 2, (1) Source: Business tax receipts, Town of palm Beach, 2010 LaRue Planning & Management Services, lnc. 13 of 27

82 M. COMPARISON OF 1gZ9 and 2009 pafierns The information contained in the 1, Commercial Study is not direcfly comparable to that collected fot This is because there was only one majoi commercial Lonnidisfict n lg7g, the C-A Disfict. Consequently, the 1979 inventory was developed on a geographic basis, separating the Town Center commercial area from the Royal Poinciana *mmirria area The Towns current commercial zrrntagemploys five different znnngdistricts one of which, the C-TS Distict, is located in both the Town Center and Royal Poinciana areas. The Town Center area contains the C-Wd C-TS, C-B and the C-OPI Districts. The Royal Poinciana area now contains the C-TS Dishict and the C-PC Dishict. The following discussion will compare these areas to the extent that valid comparisons can be made. TOWN CENTER COMMERGIAL AREA Because the C-B md C-OPI districts are limited primarily to office type uses for which we have little 1979 data, for the ptrposes of this analysis these dishiots are exituded. The Town Center area includes all uses in the C-WA Dishict as well as rrscs in the C-TS Distict along Penrvian Avenue, South County Road and parts of phipps plaza As can be seen in Table 10, overall the average business size in this area has increased by l8% since This is largely due to changes along Worth Avenue where average size has risen by Z Yo."t\e newnieman Marcus store and the expansisn 6f gaks Fifth Avenue combined witl other large stores has resulted n a 64%,increase in businesses of 4,000 square feet or more since More dramatic, however, is the fact that the total square footage associated with these types of businesses has increased to almost 2'12frmeswnat it was in 1979, from 81,738 squaxe feet to 1,97,480 square feet. A listing of retail and service businesses located in the C-WA District and having 4,000 square feet or more of gross leasable tn 1979 and 2009 is provided in Table 1 l. Change in the C-TS district has been relatively modest, with average square footage per business increasing less ttran 7Yo since Alisting of retail and service businesses of +,OOO square feet or more located in the Town center C-TS Distict is provided in Table ol 27

83 Table 10 NUMBER AND SIZE OF BUSINESSES BY ZONING DISTRICT TOWN CENTER GOMMERGIAL AREA {979 AND 2009 GLA (SF) Number Percent Number Percent 2,000 & Less % % 2,001-3, o/o o/o 4,000 & Over /o o/o TOTAL o/o 181 (1) AVERAGE 1,715 2,194 2,000 & Less % o/o 2, o/o o/o 4,000 & Over 3 3.3o/o o/o TOTAL o% 139 1OO.Oo/o AVERAGE 1,U5 1,4U 2,000 & Less /o o/o 2,@1-3.ggg o/o /o 4,000 & Over o/o o/o IL.,IAL 221 (1) I I I T (1) AVERAGE I 77 I 4e A' -l 1.5 (1) Does not add to % due to intemal rounding. Source: 1979 Commercial Distict Sfudy, Adley Assoclated, lnc., 19g0 Buslness hx receipts, Town ofpalm Beac*r, 2010 LaRue Planning & Management Servi.ces, lnc ( 15 ot 27

84 Table {1 C-WA DISTRICT BUSINESSES BY TYPE AND SSUARE FOOTAGE 1979 and 2009 il":;:riai,*;,'.iiwi*i-.",."t Saks Fifth Avenue Frances Brewster Taboo Petit Marmite Gucci?:,-ia(fl i1::(!. :i -'ril ': J:.'ii+i'=.'".1.r t,,.i. mftffr,:. 16,S0 8,5S 9,678 9,576 8,073 5,796 5,aoo 5,25 4,5m W I ffi -l!\:-r:.i-il-rj.:".-..,.:,.., : -:. :,^::.'.., Merchant Merchant I Restaurant Merchant I Art eatbry wi Restaurant I Merchant I Restaurant The Flame Stagg Ltd. 4,2N Merchant Maus & Hoffrnan 432o Merchant Number 11 TotalSquare Foohge 81,739 Neiman Marcus Merchant Saks Fifth Avenue 48;661 Merchant Polo Ralph Lauren 15,816 Merchant Tiffany And Company 11,@ Merchant Chane! 9,526 Merchant Mary Mahoney 9,200 Merchant Escada 7.1@ Merchant Taboo 6,334 Restaurant Brooks Brothers 6,000 Merchant Trevini Restaurant 5,243 Restaurant Maus & Hoffman lnc 5,2@ Merchant St John 5,200 Merchant Wally Findlay Galleries lnc 5,140 Art Gallery GiorgioArmani 4,683 Merchant Giorgio's Of Palm Beach 4,100 Merchant AB Levy Pdm tseach 4,0@ Merchant Number {6 Tohl Square Footaoe 197,ffiO Source: Commercial Distid Study, Adley Associates, lnc., 1 gg0 Business tax receipts, Town of Palm Beac*r, 2010 LaRue Planning & Management Services, lnc 1A ot 27

85 (' Table 12 _9I9 PISTRICT (Town Genter commerciat Area) BUSINESSES BY TYPE AND SQUARE FOOTAGE and 2009 Brinkleys 9,750 Grocery 354 S. County Rd Mandarin 5,400 Restaurant 323 S County Rd Courtyard Plaza I nteriors 4,125 lnterior Decorator 240 S County Rd Grill& Bar 2,700 Restaurant 264I County Rd Number 4 TotalSquare Footaoe 21,975 Cafe L'Europe 6,774 Restaurant 331 S County Rd Club Collette 6,74 Restaurant 215 Peruvian Ave C Onico 5,500 Merchant 336 S County Rd Amici Ristorante & Bar 5,270 Restaurant 375 S County Rd 264 The Grill 4,816 Restaurant 264 S County Rd Church Mouse 4,759 Merchant 374 S Countv Rd Source: Number 6 TotalSquare Footaqe 33, Commercial Distrid Study, AdleyAssociates, lnc., 19g0 Businels. taxreceipts, Town of patm Eeactl2Otb LaRue Planning &'Management SeMces, tnc 17 ot 27

86 ROYAL POINCIANA COMMERCIAL AREA The Royal Poinciana commercial area includes all uses in the Royal poinciana plaza,(the C-pC District) and along Royal Foinciana Way, Bradley Place, Sunrise-and gunset Avenues, and North County Road (C-TS Disrict). As can be seen in Table 13, the average size of businesses in this area ha"s not increased appreciably since For example, in the C-TS portion of this area, the average was2,109 6lgTg and2,1l3 n2009.inthe C-PC Dishictit was 2,842:m1g7g arrd,2,llt AiOOg.However, we have less confidence in the data for this portion of the c-ts district rhan other areas of the Town only 59% of the businesses -b**9 with BTRs include square footage information for2009. Nevertheless, while there does not appear to have been a significantlhange in size of businesses in this area, there has been a marked shift in the charact.r olth" Royat potciana plqzafrom retaiuservice orientation to more of an office complex. A listing of retail and service businesses of 4,000 s$ure feet or more located in the Royal Poinciana commercial area in 1979 and,2009 is provided in Table 14. Table 13 NUMBER AND SIZE OF BUSINESSES BY ZONING DISTRICT ROYAL POINGIANA GOMMERGIAL AREA {979 AND 200e ffi SlRSlUft iffi lii-affi F-ff ;rs, 2,000 & Less u 69.6% u 81.Oo/o 2,OO1-3,ggg /o 3 7.1o/o 4,000 & Over I 9.8o/o o/o TOTAL % 42 1O0.Oo/o AVERAGE {jy! -il+4^;i.i.4, i; r.irirlaiir.!_.:<.4 2,000 & Less o/o % 2,001-3, /o % 4,000 & Over o/o /o to tal 17 (1) -l I AVERAGE I I (1) Parts do not add to due to intemal rounding. 2.84?l,744 Source: 1979 Commercial District Sfudy, Adley Associates, lnc., 19g0 Business tax receipts, Town oi palm beach, 2010 LaRue Planning & Management Services, lnc 18 ot 27

87 ffi*iir-ii]j Table 14 ROYAL POINCIANA COMMERCIAL AREA BUSINESSES OF 4,OOO AND MORE SQUARE FEET BY TYPE AND SQUARE FOOTAGE 1979 and 2009 #,}::ifl'ti Rra{s.}! r,:1,-'.!.i+::.rilirn..-f,,.r'x1 rrt ra ft*{hh}idt*i:i$ ", - i r.?.1}{.ii-.slbli n :' Sara Fredericks 10,296 Merchant Royal Poinciana Plaza 9l3dgy Nelson Boutique 4,679 lriterior Deco. RoyalPoinciana Plaza Cappriccio 4,679 Restaurant RoyalPoinciana Plaza :rffii. Publix 32,000 Supennarket 265 Sunset Avenue Restaurant Pappagallo 4,725 Restaurant 107 Bradley Place Maurice 4,U2 Restaurant Bradley Place Testa's 4,125 Restaurant 2SRoyal Poinciana wav Ohara's ffi 4,125 Restaurant 128 North County Rd. I' s?i-?1.+. *L " #l.*3"-.rei^i 4lley Maass Rogers & Lindsay pa 12,256 Law Firm RoyalPoinciana Plaza lgend Hospitalig Mst tnc 10,000 Adm. Office Palm Beach Grill 6,515 Restaurant Royal Poinciana Plaza lnnkeepers USA Trust 5,620 Adm. Office Royaf Poinciana Plaza Brown Hanis Stevens Of pdm Beach 5,125 RealEstate RoyalPoinciana Plaza Suntrust South Florida l,la 5,020 Bank Royal Poinciana Plaza rstano uermatotogy Laser & 5,000 Medical 50 Cocoanut Row Anti-Aging Michael R McCafi/s 4,U8 Restaurant 50 Gocoanut Row Sotheby's lntemational 4,100 Real Estate Royal Poinciana Plaza Ivlurphy Reid LLP 4,062 Law Firm Royal Poinciana Plazr, Publix 32, SunsetAvenue Falm Ballroom (vacant) 14,000 Caterer, Nightclub, Restaurant 235 Sunrise Bank of America 7,700 Bank 140 North County Rd. Echo 4,595 Restaurant 230 Sunrise lsland Hotel, lnc. 4,360 Uncla"sified 235 Sunrise 251 PB 4200 Restaurant 251 -Qrrnriea Source: Commercial District Sfudy, Adley Associates, lnc;19g0 Business - tax receipts, Town oi palm -Beach, 201O LaRue Planning & Management Services, lnc - ffi 19 ol 27

88 V. APPROVALS OF SPECIAL EXGEPTIONS BETWEEN {990 & 2OO9 FOR BUSINESSES OVER 2,OOO SF The Town Fovided a haqdvmifien list of 191 special exceptions, each involving more than 2,000 squre feet of commercial floor aeq tht were ryproved by Toram Council d*iog tne 1,eas ieeo through 2a09. Dafa forthe Palm House (formerly the Heart;f palm Beach HotO was available brf was excluded becars hotels were not includedin the study. Of the tgt Uusinesses, 161 contained sufficient data for analpis. It should be noted thaq according to tle Towns Zn1i1;1g ry application for a qpecial exception to the 2,000 square-foot limitation has be n denied since at least As can be see'n in Table 15, the average approval involved 5,956 square feet The largest number of approvals was at ttre blo e,lrd of the qpectnm. A little less than nx g.a%qinvolved floor area of less fhan 4,000 square feet and more thm.lw/oofthe approvals involved less tlan 6,000 square feet Table {5 APPROVALS BUS NESSiESIN EXCESS OF ao0osquare FEET TOWN OF PALM BEACH, FLORIDA { ,OO1to 2, /o 28.60/o 3,000 to 3, O% 36.60/o 4,000to 4, o/o 62.7o/o 5,000 to 5,9S o/o 70.8% 6,000 to 6, o/o 78.3o/o 7,000 to 7, % 82.Oo/o 8,000 to 8, o/o 85.',\% 9,000 to 9, o/o 87.60/o 10,000 to 12, o/o 95.1% 13,000 SF ormore I 5.Oo/o (1) (1) Parts do not add to due to intemal rounding. Source: Town of palm Beach, 201Q LaRue Planning & Management Services, Inc. 20 of 27

89 ( The establishments with the greatest amount of floor space were two retail stores, Saks Fifth Avenue and Neiman Marcus. Both were approved in 199i1 and are located on Worth Aveirue east of South County road. These involved qg)6il and 49,917 square fee! respectively. While retaivservice yses are by fur the most prevalent in the list of approved special excqrtions, banks and finansiat institutions consistently involve tn gr"ut r flooi-areas. fo f*t, if the two largest retail approvals cited above *".*"lud"d, atl retiiuservices, offtces, and restaurants average in the range of 4,000 to 5,000 square fee! whereas banks and financial institutions together average 8,994 squre feeq almost twice that of the average of a]l other uses (4,527). Table 16 SPEGIAL EXCEPTION APPROVALS BUSINESSES IN EXCESS OF 2,OOO SQUARE FEET BY TYPE OF USE TOVUN OF PALM BEACH, FLORTDA { #rffiffishf:l Banks 24 8,545 19,852 and22,185 Financial I 10,199 16,099 Offices 29 4,760 20,730 Restaurants 31 4,409 7,O74 Retail/Services u 5,933 49,661 &49,917 House of Worship 2 4,O72 3,820 &4,323 #,#;lfiss Source: Town of Palm Beact,2010 LaRue Planning & Managemenl services, lnc ( 21 ot27

90 Most of the special exception approvals were for businesses located in the C-TS Distric! fullowed by the C-WA Distiet The average square footage was the lowest in the C-TS, followed by the C-WA Distict, with the hi-ghest average Jccurring in the C-OPI Disfict There were an inconsequential number of approvals in the C-pC Disticiand none in the C-B Distict. MotT a slim majol8 of approvals in the C-TS and C-WA Districts involved less than 4,000 square feet less than half of the approvals in the C-OPI Dishict involved less than 8,000 sqrpre feet. Table 17 BUSrNESsEsrNot8e=r"l1H3rTJl".llfi t=t+"#itzo*ncdrsrrrcr TOWN OF PALIU BEACH, FLORIDA Excludes Publix, 52o/o <4,000 sf; 85% < 6,0@ sf Wo.4,000 sf; 68% <6,000 sf; 80% < 8,000 sf 10o/o < 4,000 sf; 19% <6,000 sf; 48% < 8,000 sf were for 3,000 sf and 4,M8 sf Town ofpalm Beach, ot27

91 VI. OTHER RELEVANT FAGTORS AND GHANGES SINCE 1980 Since the Commercial Distict Study was conducted and the,,town-serving,,provisions were incorporated into the Town's zoning-code, eight rn"ppi"g ""* ffi n"il u"* sonstructed in PaIm - Beach County. These-include: The Garde,ns I\{a11 City Place Legacy Place Dovmtoumdthe fu ms Toum Ceiiler dbocarafion Miaer Park TheIMall at Wellington Cjle n Bolmton Mall While a number of these include some retail outlets rhat are l@ated in the Tovm ofpahn two Becb - The fu ns IMall and Tonm cent r at Bo@ Rdon - are high-e,nd mails tn* cmer to the same typ of customer as shops in the Toum offalm Beacb prrd*l*f ttffi. ftey rqesenl competition for customers Iiving o,frr# th;trd whq in the past, had no native alter- other than Palm 3sac6 in order to patr;nize such high-end *tuit *r. rfrgn-*a knants these malls that in could be expected to be competition to \Moith Ave,nue merchants include: As s,ch, The Gardensl\&rll GrEi Flmilton Jewele,rs Toumean Nordstom LouisVuibn LillyPulitzer Brooks Brofhers TovmCenterAB@aRdon Neiman Marcus Cartier Tiffany & Compmy Iouis Vuitton Michael Kors Lilly Fulitzer Ralph Lauren ( The adve'lrt of such competition could reduce the extent to rryhich Worlh Ave,nue shops atrract residents of, and visitors to, areas outside of the Town ofpalm Beach. In fact, these high-end 3ft.pof" competition to residents and visitors staying in G Tonm of palm tseach as well.?:tpit" its beauty, Ht9"y and charm, Worth AvenueLust compete with the newer malls, climate-confoolled faeilities. The Avenue's exposure to the elements is, in toaays world, a poteitial drawback targo stablishmems like Neiman l\4mcus and The Esplmade may work to minimize the loss oflocal patons who might othenuise be draumto thenewerclimate+ontolled malls outside ofthe Town. 23ot27

92 VII. CONCLUSIONS AND RECOMMENDATIONS GONCLUSIONS The following addre.ss each ofthe issr.rcs required to be addressed as set forth on page 3 of the Scope of Services. 1. Relevaney of the "Town-servingtr concept and continued need for a tttown Senring,t provision. We believe the data and analysis corrtained. in this report indicates that the,,town-seling,, concept is still relevant and useful, however le,ss so and perhaps in a d.ifferent "oot i, than was perceived to be the case at its inception. The Town's corlmercial sector continues to be characterized by small establishments. Fully 78% of thebusinesses contain less rhan z,o}osquare feet of gross Ieasable area and 89% contain less rhan 4,000 square feet. Despite the C-Tf District being the zubject of the greatest number of special exception approvals, there has been orly a slight increase in the average size ofestablishmelrts in this diseict. While smalles businesses continue to be the rule iather fhan the exception in the C-TS DishicL and this may be due somewhat to the "Town-serving" provision, it is also due at teast inpartto the inclusion of office uses in the 2009 inventory. Overall, officetlpe usm in tend to be smaller rhan other uses in the C-TS Distric! and ofh"" uses were not included in the 1979 inventory. Office uses account for about one-third of the uses in the C-TS District for which data is available. While small shops still dominate the Worth Avenue ZnfugDishic! it has und.ergone -siqnificant change, particularly with the addition of more and much larger anchor "*t b- lishments rhan was the case :m1,g79.the most notable examples are freiman Marcus and the enlarged Saks Fiffh Avenue, each with almost 50,000 square feet. Withthese, the 100 block of Worlh Avenue is not of the same shamcter as the area further west. Looking at the C-OPI Dishic! it appears clear to us that the current character of'the Diskict as well as the history of special exception approvals indicate that the,'town- Serving" concept has little relevance in the C--OPI dirri.t. The uses that predominate in this-area are primarily financial institutions and professional offices. while they may rely on the ara of apalm Beach address, the nature ofmodern banks and financia instituiionji, particular rely less and lesg on physical visitation by its customers, thereby possibly --qr"gthepote,ntial effects of suchbusinesses onthe Town ThehistoryLfqeeciat exception approvals also indicates that the Town recognizes this charactr.irti", as the average squue footage of such approvals is considerably higher than in other districts.?a ot27

93 ( 2. Ramifications of eliminating the 'rtown-serving" provision. C-OPI & C-B Districh: We do not believe that eliminating the "Town-serving,,provision in the C-oPI or C-B Districts will have *v riguinl-irff."t upon the Town- This is primarily because of the nature of the businesses lo"cated in these A#"tr, rp""ifically as desc:ribed above. Further, there are already certain limitations in place io t1rr" dis6icts on the size and/or appearance of structures in these distuicts that will inhibit an increase in the size of strucfures, although it would allow some increase in the size of businesses within them. C-WA Districfi Eliminating the "Town-Serving" provision in th C-WA Dishict co.ld result in some increases in the size of businessei, brr * find it rtifficult to envision, after the approval of Saks Fiffh Avenue and Neiman Marcusrthat any business cogld not demonshate that it would meet the "Toum-Senrinj; r"qrir*."ts. Fruther, \dth the adve,nt of the Gardens MaIl and Town Center at Boca njo, in particular, larger retail estab- Iishments in thetoum are likely to attract fewer llercorur from areas outside the Town than may have been the case in 1979 because of the increased availability "i;; thepossibility that the "Town-serving" proviiion iuy oo longer b";;;t convenienfly locared high-end retail establishrnents in competing rrllr. These factors give credence to in the C-WA District. or effective C-Ts District: with regard to the C-Ts DishicL we believe that, despite some approvals oflarger establishments, th.e "Toum-Serving'proririoor".ui* valuable, althoggh it wguld appear that the threshold could be misi to 4,000 square feet without rmdue effect. A little over half 1fos special exception approvals have been for uses less than 4,1oosqrpre feet' In fact,85yo-of the approvals for retail and service uses (except restarnants) involved 10 more than 4,000 square feet. While there can be no objective we believe the size limitation as applied in the C-TS Disfrict may hor" *"o,r.ug.d "oinrmatioq some limit applicants to business sizes to less than may have been the case without the itown-serving,, provision C-PC Distric* There hlve been only two special exception approvals for businesses in excess of 2,000 square feet in the C-PC Disrict since I990. Tterefore, there is litfle basis for modifring the regulations of this district. In fact, the Tonn has expressed considerable :olt"t Ttht Pas-t oyer the possibility of creating "increased development opportrmities,, in the C-PC Dishict because of the possible effejt "p";,hr 1979 agreement betrreen Town and the Royal Poinciana Plazawith regard to the continued of the Royal Poinciana Playhouse. consequenfly, lvo recommend retaining the,,town-serving,, "k"t*" provision as it now applies to this distri"t. 25 ol27