TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M. To: Council Members AGENDA ITEM 4F

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1 TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 4F From: Date: Subject: Staff September 21, 2007 Council Meeting Local Government Comprehensive Plan Review Draft Amendments to the Palm Beach County Comprehensive Plan DCA Reference No Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, an affected person, or if an ORC Report is otherwise deemed necessary by the DCA. If an ORC Report is to be prepared, then Council must provide DCA with its findings of consistency or inconsistency with the Strategic Regional Policy Plan (SRPP), and provide any comments and recommendations for modification on the proposed amendments within 30 days of its receipt. Background Palm Beach County has proposed three amendments to the Future Land Use Map (FLUM) and text amendments to the following elements of the County Comprehensive Plan: Transportation, Utility, Conservation, Intergovernmental Coordination, Capital Improvements, Future Land Use, Introduction and Administration, Coastal Management and Recreation and Open Space. The Economic Element is proposed to be deleted and replaced with policies within the Future Land Use and Capital Improvements Elements. The County has requested a formal review of the amendments by DCA. Evaluation Future Land Use Map (FLUM) The FLUM amendments are summarized in Table 1. The locations of the proposed amendments are shown in Exhibits 2-5.

2 Amendment Number/Name 1. Cypress Creek Natural Area Additions (LGA ) 2. Marsh Pointe Way Properties (LGA ) 3. PBIA Buyout Area (LGA ) Table 1 Proposed Amendments to the Future Land Use Map Palm Beach County Comprehensive Plan DCA Reference No Approx. Acreage Current FLUM Designation Proposed FLUM Designation Approximate Location 7.0 RR-10 CON North side of Indiantown Road, approximately 2.5 miles west of the Turnpike/ I (collectively) (collectively) Total: LR-2 LR-3 Northeast corner of Jog Road and Hood Road. LR-3 (80 properties) MR-5 (174 properties) CH/IND (18 properties) LR-3 (9 properties) MR-5 (10 properties) CH/IND (35 properties) U/T U/T U/T U/T/3 U/T/5 U/T/CH/IND Area bounded by the Lake Worth Drainage District Canal 4 on the north, Southern Boulevard on the south, Military Trail on the east and Haverhill Road on the west. Legend to FLUM Designations CH/IND Commercial High Intensity with an underlying Industrial designation CON Conservation LR-2 Low Residential maximum of two dwelling units per acre LR-3 Low Residential maximum of three dwelling units per acre MR-5 Medium Residential maximum of five dwelling units per acre RR-10 Rural Residential maximum of one dwelling unit per ten acres U/T Transportation and Utilities Facility U/T/3 Transportation and Utilities Facility with an underlying designation of LR-3 U/T/5 Transportation and Utilities Facility with an underlying designation of MR-5 U/T/CH/IND Transportation and Utilities Facility with an underlying designation of CH/IND 2

3 1. Cypress Creek Natural Area Additions (LGA ). This amendment changes the land use designation of seven environmentally sensitive parcels of approximately seven acres from Rural Residential to reflect their Conservation status. The properties were purchased with 1999 Conservation Bond funds and Florida Communities Trust Florida Forever grants for conservation purposes. 2. Marsh Pointe Way Properties (LGA ). This is a corrective amendment changing the future land use designation from LR-2 to LR-3. The subdivision of approximately 28 lots was in existence prior to 1989 when it was assigned the LR-2 FLUM designation that is not consistent with the residential density as developed. The amendment will assign the appropriate residential designation of LR PBIA Buyout Area (LGA ). This amendment changes the land use designation of 327 properties in the Department of Airport buyout program to reflect the ultimate land use designation of Utilities Facilities (U/T). Purchase is not finalized on 55 of the 327 properties and, as such, the current land use designations will be maintained as underlying alternatives during the interim. Text Amendments 1. Boynton Beach CRA Transportation Concurrency Exception Area (TCEA). This amendment to Policy 1.2-u of the Transportation Element affects Table TE-5 Boynton Beach CRA TCEA Monitoring Table. The amendments eliminate the maximum allowable ratio of uses for both Residential to Office and Residential to Other Non- Residential uses and slightly increases the minimum allowable use ratios. The TCEA ratio weighs residential units per 1,000 square feet of office or nonresidential uses. The purpose of establishing ratio criteria is to ensure that a sustainable mix of uses occurs within the area, lessening the need for automobile trips to meet the needs of the population. The overall maximum allowable land use intensities, including residential units and square footage of commercial uses, and the allowable vehicular trips regulated by this policy are not affected. According to the County, the maximum and minimum ratios were intended for the ultimate build out projected for At the inception of the TCEA, the ratio of residential units to 1,000 square feet of office was 5.3, considerably larger than the maximum allowable ratio of 3.9. New residential development occurred during the housing boom, further increasing the ratios above the adopted maximums. The new residential development was welcomed by the City to increase downtown densities, creating a demand for other uses. The City expects the ratios to adjust downward as new commercial development occurs over time to serve the downtown population. 2. West Gate CRA Transportation Concurrency Exception Area (TCEA). This amendment to Policy 1.2-r of the Transportation Element will 1) correct inconsistencies between the Comprehensive Plan and the land development code regarding the provisions for affordable and workforce housing; 2) extend by one year the date for the Community Redevelopment Agency (CRA) to adopt an inclusionary housing policy; and 3) revise the 3

4 required mix of affordablilites within the CRA to encourage more middle income housing opportunities. The policies proposed for amendment were in place prior to the County Workforce Housing Program. The area affected by the amendment currently has 66 percent low and very low income households. These amendments provide the opportunity to diversify the area with more middle income households. The existing policies do not limit the number of very low or low income units, which when used in concert with the County Workforce Housing Program, could inadvertently prevent a diverse mix of incomes within the redevelopment area. 3. Water S upply Work Plan Related Amendments. Under new legislation, local governments subject to a regional water supply plan must identify alternative water supply projects necessary to meet existing and future development needs. The proposed amendments to the Utility Element, Conservation Element, Intergovernmental Element and Capital Improvements Element 1) implement the County s Water Supply Work Plan consistent with the Lower East Coast Water Supply Plan Update; 2) reflect new water concurrency requirements; and 3) add a table identifying projected capital expenditures related to the alternative water supply program. 4. Urban Rede velopment Area (URA) Master Plan. The proposed amendments to Policy of the Future Land Use Element establish new sub-objective and incorporate the URA Planning Study and Master Plan. The URA was established in 2005 with policies to encourage redevelopment efforts and improvements within the urban service boundary on underutilized, centrally located areas of the County as an alternative to continued westward expansion. In 2006, the Treasure Coast Regional Planning Council conducted an extensive public process resulting in a comprehensive Master Plan identifying existing development opportunities and constraints. The Master Plan makes specific recommendations regarding urban design, stormwater management, transportation, uses, schools, and zoning. These components inter-relate to provide a cohesive strategy and vision for the URA. The proposed amendments intend to implement the recommendations of the Master Plan. 5. Greenways and Linked Open Space. These amendments modify the Intergovernmental Coordination, Future Land Use, Transportation, Recreation and Open Space, Conservation, and Introduction and Administration Elements and the Map Series. The amendments update current conditions, include Northeast Everglades Natural Areas, reference the ongoing South County Greenways and Trails planning efforts, and update the Greenways and Linked Open Space Map to reflect changed conditions. 6. Marine Waterfront Commercial Overlay. This amendment is to the Introduction and Administration Element, the Future Land Use Element, Coastal Management Element and Map Series. The amendment revises the strategy of protecting recreational and commercial working waterfronts from using a specific future land use designation established in 2006 to using an overlay zone. The change results from concern that the original future land use and zoning designations (IND/IL) reflected the desired uses and 4

5 the new future land use designation may inadvertently reduce or limit the potential uses of the properties. In order to clearly identify the areas desirable for marine activities, the new Marine Waterfront Commercial Overlay is added to the Special Planning Areas Map (Exhibits 6-9). Revised and new policies support the intended no net loss of recreational and commercial waterfronts. 7. Historic Map Resources Update. This amendment updates the Map Series. Map HP1.1, the Designated Historic Sites and Districts Map, has not been updated since These amendments will add three new historic sites (Old Indiantown Road, the Palm Beach County Courthouse, and the Wenger House) and one historic district (the Dubois Historic District). These sites have been previously designated. The map is being updated to accurately reflect the County s historic resources. 8. Economic Element Deletion. This amendment removes in its entirety the optional Economic Element and adds a new policy to both the Future Land Use Element and Capital Improvement Element establishing the Strategic Economic Development Plan as the guide for economic development in the County. The deletion of the Element is intended to streamline the Comprehensive Plan. The Strategic Economic Development Plan was adopted by the Board of County Commissioners in March of The plan includes data and analysis, general strategic direction to ensure economic growth in the County and specific actions to support the overall strategy. The actions are itemized within tables identifying the lead agency, relevant partners and timeline for completion. 9. Future Land Use Element. These proposed amendments to the Future Land Use Element are minor changes including 1) clarifying the creation of residual parcels in Policy 2.2.f; 2) increasing the Floor Area Ratio for Institutional and Public Facilities within the Agricultural Reserve Tier in Table 2.1-2; and 3) correcting two dates within Policy related to the criteria used to determine if a residential lot was legally created. 10. Board of Adjustment. This amendment to the Future Land Use Element removes references to the Board of Adjustment and replaces references to the Development Review Committee with Development Review Officer. In an effort to streamline development review, the County has abolished the Board of Adjustment and given authority to staff for minor variances while major issues remain under the Zoning Commission s review. The responsibilities of the Development Review Committee were quasi-judicial. Under Florida statutes, the decision-making function of a quasi-judicial body resides with one individual, in this case the Zoning Division Director. As such, the plan is revised to reflect the Development Review Officer as having this responsibility. Extrajurisdictional Impact The proposed amendments were provided to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) and were processed on May 4, 2007 and May 24, According to the IPARC Coordinator, no objections have been received. 5

6 Effects on Significant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. Analysis of Consistency with Strategic Regional Policy Plan FLUM Amendments No comments/recommendations. Text Amendments No comments/recommendations. Consistency with Strategic Regional Policy Plan The contract agreement between the DCA and the Treasure Coast Regional Planning Council requires Council to include a determination of consistency with the SRPP as part of the written report to be submitted to the DCA. Council finds the proposed amendments to be CONSISTENT with the SRPP. Recommendation Council should adopt the above comments and instruct staff to transmit the report to the Department of Community Affairs. Attachments 6

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TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M. To: Council Members AGENDA ITEM 4E

TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M To: Council Members AGENDA ITEM 4E From: Date: Subject: Staff October 19, 2007 Council Meeting Local Government Comprehensive Plan Review Draft