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Dept. of Community Affairs Report Re: Comp Plan Proposed Amendment 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G.PELHAM Secretary Governor December 15, 2009 �I�CI� The Honorable David Norris,Mayor Village E� Village of North Paltn Beach 501 U.S. Highway 1 North Palm Beach, Florida 33408-4902 Dear Mayor Norris: 61767e- ///1/w z-- C a&ed The Department has completed its review of the Village of North Palm Beach proposed Comprehensive Plan Amendment(DCA No. 09-1 ER),which was received on October 13,2009. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J- 5, Florida Administrative Code and Chapter 163,Part II, Florida Statutes(F.S.)and has prepared the attached Objections, Recommendations,and Comments(ORC)Report which outlines our findings concerning the comprehensive plan amendment. The Department has identified objections based on the incorrect time to update the Village's 10- Year Water Supply Facilities Work Plan, incorrect Coastal High Hazard Area, lack of a future date on the Future Land Use Map, long term planning period is less than 10 years, lack of a policy to incorporate the Village's Water Supply Plan by reference into the comprehensive plan, and inclusion of an outdated Capital Improvements Schedule and an outdated School Board Capital Improvements Program. My staff and I are available to assist the Village in addressing the issues identified in our report. If you have any questions, please contact Sevini K.Guffey,AICP,Community Planner at sevini.guffey @dca.state.fl.us or at(850)922-5315. Sincerel )/�// sc Ike McDaniel,Chief Office of Comprehensive Planning MMlskg Enclosures: Objections,Recommendations and Comments Report Review Agency Comments cc: Michael J. Busha,AICP,Executive Director,Treasure Coast Regional Planning Council Jimmy Knight,Village Manager,Village of North Palm Beach Jodi Nentwick,Village Planner,Village of North Palm Beach Jim Fleischmann, Planning Consultant,Village of North Palm Beach 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ website: www.dca.state.fl.us ♦ COMMUNITY PLANNING 850-488-2356(p) 850-488-3309(Q ♦ FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850-921-1747(f) ♦ HOUSING AND COMMUNITY DEVELOPMENT 850ABB-7956(p) 850-922-5623(f) DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE VILLAGE OF NORTH PALM BEACH PROPOSED AMENDMENT #Q9-1 ER December 15, 2009 Division of Community Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the Village of North Palm Beach #09-1 ER proposed amendment to its Comprehensive Plan pursuant to s. 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one or more of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the Village and corrected when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended at the end of the Department's ORC Report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. 2 TRANSMITTAL PROCEDURES Upon receipt of this letter, the Village of North Palm Beach has 120 days in which to adopt, adopt with changes, or determine that the Town will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J-11.011, F.A.C. The Village must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(x), F.S. Within ten working days of the date of adoption, the Village must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. 3 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT VILLAGE OF NORTH PALM BEACH PROPOSED COMPREHENSIVE PLAN AMENDMENT#09-1ER Village of North Palm Beach's proposed amendment, DCA #09-1 ER was received on October 13, 2009. The amendment contains the Village's Evaluation and Appraisal Report-based amendments, 10-Year Water Supply Facilities Work Plan and the annual Capital Improvements Element update. The Department has identified the following objections, recommendations and comments to the proposed comprehensive plan amendments as they do not meet all of the requirements in Chapter 163, F.S., and Rule 9J-5, F.A.C. OBJECTION$ANEW RECOMMENDATIONS ' 10-Year Water Supply Facilities Work Plan Objection 1: Proposed Future Land Use Policy 2.6, Infrastructure Policy 5.6 and Intergovernmental Coordination Policy 4.5, all defer updating the Ten-Year Water Supply Facilities Work Plan at the time the Village prepares its Evaluation and Appraisal Report, rather than 18 months of the update to the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. These policies are inconsistent with statute requirements which state that the Water Supply Facility Work Plans are to be updated every five years and within 18 months of the South Florida Water Management District's update of its Lower East Coast Regional Water Supply Plan. Citations: Sections 163.3177(6)(a), (6)(c), (6)(d), 6(h)(1); and 163.3177(9)(h), F.S.; Rules 9J- 5.005(2)(g); and W-5.013(1)(c), 9J-5.015(3)(b)2, (c)1, 3 and 11, F.A.C. Recommendation: Revise proposed Future Land Use Policy 2.6, Infrastructure Policy 5.6 and Intergovernmental Coordination Policy 4.5 to state that the Village will update its Water Supply Plan within 18 months after the South Florida Water Management District updates its Lower East Coast Regional Water Supply Plan. Future Land Use Element Objection 2: Coastal High Hazard Area Map (figure 3-7) is incorrect because the area shown, per the map legend is the area to be evacuated in the event of a category 1 or category 2 hurricane rather than based on the Coastal High Hazard Area definition in Section 163.3178(2)(h), F.S. [see also Section 163.3178(9)(c), F.S.]. Citations: Sections 163.3177(6)(g), and 3178(2)(d), (2)(h), (9), F.S., and Rule 9J-5.006(4)(b)6, 9J- 5.012(2)(e)3, and (3)(c)7, F.A.C. Recommendation: Revise the Coastal High Hazard Area map based on the statutory definition as stated in the Future Land Use Element Section 3.5.3.5 (page 3-12 of amendment) and Coastal Management Element Objective 6 (The coastal high-hazard area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model). 4 For Palm Beach County and its municipalities, the most current data for designating the coastal high hazard area is available in the 1993 "Florida Hurricane Surge Atlas, Treasure Coast, Jurisdiction of Palm Beach County." This atlas should be available from the Palm Beach County Emergency Operations Center and the Treasure Coast Regional Planning Council. Objection 3: The Village has not included a minimum 10 year planning period in its comprehensive Plan. Citations: Sections 163.3177(5)(a) and (6)(a), F.S., and Rules 9J-5.005(1)(e), (4), 9J-5.006(1) and 9J- 5.006(4), F.A.C. Recommendation: The Village needs to revise its comprehensive plan to include a long range planning period of at least 10 years to 2020. Objection 4: Future Land Use Map (figure 3-2) does not have a future date which it is intended to represent. Citations Sections 163.3177(5)(a) and (6)(a), F.S., and Rules 9J-5.005(1)(e), (4), 9J-5.006(1) and 9J- 5.006(4), F.A.C. Recommendation: Revise the Future Land Use Map to include the established long term planning horizon. The long term planning timeframe should be at least 10 years to 2020. INFRASTRUCTURE ELEMENT Objection 5: The Infrastructure Element does not include a policy to incorporate the Village of North Palm Beach 10-Year Water Supply Facilities Work Plan by reference. Citations: Sections 163.3167(13), 163.3177(4)(x), (6)(a), (c), (d), and (8), F.S. Rule 9J-5.005(2)(g), F.A.C. Recommendation: Revise the Infrastructure Element to include a policy with title, author and date/edition of the Water Supply Plan being adopted by reference. Documents adopted by reference and subsequently revised, will need to be incorporated into the Comprehensive Plan through the plan amendment process. ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT AND THE 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS Objection 6: The Village did not use the correct planning time frame in the Five Year Schedule of Capital Improvements because the included Schedule is for the past FY 2008/2009— 2012/2013. Citations: Sections 163.3177(3)(b)1, (5)(a), F.S.; and Rules 9J-5.005(4), and 9J-5.016 (4)(a)1, F.A.C. Recommendation: The Village needs to revise the Five-Year Schedule of Capital Improvements to reflect the correct five-year period of 2009/2010 -2013/2014. Objection 7: The Village proposes to adopt an outdated version of the Palm Beach County School Board's Capital Improvements Program. The current version was adopted by the School Board on September 10, 2009 and effective October 1, 2009. Citations: Citations: Section 163.3177(1), (6)(a), (8), (10), (12), (13) and Rules 9J-5.005(2), and 9J- 5.025(2)(a) — 0), (3)(b)3, (3)(c)2, F.A.C. 5 Recommendation: The Village should replace Capital Improvements Element Appendix A with the updated Capital Improvement Program. The level of service analysis prepared by the school district should also be referenced by the Village to support adoption of the 2009/2010 through 2013/2014 Capital Improvement Program. COIV�IVIENTS ,�- ' TRANSPORATION ELEMENT Comment 1: Although the Mixed Use land use category is established in Objective 1.13 and Policy 1.6.1, the Village has not included this land use category in Table 3-1, Land Use Classification System, which is also adopted as part of the comprehensive plan. The Village should include the Mixed Use category in Table 3-1. Comment 2: The Village should consider enhancing the transit supportive policies in its comprehensive plan relative to South Florida East Coast (FEC) corridor (e.g., Transportation Element Objective 9). The policies should cover land use, movement of people between the corridor and destinations in the Village, multi-modal integration, and the quality of transit service to be delivered. Also, to enhance opportunities for residents and business owners to utilize premium transit on the FEC rail corridor, the Village should consider participation in the development and implementation of station area planning activities along the corridor to promote a transit-supportive land use pattern (e.g., Intergovernmental Coordination Element Policy 2.1). II �O;N$�STE �Y WITH C.arAPTER,187,..���� . , The proposed amendment is inconsistent with the following provisions of Chapter 187, F.S., the State Comprehensive Plan: Section 187.201(6), Public Safety, Policies (b) 22 and 23: provide for the safe evacuation of coastal residents, and protect public and private property and human lives from natural disasters. Section 187.201(7), Water Resources, Policies (b) 2, 3, 5, 9, 10, 11, and 13: protect groundwater and aquifers and conserve water resources. Section 187.201(16) Urban and Downtown Revitalization, Policies (b)6 and 8: Enhance the linkages between land use, water use, and transportation planning; coordinate and cooperate with school boards regarding educational facilities. Section 187.201(17), Public Facilities, Policies (b) 3, 4, 5, 6, 7, and 9: Ensure the provision of public facilities. Section 187.201(25), Plan Implementation, Policies (b) 1, 3 and 7: Ensure that local plans implement and accurately reflect State goals and policies and that address problems, issues, and conditions that are of particular concern in a region. By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. 6 01E`Q0`" Florida Department of Charlie oN io t.,t3<erttilr Environmental Protection ret� , «ti►,a�►> c ('� Marjory Stoneman Douglas Building Li t_;uN error 3900 Commonwealth Boulevard Michael '%V Sole Tallahassee,Florida 32399-3000 1tale tier\ November 13, 2009 cN 1 l � Mr. D. Ray Eubanks �ko �oi Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shurnard Oak Boulevard Tallahassee,Florida 32399-2100 RE: North Palm Beach 09-IER Dear Mr.Eubanks: On behalf of the Department of Environmental Protection,the Office of Intergovernmental Programs has reviewed the subject amendment based comprehensive plan amendments in accordance with the provisions of Chapter 163,Florida Statutes. As required by law,the scope of our comments and recommendations is limited to the environmental suitability of the proposed changes in light of the Department's regulatory and proprietary responsibilities. Based on our review of the amendment,the Department has found no provision that requires comment, recommendation or objection under the laws that form the basis of the Department's jurisdiction and authority. If the report pertains to changes in the future land use map or supporting text,please be advised that at such time as specific lands are proposed for development,the Department will review the proposal to ensure compliance with environmental rules and regulations in effect at the time such action is proposed. In addition, any development of the subject lands will have to comply with local ordinances,other comprehensive plan requirements and restrictions, and applicable rules and regulations of other state and regional agencies. Thank you for the opportunity to comment on this proposal. If I may be of further assistance. please call me at(850)245-2169. Sincerely. ��/�- /,0 Chris Stahl Environmental Specialist III Office of Intergovemental Programs ,'cjs Florida Departmeiit of Transportation STEPIIA\[E C.I�OPELOL'SOS CHARLIE CR[ST 3400 West Co-:mercial Boulevard SECRETARY GOVERNOR Fort Lauderdoe, FL 33309-3421 ' \ November 10, 2009 Ray Eubanks, Community Program Administrator - Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr, Eubanks: SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: Village of North Palm Beach DCA Amendment#: 09-1 ER The Department has reviewed the proposed EAR-based comprehensive plan amendments for the Village of North Palm Beach. The focus of our review was on major transportation issues, particularly impacts to the Strategic Intermodal System(SIS) facilities and other regionally significant transportation facilities. The first concern in our attached report relates to adopting the applicable level of service standard from Chapter 14-94,FAC for I-95,a SIS facility. The second concern relates to meeting the requirements of HB 697. A comment has also been provided for the Village's consideration to further improve the comprehensive plan. Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact Andrew Riddle at(954)777-4605. Sincerely, G rr O'Reill y y, P.E Director of Transportation Development District Four GO:ar cc: Bob Dennis, DCA Jodi Nentwick, Village of North Palm Beach Lorenzo Aghemo, Palm Beach County Terry Hess,TCRPC Kathleen Neill, FDOT Central Office Nancy Ziegler, FDOT District Four Lois Bush, FDOT District Four w p.v.dot.state.fl.us } DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS RESPONSIBLE DIVISIONBUREAU: Planning and ZoningL NAME OF LOCAL GOVERNMENT: Ville of North Palm Beach DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 10/15/09 DATE MEMORANDUM RECEIVED FROM DCA: 10/15/09 REQUIRED RETURN DATE FOR COMMENTS: 11/15/09 GENERAL BACKGROUND INFORMATION The Village of North Palm Beach has submitted DCA amendment package 09-IER. The package contains proposed Evaluation and Appraisal Report (EAR) based comprehensive plan amendments. The Department evaluated the potential effects of the proposed amendments on Strategic Intermodal System(SIS) facilities and their current and future level of service (LOS), as well as the overall functioning of the transportation system. Concern: The corridors and hubs, linked by connectors, which comprise the SIS are critical to the movement of people and goods in Florida and, in turn, the state's economic competitiveness. To further emphasize the importance of designated SIS roadways, the Statewide Minimum LOS Standards in Chapter 14-94, Florida Administrative Code(FAC), specifically address SIS facilities. Florida Statute 163.3180(10) addresses local government adoption of these standards. Under Senate Bill 360 (2009),the Village of North Palm Beach has been identified as a dense urban land area(DULA) and a village-wide transportation concurrency exception area(TCEA). Policy 1.2 in the Village's comprehensive plan indicates the Village will maintain consistency with Palm Beach County traffic performance standards. To date, Palm Beach County has chosen to retain its current countywide concurrency system and has adopted the state-specified LOS standards for SIS facilities. It also has proposed conducting the mobility planning required under SB 360 on a multi-jurisdictional basis. The following SIS facilities are located within or near the Village: the I-95 roadway corridor (located less than one mile from the municipal boundary), the FEC railroad corridor; and the Atlantic Intracoastal Waterway. Policy 1.2 of the Transportation Element and Table 11-1 of the Capital Improvements Element adopt a Peak-hour LOS "D" for arterial and collector roadways within the corporate limits. While the Department has responsibility for maintaining SIS facilities, local governments have land use decision authority affecting these facilities and share the responsibility for maintaining LOS standards. The Village should update its Transportation Element and the Capital Improvement Element policies and related support material to reflect the establishment of SIS by listing I-95 and adopting the LOS standard D. The Department is performing a corridor study for I-95, starting with Broward County and then Palm Beach County. The purpose of this mobility study is to evaluate opportunities for improved Village of North Palm Beach #09-IER FDOT District Four November 10,2009 Page I of 3 travel in the I-95 corridor, including on parallel facilities and using non-single occupancy vehicle modes of travel. The results will be shared with local governments and the Village should monitor and participate in these activities. The Southeast Florida Transportation Council (SEFTC) was created in 2006, under Florida Statute 331.175, to serve as a formal forum for policy coordination and communication to carry out regional initiatives by the three metropolitan planning organizations (MPOs) designated for the Miami Urbanized Area'Transportation Management Area(Miami-Dade, Broward and Palm Beach). One of SEFTC's first initiatives was to identify regionally significant transportation facilities. in addition to SIS facilities. US Highway 1 and PGA Boulevard are two of these facilities located within or near the municipal limits and serve as a major means of travel to, through and from the Village. Potential impacts to them should receive special consideration in conjunction with development and redevelopment in the Village. The Department has begun working with Palm Beach County and its municipalities on ways to better protect the functions of the SIS, including through refinements to the County's concurrency management system. Also, in addition to continuing its role in DRI reviews, the Department is taking steps to become more involved with local governments in reviews of sub-DRI level developments, which can have significant individual or cumulative impacts on LOS and therefore mobility on the SIS. The intent is to provide for timely identification and adequate mitigation of impacts to the SIS, including through the use of mechanisms such as proportionate fair share. The Village's intergovernmental coordination policies should be revisited to ensure that they adequately address the coordination and cooperation aspects of these efforts. Finally, the Department is serving as the main repository of existing and projected traffic volume and LOS data for SIS corridors since they cross jurisdictional lines. This effort is being coordinated with the County and the Palm Beach MPO. The Village should contact the Department prior to adoption of the EAR-based amendments, or when preparing future amendments, to obtain the latest data. Concern: The Department recommends that the Village's comprehensive plan include objectives and policies that promote energy efficiency to improve air quality and reduce emissions, and support delivery of a multimodal transportation system. The Village should be aware that the Department of Community Affairs is seeking comments and suggestions on draft amendments to Chapter 9J-5. FAC. and ,vill be conducting workshops regarding energy efficient land use patterns and greenhouse gas reduction strategies to help local governments meet new statutory requirements (House Bill 697). Additional information can be found at the following link: http: fdcp/dcp/Le gisl ation/2 00 8/HB 69 7 Resources.efm#HB697 Citations for Concerns: §163.3180 (10), FS §9J-5.005, FAC §9J-5.0055, FAC §9J-5.016, FAC §9J-5.019, FAC §9J-5.015, FAC Comment: The Department is currently developing a master plan for passenger transit services along the South Florida East Coast (FEC) Corridor, which is a designated SIS facility. The Wine of North Palm Beach=09-1ER FDOT District Four Pa November 10,2009 ge 2 of 3 Village should consider enhancing)the transit supportive policies in its comprehensive plan relative to this corridor (e.g.,Transportation Element Objective 9). The policies should cover land use, movement of people between the corridor and destinations in the Village, multi-modal integration, and the quality of transit service to be delivered. Also,to enhance opportunities-for residents and business owners to utilize premium transit on the FEC rail corridor,the Village should consider participation in the development and implementation of station area planning activities along the corridor to promote a transit-supportive land use pattern (e.g., Intergovernmental Coordination Element Policy 2.1). Inclusion of transit supportive policies in local comprehensive plans is a highly desirable criterion when state and federal funding is determined. Transit supportive policies also help bring about improvements in land use/development patterns over time to increase the effectiveness of transit corridors. Additional information can be found at the following link: littp://iN-N�-w sfeccstudy.com REVIEWED BY: Andrew Riddle, AICP •PHONE: 954-777-4605 REVIEWED BY: Lois Bush PHONE: 954-777-4654 REVIEWED BY: Nancy A Ziegler PHONE: 954-777-4490 Village of North Palm Beach#09-1 ER FDOT District Four November 10, 2009 Pace 3 of 3 Bob Dennis/DCA/FLEOC To sevini.guffey @dca.state.fl.us, "Richard Post" 11/23/2009 08:54 AM <Richard,Post @dca.state.fl.us> cc bcc Subject Fw: North Palm Beach 09-1 ER History: _ - m P This message has been replied.to, I am not sure who has this one. Sent from my BlackBerry Wireless Handheld From: "Suber, Tracy" [Tracy.Suber @fldoe.org] Sent: 11/20/200902:29 PM EST To: Bob Dennis Cc: Ray Eubanks; "Angela Usher' <usher @palmbeach.k12.fl.us> Subject: North Palm Beach 09-1 ER Hi Bob— As part of the EAR-based amendment package, the village proposes amendments to the public school facility element and its annual CIE update. The department's comments on those elements follow: 1. Public School Facilities Element. -- PSFE policy 1.9 provides for the suspension or termination of the school concurrency requirement when a triggering condition arises. The policy is inconsistent with Section 163.3180(13)(e), F.S., which requires the school concurrency test be met by all applications for site plan, final subdivision approval or functional equivalent. The city should delete the policy to ensure the plan's consistency with current requirements. 2. Capital Improvement Element/Schedule. --The village proposes to adopt a now outdated version of the Palm Beach County School Board's capital improvements program. The current version, adapted by the school board on September 10, 2009 and effective October 1, 2009, is attached. The village should replace CIE Exhibit A with the attached. The level of service analysis prepared by the school district is attached to support adoption of the 2009-10 through 2013-14 capital plan. Please let me know if you have any questions. Take care, Tracy Tracy D.Suber Educational Consultant-Growth Management Liaison Office of Educational Facilities Florida Department of Education 325 West Gaines Street,Suite 1014 Tallahassee,Florida 32399-0400 850-245-9312 tracy.suber@fidoe.or� http://www.fidoe.o rg/edfaciV Imo; CSA_Report Finai_Board_Adoption 9-9-09.pdf FY2010-14 5YearCapRalPlanSummary.pdf U) 0 cn m 0 Lf) 0 cy) co It I": It R Cli 't Iwo I n C-3 O op to N Iq lici LQ It U) 't 0) to 04 m IL 0 ce) t.- C-4 N (D (3) �2 'D moo m Is (I)o co co 0 (0 0 Vi q ON) CIOQ m 0 oq 0 r- 020i 10 tIln 0 tq CO tc) N to O to C14 to 0-0 Lq It c! ct p0p N w to 0 cq r--N m r� 0 M C%j w 04 N VI N CD pp0 to Ln 1f1 N�VjO pp a0 p00 M 0) 1, r a 0 0 w r- nh N !F! t- a C') cq Ct CR N . cq R 11-L r- (.4 00 N co to OO IL p CF) M N (D w LL Cl) L. 1.2 C*4 V)o M (0 T 000 c+)0 M t ONO (D(D N en cq (D (a 0) 0 Cl) 0 r N fl. 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SOUTH FLORIDA WATER MANAGEMENT DISTRICT November 19, 2009 NOV , 4 2009 Mr. Ray Eubanks Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 Dear Mr. Eubanks: Subject: Village of North Palm Beach #09-1 ER Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendments from the Village of North Palm Beach (Village). The submittal includes the Evaluation and Appraisal Report and Water Supply Facilities Work Plan (Work Plan) related amendments. The Village's potable water is provided by Seacoast Utility Authority (Seacoast). The District offers the following recommendations, which we request the Department include in the report to the Village, to assist them in fully meeting the statutory requirements for water supply and related capital improvements planning: • Revise new Policy 5.6 of the Infrastructure Element to state that the Village's Work Plan will be revised within eighteen months of the District's update of the Lower East Coast Water Supply Plan. New Policy 5.6 of the Infrastructure Element currently states that the Village will update its Work Plan at the time of each Evaluation and Appraisal Report. • Amend Table 11-2D, "Other Required Improvements: Other Agencies", to identify the capital improvement projects planned by Seacoast for the potable water service area that includes the Village. • Include a new policy in the Intergovernmental Element that indicates the Village's intention to coordinate annually with Seacoast as the Village's Capital Improvements Elements is revised. 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 Mailing Address: RO.Box 24680,West Palm Reach,FL 334164680 • www.sf-wmd.gov Mr. Ray Eubanks, Administrator November 19, 2009 Page 2 We look forward to continuing this collaboration with the Village of North Palm Beach in developing sound, sustainable solutions to future water needs. For assistance or additional information, please contact Rod Braun, Director, Intergovernmental Policy and Planning Division, at (561) 682-2926 or rbraun(�sfwmd.gov. Sincerely, Kim Shugar Department Director Intergovernmental Programs South Florida Water Management District c: Rod Braun, SFWMD Rim Bishop, Seacoast Utilities Bob Dennis, DCA Terry Hess, TCRPC Jodi Nentwick, North Palm Beach ��ec�v� Il�`a e►�� FORM C-7 I I � / TREASURE COAST REGIONAL PLANNING COUNCIL AMENDMENT REVIEW FORM FY 2009-2010 1. Local Government Name: North Palm Beach 2. Amendment Number: 09-IER 3. Is the RPC precluded from commenting on the proposed plan or element pursuant to s. 163.3184(5). F.S., or Rule 93-11.0084, L.O.F.; or commenting on the proposed amendment pursuant to s. 163.32465(4)(b), F.S.? (YES) (NO) 4. Date DCA Notified RPC that Amendment Package was Complete, if Applicable: 10/15/09 5. Date Amendment Review must be Completed and Transmitted to DCA: 11/15/09 6. Date the Amendment Review was transmitted to DCA: 11/13/09 7. Description of the Amendment: Amendments to all elements of the Village Comprehensive Plan, most of which are based on an Evaluation and Appraisal Report. Please complete the following table for each individual proposed amendment to the Future Land Use Ma FLUM only: Existing Proposed Existing Proposed Existing Proposed Net Increase Non-Residential FLUM FLUM Maximum Maximum Maximum Maximum or(Decrease) Net Increase or Category Category Density Density Intensity Intensity In Maximum (Decrease)In (DU/Acre) (DU/Acre) (FAR) (FAR) Density Potential Floor Area N/A Add additional rows as necessary. Please PROVIDE TOTALS In bottom row. 8. Is the Amendment consistent with the Strategic Regional Policy Plan? Yes, but Council made comments/recommendations for modification. 9. Applicable Strategic Regional Policy Plan Goals and Objectives: N/A 10. The effects on the Proposed Amendment on Regional Resources or Facilities Identified In the Strategic Regional Policy Plan: None identified. 11. Extra-Jurisdictional Impacts that would be Inconsistent with the Comprehensive Plan of the Affected Local Government: None identified. Analysis of the effects of the proposed amendments on the following issues to the extent they are addressed in the Strategic Regional Policy Plan on: 12. Compatibility among local plans including, but not limited to, land use and compatibility with military bases: N/A 13. Impacts to significant regional resources and facilities identified in the Strategic Regional Policy Plan, including, but not limited to, impacts on groundwater recharge and the availability of water supply: Reference is made to the Water Supply Facility Work Plan in the Infrastructure Element, however it has not yet been adopted as part of the Village Comprehensive Plan. The Village should adopt the WSFWP as part of the Infrastructure Element as required in 163.3177(6)(c) F.S. 14. Affordable housing issues and designation of adequate sites for affordable housing: Comments made regarding density bonus for affordable housing and comprehensive approach and solution to low income and workforce housing shortage prob lern. 15. Protection of natural resources of regional significance identified in the Strategic Regional Policy Plan including, but not limited to, protection of spring and groundwater resources, and recharge potential: Not an issue in these amendments. 16. Compatibility with regional transportation corridors and facilities Including, but not limited to, roadways, seaports, airports, public transportation systems, high speed rail facilities, and intermodal facilities: Compatibility not considered an issue. 17. Adequacy and compatibility with emergency preparedness plans and local mitigation strategies including, but not limited to, the Impacts on and availability of hurricane shelters, maintenance of county hurricane clearance times and hazard mitigation: No negative impacts anticipated. 18. Analysis of the effects of extra-jurisdictional Impacts which may be created by the amendment: None identified. DRAFT Subject to Modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM 0/16/A' To: Regional Planning Council Members AGENDA ITEM_ From: Staff Date: December 11, 2009 Regional Planning Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendments to the Village of North Pahn Beach Comprehensive Plan DCA Reference No. 09-1 ER Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that the Treasure Coast Regional Planning Council (TCRPC) 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 the TCRPC 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 The Village of North Palm Beach has proposed amendments to all elements of the Village Comprehensive Plan. Most of these amendments are based on an Evaluation and Appraisal Report (.EAR) that was adopted by the Village on November 30, 2006 and found sufficient by the DCA on February 6,2007. In addition, the Village is proposing amendments to address: 1) statutory requirements for water supply facility planning (Chapter 373.0361(7) and 163.3177(6)(a), Florida Statutes) by providing coordination of the Village's 10-Year Water Supply Facilities Work Plan (WSFWP) with the South Florida Water Management District's (SFAMD) Lower East Coast Water Supply Plan (LECWSP); DRAFT Subject to Modifications 2) the annual update of the Capital Improvements Element and Five Year Schedule of Improvements; and 3) revisions to the M ap Series. Evaluation Community Profile(taken from Amendment Materials) The Village of North Palm Beach, located in Northeastern Palm Beach County, was incorporated in 1956. The Village's five square miles of incorporated area presently supports a resident population of approximately 12,600 and a peak-day seasonal population of an additional 1,500 residents, many of whom live along Lake_Worth and the series of inland waterways that provide direct access to the Intracoastal Waterway and the Atlantic Ocean. The North Palm Beach County Club and associated facilities, located in the heart of the Village, serves as a Village focal point. Commercial development is restricted to Northlake Boulevard and U.S. Highway One. Industrial development is prohibited. The 1.5-mile stretch of Atlantic beach that forms the eastern boundary of the Village is located entirely within John D. MacArthur Beach State Park. This 385-acre park site is continually being developed in a cooperative effort among the Village, Palm Beach County and the State of Florida to insure the protection of its sensitive coastal habitats while permitting public access and enjoyment. The Village of North Palm Beach is one of only a few coastal communities that does not permit development along the barrier island within its corporate limits. The following presents the highlights of the amendments: 1. Amendments Pertaining to EAR and Annual Update of the Capital Improvements Element. A. General Requirements 1. This section of the Village Comprehensive Plan has been totally rewritten. It summarizes statutory and rule requirements for comprehensive plans and sets forth the components of the Village plan. It also contains sections on Support Documentation, the selected Planning Period for the comprehensive plan;and population projections. B. Future Land Use Element 1. New Objective 1.13 is to permit mixed-use development in areas designated for commercial land uses. 2 DRAFT Subject to Modifications 2. New Policy 1.B.1 establishes the use and intensity standards for mixed use development. 3. New Policy 1.B.2 allows for a workforce housingdensity bonus. The density bonus can be used on site, or a specific financial contribution can be made to assist in an affordable housing program in another jurisdiction. 4. New Policy 3.4 indicates the Village should update its population projections each time there is a development order approval permitting an increase in residential units. 5. New Policy 4.5 promotes mixed use development and new and improved forms of transit to assist in the reduction of greenhouse gas emissions resulting from traffic congestion. 6. New Policy 4.6 encourages cross-access of new development or redevelopment with neighboring parcels in order to promote more efficient travel. 7. New Policy 4.7 is to educate the public about the advantages of appropriate landscaping to provide shade and reduce energy consumption. 8. Special Policy 5.1 is to identify historic properties with an assigned Florida Master Site File reference number on the Future Land Use Atlas, 9. New Objective 6 and its implementing policies encourage infill development and redevelopment along the Northlake Boulevard and U.S. 1 Corridor. New Policy 6.3 requires new development and redevelopment activities to promote transit readiness. 10. The Land Use Classification System included as Table 3.1 adds a new FLUM classification for Light Industrial/Business. C. Transportation Element 1. Revised Policy 1.1 indicates that all local roadways not identified as Urban Collectors or Arterials shall be maintained as two-lane local roadways. 2. New Policy 1.2 adopts a traffic level of service standard of"D" for all arterials and collector roadways, consistent with the Palm Beach County traffic performance standards. 3. New Policy 4.2 is to coordinate with and support the County in reducing greenhouse gas emissions by promoting alternative modes of transportation. 4. New Policy 4.8 is to reduce traffic congestion and air pollution by developing improved transit alternatives, in cooperation with Palm Beach County. 5. New Policy 4.9 is to ensure that new development and redevelopment alon g transp ortat ion corridors is transit ready. 3 DRAFT Subject to Modifications 6. New Policy 13.7 supports public transit areas, connectivity and opportunities for pedestrian and bicycle access when considering redevelopment proposals. D. Housing Element 1. Revised Objective 3 adds "workforce" (as defined by Pahn Beach County) to those categories of population that require adequate and affordable housing. 2. Revised Policy 3.11 is to work with the Pahn Beach County Intergovernmental Plan Amendment Review Committee (IPARC) to support regional efforts to address low income and workforce by developing an Interlocal Agreement for a comprehensive approach and solution to the issue within two years. 3. New Policy 3.12 is to encourage alternative housing accommodations in mixed use developments to facilitate the supply of workforce housing. 4. New Policies 3.13 and 3.14 reference and support density bonuses to increase the supply of affordable housing as set forth in Policy 113.2 of the Future Land Use Element. 5. Objective 6 and its implementing policies is to support energy efficiency and the use of renewable energy resources in existing housing and in the design and construction of new housing. E. Coastal Management Element 1. New Policy 3.3 addresses redevelopment proposals for existing water-dependent land uses. Such uses may exceed maximum intensity standards if they are compatible with neighboring uses, public access is retained and provided that the water dependent land use is retained and enhanced. 2. New Policy 5.4 commits the Village to continued cooperation with Pahn Beach County and other municipalities for reducing vulnerability to natural and man-induced hazards. F. Capital Improvements Element 1. New Policy 3.4 requires an enforceable development agreement when capital improvements are to be funded by a developer. 2. New Policy 3.6 requires that an alternative revenue source be identified for scheduled improvements that are to be funded by a source that requires a public referendum or other similar action. 3. Revised Policy 4.3 requires an amendment to the comprehensive plan to update the five-year schedule of capital improvements, or 4 DRAFT Subject to Modifications to eliminate, defer or delay the construction of any facility in the schedule of improvements. G. Annexation Element This is an optional element. The Element is entirely new and was recommended by the Local Planning Agency during the EAR process. The Goal Statement is to "Annex areas through a process that considers the effects upon public services, as well as benefits to the Village as a whole, and ensures that development within the annexed area is consistent with the North Palm Beach Comprehensive Plan". Objectives of the Element include: 13.1 The North Palm Beach Annexation Area shall be within officially designated geographic boundaries as established by the Village Council. 13.2 Annex areas within the designated Annexation Area that can be economically provided with municipal services and will serve to enhance the Village's fiscal condition. 13.3 Utilize the range of annexation options available to the Village under Florida law, including voluntary and involuntary alternatives, as appropriate, in order to maintain the integrity of existing neighborhoods, and promote logical municipal service delivery. 13.4 The Village shall encourage economic growth by diversifying the property tax base through annexation. 2. Amendments Related to Water Supply Facility Planning A. Future Land Use Element 1. New Policy 2.6 commits the Village to update the WSFWP at the time of each EAR. B. Infrastructure Element 1. New Goal Statement 6.2.6 is to coordinate with the Seacoast Utility Authority and Palm Beach County in the preparation of 10-Year Water Supply Work plans, consistent with the LECW SP. 2. Revised Policy 1.1 indicates that potable water level of service standards shall be consistent with those of the Seacoast Utility Authority. 5 DRAFT Subject to Modifications C. Conservation Element 1. New Objective 8 is to participate in water supply conservation programs developed by the Seacoast Utility Authority. 2. New Policy 8.1 commits the City to coordinate with Seacoast Utility Authority to implement potable water conservation programs established as part of its Ten-Year WSFWP and Consumptive Use Permit. 3. New Policy 8.2 indicates the City will cooperate with Seacoast Utility Authority in the development and implementation of water reuse programs, to the extent that they may apply to North Palm Beach. D. Intergovernmental Coordination Element 1. New Policy 1.15 requires all applications for development approval to procure written confirmation of availability of potable water service prior to issuance of a building permit. 2. New Policy 4.5 has to do with a coordinated effort to confirm the availability of potable water service, consistent with the regional water supply plan, the Ten-Year WSFWP and with Palm Beach County. E. Capital Improvements 1. Revised Policy 7.1 requires the Village to consult with the applicable service.provider to determine the adequacy of water supplies no later than the anticipated date of the issuance of a Certificate of Occupancy. 3. Revisions to theMap Series The map series amendments are as follows: • FLUA Maps 3A, and 5 include the Northlake Boulevard Overlay Zone. • Figure 3-18 was deleted and incorporated as Figure 13-1 of the new Annexation Element. • FLUA Maps 2 and 3b were amended to depict the Village's north substation and Public Safety parcels. • Figure 3-7 was amended to illustrate the revised Coastal High Hazard Area boundary. • Figures 4-2 to 4-4 were added or revised to reflect current conditions. 6 DRAFT Subject to Modifications Extraiur isdict Tonal Impacts The Village provided a notice of the proposed amendments to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARQ. An IPARC Clearinghouse Notice was distributed on June 29, 2009. Council provided a memorandum to all surrounding local governments on October 27, 2009 seeking comments regarding negative extrajurisdictional impacts that may result from the proposed amendments. As of the date of preparation of this report, no comments have been received. Effects on SiP-nificant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. Analysis ofConsistenev with Strategic Regional Policy Plan Comments/Recommendations for Modification 1. Proposed Policy I.B.2 allows for a workforce housing density bonus for lands designated with the Mixed Use FLUM category. If units are constructed on site,50 percent of the bonus units shall be for affordable as defined under the County Workforce Housing Program Income Guidelines. A developer can also get the density bonus if funding is provided to assist an affordable housing program in another jurisdiction. Such funds, estimated to be 5 percent of the cost of construction of the bonus units, are to be contributed to the Palm Beach County Affordable Housing Trust Fund or other appropriate alternative as determined by the Village. This is an important policy, and is consistent with SRPP Policy 2.1.1.4. While the SRPP is silent on the issue of the location of units that are given as a bonus to meet affordable housing needs, it is preferable that these units be provided on the site of the development, or a least within the municipality that is granting the density bonus. The location of those units outside the granting municipality may be appropriate in some cases, but they should be located so that there is a nexus between that location and the workforce locations. In applying this policy, the Village is encouraged to ensure that those units are built in such locations that the employees who work in and about the Village but cannot afford to live in the Village can still live in a reasonable proximity to their jobs. 2. Revised Policy 3.11 in the Housing Element indicates the Village will work with the Palm Beach County IPARC to develop an interlocal agreement whereby coastal municipalities could jointly pursue a comprehensive approach and solution to the county-wide low income and workforce housing 7 DRAFT Subject to Modifications shortage problem. This is to occur within two years. This is an excellent policy. The Village should formally request that the IPARC initiate this effort, if this has not been done previously. 3. Reference is made in Section 6.1 of the Infrastructure Element to the WSFWP. However, the Plan has not been adopted as part of the comprehensive plan. Consistent with the requirements of 163.3177(6)(c) F.S., the Village should adopt the WSFWP as part of the Infrastructure Element. Consistency with Strategic Regional Policy Plan The contract agreement with the DCA requires the TCRPC to include a determination of consistency with the SRPP as part of the written report to be submitted to the DCA. The TCRPC finds the proposed amendments to be CONSISTENT with the SRPP. Recommendation The Treasure Coast Regional Planning Council should adopt the above comments and instruct staff to transmit the report to the Department of Community Affairs. 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