2009-12 Large-Scale Comprehensive Plan Amendment 09-01• ORDINANCE 2009-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT 09-01 TO
THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO
IMPLEMENT AMENDMENTS RELATING TO ITS EVALUATION AND
APPRAISAL REPORT AND ITS TEN-YEAR WATER SUPPLY FACILITIES
WORK PLAN, TO UPDATE ITS CAPITAL IMPROVEMENTS ELEMENT TO
INCORPORATE NEW REQUIREMENTS AND TO ADOPT AMENDMENTS
RELATED TO THE U.S. HIGHWAY ONE CORRIDOR STUDY; ADOPTING
A NEW ANNEXATION ELEMENT; AMENDING THE GENERAL
REQUIREMENTS, THE VILLAGE CHARACTER STATEMENT, THE
FUTURE LAND USE ELEMENT, THE TRANSPORTATION ELEMENT,
THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE
COASTAL MANAGEMENT ELEMENT, THE CONSERVATION ELEMENT,
THE INTERGOVERNMENTAL COORDINATION ELEMENT, AND THE
PUBLIC SCHOOL CONCURRENCY ELEMENT; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 163.3167, Florida Statutes, requires that each local government
prepare a Comprehensive Plan in compliance with the Local Government Comprehensive
Planning and Development Act, as amended; and
WHEREAS, Section 163.3191, Florida Statutes, requires that each local government
adopt an Evaluation and Appraisal Report ("EAR") every seven years assessing the local
government's progress in implementing the Comprehensive Plan; and
WHEREAS, the Village completed and adopted its EAR in 2006, which was found
sufficient by the Florida Department of Community Affairs, and wishes to amend its
Comprehensive Plan to incorporate the EAR-based amendments; and
WHEREAS, the Village also wishes to amend its Comprehensive Plan to:
A. Incorporate amendments related to the Village's Ten-Year Water Supply Facilities
Work Plan, which identifies alternative water supply projects, traditional water
supply projects, bulk sale agreements and conservation/reuse programs necessary
to meet current and future water use demands within the Village's jurisdiction as
required by Section 163.3177(6)(c), Florida Statutes;
B. Update the Capital Improvement Element to include changes to the Five-Year
Schedule of Improvements based upon demonstrated financial feasibility in
• accordance with Section 163.3177(3)(b)1, Florida Statutes;
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C. Adopt amendments related to the Village's U.S. Highway One Corridor Study
• related to mixed-use developments; and
D. Adopt a new Annexation Element.
WHEREAS, all of the foregoing amendments to the Village of North Palm Beach
Comprehensive Plan have been incorporated within Comprehensive Plan Amendment 09-01; and
WHEREAS, the Village's Local Planning Agency conducted a duly advertised public
hearing on July 7, 2009 to consider Comprehensive Plan Amendment 09-01 and has
recommended approval of the Plan Amendment; and
WHEREAS, the Village Council has conducted all duly advertised public hearings
required by Chapter 163, Florida Statutes, and wishes to formally adopt Comprehensive Plan
Amendment 09-01; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
interests ofthe health, safety and welfare ofthe residents and citizens ofthe V~71age ofNorth Patin Beach
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Sectionl . The foregoing recitals are hereby ratified as true and incorporated herein.
Section 2. In accordance with the requirements of Chapter 163, Florida Statutes, the Village
Council hereby adopts Comprehensive Plan Amendment 09-01, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by reference, setting forth the following
amendments to the Village ofNorth Palm Beach Comprehensive Phan:
A. EAR-based amendments as required by Section 163.3191, Florida Statutes;
B. Amendments related to the Village's Ten-Year Water Supply Facilities Work Plan
as required by Section 163.3177(6)(c), Florida Statutes;
C. Amendments to the Capital Improvements Element as required by Section
163.3177(3)(b)1, Florida Statutes;
D. Amendments related to the implementation of the U.S. Highway One Corridor
Study for mixed use projects; and
E. Adoption of a new Annexation Element to the Comprehensive Plan.
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In addition to the elements specifically referenced above, these amendments also relate to the
• following chapters and elements of the Village of North Palm Beach Comprehensive Plan:
Chapter 1 (General Requirements), Chapter 2 (Village Character Statement), Future Land Use
Element, Transportation Element, Housing Element, Infrastructure Element, Coastal Management
Element, Conservation Element, Intergovernmental Coordination Element, and Public School
Concurrency Element.
Section 3. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 5. The effective date of this Ordinance shall be the same as the date of a final order
issued by the Department of Community Affairs determining the adopted Comprehensive Plan
amendment to be in compliance in accordance with Section 163.3184(9), Florida Statutes, or the
date of a final order issued by the Administration Commission determining the adopted
Comprehensive Plan amendment to be in compliance in accordance with Section 163.3184(10),
Florida Statutes.
PLACED ON FIRST READING THIS 27th DAY OF AUGUST, 2009.
PLACED ON SECOND, FINAL READING AND PASSED
(Village Seal)
ATTEST:
i 6~~~~~~ _~~ ~'2~~
VILLAGE CLERK ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
^~~_
VILLAGE ATTORNEY
2010.
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