WEST PALM BEACH CITY COMMISSION Agenda Cover Memorandum

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WEST PALM BEACH CITY COMMISSION

Agenda Cover Memorandum

Originating Department:

Planning & Zoning (PZ)

Meeting Type: Regular Special Agenda Date:

07/26/2010

Advertised: Required?: Yes No Date: 07/19/2010 Paper: PB Post ACM#:

18083

Grant:

Is this ACM related to a Grant?

Yes

No

Subject:

Public Hearing and First Reading of Ordinance No. 4273-10: A request by the Community

Redevelopment Agency ("CRA") to amend the Zoning and Land Development Regulations,

Permitted Use Table to allow commercial, vocational and trade Schools, which do not involve

industrial equipment, within the Currie Mixed Use District ("CMUD").

Ordinance/Resolution:

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM

BEACH, FLORIDA, AMENDING CHAPTER 94, ZONING AND LAND

DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY

OF WEST PALM BEACH, FLORIDA, BY AMENDING ARTICLE IX (PERMITTED

USES, USES PERMITTED WITH EXTRA REQUIREMENTS, AND SPECIAL USES),

SECTION 94-272 (PERMITTED USE TABLE), TABLE IX-1, TO ALLOW

COMMERCIAL, VOCATIONAL AND TRADE SCHOOLS NOT INVOLVING

INDUSTRIAL EQUIPMENT WITHIN THE CURRIE MIXED USE DISTRICT

(“CMUD”); PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE AND

A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER

PURPOSES.

Staff Recommended Motion:

APPROVE Ordinance No. 4273-10 amending Section 94-272 (Permitted Use Table) of the

Zoning and Land Development Regulationsto allow commercial, vocation and trade schools

which do not involve industrial equipment to be located within building types I and III in the

Currie Mixed Use District. This motion is based upon the staff report, the recommendation of the

Planning Board, and the finding that the standards of Section 94-32 of the Zoning and Land

Development Regulations have been met.

Background:

The Planning and Zoning Department has determined that the request complies with the

applicable amendment standards found in Article II, Section 94-32 of the Zoning and Land

Development Regulations, as detailed in the Staff Report attached hereto as ATTACHMENT 1.

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AGENDA COVER MEMORANDUM Page 2

C.M. #________ Date:__________

The Planning Board recommended approval (5-0) of this request after a Public Hearing on April

20, 2010.

The CMUD is a compact, pedestrian-oriented mixed use district generally located east of Dixie

Highway, west of Flagler Drive, and north of 27th Street, extending to the south side of Pine

Street (ATTACHMENT 1). According to the ZLDR, this mixed use district requires urban types

of development regulations concerning setbacks, parking requirements, height limitations, and

permitted uses. The intent of development standards for the CMUD is to create a predictable,

urban neighborhood that adds vitality and additional local users to the adjacent Currie Park.

Currently, the CMUD uses are governed by the Professional Office Residential (“POR”) Zoning

District regulations, which prohibit the location of commercial, vocation and trade schools, not

involving industrial equipment use, within the CMUD Building Types I and III. The

Community Redevelopment Agency (CRA) proposed this text amendment to allow institutional

uses offering professional development courses as an economic engine to stimulate the

redevelopment of the area, which has been stagnant for the past several years. An example of

such a school is one that offers maritime career-oriented education, which is necessary in order

to support the City’s initiative to create local jobs and the CRA’s focus on attracting the

industries to support the success of the Port of Palm Beach and Rybovich Marina, which are

within close proximity of the CMUD area. It will also reinforce the intent of the CMUD by

permitting uses that would add additional users to the Currie Park. The CRA’s proposed ZLDR

amendments are attached hereto as ATTACHMENT 1.

The amendments will apply to the CMUD area, within Commission District No. 1 –

Commissioner Molly Douglas, and Commission District No. 3 – Commissioner Kimberly

Mitchell.

The Public Hearings will be advertised in the Palm Beach Post for Ordinance No. 4273-10 on

July 19, 2010 and August 4, 2010.

Fiscal Note

Current Year: _Annualized: Budgeted: Unbudgeted: Funding Source:

Comment: No fiscal impact.

Electronic Attachments:

Click here for assistance with naming convention.

Originating Department - Approved by: Charles Wu on 07/09/2010

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AGENDA COVER MEMORANDUM Page 3

C.M. #________ Date:__________

07/13/2010 City Administrator

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ORDINANCE NO. 4273-10

Language underlined added, and language stricken deleted.

Asterisks **** indicate language not amended which has been omitted to save space.

1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 94, ZONING AND LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES AT ARTICLE IX (PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, AND SPECIAL USES), SECTION 94-272 (PERMITTED USE TABLE), TABLE IX-1, TO ALLOW COMMERCIAL, VOCATIONAL AND TRADE SCHOOLS NOT INVOLVING INDUSTRIAL EQUIPMENT WITHIN THE CURRIE MIXED USE DISTRICT (“CMUD”); PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the Currie Mixed Use District (“CMUD”) is a compact, pedestrian-oriented mixed use district that intends to create a predictable, urban neighborhood that adds vitality and additional local users to the adjacent Currie Park; and

WHEREAS, currently, the CMUD uses are governed by the Professional Office Residential (“POR”) Zoning District regulations, which presently do not allow commercial, vocation and trade schools (not involving industrial equipment use) within the CMUD Building Types I and III. This text amendment would permit such school uses within these CMUD building typologies; and

WHEREAS, allowing institutional school uses which offer professional development courses will be an economic engine to stimulate the redevelopment of the area; and

WHEREAS, the Planning and Zoning Department has determined the request meets all eight (8) Amendment Standards found within Section 94-32 of the City’s Zoning and Land Development Regulations; and

WHEREAS, the Planning Board recommended approval (5-0) of this request to the City Commission after a Public Hearing on April 20, 2010;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that:

SECTION 1: The City Commission hereby finds and determines that the amendments to the Zoning and Land Development Regulations proposed herein are consistent with the Comprehensive Plan of the City adopted pursuant to Sections 163.3161 et seq., Florida Statutes.

SECTION 2: The City Commission hereby finds and determines that the amendments to the Zoning and Land Development Regulations proposed herein meet the standards of Section 94-32.

SECTION 3: Chapter 94, Zoning and Land Development Regulations of the Code of Ordinances of the City of West Palm Beach, Florida, Article IX (Permitted Uses, Uses Permitted with Extra Requirements, and Special Uses), Section 94-272 (Permitted Use Table), Table IX-1 is hereby amended at Line 147 to read as follows, and all other portions of the Table IX-1 shall remain unchanged:

Article IX. PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, AND SPECIAL USES

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ORDINANCE NO. 4273-10

2

(Please note the Table below has been reduced and some text omitted for purposes of brevity.) TABLE IX-1

PERMITTED USE TABLE

Permitted Use Table (Sec. 94-272, Table IX-1) * * * * *

USES

SF3--SF11 SF14 MF 14 MF20 MF32 OC POR AC NC GC CM CC2 IND ROS CS UT W NMUD

145.

SCHOOLS - PUBLIC, VOCATION AND TRADE NOT INVOLVING

INDUSTRIAL EQUIPMENT

PXR P P P PXR

146.

SCHOOLS, COMMERCIAL, VOCATION AND TRADE INVOLVING INDUSTRIAL

EQUIPMENT

P

147.

SCHOOLS, COMMERCIAL, VOCATION AND TRADE NOT

INVOLVING INDUSTRIAL EQUIPMENT

PXR PXR P P PXR

* * * * *

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ORDINANCE NO. 4273-10

3 SECTION 4: Chapter 94, Zoning and Land Development Regulations of the Code of

Ordinances of the City of West Palm Beach, Florida, Article IX (Permitted Uses, Uses Permitted with Extra Requirements, and Special Uses), Section 94-273 (Extra requirements for special uses or permitted uses), subsection (d)(70) is hereby amended to read as follows, and all other portions of Section 94-273 shall remain unchanged:

* * * * *

(70) SCHOOLS, COMMERCIAL, VOCATION AND TRADE NOT INVOLVING INDUSTRIAL EQUIPMENT (PXR: See Item 147, Table IX-1).

a. Applicable locations. This use shall only be permitted within the Currie mixed use district

building types I and III.

a.b. Additional application requirements. Schools, commercial, vocation and trade not involving industrial equipment are not permitted in the Broadway mixed-use district.

b.c. Additional standards. Schools, commercial, vocation and trade not involving industrial equipment in the Northwood mixed-use district are permitted only as an accessory use to a use permitted by right.

* * * * *

SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 6: Should any section or provision of this Ordinance or any portion, paragraph, sentence or word thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder thereof.

SECTION 7: Authority is hereby granted to codify the text amendments set forth in this Ordinance. .

SECTION 8: This Ordinance shall take effect in accordance with law.

FIRST READING THIS _____________DAY OF ______________________________, 2010. SECOND READING AND PASSAGE THIS _______DAY OF ___________________, 2010.

(CORPORATE SEAL) CITY OF WEST PALM BEACH

BY ITS CITY COMMISSION ATTEST:

___________________________

__________________________ PRESIDING OFFICER

CITY CLERK

CITY ATTORNEY’S OFFICE

Approved as to form and legal sufficiency

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ATTACHMENT I

CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date: April 20, 2010

Code Revision Case No. 10-06 I. REQUEST

A request by the Community Redevelopment Agency ("CRA") for the following text amendments to Chapter 94 of the City’s Code of Ordinances (“Zoning and Land Development Regulations”), specifically, Article IX (Permitted Uses, Uses Permitted with Extra Requirements, and Special Uses), to allow Schools, Commercial, Vocation and Trade not involving industrial equipment within the Currie Mixed Use District (“CMUD”).

The amendments will apply to the Currie Mixed Use District (“CMUD”) area, within Commission District No. 1 – Commissioner Molly Douglas, and Commission District No. 3 – Commissioner Kimberly Mitchell.

II. RECOMMENDATION

APPROVAL - Based on the finding that the text amendments meet all eight (8) of the required Amendment Standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development Regulations (“ZLDR”).

III. BACKGROUND AND ANALYSIS Currie Mixed Use District (“CMUD”)

The CMUD is a compact, pedestrian-oriented mixed use district generally located east of Dixie Highway, west of Flagler Drive, and north of 27th Street, extending to the south side Pine Street (ATTACHMENT I). According to the ZLDR, the mixed use district requires urban types of development regulations concerning setbacks, parking requirements, height limitations, and permitted uses. The intent of development standards for the CMUD is to create a predictable, urban neighborhood that adds vitality and additional local users to the adjacent Currie Park and Northwood Business District.

Currently, the CMUD uses are governed by the Professional Office Residential (“POR”) Zoning District regulations, which prohibit the Schools, Commercial, Vocation and Trade not involving industrial equipment use within the CMUD Building Type I and III. The Community Revitalization Agency’s (“CRA”) Justification Statement (ATTACHMENT II) states that a ZLDR text amendment to allow institutional uses offering professional development courses will be an economic engine to stimulate the redevelopment of the area, which has been stagnant for the past several years. An example of such school is one that offers maritime career-oriented education, which is necessary in order to support the City’s initiative to create local jobs and the CRA’s focus on attracting the industries to support the success of the Port and Rybovich Marina, which are within close proximity of the CMUD area. It will also enforce the intent of the CMUD by permitting uses that would add additional users to the Currie Park and Northwood Mixed Use District (also known as Northwood Village). The CRA’s proposed ZLDR amendments are attached hereto as ATTACHMENT III.

The Planning and Zoning Department has determined that the proposed text amendments comply with all eight (8) of the required Amendment Standards found in Section 94-32 of the Zoning and Land Development Regulations. A detailed analysis of compliance with these Standards is attached hereto as ATTACHMENT IV.

Prepared and Respectfully Submitted by: Linda Mia Franco, Senior Planner

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ATTACHMENT I Currie Corridor Regulating Plan

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ATTACHMENT I (Continued Location Aerial

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CRC 10-06 - 4 ATTACHMENT II

Justification Statement

Office of the CRA Executive Director

JUSTIFICATION FOR CMUD TEXT REGULATIONS REVIEW

The intent of the Mixed-use is to permit the efficient use of the land, as well as a clustering of different land uses to employ the tenets of the new urbanism in the planning and development of the city. Mixed-use districts allow for residential and nonresidential uses to co-exist. The Currie corridor is a compact, pedestrian-oriented, mixed-use district located between Currie Park (to the east), and Northwood Village (to the west).

The proposed text amendment would permit Schools, Commercial, Vocation and Trade; not involving industrial equipment, within the Currie Mixed Use district. Professional schools, which are classified as institutional type uses, meet the intent of a mixed-used district, which is to create a vibrant, diverse community that includes a mix of uses. In addition, permitting Schools, Commercial, Vocation and Trade; not involving industrial equipment, offering professional development courses, would be an economic engine to stimulate the redevelopment of the area, which has been stagnant for the past several years.

Finally, one of the goals of CMUD, is to permit uses that would add additional users to Currie Park and Northwood Village, a school, with predicable hours of operation, and a continual faculty, meets that goal. Students of the school as well as the faculty, could enjoy the Park and all Northwood Village has to offer. The WPB CRA has been working with the Port of Palm Beach and Rybovich Marina to attract the Marine Industries to West Palm Beach in order to support to expansion of both the Port and Rybovich. Currently, the skilled workforce to repair and maintain the mega yachts is from the surrounding counties. As part of the Mayor’s initiative to create local jobs, the CRA is focusing on attracting the industries to support the success of the Port and Rybovich.

The Northeast Maritime Institute (NMI) is a private, co-educational institution that offers its students an opportunity to pursue maritime career-oriented education. The trade program was established to provide required marine safety education, ship operation courses, Coast Guard license and document courses, as well as programs that provide students with a certificate and Merchant Marine Document upon completion. The Northeast Maritime Institute certificate program offers a unique curriculum of classroom instruction and experiential learning at sea. The mission of the Institute is to equip our graduates with that combination of knowledge, critical thinking, problem solving, ethical decision making, and confidence which will enable them to safely and efficiently operate, maintain, and manage the ships of today and the maritime industry of tomorrow.

Northeast Maritime Institute provides a comprehensive range of courses needed for employment in the maritime field as well as to acquire the necessary skills, abilities and attitudes. Northeast Maritime recognizes that mariners come with diverse maritime experience and education as well as goals. The Professional and Continuing Education division of Northeast Maritime Institute consists of professional development courses for those people who have worked at sea and are looking to upgrade their license and/or receive endorsements on their licenses. The professional development courses are also geared towards those students who have previous sea experience and are interested in obtaining a merchant marine license and/or document.

NMI plan to host about 800 students per year. Local residents will make up about 20% of the student population. And will have to opportunity to earn a starting salary of $55,000. In addition, the students that will attend the school for continuing education will add $3 million to the local economy.

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CRC 10-06 - 5

ATTACHMENT III

Proposed Text Amendment for CMUD

The following sections of the Regulations are proposed for amendment. All underlined text is added, and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language not amended which has been omitted to save space.

Article IX. PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, AND SPECIAL USES Sec. 94-272. Permitted Use Table

(Please note the Table below has been reduced and some text omitted for purposes of brevity.)

TABLE IX-1

PERMITTED USE TABLE

Permitted Use Table (Sec. 94-272, Table IX-1) * * * * *

USES

SF3--SF11 SF14 MF 14 MF20 MF32 OC POR AC NC GC CM CC2 IND ROS CS W NMUD

145.

SCHOOLS - PUBLIC, VOCATION AND TRADE NOT INVOLVING

INDUSTRIAL EQUIPMENT

PXR P P P PXR

146.

SCHOOLS, COMMERCIAL, VOCATION AND TRADE INVOLVING INDUSTRIAL

EQUIPMENT

P

147.

SCHOOLS, COMMERCIAL, VOCATION AND TRADE NOT

INVOLVING INDUSTRIAL EQUIPMENT

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ATTACHMENT III (Continued) Proposed Text Amendment for CMUD

* * * * *

(70) SCHOOLS, COMMERCIAL, VOCATION AND TRADE NOT INVOLVING INDUSTRIAL EQUIPMENT (PXR: See Item 147, Table IX-1).

a. Applicable locations. This use shall only be permitted within the Currie mixed use district

building type I and III.

a.b. Additional application requirements. Schools, commercial, vocation and trade not involving industrial equipment are not permitted in the Broadway mixed-use district. b.c. Additional standards. Schools, commercial, vocation and trade not involving industrial

equipment in the Northwood mixed-use district are permitted only as an accessory use to a use permitted by right.

[Space intentionally left blank.]

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ATTACHMENT IV Code Revision Case No. 10-06 Section 94-32 – Amendment Standards

In reviewing a proposed amendment, Section 94-32 of the City’s Zoning and Land Development Regulations (“ZLDR”) requires that the Planning Board consider all of the following:

1. Whether the proposed amendment is consistent with all elements of the City of West Beach Comprehensive Plan.

Findings COMPLIES

The City’s Comprehensive Plan provides general guidance for the growth and future development of the City. The mixed use districts regulate all aspects of development to ensure the neighborhoods surrounding the project will not be affected in a negative manner. Therefore, the amendment is consistent with all elements of the City of West Palm Beach Comprehensive Plan.

2. Whether there exist changed conditions that require an amendment.

Findings COMPLIES According to the Agency’s (“CRA”) Justification Statement, the proposed text amendment to the Zoning and Land Development Regulations within the Currie Mixed Use District is necessary to allow an institutional use, such as a vocational school not involving industrial equipment, offering professional development courses, will be an economic engine to stimulate the redevelopment of the area, which has been stagnant for the past several years.

3. Whether the proposed amendment is in conformance with all applicable portions of the City Development Code.

Findings COMPLIES The proposed amendments are consistent with all articles of the City Code.

4. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land use.

Findings COMPLIES The proposed amendments are consistent with existing and proposed land uses.

5. Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transportation, sewerage, water supply, parks, fire, police, drainage, schools, and emergency medical facilities.

The proposed amendments will not have an impact on the demands of public facilities, nor will it cause the capacity of facilities to be exceeded.

6. Whether and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment.

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Findings COMPLIES The proposed amendments will not adversely impact the environment as most properties contain buildings or are cleared vacant lots.

7. Whether and to the extent to which the proposed amendment would adversely affect property values in the area.

The proposed amendments will not adversely affect property values in the area. The purpose of these changes is to transform these blighted areas that are in much need for vital redevelopment and allow more flexibility for development.

8. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern and the specific identification of any negative effects on such pattern.

The proposed amendments will help in the effort to maintain and promote future business in the Currie Mixed Use District (“CMUD”).