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HomeMy Public PortalAboutORD 08/10ORDINANCE NO. 008/10 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE ADOPTED TOWN OF GULF STREAM COMPREHENSIVE PLAN BY ADOPTING THE EAR BASED COMPREHENSIVE PLAN AMENDMENTS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town proposes to amend its Comprehensive Plan in accordance with the requirements of the 1993 Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Town prepared and adopted an Evaluation and Appraisal Report intended to evaluate and update the Town's Comprehensive Plan; and WHEREAS, the Town Commission, upon recommendation from the Local Planning Agency, recommends adoption of the Evaluation and Appraisal based amendments to the Town of Gulf Stream Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. Incorporation of Recitals. The above recitals are incorporated as fully set forth herein. Section 2. Findings. The proposed Comprehensive Plan amendment as more particularly described in Exhibit "A" has been determined by the Local Planning Agency and the Town Commission to promote the public health, safety and welfare and is consistent with the requirements of Chapter 163, Florida Statutes, Chapters 9J -5 and 9J -11 of the Florida Administrative Code and all elements of the adopted Comprehensive Plan. Section 3. Amendment of Comprehensive Plan. The Town of Gulf Stream Comprehensive Plan is hereby amended to incorporate those amendments set forth in Exhibit "A" attached hereto and incorporated herein by reference. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section . Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 1 PASSED AND ADOPTED in a regular, adjourned session on first reading this 10th day of October, 2008, and for a second and final reading on this 10th day of July 2009. ATTEST: , 7ri-;6 kp, 7zj�ZL� Town Clerk (Y JL 1� Mayor Vice "y r ComnWssioner Com is loner (-rim Commissioner 2 EXHIBIT "A" TOWN OF GULF STREAM, FLORIDA EAR -BASED AMENDMENTS TO ADOPTED COMPREHENSIVE PLAN Prepared By: Town of Gulf Stream, Florida Urban Design Kilday Studios, Planning Consultant Octobet i7,2008 May 1, 2009 Future Land Use Element Data and Analysis Update The Town of Gulf Stream is a small residential community located in the southern portion of Palm Beach County, between Boynton Beach and Delray Beach. It is approximately 521 acres in size and, except for the Place Au Soleil subdivision which is situated on the west side of the Intracoastal Waterway, it is bordered by the Atlantic Ocean to the east and the Intracoastal Waterway to the west. In addition to the influence of world famous polo and exclusive golf, the subtropical climate, waterfront lots, and the small town atmosphere have attracted people to the Town since the early 1920s. Through the years the population of Gulf Stream has remained small, providing homes for less than one thousand residents. Gulf Stream is characterized by single family homes with lush, well maintained landscaping and extensive outdoor recreational opportunities. A few small -scale apartments and condominiums are scattered along the beachfront with even fewer west of State Road AIA. There are no commercial, industrial, or agricultural land uses. Amenities include two private golf clubs, a private beach and tennis club, and a designated conservation area in the southeast portion of the town. A small private school exists just south of the Town Hall. The school has a long- standing tradition of excellence, recognized statewide. The famous clubhouse at the Gulf Stream Golf Club was designed by Addison Mizner, the master architect of South Florida. The clubhouse is complemented by the nationally recognized golf course, considered a signature course of designer Donald Ross. Both the Town Hall and the Police Station are fashioned after the Mediterranean Revival style clubhouse. Many of the first houses constructed in Gulf Stream are still intact, with only minor alterations. Thirty -six of the structures were listed on the Florida Master File in 1990. Maintained by the Florida Division of Historic Resources in Tallahassee, this file contains pertinent data ofhistorical and archeological sites throughout the state. The majority of the town grew as subdivisions between the Atlantic Ocean and the Intracoastal Waterway were developed. In an effort to maintain a tranquil setting, commercial and industrial uses were prohibited. The Town of Gulf Stream is considered to be almost entirely built out. Within the Town, there are 34.89 acres of vacant land, scattered throughout the Town. The great majority of the vacant land is held by government agencies and is not developable under its current zoning. There is only 2.91 acres of developable land left in the Town, all of which is within lots zoned for use as single family. No commercial or industrial future land uses exist or are projected for Gulf Stream. Existing commercial uses along State Road A -1 -A immediately to the north and community commercial uses along U.S. Highway 1 in Delray Beach and Boynton Beach to the west are adequate to meet the needs of existing and projected residents in Gulf Stream. 1 -1 Based on the analysis of the existing vacant parcels within the Town combined with the population and household statistics from the U.S. Census and the Shimberg Center for Affordable Housing, Rinker School of Building Construction, College of Design, Construction and Planning at the University of Florida, the Town of Gulf Stream is essentially built -out and will experience minor fluctuations in populations. Population Projection Source: U.S. Census, Shimberg Center, University of Florida (2006) 1 -2 2000 2005 2009 2014 2019 2024 2029 Population Projection 716 736 754 772 788 801 810 Source: U.S. Census, Shimberg Center, University of Florida (2006) 1 -2 Future Land Use Element VI. GOALS, OBJECTIVES AND POLICIES GOAL 1.1.: MAINTAIN, PROTECT AND ENHANCE THE EXISTING CHARACTER AND NATURE OF THE TOWN OF GULF STREAM WHILE ENSURING ADEQUATE AND TIMELY PROVISION OF SERVICES AND FACILITIES TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF ITS RESIDENTS. Objective 1.1.1.: Future growth and development will be managed through the maintenance and enforcement of land development regulations in accordance with section 163.3202, F.S. Policy 1.1.1.1: Maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which at a minimum: a) Regulate the subdivision of land, including replatting; b) Regulate the use of land and water consistent with this Element and ensure the compatibility of adjacent land uses and provide for open space; C) Regulate development which has a potential to contaminate water or soil; d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element and the National Pollution Discharge Elimination System Permit; e) Protect potable water wellfields and aquifer recharge areas; f) Regulate signage; g) Ensure safe and convenient on —site traffic flow and vehicle parking needs; h) Require landscape buffers with native species and other appearance measures to maintain a high visual quality; I) Provide that development orders and permits shall not be issued which result in a 1 -3 •• I I I I I III I .. Rawl- m law WA GOAL 1.1.: MAINTAIN, PROTECT AND ENHANCE THE EXISTING CHARACTER AND NATURE OF THE TOWN OF GULF STREAM WHILE ENSURING ADEQUATE AND TIMELY PROVISION OF SERVICES AND FACILITIES TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF ITS RESIDENTS. Objective 1.1.1.: Future growth and development will be managed through the maintenance and enforcement of land development regulations in accordance with section 163.3202, F.S. Policy 1.1.1.1: Maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which at a minimum: a) Regulate the subdivision of land, including replatting; b) Regulate the use of land and water consistent with this Element and ensure the compatibility of adjacent land uses and provide for open space; C) Regulate development which has a potential to contaminate water or soil; d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element and the National Pollution Discharge Elimination System Permit; e) Protect potable water wellfields and aquifer recharge areas; f) Regulate signage; g) Ensure safe and convenient on —site traffic flow and vehicle parking needs; h) Require landscape buffers with native species and other appearance measures to maintain a high visual quality; I) Provide that development orders and permits shall not be issued which result in a 1 -3 reduction of the level of services for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; and j) Provide for the assessment of impact fees or dedication of land and facilities to off —set costs assumed by the Town or other governmental agencies for the provision of facilities or services required by new development. Policy 1.1.1.2.: Land development regulations adopted to implement this Comprehensive Plan shall be based on, and be consistent with, the following standards for residential densities as indicated below: a) Single Family Residential (SF): shall permit detached, single family dwellings and accompanying support and accessory structures at a density up to but not to exceed 3-3.5 2.64 dwelling units per acre and up to but not to exceed 2.9 dwelling pper acre within the Place au Soleil subdivision. b) Multi — Family Residential (MF): shall permit multi — family or single family dwellings and accompanying support and accessory structures at a density up to but not to exceed 5.7 dwelling units per acre for multi - family units and up to but not to exceed 2.64 dwelling units per acre . c) Existing residential densities not conforming to the densities set forth in this Comprehensive Plan shall be considered non - conforming and be regulated by the Town's Land Development Regulations. Policy 1.1.1.3.: Land development regulations shall be adopted which address the location and extent of non — residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities and intensities of land uses contained in this element and which implement the following Future Land Use categories: a) Conservation (CONS): shall permit preservation of wildlife, aquatic, or botanical habitat on government —owned land and generally remain free from development of any type by permitting only necessary low impact, educational, interpretive, utility and support facilities. b) Recreation (REC): shall permit private or public recreation facilities such as the golf courses, tennis courts, swimming pools and related support and clubhouse facilities, provided that the actual recreation facilities cover at least 40% of the site area. C) Public (P): shall permit publicly —owned facilities necessary to the operation of the owning agency such as the Town Hall, Police Station and Materials Management Areas at an intensity not to exceed a floor area ratio of 0.5. 1 -4 Objective 1.1.2.: Development orders and permits for development or development activities shall be issued only if the protection of natural and historical resources is ensured and consistent with the goals, objectives, and policies of the Comprehensive Plan. Policy 1.1.2.1.: The town shall protect potable water wellfields and prime aquifer recharge areas through the implementation of the Palm Beach County Wellfield Protection Ordinance. Policy 1.1.2.2.: Proposals for development within the 100 —year floodplain as identified by the Federal Emergency Management Agency shall conform with local regulations for development in such areas. Policy 1.1.2.3.: The developer /owner of any site shall be responsible for the management of run —off consistent with the goals, objectives, and policies of the Drainage Sub — element of this Comprehensive Plan. Policy 1.1.2.4.: Extraction of natural resources shall be permitted only where compatible with existing and proposed land use and in a manner consistent with the goals, objectives, and policies of the Conservation Element of this Comprehensive Plan. Policy 1.1.2.5.: In accordance with Section 163.3202, F.S. the Town shall: a. Maintain a record of identified potentially historic resources; b. Maintain regulations for the protection and preservation of historic sites and structures; C. Provide the Florida Department of State with a list of all potentially historic sites for inclusion on the state Master Site File. d. Continually update the list of historic resources as appropriate. Policy 1.1.2.6.: Species of flora and fauna listed in the Conservation Element of the plan as endangered, threatened or species of special concern shall be protected through inclusion of their habitats in the Conservation land use category. Objective 1.1.3.: Development orders and permits for development and redevelopment activities shall be issued only in areas with suitable topography and soil conditions to support such development. Policy 1.1.3.1.: All proposed development, other than individual residences, shall include a soils analysis prepared by a licensed professional, which shall document the ability of the soil structure to support the proposed development. Policy 1.1.3.2.: All proposed development shall be located in a manner such that the 1 -5 natural topographic features of a site and not adversely altered so as to negatively affect the drainage of neighboring properties or visual aesthetics of the area. Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facility necessary to meet level of service standards (which are adopted as part of the Capital Improvement Element of this Comprehensive Plan) are available concurrent with the impacts of development. Policy 1.1.4.1.: Development shall be timed and staged in conjunction with the provision of supporting community facilities and services identified as being required such as: Potable water; b. Sanitary sewers; C. Solid waste removal; d. Vehicular and pedestrian circulation; e. Public safety; f. Recreation; g. Public schools; and h. Electricity. Policy 1.1.4.2.: Public facilities and utilities shall be located to: a. Maximize the efficiency of services provided; b. Minimize their costs; C. Minimize their impacts on the natural environment; and d. Maximize consistency with the goals, objectives, and policies of this Comprehensive Plan. Policy 1.1.4.3.: All development in areas not provided central water and sewer services shall be governed by the provisions of S.381.272, F.S., regulating on —site sewage disposal systems; and, Chapter l OD -6, FAC, which regulates the installation of individual sewage disposal facilities. WO Policy 1.1.4.4.: Prior to annexation, the Town shall prepare and adopt a facilities and services plan for proposed annexation areas which shall: a. Establish the location, level of service standards and phasing for each facility and service to be extended by the town; b. Require all development or redevelopment activities to be timed, staged and located in conjunction with the provisions of the community facilities and services listed in Policy 1.1.4.1. without exceeding their established level of service standards; and C. Reserve the right of the Town, in order to encourage infill development and reduce urban sprawl, to discourage development and redevelopment activities within proposed future annexation areas until such time as facilities and services are extended in accordance with the plan regardless if facilities and services are offered by a developer in advance of the plan phasing. Objective 1.1.5.: Future growth, development and redevelopment shall be directed to appropriate areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; and the goals, objectives, and policies contained within this Comprehensive Plan. Policy 1.1.5.1.: Residential neighborhoods shall be designed to include an efficient system of internal circulation, including the provision of collector streets to feed traffic onto arterial roads and highways. Policy 1.1.5.2.: Subdivisions shall be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. Policy 1,1,5.3.: Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate future land use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 1,1,5.4.: The Town shall designate future annexation areas, when identified, and coordinate with the affected land owners, governments and agencies for the future annexation and land uses of these areas. Policy 1.1.5.5.: New commercial and industrial land uses shall not be permitted within the Town. Policy 1.1.5.6.: Properties owned by the Florida Inland Navigation District which are intended for use as Materials Management Areas and for which specific engineering plans for the 1 -7 development and operation of Materials Management activities have been approved by FIND and provided to the Town shall not be unduly regulated so as to prohibit or substantially restrict their intended use as Materials Management Areas. Policy 1.1.5.7.: Coordinate with FDOT to develop methods to promote the protection, restoration and enhancement of the Australian Pine canopy along North Ocean Boulevard. Policy 1.1.5.8.: Initiate a cost benefit study that will identify and implement the potential of bur iinng the power lines throughout the Town. Objective 1.1.6.: The Town of Gulf Stream and its single family neighborhoods have an undeniable character and sense of place that shall be preserved while recognizing a need to provide for infill development and substantial renovations to or outright replacement of existing obsolete homes. Policy 1.1.6.1.: To protect its unique character, the Town shall clearly define the character, provide clear direction to new development and redevelopment on how to achieve consistency with and enhance the character, and provide a rational, objective process for the review of new development and redevelopment. Policy 1.1.6.2.: The character of Gulf Stream is singular and multi— faceted in nature in that it is composed of at least five distinct neighborhoods, each with their own development history and sense of character, that together form the unique character of the Town. In order to preserve the character of the Town and neighborhoods, the character of each shall be thoroughly articulated with words and pictures in the Design Guidelines adopted by the Town so that the context by which new development and redevelopment is evaluated is clearly understood by the property owner, designer, neighbors, and Town review officials. Policy 1.1.6.3.: Without proper safe guards, there is a high potential that new development and redevelopment could conflict with and severely diminish the existing character of the Town and individual neighborhoods. While it is not necessary that the Future Land Use Map specifically delineate the various neighborhoods, it is critical that land development regulations be crated which recognize the unique characteristics of each. Policy 1.1.6.4.: The character of the Town and neighborhoods is a function of many development features which must be are defined in the Design Guidelines including, but not limited to: architectural style; building form; building mass; building scale; use of structural and decorative design elements; use building and finish materials; colors; arrangement of structures on a site; location of mechanical equipment, patios, driveways, walls, and fences; landscape design and materials; other such features; and the relationship of these features to one another on a site as well as their relationship to other sites. Aeeordingly, land develupment regulations must eareffilly address these fil�..atures and relationships. :. - .: - ll - W. - - - - - - - - - -- - - - - -- • 7- =0 . . .. . .. . . . . .. ��..R�l...l■ L" gg a I a li Ise AIm■■l.J• ■�l:l.l�l l�lart�l.J .: ::: r ■ : : - - - -: - - .r��ww��e...e.•wr�s _ s _ - building form 10of shapes and :: : :: - - - - - mil i ■ ■ : ■ ■ ■ : : : • i : : low ■ : j- community�wide and district features including, but not limited speeifie fbrm and design standards for developmen to: style materials and sizeas architeetural building form 10of shapes and indow types shutters and seale and colors buildings and materials heights, materials and entry design exterior wall materials viii. garages and aecessory ill. landscape designs X. wall and fence 1 -9 Objective 1.1.7: Town shall address the impact of the potential conversion of existing multi - family buildings to higher - intensity multi - family buildings. Policy 1.1.7.1.: The Town shall enforce the Design Guidelines adopted for multi - family buildings Objective 1.1. -78: The Town shall protect private property rights and recognize the existence of legitimate and often competing public and private interest in land use. Policy 1. L-78.1.: Provide compensation, or other appropriate relief as provided by law, to a landowner for any governmental action that is determined to be an unreasonable exercise of the state's police power so as to constitute a taking. Policy I. L-78.2.: Encourage acquisition of lands by public agencies in cases where regulation will severely limit practical use of real property. Objective 1.1.89.: Any existing land use which may be found to be inconsistent with the Future Land Use Element and Map following adoption of this plan shall be eliminated. Policy 1.1.$9.1.: Expansion or replacement of land uses which are incompatible with the Future Land Use Element and Map shall be prohibited. Policy 1.1.$9.2.: Regulations for buffering incompatible land uses shall be set forth in the Town's land development regulations. Objective 1.1.910.: The Town shall improve coordination with affected and appropriate governments and agencies to maximize their input into the development process and mitigate potential adverse impacts of future development and redevelopment activities. Policy 1.1.410.1.: To provide for the effective implementation of the land development regulations in Policy 1.1.6.5., the Town mast shall continue to create and administer equitable, rational and objective development review procedures whereby the potential impacts of the development are commensurate with the time, expense and intensity of the review process. (relocated from Objective 1.1.6) Policy 1. 1.9-.+ 10.2.: The Town shall maintain membership in the Palm Beach County Multi — Jurisdictional Issues Forum and participate in the Palm Beach County Intergovernmental Plan Amendment Review Process. Policy 1.1.9:2.10.3: Requests for development orders or permits shall be coordinated, as 1 -10 required, with Palm Beach County, adjacent municipalities, Regional Planning Council, Water Management District and state and federal agencies. Objective 1.1.191.: Population densities within the Town's coastal area shall be coordinated with the hurricane evacuation plans of Palm Beach County and the Treasure Coast Regional Planning Council. Policy 1.1.191.1.: Prior to the Town's approval of any new development or subdivision, other than individual residences, the Town will consult the plans of the Palm Beach County Emergency Management Department and the Treasure Coast Regional Planning Council regarding hurricane evacuation. 1 -11 ��t.,no yi1 �%�� C:= C o o 0 9_ r �� �� � � ��" (Q � D O o Z N m n o n c a�� o -n , o 0 o r� 3 cn ��. 5, Cc c�� � n N Ji v n �� D c 0 ��D v 1"h 0 .-+ ��t.,no yi1 �%�� C:= C o o 0 9_ lbi ti ti i r 7' i --T r �� �� �� s , o T ,3 Ji Ji r Fri I 1: ' 4.1a ��t i cn m w �� N F ��A 3 CL ���� t lbi ti ti i r 7' i --T r �� �� �� s , o T ,3 Ji Ji I 1: ��t n...�� w ss�� av resa+��r - --, 1 I I L `' { I 1 gras! Ir-n ���� - -- UZ ol zi #, o�� 3�� J" T i I t E J / n t m CONS r�� i sir m ��1 ��f f f { ��l 1 1 ; m -7 --- - - - - -- (t f cf) m `f I 1 i I f r -- f X/��5 9i d/FYNM81 HAW 6b ollhVNOW II l�� Tit x m 0 EMMA N i1 O O T m X. e CL N a = 0 3 N  F A7 V " C m W L h_ CD 4 N 0 0 0 0 m z m 0 0 (13 0 0 a 0 m 0 X X X r_ a 0 a C fD m m m m cL cn m o o (D 0 CD 3 0 -0, -n (a La ca (a "a cf) Cl 0 0 CD CD CD (D CD (D 1 cf) ch -n -n ai CD CD 3 3 3 U) z ca o 0 M o C I "� :i i�� - �x,�[s r 'i s; � a .i ,,,� `i� /aY` r CD 0 2) ; mss- ::)- = U) -T 0 cn o 3 CD o S- 0 En 0 0 0 s:srnwrann�c�a - - -- ISM.. L -- q, NO m rA LC D Lrl \_:- / 03 U/ A. 14% L a M m (A TRANSPORTATION ELEMENT Data and Analysis Update There is only one main arterial roadway through the Town; State Road A -1 -A (Ocean Boulevard), which bisects the eastern portion of Town in a north -south direction. As identified on Metropolitan Planning Organization and Palm Beach County maps, Ocean Boulevard is a constrained roadway, limited by existing conditions to a maximum of two lanes. This constrained roadway and also identified as a shared facility, and marked with appropriate signage, for vehicular and bicycle use. The only other arterial roadway within the municipal limits is U.S. Highway One (Federal Highway), which is adjacent to the Place Au Soleil neighborhood, which is the only portion of the Town located west of the Intracoastal Waterway. U.S. Highway One is a state - maintained roadway. These State roadways which run through Town are generally operating below the adopted level of service standard of "D," as indicated in the Table below. Traffic Counts (Daily Trins) on Arterial Roadways within Town of Gulf Stream Source: Palm Beach County Engineering Department, Traffic Division The remainder of the roads within Gulf Stream are local roads and are maintained by the Town. These local roadways are in good condition and operate well below the level of service. As shown in the Future Land Use Element, the Town is essentially built -out with only a handful of vacant single family lots available for new development. The Town's population is only expected to rise 34 residents within the next 10 years. As limited development or redevelopment is projected for the near future of the Town, it is projected that all future land uses and associated trips can be accommodated by the existing traffic circulation network. The roadways within the Town's jurisdiction are satisfactory with only typical maintenance planned. There are no capital improvement projects that would incur the expenditure of Town funds projected for either the 5 or 10 year planning periods. 2 -1 2003 2004 2005 2006 2007 2008 Level of Service "D" ADT State AIA 11,774 10,175 10,718 10,847 8,665 7,846 12,300 (Ocean Boulevard) U.S. 33,368 32,128 31,509 32,572 26,817 27,430 32,700 Highway One (Federal Highway) Source: Palm Beach County Engineering Department, Traffic Division The remainder of the roads within Gulf Stream are local roads and are maintained by the Town. These local roadways are in good condition and operate well below the level of service. As shown in the Future Land Use Element, the Town is essentially built -out with only a handful of vacant single family lots available for new development. The Town's population is only expected to rise 34 residents within the next 10 years. As limited development or redevelopment is projected for the near future of the Town, it is projected that all future land uses and associated trips can be accommodated by the existing traffic circulation network. The roadways within the Town's jurisdiction are satisfactory with only typical maintenance planned. There are no capital improvement projects that would incur the expenditure of Town funds projected for either the 5 or 10 year planning periods. 2 -1 TRANSPORTATION ELEMENT III. GOALS, OBJECTIVES, AND POLICIES GOAL 2.1: A SAFE, CONVENIENT AND EFFICIENT MOTORIZED AND NON — MOTORIZED TRANSPORTATION SYSTEM SHALL BE AVAILABLE FOR ALL RESIDENTS AND VISITORS TO THE TOWN OF GULF STREAM. Objective 2.1.1.: Roadway deficiencies shall be identified and corrected in a timely, efficient, and cost — effective manner. Policy 2.1.1.1.: The Town hereby adopts the following peak hour LOS standards for each listed facility type: a) Collector roadways — LOS standard E D b) Arterial roadways — LOS standard E D State Road A I A (Ocean Boulevard) is a constrained roadway and is limited to a maximum of two through lanes. Policy 2.1.1.2.: Proposed roadway projects shall be evaluated and ranked in order of priority according to the follow guidelines: a) Whether the project is needed to protect public health and safety, to fulfill the Town's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities; b) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes in —fill development; and c) Whether the project represents a logical extension of facilities and services within a designated urban service area. Policy 2.1.1.3.: The Town shall give priority to any new roadway projects those needed to address existing deficiencies, particularly when high accident frequency is evident. Objective 2.1.2.: Right —of —way needs shall be formally identified and a priority schedule of acquisition or reservation shall be established. Policy 2.1.2.1.: Minimum right —of —way requirements for new roadways shall be: a) Arterial roadways — — — , b) emiector roadways — , e) Local roads — 60' right —of —way (swale drainage), 50'right—of—way (eurb and gutter)-. WJ Policy 2.1.2.2.: The Town shall require mandatory dedications or fees in lieu of as a condition of plat approval for acquiring necessary rights —of —way. Policy 2.1.2.3.: The Town shall review all proposed development for consistency with this Comprehensive Plan and impacts upon the adopted LOS standards. Policy 2.1.2.4.: The Town shall ensure that adequate roadway capacity is available consistent with Policy 2.1.1.1. of this Comprehensive Plan, or is planned for, when needed in order to serve new development during the Town's development review process other than individual single family homes. New development and redevelopment shall comply with the Palm Beach County Concurrence standards for the roadway network. Any required transportation facilities associated with new development or redevelopment shall be in place or under construction within three years of the issuance of the first structural building permit for the new construction. Policy 2.1.2.5.: The Town shall consult Palm Beach County, Metropolitan Planning Organization and Florida Department of Transportation right —of —way plan when determining right —of —way needs. Objective 2.1.3.: The provision of motorized and non — motorized vehicle parking, and the provision of bicycle and pedestrian ways will be regulated. Policy 2.1.3.1.: The Town shall prohibit on— street parking on all arterial and major collector roads. Policy 2.1.3.2.: The Town shall review all proposed development for its accommodation of bicycle and pedestrian traffic needs. Objective 2.1.4.: The Town's transportation system will emphasize safety and aesthetics. Policy 2.1.4.1.: The Town shall eliminate or minimize roadway designs which lead to hazardous conditions by: a) Requiring the provision of adequate storage and weaving areas; b) Prohibiting direct access from driveways and local roads onto high —speed traffic lanes; c) Preventing conflicts between roadway and pedestrian; and d) Providing adequate capacity for emergency evacuation. Objective 2.1.5.: Traffic circulation planning will be coordinated with the future land uses shown on the future land use map of this plan, the Florida Department Of Transportation 5 —Year Transportation Plan, plans of neighboring jurisdictions, and county Metropolitan Planning Organization. Policy 2.1.5.1.: The Town shall review subsequent versions of the MOT 5 —Year 2 -3 Transportation Plan and county MPO documents in order to update or modify this element, if necessary. Policy 2.1.5.2.: The Town shall review for compatibility with this element, the traffic circulation plans and programs of the unincorporated county and neighboring municipalities as they are amended in the future. Policy 2.1.5.3.: All proposed amendments to this Traffic Circulation Element shall include a statement of findings supporting such proposals. 2 -4 T D ° ° ■ J ■ � r O cn cn � ,- • ! m _ 1 rn r- o i D r- m m XD 1 mo ' m m om i ~ o I Do Y m Z Z 0 0 t, r —I o y m O -n m r f to m D f l n C) ao I / it • �' ;! j r z D rn 1 r: 17 �C 0 x, N a , x --� /001 x m ' n ' r( w C m t - w,r 7•I O ' Ai i -• _ ', z o :ice c 0 , y o0 Vi o I'• MUI i'— — � -DI D M - m Co CD ! ;az ., 0 ' .i D 00 1 ) r n .I I i z I C � — co 22 c —_ n __q N r p r ■ / o � r 1 cn ■ rn I = ■ m ■ Z — C7 j D �z Ln r C cn v Dzz / r) li i Om C (7 C , O -I O C 00 > �r� i 2� mD fr- Z m m:i> f M0 s 1 C r) c -< z ' m n - � cn0mo c m O x z D G O r) �Q ;l Z Z m D < m O ;u 0 I I Ir O m r -nF-< -- -- f D n n.cn r Z D O , i 1 I z ! O tI � / � '77 � !rte co C ' C n/ O C ' M y / (D O m , Y a • ' n 0 CD N V co n C I� 0 i I � f I 11 = co o o r _ t p to o ' �• _� •C d O O ' •' ,rte, O _ I c :t Z: Om• M>. ,' Al o 0 j 1 •i 0 In xc LC '7 :I ii Z I n � f •I V • C oQ � A -n I N LCD Housing Element Data and Analysis Update The Town of Gulf Stream is considered to be almost entirely built out. Within the Town, there are 34.89 acres of vacant land, scattered throughout the Town. The great majority of the vacant land is held by government agencies and is not developable under its current zoning. There is only 2.91 acres of developable land left in the Town, all of which is within lots zoned for use as single family. There is no multi - family zoned vacant land. No commercial or industrial future land uses exist or are projected for Gulf Stream. As indicated in the table below, the Town's population is projected to grow by 34 residents in the next 10 years and by 56 residents during the next 20 years. Population Projection Source: U.S. Census, Shimberg Center, University of Florida (2006) According to the 2000 Census the median age for the Town is 56 years old with the number of persons over 65 being 272 or 38% of the population. The percentage of population over 65 in the United States is 12.4% by comparison. The average household size for the Town is 2.11 persons and an average family size of 2.55. Palm Beach County has an average household size of 2.34 persons with 23.2% of the population being over 65 years of age. The median County age is 42 years old. The total number of housing units for the Town is 625, which indicates .87 persons per household on average with occupied housing units being 340. The median household income in 1999 was $146,985 while the median family income was $186,777 and the per capita income was $133,651. The Town's demographics, when compared to the federal average household income in 1999 of $41,994, median family income of $50,046 and per capita of $21,587 is significantly higher. The median income per household for the County was $45,062 and a median family income of $53,701. The median per capita income for Palm Beach County was $28,801. There were 209 single family homes in the town in 2000 with an average value of $805,000, as compared to the federal average of $119,600 and the County average of $400,000. Demographic Data from the 2000 Census 2000 2005 2009 2014 2019 2024 2029 Population Projection 716 736 754 772 788 801 810 Source: U.S. Census, Shimberg Center, University of Florida (2006) According to the 2000 Census the median age for the Town is 56 years old with the number of persons over 65 being 272 or 38% of the population. The percentage of population over 65 in the United States is 12.4% by comparison. The average household size for the Town is 2.11 persons and an average family size of 2.55. Palm Beach County has an average household size of 2.34 persons with 23.2% of the population being over 65 years of age. The median County age is 42 years old. The total number of housing units for the Town is 625, which indicates .87 persons per household on average with occupied housing units being 340. The median household income in 1999 was $146,985 while the median family income was $186,777 and the per capita income was $133,651. The Town's demographics, when compared to the federal average household income in 1999 of $41,994, median family income of $50,046 and per capita of $21,587 is significantly higher. The median income per household for the County was $45,062 and a median family income of $53,701. The median per capita income for Palm Beach County was $28,801. There were 209 single family homes in the town in 2000 with an average value of $805,000, as compared to the federal average of $119,600 and the County average of $400,000. Demographic Data from the 2000 Census Gulf Stream Palm Beach County Florida Households 625 474,175 6,337,929 Average Household Size 2.11 2.34 2.46 Owner - Occupied Housing Units, Percentage 91.2% 74.7% 70.1% Median Household Income (1999) $146,985 $45,062 $38,819 Population 716 1,131,184 15,982,378 Persons 65 Years Old And Over 38% 23.2% 17.6% Median House Value $805,000 $400,000 $119,600 These statistics clearly indicate the average resident of Gulf Stream is older, in a higher income bracket and owns a higher value home than that of the typical American family and also higher than the typical Palm Beach County resident. There are no substandard houses located within the Town. As a result of its desirable location adjacent to the Atlantic Ocean and the Intracoastal Waterway, the Town contains high land values, significantly higher than the average land cost is Palm Beach County. As a result, providing affordable housing within the Town is difficult at best. The Town encourages the development of auxiliary structures to single family homes, which allows for localized affordable and work force housing. In addition, the Town recognizes that affordable and work force housing is a county -wide issue that needs to be addressed in a comprehensive manner. The Town will work through the Palm Beach County Intergovernmental Plan Amendment Review Committee to facilitate that goal. Housing Element IV. GOALS, OBJECTIVES AND POLICIES GOAL 3.1: THE PROVISION OF AN ADEQUATE MIX OF SAFE AND SANITARY HOUSING WHICH MEETS THE NEEDS OF EXISTING AND FUTURE GULF STREAM RESIDENTS. Objectives 3.1.1.: In accordance with section 163.3202, F.S., the Town shall review, and revise where necessary, land development regulations to facilitate public and private sector cooperation in the provision of housing to meet the needs of future residents. Policy 3.1.1.1.: The Town shall continue to provide information, technical assistance, and incentives to the private sector to maintain a housing production capacity sufficient to meet the required demand. Policy 3.1.1.2.: Land development regulations adopted to implement this Comprehensive Plan shall be based on, and be consistent with, the following standards for residential densities as indicated below: a) Residential — Single Family - no greater than 2-.+ 2.64 residential units per gross acre and no greater than 2.9 dwelling per acre within the Place au Soleil subdivision; b) Residential — Multi - Family — no greater than 5.7 residential units per gross acre; c) Conservation — no residential development permitted. Policy_ 3.1.1.3.: Land development regulations shall be adapted maintained which address the location and extent of non — residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities and intensities of land uses contained in this element. Policy 3.1.1.4.: Land development regulations shall contain performance standards which: a) Address buffering and open space requirements; and b) Address historically significant properties meriting protection. Policy_ 3.1.1.5.: Within the Town, new development shall be permitted only when central water, central sewer systems, on —site systems or septic facilities are available or will be provided concurrent with the impacts of development. Policy 3.1.1.6.: The Town shall develop local government partnerships with the private sector to improve the efficiency and expand capacity of the housing delivery system. 3 -3 Policy 3.11.7.: Review ordinances, codes, regulations, and the permitting process for the purpose of eliminating excessive requirements, and amending or adding other requirements in order to maintain or increase the private sector participation in meeting the housing needs, while continuing to insure the health, safety and welfare of the residents. Policy 3.1.1.8.: Give first review and processing priority to proposed housing developments intended for any persons with special housing needs. Policy 3.1.1.9.: The Town's development regulations shall be reviewed and amended to include site selection criteria for the location of housing for the elderly and institutional housing which shall consider the need, accessibility, convenience and infrastructure availability. Objective 3.1.2.: Identify and assess any substandard units which may occur within the Town. Policy 3.1.2.1.: The Town shall continue code enforcement activities through inspections of the housing stock. And institute special concentrated code enforcement activities, if warranted. Objective 3.1.3.: Future development and redevelopment activities shall be directed in appropriate areas as depicted on the Future Land Use Map, consistent with sound planning principles, minimal natural limitations, the goals, objectives and policies contained within this plan, and the desired community character. Policy 3.1.3.1.: Historic resources shall be protected through designation as historic sites by the state and as specified in the land development regulations. Policy A ainui�: ir. �■... ri�.: n.: �: �... �: �.. �a: �:�n..n:�a:..n.:�■r.■..1:aR�nin Prior to 2012, the Town shall draft a local historic preservation ordinance, which will identify applicable properties and regulations regarding rding the development or redevelopment of the site. Objective 3.1.4.: By 1995, the Town shall assess the adequacy of sites for housing o needs. lovv—and moder-ate=hmonze residents to ineet their particular housing The Town shall promote programs and other means to ensure that affordable housing is provided to residents of all income ranges to sustain a balanced community. Policy 3.1.4.1.: " to assist housing needs and reeommend programs that should be instittited to f�eihtate the implementation of the goals, The Town shall continue to encourage the private sector to provide housing in a range of prices through streamlining the development review process. 3 -4 Policy 3.1.4.2.: The Town shall encourage the development of auxiliary dwelling units associated with a principal dwelling unit in order to increase the supply of affordable and workforce housing in residential developments. Policy 3.1.4.3.: The Town shall work with the Palm Beach County Intergovernmental Plan Amendment Review Committee UPARQ to develop a comprehensive, county -wide effort to address low income and work force housing. This coordination with IPARC will occur prior to 7011 Objective 3.1.5.: By By 2012, the Town shall set standards and criteria for the provision of sites for group homes at suitable locations provided that such a need for Town residents has been identified. Policy 3.1.5.1.: The Town shall establish non — discriminatory standards and criteria addressing the location of group homes and foster care facilities as required by its residents. Policy 3.1.5.2.: The Town shall review, and amend if warranted, the zoning code so that different classes of group homes are permitted in appropriate residential neighborhoods and so that no residential neighborhood is closed to such facilities. Policy 3.1.5.3.: The Town shall provide for other community —based residential care facilities needed to serve group homes and the clients of other programs, located at convenient, adequate, and non — isolated sites within the residential areas of the Town. within one year of Sue care f�eihties locating there. Objective 3.1.6.: Through continued monitoring and enforcement of development codes, the Town shall strive to conserve and extend the useful life of the existing housing stock. Policy 3.1.6.1.: The Town shall continue to enforce the standards relating to the care and maintenance of residential and neighborhood environment and facilities. Policy 3.1.6.2.: The Town shall continue to schedule and concentrate on public infrastructure and support facilities and services to upgrade the quality of existing neighborhoods. Policy 3.1.6.3.: The Town shall continue to encourage property owners to increase private reinvestment in housing by providing information, technical assistance programs, and incentives. 3 -5 Infrastructure Element Sanitary Sewer Sub — Element Data and Analysis Update A large percentage of the Town currently uses private septic systems to handle their wastewater service. However, there are several private systems within the community. There is a private low pressure sanitary system operated by homeowners in the Gulf Stream Core area. In 1991, the Gulf Stream Home Improvement Association was created to service the Gulf Stream Core area. This Association services 71 single family homes and the Gulf Stream School. The Somerset of Gulfstream residential project has its own system, as does Gulfstream Shores. The Little Club Plant, which previously serviced the Little Club area, Las Casistas and Hillside House is no longer functional and those areas connected to the City of Boynton Beach. Gulf Stream has recognized the need for a municipality -wide wastewater system to replace the septic system currently in use throughout most of the Town. The Town continues to assess and evaluate the financial feasibility this potential capital improvements. The current arrangement of septic systems and small private sewer systems in place are able to handle the Town's wastewater adequately at this time. Since the remaining developable land is minimal and primarily single family lots, septic systems would handle any new development as well. Developers are responsible for the cost of wastewater improvements necessary for their development and redevelopment projects Below is an analysis of the sanitary sewer service within the Town during the 20 -year planning time frame.. Level of Service Analvsis LOS \Year 2009 2014 2019 2024 2029 Population 754 772 788 801 810 Sanitary Sewer, 160 gpcpd* 120,640 gal /day 123,520 gal /day 126,080 gal /day 128,160 gal /day 129,600 gal /day * Sanitary Sewer service in the Town is provided through private septic systems, package plants and septic tanks. The LOS analysis applies to all systems. 4A -1 Infrastructure Element Sanitary Sewer Sub – Element V. GOALS, OBJECTIVES, AND POLICIES GOAL 4.A. L: TO ENSURE SANITARY SEWAGE FACILITIES ARE PROVIDED WHICH COMPLY WITH ALL APPLICABLE REGULATIONS AND WHICH MEET THE NEEDS OF THE CURRENT AND FUTURE RESIDENTS OF THE TOWN OF GULF STREAM. Objective 4.A.1.1.: The level of service standards established in this sub – element shall be maintained. ._ _ - - - - - .. - -- - -- -- - -- -- - - - -- - - - Policy 4.A.1.1.1.: The Town shall adopt an average annual daily sanitary sewage flow level of service standard of 160 gallons per capita per day for all treatment facilities, public and private. Policy 4.A.1. L-5. 2: Development orders for new development or redevelopment shall not be issued which would cause the wastewater facilities addressed in Policy 4.A.1.1.1. —of this sub – element to operate below the level of service standards adopted in this subelement. Objective 4.A.1.2.: Development orders for new development or redevelopment 4A -2 proposing to use septic systems shall not be approved for parcels that do not meet Palm Beach County Health Department minimum requirements. Policy 4.A.1.2.1.: Prior to approval, all proposed development using septic systems shall provide evidence of compliance with all applicable septic system requirements. Objective 4.A.1.3.: The Town shall participate, if requested, in discussions /negotiations between Town residents and potential wastewater disposal providers, and continue to investigate sources of revenue for the construction /extension of centralized wastewater facilities within the Town. Policy 4.A.1.3.1.: The Town shall participate, if requested, in discussion/negotiations between Town residence and public wastewater system providers, such as the Cities of Delray Beach and Boynton Beach, concerning the extension of regional wastewater services to all portions of the Town. Policy 4.A.1.3.2.: The Town shall participate, if requested, in discussions /negotiations between Town residents and private wastewater system providers, such as existing package treatment plants within the Town, concerning the extension of wastewater services to all or portions of the Town. Such extensions shall not be permitted where the level of service standards adopted by this sub — element for a private wastewater facility would not be met. Policy 4.A.1.3.3.: The Town eornmission shall direct the Town Manager to use d diligence in the investigation of ftinding for the eonstrtiction'extension of eentralized wastewater lip f�eififies within the Town. The To VV n Manager shall arm-aally report all findings concerning this Tnatter to the Town eommission. Prior to 2011, the Town shall conduct a study to investigate possible funding sources for a centralized municipal wastewater system. i. F-I ® 1 Q ^^m m > O c n Cl) L) m r �G m m — m tDi� vmi O 5 0-< Z � I I p m —I -n C) _'i oo m m p � cn 1 x m D O D� C>> n .0 cn < K Z m Ill m O Cl) D m n C7 m W c O Oz m r r m m D m l o m m Cl) � n = o Cl) _ m C7 m � z m < -; � m m v < D m D D m D a y r a n . o j3 m F o o a cD CD i 0 a �r f� L_ °o w o I' z rn � � !C C = = r- r •� °aeon ET CD Qc D CT a� y INFRASTRUCTURE ELEMENT Solid Waste Sub — Element Data and Analysis Update The Solid Waste Authority (SWA) of Palm Beach County accepts all waste generated in the County. All SWA facilities are located outside of the Town and operated by SWA. According to Palm Beach County's EAR (approved October 19, 2004), the County and thereby the Town of Gulf Stream meet the requirements of CH. 403 F.S. through the Integrated Solid Waste Management Plan (ISWMP). The Town contracts with Waste Management Inc. to provide pick -up and disposal of all solid waste. All Town residents are required to use this service. All waste collected are transported to the South County Transfer Station located in the City of Delray Beach. The Town's long range planning for this sub - element is addressed within the County's adoption of the ISWMP. The Town will have adequate solid waste collection capacity for new development. The service is funded on a cost recovery basis by the users. Regional solid waste disposal and recovery facilities serve the Town. There are no capital improvement projects that would incur the expenditure of Town funds projected for either the 5 or 10 year planning periods. Below is an analysis of the Town's solid waste disposal level of service during the 20 -year planning timeframe. Level of Service Analysis LOS \Year 2009 2014 2019 2024 2029 Population 754 772 788 801 810 Solid Waste, 5,376 5,504 5,618 5,711 5,775 7.13 lbs /per capita per day for lbs /day lbs /day lbs /day lbs /day lbs /day domestic waste; 171bs /pcpd for yard waste 12,818 13,124 13,396 13,617 13,770 lbs /day lbs /day lbs /day lbs /day lbs /day INFRASTRUCTURE ELEMENT Solid Waste Sub — Element VI. GOALS, OBJECTIVES, AND POLICIES GOAL 4.B.1.: TO ENSURE SOLD WASTE DISPOSAL SERVICES AND FACILITIES ARE PROVIDED WHICH COMPLY WITH ALL APPLICABLE REGULATIONS AND WHICH MEET THE NEEDS OF THE CURRENT AND FUTURE RESIDENTS OF THE TOWN OF GULF STREAM. Objective 4.B.1.1.: The level of service standards established in this sub — element shall be maintained. Policy 4.B.1.1.1.: The Town shall adopt a domestic solid waste level of services standard of XW 7.13 pounds per capita per day. flnough 1995-. Policy 4.B.1.1.2.: The Town shall adopt a yard trash level of service standard of 17 pounds per capita per day. Policy 4.B.1.1.3.: The Town shall continue to contract with a private solid waste hauler for the removal of all domestic solid waste and compacted yard trash. Policy 4.B.1.1 A.: The Town shall continue to provide curbside yard trash collection services. Policy 4.B.1.1.5.: Development orders for new development or redevelopment shall not be issued which would cause solid waste facilities used by the Town to fall below the level of service standards adopted for the Town in Policies 4.B.1.1.1. — 4.B.1.1.3. of this sub — element. Objective 4.B.1.2.: The Town shall cooperate with the Solid Waste Authority of Palm Beach County (SWA) and implement recycling programs as directed by the SWA. Policy 4.B.1.2.1.: The Town shall cooperate with the SWA in the development of recycling programs and implement such programs as required by the SWA. Policy 4.B.1.2.2.: The Town shall assist the SWA in the assessment of the effectiveness and efficiency of recycling programs once implemented. ►.; INFRASTRUCTURE ELEMENT Drainage & Natural Groundwater Aquifer Recharge Sub — Element Data and Analysis Update The drainage system for the Town has developed over the previous 100 years and is a mixture of various public improvements by the State, County and Town. The Town adopted a Level of Service Standard of 24 hour /3 year return storm water event and has adopted a storm water retention level of service standard for new development and major redevelopment which requires the retainment of the first one inch of runoff on the development site. New development is responsible for the cost of drainage improvements necessitated by the project's impact. Due to the fact that there is a limited amount development that can occur within the Town the current drainage system and level of service standards are considered sufficient for the current and future populations. INFRASTRUCTURE ELEMENT Drainage & Natural Groundwater Aquifer Recharge Sub — Element VII. GOALS, OBJECTIVES, AND POLICIES GOAL 4.C.1.: TO ENSURE NATURAL GROUNDWATER AQUIFER RECHARGE IS PROTECTED AND THE PROVISION OF STORM DRAINAGE FACILITIES AND REQUIREMENTS PROVIDED WHICH COMPLY WITH ALL APPLICABLE REGULATIONS AND WHICH MEET THE NEEDS OF THE CURRENT AND FUTURE RESIDENTS OF THE TOWN OF GULF STREAM. Objective 4.C.1.1.: The level of service standards established in this sub — element shall be maintained. Policy 4.C.1.1.1.: The Town shall adopt a storm water drainage level of service standard of the 24— hour /3 year return storm event for the Town —owned drainage system. Policy 4.C.1.1.2.: The Town shall adopt a storm water retention level of service standard for new development and major redevelopment which shall require the retainment of the first one inch of runoff on the development site. Policy 4.C.1.1.3.: Development orders for new development or redevelopment shall not be issued which would cause storm water runoff to exceed the level of service standards adopted in Policies 4.C.1.1.1. and 4.C.1.1.2. Policy 4.C.1.1.4: New development within the Town shall make all necessarimprovements to the downstream off -site surface water management s s�(s) to adequately store and /or convey any additional permitted stormwater discharges so as to not cause adverse offsite impacts. Objective 4.C.1.2.: The Town shall maintain land development regulations which comply with the requirements of the Federal Emergency Management Agency (FEMA) Flood Insurance Program and which protect public health and maintain groundwater aquifer recharge. Policy 4.C.1.2.1.: The Town shall maintain existing land development regulations which comply with the FEMA Flood Insurance Program requirements. Policy 4.C.1.2.2.: The Town shall maintain existing land development regulations which prohibit the placement of retention areas over septic drainfields. Policy 4.C.1.2.3.: The Town shall maintain existing land development regulations which protect natural drainage features and prohibit excessive drainage flows between adjacent properties. 4C -2 Policy 4.C.1.2.4.: The Town shall maintain existing land development regulations which provide for sloping requirements of retention areas such that erosion is minimized. Policy 4.C.1.2.5.: The Town shall maintain existing land development regulations which provide for groundwater aquifer recharge through open space and minimum pervious surface area requirements. 4C -3 INFRASTRUCTURE ELEMENT Potable Water Sub — Element Data and Analysis Update The Town of Gulf Stream is a part of the City of Delray Beach potable water service area. The Town of Gulf Stream purchases water from the City of Delray Beach but maintains the water lines. Delray Beach bills the Town based on water consumption as measured at the master meters. The Town then bills individual residents based on their water consumption. The Water Service Agreement with the City of Delray Beach dated June 17, 1998 states that the City of Delray Beach sells and delivers to the Town of Gulf Stream all water necessary to fulfill the water requirements of the Town, up to 800,000 gallons per day. The agreement is for 25 years until 2023 unless the agreement is extended. In addition to this agreement, the Town has a backup water agreement with the City of Boynton Beach. This back up agreement dated May 19, 1998, provides the Town with water from the City of Boynton Beach via an existing 6 inch main located at the north end of the Town, should the water service from Delray Beach fail. According to the City of Delray Beach Comprehensive Plan their treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The design capacity is established by its clarifier capacity of (28 mgd). The demand for the year 2000 was 16.4 mgd with a peak of 20.5 mgd. The build out demand is estimated at 18.3 mgd with a peak of 22.8 mgd. The amount of withdrawal from the existing 30 wells (programmed 38 wells total yielding 49.74 mgd) is established, through South Florida Water Management District consumptive use permit at 21.08 mgd. In 1989, the Town's average demand was 0.659 mgd, 0.604 mgd for the year 2000 and .699 for the year 2005. The average Level of Service for 1989 was 1021 gcd with a projection of 1021 gcd for the year 1995. The actual level of service for the year 2000 was reported at 846 gcd and for 2005 was 979 gcd. This reflects a lower level of service and therefore a conservation of water even though the Town's population increased. Although the Town has reduced its overall consumption of water since the 1989 Comprehensive Plan, additional water conservation measures have been provided. Since the its Comprehensive Plan was adopted, the Town has adopted land development regulations which limit irrigation to three days a week during non - daylight hours in order to avoid water loss through evaporation. The Town's Land Development Regulations also provides the Town Manager with additional powers to further restrict water use in the Town during emergency situations. Additionally, the Town has adopted an inverted rate structure in which the rate increases proportionally with water consumption. The Town's Landscape Code requires the use of native vegetation whenever possible and rain sensors and other water - saving plumbing devices are also encouraged. A new policy requires the maintenance of these water - saving land development regulations. Another policy has been added requiring the Town to study and encourage the use of drip irrigation and other water - saving irrigation methods as a means of reducing the overall water requirement of the Town. Drip irrigation can save up to 50% of the water used by a sprinkler 4D -1 irrigation system. By addressing the method of irrigation, the Town can significantly reduce its water use. Level of Service Analysis Based on the actual use rates, the potable water Level of Service for the Town is 979 gallons per capita per day. However, the actual level of service for the Town is the 800,000 gallons per day that is available to the Town through its Water Service Agreement with the City of Delray Beach. Below is a chart using the latest population projections and the Town's potable water level of service. As indicated in the above table, the Town has enough capacity, through its water service agreement, to meet its project population. 4D -2 2009 2014 2019 2024 2029 Population 754 772 788 801 810 Potable 738,166 755,788 771,452 784,179 792,990 Water, gallons per gallons per gallons per gallons per gallons per 979 gallons day day day day day per capita per day As indicated in the above table, the Town has enough capacity, through its water service agreement, to meet its project population. 4D -2 INFRASTRUCTURE ELEMENT Potable Water Sub — Element VI. GOALS, OBJECTIVES, AND POLICIES GOAL 4.D.1.: TO REDUC-E PER C-AP19F . TO PROVIDE OF A SAFE, HEALTHY AND DEPENDABLE POTABLE WATER SUPPLY TO ALL RESIDENTS. Objective 4.D.1.1.: Achieve the following reductions in the pet- capita collisulliptioll 0 potable water through the implementation of v oluirtary pt ograins for existing developmen and mandatory water conservation prograins for new development and redevelopment. The potable water level of service standard established in this element shall be maintained throughout the Town. - - - - - I'Llf - -- -- - - - I M11121111111IM0 - - - WAIIIIII - - - - -- - - -- - - -- - - - LVj .::. -;;- Z4 am b. Provide irrigation experts at a redticed fee fbr individual eons-citations. C. Provide, fivough the mail, quarterly updates of water eonservatiun goals, the s-decess Of should be coordinated with changes in season and relcommend appropriate irrigation adjustments. The Town shall adopt an average annual potable water level of service standard of 979 alg lons per capita per day. `• of adoption rneed individually with all tion—residential water users and the top 5% of residential wate which may, include. r v L. l: Sal• S••■ 1�11•l:II Erg IV ONE ■S.1ii:1rS.R�I•.r S•�7.1•LL:1•o•l:l�f Stll�l��l Sl�l �.1:1RS1•1R.7S�L %.SirJlsill S•r SUI ' - - ` - - ----- - - - -- --- - - - -- - - - - - ---- - - - - - - The Town shall not approve any development permits which would cause for the level of service standard established in Policy 4.D.1.1.1. to operated at a lower level. .m . AIR MM PORN I I I Of 9J : :. Policy 4.D.1.1.3.4.: A representative of the Town of Gulf Stream shall meet annually with the City of Delray Beach to discuss potable water related issues, including the development of a wastewater reuse or gray —water system. Policy 4.D.1.1.4. 5. In compliance with Chapter 163, Part II, F.S., the Town shall adopt the Water Supply Facilities Work Plan. Objective 4.D.I.2.: ff a reduction fir water consuniption set forth in Objective 4-.D-fA-.-n not achieved by tile CO!TeSpOliding Fiscal Year, the Town shall adopt and iniplen! inandatory reduction progranis within on year which will result in achieving the reduction goaf set forth by the next cafendar year and to achieve an overalf reduction goal of 50% b Fiscal Yeal- 2000. The Town will continue to encourage new development and redevelopment to reduce per capita potable water consumption, Policy 4.1).1.2.1.: The Town shall maintain land development regulations that require and encourage the following water conservation practices. a. The use of xeriscape and native vegetation on a portion of development sites. b. The use of soil tensiometers or similar control mechanisms in all irrigation std C. The use of in —home water saving plumbing devises such as low volume shower heads and toilets. 4D -5 Policy 4.D.1.2.2.: The Town shall study and identify means to encourage, and require if necessary, the use of drip irrigation and other water - saving irrigation used within the Town. : : 0 SO CAM a T-111 NEW 0- 1! M In 10 1 re I VI 4 1010 - via - ml, g 1 - 9 • 4D -7 I J � I cn I ; m 0 m 1 •1 1 n Z o c J i it o n (D W (D m D D � 1• ,l r D ! � i� Ly D r �I /a I � C m _ N 1 r ; Cl I ' r _ J rr I .j .r .1 T Z j � I C I 1 � ° D � .11 G ° >T ° TOWN OF GULF STREAM, FLORIDA WATER SUPPLY FACILITIES WORK PLAN Prepared For: Florida Department of Community Affairs Prepared By: Town of Gulf Stream, Florida Urban Design Studio, Planning Consultant April 16, 2009 M TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Statutory History 1.2 Statutory Requirements 2.0 BACKGROUND INFORMATION 2.1 Overview 2.2 Relevant Regional Issues 3.0 DATA AND ANALYSIS 3.1 Population Information 3.2 Maps of Current and Future Areas Served 3.3 Potable Water Level of Service Standard 3.4 Population and Potable Water Demand Projections by Each Local Government Utility 3.5 Water Supply Provided by Other Entities 3.6 Conservation 3.7 Reuse 4.0 CAPITAL IMPROVEMENTS 1.0 INTRODUCTION The purpose of the Town of Gulf Stream Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans. Residents of the Town of Gulf Stream obtain their water directly from the City of Delray Beach, which is responsible for ensuring that enough capacity is available for existing and future customers. The Town of Gulf Stream Water Supply Facilities Work Plan (Work Plan) will reference the initiatives already identified in Delray Beach's Work Plan since the Town is a retail buyer. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements and conservation and reuse programs that are necessary to serve existing and new development. The City's Work Plan is divided into four sections: Section 1 — Introduction Section 2 — Background Information Section 3 — Data and Analysis Section 4 — Work Plan Projects /Capital Improvement Element/Schedule 1.1 Statutory History The Florida Legislature has enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning and water supply planning. 1.2 Statutory Requirements Each local government must comply with the following requirements: 1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan, [163.3177(4)(a), F.S.] 2. Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services [s.163.3177(6)(a), F.S., effective July 1, 2005]. Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate 4Da -1 public facilities will be available to serve the proposed Future Land Use Map modification. 3. Ensure that adequate water supplies and facilities area available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S., effective July 1, 2005]. This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). 4. For local governments subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element "), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [s. 163.3177(6)(c), F.S.]; b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction [s. 163.3177(6)(c), F.S.]; and c. Include a water supply facilities work plan for at least a 10 -year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [s. 163.3177(6)(c), F.S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice -a -year amendment limitation. [s. 163.3177(6)(c), F.S.] 5. Revise the Five -Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five -year period. 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 10 -year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177 (6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the 4Da -2 existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167 (13), F.S.] 7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6)(h)1., F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 10 -year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191 (2)(1), F.S.] 2.0 BACKGROUND INFORMATION 2.1 Overview The Town of Gulf Stream was incorporated in 1925, as a small, seasonal, beachfront community. The Town's unique location with the great majority of the municipal land situated on a barrier island has helped maintain its strictly residential character. The Town can not expand its jurisdictional boundaries much farther than it currently exists. The Town is bounded to the east by the Atlantic Ocean, to the west by the Intracoastal Waterway and U.S. 1, to the north is the City of Boynton Beach and the small municipalities of Briny Breezes and Ocean Ridge. To the south is the City of Delray Beach. The Town is approximately 521 acres or 0.81 square miles. The Town is considered almost entirely built out. Within the Town, there are 34.89 acres of vacant land, scattered throughout the Town. The great majority of this vacant land is held by government agencies and is not developable under its current zoning. This is only 2.91 acres of developable land left in the Town, all of which are zoning for single family residential development. There are no vacant multi - family properties within the Town. No commercial or industrial future land use designated lands exist or are projected for Gulf Stream. As indicated above, the Town of Gulf Stream is substantially built -out. Between 1990 and 2000, the Town of Gulf Stream's population grew from 690 to 716, an increase 0.37% percent per year. It is estimated that the population will increase to 768 in 2010, which is a increase from the 746 in 2005. Build out is projected to be reached in 2015 with a population of 791. 2.2 Relevant Regional Issues As the state agency responsible for water supply in the Lower East Coast planning area, the South Florida Water Management District (SFWMD) plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting. As pressure increased on the Everglades ecosystem resource, the Governing Board initiated rule making to limit increased allocations dependent on the Everglades system. As a result, the Regional Water Availability Rule was adopted by the Governing Board on February 15, 2007 as part of the SFWMD's water use permit program. This reduced reliance on the regional system 4Da -3 for future water supply needs, mandates the development of alternative water supplies, and increasing conservation and reuse. 3. DATA AND ANALYSIS 3.1 Population Information The Town's existing and future population figures are derived from U.S. Census figures, the Palm Beach County Planning and Zoning Department, the University of Florida, Shimberg Center. Between 1990 and 2000, the Town of Gulf Stream's population grew from 690 to 716, an increase of 0.37 percent per year. In 2005, it was estimated that the Town's population had increased to 736 residents. By 2009, the Town's population is estimated to increase to 754; 2014 to 772; and 2024 to 801. This minor population growth is reflective of the fact that the Town is substantially built -out, with future development potential and population growth limited by the scarcity of vacant and developable land. 3.2 Maps of Current and Future Areas Served The map depicting current Town boundaries and Future Land Use Plan designation served by the City of Delray Beach's Public Utilities Division for potable water distribution is provided. 3.3 Potable Water Level of Service Standard In its 1989 Comprehensive Plan for the Town, a potable water level of service of 800 gallons per capita per day was established. Currently, the average level of service demand in 2005 was 979 gallons per capita per day. This average level of service demand is consistent with the existing Water Service Agreement between the City of Delray Beach, which is the Town's potable water provider, and the Town, which is the consumer. This agreement permits the Town to purchase up to 800,000 gallons of potable water per day. The 2005 average demand for water was 699,000 gallons of potable water per day. Based on the actual usage of potable water in the Town, the Level of Service for the Town shall be revised to 979 gallons per day per capita. With the anticipated 2029 population of 810 persons, the level of service would result in a maximum of 792,990 gallons of water a day, which is within the limitations of the Town's Water Service Agreement with the City of Delray Beach. This projection assumes that current level of service. With the additional emphasis on water conservation in the public and private sectors, it is anticipated that the per capita water use will decrease in the near time frame. It should also be noted that the Town has an alternative water service agreement with the City of Boynton Beach, should there be any interruption of water service with the City of Delray Beach. Please also note that there are no commercial and industrial lands 3.4 Population and Potable Water Demand Projections by Each Local Government or Utility See Tables below. le1RM Z Q J a Y O W J_ U Q LL J a a cn w W Q Q w w F- U) LL J (7 LL O Z O F- U) p Z Q W a 06 Z O Q J a O CL w J m Q H • O CR O O p N 0 p 0) 00 Z Q p N O W p O OR J r O a ° `" a D LU a, o°o � � °o 0 Z ? N W 2 Z w LU LO O O N O 0 � J m N 00 0 m N CD Z_ = ~ 3 00 ao ui E O N U > z O N w U W c N J 0 a It Z C ti LO a 0 Q N a_ �U co Wha _ O a c C') Q N 0 c 0 m N E ♦ U) Q LU LL Q LL! D V W c U o _ m o Lu a E Co p J a° 0 Q O UD U • z Q J CL Y O Q w LL J U' LL O z O u z W 2 W NW w 0 a U) W J a Y J D m 06 W U_ W U) z O _U D W cl H O N W J m a ti m 3.5 Water Supply Provided by Other Entities The City of Delray Beach Water Supply Facilities Work Plan is included by reference. The intent of the City of Delray Beach's Work Plan is to meet the statutory requirements mentioned in subsection 1.2 of this plan and to coordinate the City Work Plan's water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan Update. The City's Water Treatment plant is a 26.0 Million Gallons per Day (MGD) lime softening treatments facility. Water is pumped from 30 wells throughout the City and transmitted through underground lines to the treatment facility. The treated water is then distributed throughout the City and to the Town of Gulf Stream through underground transmission pipes. The City has more than 426 miles of water distribution and transmission mains, 19,200 service lines, 7,500 valves and 2,456 fire hydrants. The Town of Gulf Stream owns and maintains its transmission lines. 3.6 Conservation The Town will coordinate future water conservation efforts with the City of Delray Beach and the SFWMD to ensure that proper techniques are applied. In addition, the Town will continue to support and expand existing goals, objectives and policies in the comprehensive plan that promotes water conservation in a cost - effective and environmentally sensitive manner. The Town will continue to actively support the SFWMD and the City of Delray Beach in the implementation of new regulations or programs that are design to conserve water during the dry season. 3.7 Reuse State law supports reuse efforts. For the past years, Florida's utilities, local governments, and water management districts have led the nation in implementing water reuse programs that increase the quantity of reclaimed water used and public acceptance of reuse programs. Section 373.250(1) F.S. provides that "water reuse programs designed and operated in compliance with Florida's rules governing reuse are deemed protective of public health and environmental quality." In addition, Section 403.064(1), F.S., provides that "reuse is a critical component of meeting the state's existing and future water supply needs while sustaining natural systems." The Town of Gulf Stream supports water reuse initiatives under consideration by both the SFWMD and the City of Delray Beach. 4.0 CAPITAL IMPROVEMENTS Once the City of Delray Beach completes its Water Supplies Facilities Work Plan, the Town's Water Supply Plan will be updated. There are no Potable Water Capital Improvements planned by the Town during the next five years. Only routine maintenance paid for by general revenues are anticipated during the next five years. 1 1 1 1 N r r, ,,. 2..02 I'A 01 _1 I Biel This Agreement made and entered into this Juju, day of J..9t\ C- 19% by and between the City of Delray Beach, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "City "), and the Town of Gulfstream, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "Town ") Whereas, the Town desires to purchase treated, potable water from the City; and, Whereas, the City has the ability and is willing to provide the water service desired to the extent provided herein. NOW THEREFORE, in consideration of the promises and agreements herein set forth i to be observed and performed, the parties hereto agree as follows: The Recitations set forth above are incorporated as if fully set forth herein. The City shall sell and deliver to the Town, and the Town shall purchase and receive from the City, all water necessary to fulfill the water requirements of the Town, up to 800,000 gallons per day, during the effective period of this contract. In the event that, despite all reasonable diligence exercised by the City in developing and maintaining adequate sources of water supply, there should be at any time an insufficient supply of water available to fulfill 1 SLh 1ALr C- 5 ( a--7 ' r the total requirements of all customers of the Town, due to prohibitions, restrictions, limitations or requirements of local, state of federal governmental agencies having jurisdiction over such matters or due to any other causes beyond its control including but not limited to those more specifically set forth in Section VII hereof, the City shall be deemed to have fully performed its duties and to have discharged its obligations hereunder if, in such circumstances, it shall furnish and deliver to the Town its surplus water over and above the needs of the inhabitants. In the event that the City is unable to fulfill the total requirements of all customers of the Town, then the Town shall have the right, without cancellation of this Agreement, to seek an alternative source of water to fulfill the needs of the inhabitants of the Town that are not at that time being fulfilled by the City. If the City is unable to supply the total requirements of all customers of the Town, this shall not terminate or cancel this Agreement. It shall always i be the obligation of the Town hereunder to purchase all water necessary to fulfill the requirements of the Town up to 800,000 gallons per day from the City to the extent that the City is able to furnish such water to the Town and the fact that the Town may be obligated to or using an alternate entity and /or source of water supply shall not diminish the obligation of the Town in this regard. ��Iljgsll All water delivered by the City hereunder shall be of good and potable quality satisfactory for domestic use and shall have received the same treatment and be of the quality as that furnished by the City to all other customers of the City. 2 5C�PAJ(c IC- / ?� )— J � ���% The water furnished hereunder will be delivered by the City, and will be accepted and received by the Town at the intersections of Old Dixie Highway, Gulfstream Boulevard, Pelican Lane and State Road A -1 -A and at such other points as may be determined necessary by engineering analysis and as mutually agreed upon by the City and the Town. The City shall maintain facilities of sufficient capacity to provide the combined volume of water referred to in Section II, at the points referred to above. If any additional points of service are required, the Town shall pay the total cost of the additional facilities, including but not limited to additional meters. All existing and future facilities required and agreed to by the parties, including master water meters shall be owned and maintained by the City. Title to the existing twelve inch waterline and the existing master water meters have been transferred to the City, and a Grant or Grants of Easement to the connection have been made to the City. Title to future facilities and grants of easements, as required shall be furnished by the Town to the City at no expense to the City. The City's sole responsibility is the transmission of water to points of connection with the Town's water system, with the Town being responsible for billing their users and for maintaining their water system including the repair of users' meters. The City shall render a single bill monthly to the Town based on the master meter readings. 3 S cr�� jC i C-` ��  + plow V Lei ► F41 0 MIN z The Town is to pay the City the prevailing water rate charged by the City to non- residential users plus a surcharge of 25 %. As the rate for non - residential users is increased or decreased subsequent to the date of this contract the rate payable by the Town shall float with said increases or decreases, so that the rate payable by the Town is always 25% greater than the water rate charged at any particular time to the City of Delray Beach non - residential users; provided, however, that in no case shall the rate payable by the Town exceed the prevailing water rate charged to City of Delray Beach residential users, plus a surcharge of 10 %. In the event that, during the term of this agreement, the legislation relating to the ability to surcharge is amended, or in the event that it is determined by law that such a surcharge is not appropriate, then, and in that event, this agreement shall be modified so as to eliminate or decrease the surcharge to be consistent with the prevailing law, but in no event shall the surcharge, during the term of this agreement, be greater than the amount specified herein. If the master meter becomes inoperative during the first year after the acceptance of the line by the City, the City shall bill the Town on the basis of the last preceding month's bill while said master meter was operative. if the master- meter becomes inoperative after it has been in operation for a twelve month period, the City shall bill the Town on the basis of the same month in the previous year. Payment by the Town to the City for water shall be within 30 days after furnishing monthly bills to the Town. M \Ci �) 04 5 Upon the occurrence of an Event of Default by a Party, the non - defaulting Party shall have the right to terminate this Agreement and its services hereunder, and to disconnect or block the connection facilities. An Event of Default shall occur (1) upon failure of a Party to pay when due any amount hereunder, which non - payment shall not have been cured by the Party within thirt, (30) days follw.ving the Party's receipt of written notice of such non- payment, or (2) upon failure of the Party to cure any non- monetary default within thirty (30) days after which it is given written notice, provided, however, that if such non - monetary default cannot by its nature reasonably be cured within such thirty (30) day period, an Event of Default shall not occur if the Party shall in good faith commence such cure within such period and shall thereafter diligently and continuously pursue such cure to completion at the earliest possible date. The full amount of all sums due or to become due to the non - defaulting Party hereunder, including but not limited to any unpaid water charges and accrued interest thereon, upon an Event of Default become immediately due and payable in full without further demand or notice. It is further provided, however, that the defaulting Party's payment to the non- defaulting Party of any disputed amounts shall not impair its rights to dispute or litigate any such said amounts. Repeated and frequent defaults, although subsequently cured within the thirty (30) day period, shall, in the non - defaulting Party's sole discretion, constitute a non- curable default, and shall result in an acceleration of all sums due or to become due to the non- defaulting Party. The remedies indicated by this paragraph shall be in addition to any other Ara j le 5 s a 5 remedy in law or in equity, which the non - defaulting Party might have or which might be provided by this Agreement. This contract shall be and remain in full force and effect for and during a period of twenty -five (25) years from the effective date of this agreement. The Town agrees that the title to the facilities, as well as any easements necessary for the use and installation of same, shall be clear and the title shall be free of all liens and encumbrances. The easements shall be transferred to the City at no cost. Any temporary or continuing cessation of the service by the City caused by an Act of God, fire, strike, casualty, major maintenance work, breakdown of or injAries to machinery, pumps or pipelines, civil or military authority, insurrection, riot, or other causes of the same kind as enumerated herein shall not constitute a breach of the Agreement on the part of the City, and the City shall not be liable to the Town for any damage resulting from such cession of service. The City shall use reasonable diligence in the operation and maintenance of its water supply and transmission facilities; however, the City shall not be responsible to the Town for any interruption of service due to causes beyond the City's control. During the Term of this Agreement, the parties shall be bound by their own ordinances I governing water restrictions as well as any other applicable South Florida Water Management ckcCIIJ C-i o District, County, State or Federal requirements governing water restrictions and governing the production of potable water. This Agreement shall inure and be binding upon the successors of each of the parties hereto; provided however, that in the event that, at any time during the effective period hereof, the Town shall sell all or any portion of its water distribution system, the purchaser thereof shall acquire no rights of any hind hereunder unless the City shall agree hereto in writing prior to the consummation of such sale. Neither the Town or the City shall assign, convey or transfer any rights or interest in this Interlocal Agreement without the consent of the other. SECTION X NOTICE All notices required pursuant to this Agreement shall be properly given if mailed by United States registered or certified mail addressed to the party to which notice is to be given at the following respective addresses: City of Delray Beach City Manager 100 N.W. Ist Avenue Delray Beach, FL 33444 Town of Gulfstream TOWN MANAGER inn SEA RnAn GULF STREAM, FL 33483 S C�v A \ C- 7 Each Party shall be responsible for its own negligence in connection with, arising out of or incident to, the performance of this Agreement. The invalidity of any portion, article, paragraph, provision, clause or: any portion thereof of this Agreement shall have. no effect upon thL validity of any other part or portion hereof. If a portion, part, provision, clause, paragraph, article is found by a court of competent jurisdiction to be invalid, the parties will negotiate substitute language to be binding on the parties. ►l J To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. The Agreement shall be governed by and in accordance with the Laws of the State of Florida and applicable Federal Law in the event of a conflict and to the extent that Federal law preempts the laws of the State of Florida. 1 .. Imp go All previous resolutions and previous Agreements between the City and Town are hereby repealed. 8 � cr�f c� } Any modification to this Agreement shall be made in writing, executed by the Parties hereto, and filed with the Clerk of the Circuit Court pursuant to Florida Statute Section 163.01. This Agreement shall take effect upon its execution by both Parties, and its filing with the Clerk of the Court in and for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument and an exact duplicate -hereof to be executed in their names and their corporate seals affixed hereto and*,to'said duplicate by their respective officers thereunto duly authorized, all as of the day r ' an year herein fiefdie' first above written. .ATTEST:, ' `' :.f{ CITY OF DELRAY BEACH, FLORIDA By: _ City- Clerk op�" . Approved as to legal form and sufficiency: ?.,City Attorney Crty lurk. Approved as -rp, j' &gal' form and sufficient .y By: City Attorney gulfstrm.agt 0 I TOWNPOF GULFSTREAM Mayor 0 Coastal Management Element Data and Analysis Update The entire Town is located within the Coastal Area and within the identified Coastal High Hazard Area, as defined by Chapter 163.3178 and identified on the Palm Beach County Coastal High Hazard Map and the Treasure Coast Regional Planning Council. As such, the Town's population would have to evacuate if the area is threatened by a Category 1 hurricane or stronger. As detailed within the Future Land Use Element, the Town is substantially built out and only minor fluctuations in the resident population is expected during the next 20 years. As such, there is no significant impact anticipated. to the Town's Hurricane preparedness and evacuation activities. Coastal Management Element XIV. GOALS, OBJECTIVES, AND POLICIES GOAL 5.1.: THE SOCIAL ECONOMIC, AND ENVIRONMENTAL BENEFITS ASSOCIATED WITH THE TOWN OF GULF STREAM'S COASTAL AREA SHALL BE MAINTAINED, AND ENHANCED WHERE FEASIBLE. Objective 5.1.1.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary land development regulations which regulate future development in the coastal area and shoreline uses in a manner which preserves, protects, or enhances the remaining coastal area limiting marine resources, vegetation and wildlife habitat. Policy 5.1.1.1.: Future development in the coastal area shall not occur where: 1. Development of fixed structures (e.g., homes, condominiums, hotels, swimming pools) could reasonably create a future demand for beach nourishment and erosion control projects; or 2. Evacuation of the island in case of emergency could not occur within acceptable time periods; or 3. Development would limit existing public access opportunities to beaches or other publicly owned resources unless an alternate is provided.; or 4. Provision of necessary public services (e.g., centralized water and wastewater; solid waste removal; transportation systems, etc.) would not be available to adequately serve the development concurrent with need; or 5. Provision of necessary public services to private development could not occur without increasing costs to mainland residents. Policy 5.1.1.2.: Erosion control measures shall be limited to those that do not interfere with normal littoral processes, sea turtle nesting and hatching activities, or negatively impact coast natural resources. Policy 5.1.1.3.: Native vegetation shall be provided in landscaping in the coastal area. Policy 5.1.1.4.: The Town shall support techniques for inlet maintenance which provide for long —term stability through facilitation of normal littoral processes. Policy 5.1.1.5.: The Town shall require that all new development within the coastal area remove all nuisance and exotic vegetation. Policy 5.1.1.6.: Shoreline alteration and construction which degrades existing estuarine productivity shall be prohibited unless it provides necessary access to marine resources, abates 5 -2 serious and significant erosion, and does not significantly impact water quality or habitat value. Policy 5.1.1.7.: A natural vegetated buffer adjacent to the Intracoastal Waterway shall be required of all new developments and major redevelopments. Policy 5.1.1.8.: The Town discourages the construction of any marinas within its coastal area; however, if one is proposed, the following criteria shall be used when reviewing its merit: 1. Preference shall be given to sites which have been legally disturbed or identified as suitable in a local marina siting plan element, as opposed to sensitive areas; 2. Non —water dependent uses (such as bait and tackle, restaurants, etc.) shall be situated on uplands (but not dunes); 3. Marinas shall demonstrate that they have sufficient upland area to accommodate all needed utilities and marina support facilities; 4. Docking facilities shall only be approved which require minimal or no dredging and /or filling to provide access by canal, channel, or road; 5. Marina basins shall only be approved when the locations have adequate depths to accommodate the proposed boat use; 6. Dock and decking design and construction shall ensure light penetration sufficient to support existing shallow water habitats; 7. Sewer pump —out service shall be made available at all marinas capable of servicing or accepting boats inhabited overnight or boats which require pump —out service; 8. In the event marina fueling facilities are developed, adequate and effective measures shall be taken to prevent contamination of area waters from spillage or storage tank leakage; and 9. Prior to operation of marina fueling facilities, the developer shall concurrently submit to the Town a copy of the application for a terminal facility and the applicable portion of the DNR "Florida Coastal Pollutant Spill Contingency Plan ". The plan shall describe the methods of fuel storage, personnel training, methods to be used to dispense fuel, and all the procedures, methods, materials and emergency response contractors to be used in the event of a spill. 10. Marina and appurtenant upland area shall be compatible with the Future Land Use Map and applicable land developments regulations in terms of the types of intensities of uses that are permitted. 11. Landscape buffers and setbacks shall be required to mitigate impacts upon adjacent land uses. 12. Marinas shall include a hurricane contingency plan which shall include those methods to be taken to secure property and facilities at the marina, the time period necessary to complete the preparation and the safe evacuation of all marina personnel and those who rent or own space at the marina. 13. Marinas shall identify which docking facilities are to be rented and which are to be sold. Areas available to the public shall be identified and maintained as such. 14. All applications for marinas shall include a market study indicating the need, market area, and user profile of the marina and which shall include projected costs and revenues providing the economic feasibility of the marina. 5 -3 Policy 5.1.1.9.: The Town recommends that the South Lake Worth Inlet District continues the use of the sand transfer pump. Objective 5.1.2.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, provided for the protection of species with special status. Policy 5.1.2.1.: Beach renourishment projects shall protect sea turtle nesting areas by limiting construction in such areas to winter and spring months, or by collecting eggs from the nests, incubating them, and releasing the hatchlings. Policy 5.1.2.2.: In order to protect gopher tortoises and indigo snakes, the use of toxic substances poured into burrows to destroy rattlesnakes shall be prohibited. Policy 5.1.2.3.: The Town shall periodically review boat speeds in the Instracoastal Waterway with the U.S. Coast Guard of Florida Marina Patrol to ensure manatees are adequately protected. Policy 5.1.2.4.: The Town shall require that all new development east of State Road A -1 —A to receive site plan review approval and that the natural vegetation in this area not be destroyed beyond the minimum necessary to accommodate the proposed development. Policy 5.1.2.5.: The Town shall require that development of the FIND property to receive site plan review approval and that the native vegetation on the property not be disturbed beyond the minimum necessary to accommodate the proposed development. Policy 5.1.2.6.: The Town shall determine the best public use for the Town —owned property located on Hidden Harbor Road. Any development of the site shall maintain a majority of the native vegetation. Objective 5.1.3.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, land development regulations which provide for the maintenance or improvement of water quality in the Intracoastal Waterway (ICWW). Policy 5.1.3.1.: The Town shall maintain its current drainage standards for new development and redevelopment for the on -site retention for a 24 -hour, 3 -year storm event. The Town shall maintain or strengthen current ordinances which require fl-re ite retention of the direct one ineh of runoff new development and trajor Policy 5.1.3.2.: The Town shall maintain or strengthen existing ordinances which prohibit the location of retention areas above septic drainfields. Policy 5.1.3.3.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, open area setbacks shall be required adjacent to the ICWW. 5 -4 Policy 5.1.3.4.: No structures which constrict water circulation in the ICWW shall be permitted. Policy 5.1.3.5.: In order to reduce non —point source pollutant loading's and improve the functioning of the Town's drainage system, dumping of debris of any kind, including yard clippings and trimmings, into drainage ditches, stormwater control structures, and the ICWW shall be prohibited. Policy 5.1.3.6.: In order to reduce the impact of effluent from sewage treatment plants on the Atlantic Ocean or ICWW, sewage treatment facilities and septic tanks with a history of treatment standards violations or failures shall have highest priority in connecting to new or improved facilities. Objective 5.1.4.: In accordance with Section 163.3202, the Town shall review, and revise where necessary, land development regulations which incorporate alternate methods of shoreline stabilization, other than seawalls, and which protect beach and dune systems. Policy 5.1.4.1.: Stabilization methods using native vegetation in conjunction with geotextiles or geogrids shall be given preference over rip—rap where practical. Policy 5.1.4.2.: Rip —rap, if used, will only be placed on uplands unless approved as habitat improvement by the DNR, DER, and COE. Policy 5.1.4.3.: Construction seaward of the coastal construction control line shall be prohibited, including construction of coastal or shore protection structures, except as approved by the state and for public access or resource restoration purposes. Policy 5.1.4.4.: Vehicular traffic on the beach and on primary dunes shall be prohibited. Policy 5.1.4.5.: The Town shall support beach renourishment projects recommended by the U.S. Army Corps of Engineers, and will act as local sponsor if necessary. Policy 5.1.4.6.: The Town shall encourage the Florida Department of Natural Resources to re— establish the coastal construction control line every five years. Policy 5.1.4.7.: All development east of State Road A -1 —A shall limit regrading of natural slopes to the minimum necessary to accommodate the proposed development. Objective 5.1.5.: The Town shall not experience a loss of historic resources on town —owned property, and/state development regulations providing for the protection, preservation and reuse of public and private historic resources. 5 -5 Policy 5.1.5.1.: As an alternative to preserving historic or archaeological sites, the owner may allow excavation of the site by the Division of Historic Resources or their approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site. Policy 5.1.5.2.: In the case of historic or archaeological sites, vegetation removal shall not be permitted unless the vegetation to be removed is a part of the bona fide scientific excavation, or is a part of an approved development plan. Policy 5.1.5.3.: The Town shall accept donations of historic or archaeological sites. Policy 5.1.5.4.: Prior to 2012, the Town shall draft a local historic preservation ordinance, which will identify applicable properties and regulations regarding the development or redevelopment of the site. - • . . . . . . .. . . • _ VFW, • .: • .•:: - - - : - : - :• - i- :•• :• Objective 5.1.6.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, land development regulations which ensure that building and development activities are carried out in a manner which minimizes the danger to life and property from hurricanes and floods and which direct population away from coastal high hazard areas. Policy 5.1.6.1.: All Federal Emergency Management Agency N' zones and all =eas east of th�- element. eoast eonstraction eontroiEine shall be designated as eoastai if igh f iazard Areas. These areas are depieted on Figure 5-1 of this All areas of the Town located below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surge from Hurricanes (SLOSH) computerized storm surge model shall be designated as a Coastal High- Hazard Area. Policy 5.1.6.2.: New sanitary sewer facilities in the hurricane vulnerability zone shall be flood — proofed to prevent inflow, and new septic tanks shall be fitted with back flow preventors. 5 -6 Policy 5.1.6.3.: Town — funded or supported public facilities shall not be built in the coastal high— hazard area, unless the facility is for public access, resource restoration, or required to ensure the health, safety, and welfare of its residents. Policy 5.1.6.4.: The Town shall cooperate with surrounding local governments to provide immediate response to post — hurricane situations. Policy 5.1.6.5.: New development and redevelopment within A and V flood zones as designated by the Federal Emergency Management Agency shall employ building construction techniques which are consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program. Policy 5.1.6.6.: Land use intensities within the coastal area shall be consistent with: a. Directing population away from Coastal high hazard areas; b. The Future Land Use Element and Map; c. The hazard mitigation annex of the local peacetime emergency management plan and the Treasure Coast Hurricane Evacuation Study; d. Vested development rights; e. Those which maintain an acceptable time period for emergency evacuation; and f. The goals, objectives and policies of this element and the Conservation Element concerning the protection and preservation of natural resources. Policy 5.1.6.7.: The Town public works department shall institute an annual pre — hurricane tree trimming program in which a survey of windthrown hazards is conducted and appropriate trees are removed or trimmed which are in public property. Objective 5.1.7.: The Town shall cooperate with the county to maintain county /regional desired hurricane evacuation times. Policy 5.1.7.1.: The Town shall coordinate all hurricane evacuations with the county and adjacent municipalities. Policy 5.1.7.2.: The Town shall revisit the hurricane evacuation with the county and adjacent municipalities after the event. Policy 5.1.7.3.: The Town shall encourage all residents to evacuate immediately once an evacuation order is issued. Policy 5.1.7.4.: The Town shall continue to annually notify residents of hurricane evacuation 5 -7 procedures and shelters and procedures for those with special needs such as the handicapped and the infirmed. Policy 5.1.7.5.: The Town shall continue to curtail future population growth through the limiting of lands available for high density development. Objective 5.1.8.: The Town shall immediately respond to post— hurricane situations through the implementation of post— disaster response and redevelopment plans to be prepared and adopted by October 1, 1992. Policy 5.1.8.1.: The Town's disaster recovery plan shall be modified comply with the policies under this objective, and shall contain step —by —step details for post— disaster recovery operations. Policy 5.1.8.2.: After a hurricane, but prior to re —entry of the population to evacuated areas, the Town Commission shall meet to hear preliminary damage assessments, appoint a Recovery Task Force, and consider a temporary moratorium on building activities not necessary to the public health, safety and welfare. Policy 5.1.8.3.: The Emergency Management Team shall include the Town Manager, Chief of Police, and at —large liaison members to interface with other jurisdictions. Staff shall be provided by the departments whose directors sit on the Team. The organization of the Team may be modified by the Town Commission as required. Policy 5.1.8.4.: The Recovery Task Force shall: review and decide upon emergency building permits; coordinate with state and federal officials to prepare disaster assistance applications; analyze and recommend to the Town Commission hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan; and recommend amendments to the Comprehensive Plan, Local Peacetime Emergency Plan, and other appropriate policies and procedures. Policy 5.1.8.5.: Immediate repair and cleanup actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities; removal of debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Long —term redevelopment activities shall be postponed until the Recovery Task Force has completed its tasks. Policy 5.1.8.6.: If rebuilt, structures which suffer damage in excess of fifty percent of their appraised value shall be rebuilt to meet all current land development requirements, if applicable, including those enacted since construction and structure. Policy 5.1.8.7.: Structures which suffer repeated damage to pilings, foundations, or W, loadbearing walls shall be required to rebuild landward of their current location or to modify the structure to delete the areas most prone to damage. Policy 5.1.8.8.: Repair or reconstruction of seawalls must utilize the policies of Objective 7.1.4. of this Comprehensive Plan where possible. Policy 5.1.8.9.: The Recovery Task Force shall review all interagency hazard mitigation reports as they are produced and make recommendations for amendments to the Comprehensive Plan accordingly. Objective 5.1.9.: The existing level of beach access and supporting facilities (parking) shall be maintained. • • � ■ u�•■■ toll is• 1: rseer. �R�1�a����u��rw�t i��an► is iiir. � ►��r:.t��a�n�•�•t�ur.�uur.�uiti ■ _ • ■ _ ni��u�nni�•i.�• �n� #ni�iai�u��.wis��trt�►��o�iliw Policy 5+99.4. a The Town supports the nearby Gulfstream Beach Park and Delray Municipal Beach and discourages any activity which might limit access to this park. Objective 5.1.10.: The level of service standards adopted for the entire Town is the Capital Improvements Element and other elements of this Comprehensive Plan shall be applied to the traffic circulation and infrastructure facilities of the coastal area whenever development orders or permits are requested the provision of infrastructure in the coastal area shall take place in a manner which is financially acceptable, ensures the health, safety, and welfare of the residents, and limits the use of public funds in high— hazard coastal areas. Policy 5.1.10.1.: Public funds shall not be used for infrastructure expansion or improvements in high— hazard coastal areas unless such funds are necessary to: a. Provide services to existing development (structures approved for development prior to the implementation of this policy); b. Provide adequate evacuation in the event of emergency; or c. Provide for recreational needs and other appropriate water dependent uses. Policy 5.1.10.2.: The level of service standards established elsewhere in this Comprehensive Plan for traffic circulation, sanitary sewer, solid waste, drainage, potable water, and recreation are hereby established and adopted for all coastal area facilities of the same type. 5 -9 Policy 5.1.10.3.: The level of service standards adopted elsewhere in this Comprehensive Plan for facilities in the coastal area and the additional standards under this objective shall be applied whenever development orders or permits are requested. Policy 5.1.10.4.: Beach renourishment projects shall meet the following level of service standards: Beach fill must include a protective berm high enough to prevent flooding by a ten —year storm event, and 2. Beach renourishment projects shall have a design life of at least five years. Policy 5.1.10.5.: All proposed developments east of State Road AlA shall demonstrate that they will not affect a renourished beach in a manner which would reduce the level of service provided by the renourished beach. Policy 5.1.10.6.: New developments which would impact existing facilities by reducing the level of service below adopted levels, and which are to be built prior to the availability of scheduled facility improvements shall pay for such impacts or shall provide their own facilities constructed to agency standards. 5 -10 I r r � cn �- = O I m m m CO =y° R1 fi M v m W W "' -� 0 m m= � v = ?_ Z > o = rr O n n r (n m� G) v c 0> ! _ z D + I, w y Oo 1 �0 (D ?� ;a W D z N m i ;• I G) m nc O D ' D m o I! ' D n I•z — r �~ Y r: i O I 1 j; I - p ° r 1 a ZD CL 0 to rn r -n r � C f I 0 (Q a Conservation Element IV. GOALS, OBJECTIVES, AND POLICIES GOAL6.1: THE NATURAL RESOURCES OF THE TOWN OF GULF STREAM SHALL BE PRESERVED OR MANAGED IN A MANNER WHICH MAXIMIZES THEIR FUNCTIONS AND VALUES. Objective 6.1.1.: Air quality in the Town shall not violate standards set by the of Envirojujinental Regulation (DE Florida Department of Environmental Protection (FDEP). Policy 6.1.1.1.: The Town shall periodically compare existing air quality with EWP FDEP standards. If the FDEP standards are exceeded, Town shall utilize fuel- saving techniques such as promoting car pooling, public transit, bicycling, and walking as means to improving air quality. Objective 6.1.2.: Surface and sub — surface water resources in the Town shall be managed in a manner which ensures their viability as natural habitats and their utility for recreational and potable water uses. Policy 6.1.2.1.; In accordance with Section 163.3202, F.S., the Town shall review and revise, where necessary, the drainage regulations to ensure best management practices are required. Policy 6.1.2.2.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, land development regulations to ensure that all new development and redevelopment is consistent with the Palm Beach County Wetlands Protection Ordinance. - - - - - - -- - - - -- - - - -- - - - - - - - - - - -- -- - - . . - - M==15i VJ Ill Policy 6.1.2.3.: The Town shall cooperate with Palm Beach County, the Florida DER, DNR, SFWMD, and the U.S. Army Corps of Engineering to ensure compliance with dredge and fill permitting processes. 6 -1 Objective 6.1.3.: In accordance with Section 163.3202, F.S., the Town shall review, and revise where necessary, land development regulations for the identification, management, and protection of the natural functions of existing soils, all ecological communities and wildlife, especially endangered and rare species. Policy 6.1.3.1.: All nuisance and invasive exotic vegetation shall be removed at the time of development or redevelopment of a site. Policy 6.1.3.2.: All endangered and threatened plant and animal populations shall be protected and all habitat of significant value to existing populations of endangered and threatened species shall be preserved and protected. Policy 6.1.3.3.: The Town shall periodically review boat speeds in the ICWW with U.S. Coast Guard and Florida Marine Patrol to ensure manatees are adequately protected. Policy 6.1.3.4.: The Town shall require that all new development east of State Road A -1 —A to receive site plan review approval and that the native vegetation in the area not be disturbed beyond the minimum necessary to accommodate the proposed development in order to preserve the potential wildlife habitat. Policy 6.1.3.5.: The Town shall require that development of the FIND property to receive site plan review approval and that the native vegetation on the property not be disturbed beyond the minimum necessary to accommodate the proposed development in order to preserve the area for potential wildlife habitat. • - - - - -- - - -- - - -- - -- -- - -- - - - - - - - - - . =BIN .: :. .: Policy 6.1.3.6.: Mining within the Town shall be prohibited. Policy 6.1.3.7.: All development east of State Road A -1 —A shall limit regrading of natural slopes to the minimum necessary to accommodate the proposed development. Objective 6.1.4.: In accordance with Section 163.3202, F.S., the Town shall review, and revise when necessary, land development regulations which provide for the maintenance or improvement of water quality in the Intracoastal Waterway (ICWW) and Atlantic Ocean. 6 -2 Policy 6.1.4.1.: The Town shall maintain its current drainage standards Town shall maintain or strength eurrent ordinances which require for new development and redevelopment for the on —site retention for a 24 -hour, 3 -year storm event. of the direct Me ineh of rano Policy 6.1.4.2.: The Town shall maintain or strengthen existing ordinances which prohibit the location of retention areas above septic drainfields. Policy 6.1.4.3.: Construction in coastal areas will be consistent with the Palm Beach County Coastal Construction and Excavation Setback Ordinance. Policy 6.1.4.4.: No structures which constrict water circulation in the ICWW shall be permitted. Policy 6.1.4.5.: In order to reduce non —point source pollutant loadings and improve the functioning of the Town's drainage system, dumping of debris of any kind, including yard clippings and trimmings, into drainage ditches, stormwater control structures, and the ICWW shall be prohibited. Policy 6.1.4.6.: In order to reduce the impact of effluent from sewage treatment plants on the Atlantic Ocean or ICWW, sewage treatment facilities and septic tanks with a history of treatment standards violations or failures shall have highest priority in connecting to new improved facilities. Objective 6.1.5: The Town shall investigate and implement strategies for the reduction of the use of potable water for irrigation within the Town. Policy 6.1.5.1.: In accordance with Section 163.3202, F.S., the Town shall revise maintain land development regulations to include preferences for the use of xeric landscaping. Policy 6.1.5.2.: In accordance with Section 163.3202, F.S., the Town shall, through the building and development review process, encourage efficient Landscape irrigation and water reducing techni revise land development regulations to include requirements fbr the use of soil water tensiometers, or other similar devises, in all irrigation systems. Policy 6.1.5.3.: The Town shall promote methods for the reduction of potable water use for 6 -3 - - -- - -- - - - -- - - - -- -- - - - - -- -- - -- - - -- - - -- - - -- - - -- - - - - - - - - - - -- - - - - - -- - -- -- - - .. ... . . . . . . AN . . . . :. : ... - --- - WIN - ;- Objective 6.1.5: The Town shall investigate and implement strategies for the reduction of the use of potable water for irrigation within the Town. Policy 6.1.5.1.: In accordance with Section 163.3202, F.S., the Town shall revise maintain land development regulations to include preferences for the use of xeric landscaping. Policy 6.1.5.2.: In accordance with Section 163.3202, F.S., the Town shall, through the building and development review process, encourage efficient Landscape irrigation and water reducing techni revise land development regulations to include requirements fbr the use of soil water tensiometers, or other similar devises, in all irrigation systems. Policy 6.1.5.3.: The Town shall promote methods for the reduction of potable water use for 6 -3 irrigation by existing development. . Such methods shall include, but not limited to adopting maxim-am wafer allocations usage, f6r each reasidenee, monetary disineenti-ves for high potable water wastewater effluent reuse from local package treatment plants, rainwater collection and reuse, and drip irrigation. ai?d the retroaefive enforeement of the requirements put forth in Poheies 4.Q. 1.3. 1. and 4.Q. 1.3.2. o this sub—efernent. :A Recreation and Open Space Element Data and Analysis Update The Town of Gulf Stream has approximately 178 acres of recreation and open space area consisting of the Gulf Stream Golf Club, The Little Club, and the Gulf Stream Bath and Tennis Club. These clubs are all private and include a combination of golf, tennis and swimming facilities. Public beach access is available at the eastern end of Sea Road with public parking available at the Town Hall and at the County's Gulfstream Park located immediately north of the Town. Additionally, the City of Delray Beach has extensive public access beaches just south of Town. An 8.41 acre site located on the west side of the Intracoastal Waterway, north of Place Au Soleil is owned by the Gulf Stream Golf Club and is zoned for Outdoor Recreation. This would add to the Town's available recreation facilities were it to be improved under its current zoning. The existing facilities meet the demands of current residents. Since the vacant developable land is minimal, the available parks and recreation facilities are more than adequate for existing and future populations, as indicated in the table below. There are no capital improvement projects that would incur the expenditure of Town funds projected for either the 5 or 10 year planning periods. Level of Service Analysis LOS \Year 2009 2014 2019 2024 2029 Population 754 772 788 801 810 Parks and Recreation, 0.2 150.8 ac 154.4 ac 157.6 ac 16.02 ac 162 ac acres per resident 178 acres of public and private recreational facilities available 7 -1 Recreation and Open Space Element III. GOALS, OBJECTIVES, AND POLICIES GOAL 7.1: EXISTING RECREATIONAL FACILITIES WITHIN THE TOWN OF GULF STREAM SHALL MEET THE DEMANDS OF CURRENT AND PROJECTED RESIDENTS IN AN EFFICIENT MANNER. Objective 7.1.1.: The public's access to identified recreation sites shall be ensured through coordination of public and private resources. Policy 7.1.1.1.: The landscaping and open space requirements of the present land development codes shall be maintained. Policy 7.1.1.2.: The Gulf Stream Golf Club, the Little Club and the Gulf Stream Bath and Tennis Club shall be designated as Recreation by the Future Land Use Map. Policy 7.1.1.3.: The current standard of approximately 34.6% 35.7% of the total land area of Gulf Stream being designated as Recreation by the Future Land Use Map or X5.23 acres combined of public and private developed recreation facilities per permanent resident shall be maintained as a minimum level of service. Policy 7.1.1.4.: The Town recognizes and supports the efforts made by the providers of existing recreation amenities. Policy 7.1.1.5.: The current level of beach access shall be maintained. Objective 7.1.2.: Active and passive recreation areas shall be provided by a coordinated effort involving the Town, county, school board, state and private sector; and the Town shall establish a level of service standard for all publicly —owned land available for active or passive recreational use to be used for coordinating the availability of such land with other governmental agencies and when determining the long range recreational and open space needs of Town residents. Policy 7.1.2.1.: By 1992, The Town shall maintain acrd an inventory of all parks within the Town and within one mile of the Town. Such inventory shall include the agency owning the park, the agency responsible for operating and maintaining the park, the primary use of the park site, and the active and passive recreational facilities available at the park. Policy 7.1.2.2.: Begirming in the year 1992-, The Town shall coordinate with the county, school board, and state to discuss improvements to the park facilities owned by these agencies. 7 -2 Policy 7.1.2.3.: By the year f .. the needs and desires of Town residents fbr MMJN.Mvrovements. Objective 7.1.3.: New development shall be required to meet the level of service standard set forth in this element for the provision active and passive recreation areas. Policy 7.1.3.1.: Land development regulations shall be adopted maintained which define recreation, parks and open space and which require new subdivisions and large developments to provide appropriate public recreation, parks, and open space facilities, consistent with the level of service standard given in Policy 7.1.1.3. The required parks and recreation facilities shall be in place or under construction no later than one year after the issuance of first certificate of occupancy for the subject development. 7 -3 @I Min - - DJRVAIM 11111 -- - 111111111111111 -- 11111111111111 -- - - - - - - -- - - - - - - - - - - - - - - - - - -- - 7 -3 Intergovernmental Coordination Element III. GOALS, OBJECTIVES, AND POLICIES GOAL 8.1: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PERTINENT PUBLIC AND QUASI— PUBLIC ENTITIES SO TO BEST MAINTAIN GULF STREAM'S QUALITY OF LIFE AND EFFICHENf SUSTAINABLE USE OF RESOURCES. Objective 8.1.1.: Establish Maintain formal specific methods of coordination with adjacent municipalities, the county, and with tire state and federal agencies who have permitting authority in Gulf Stream. Policy 8.1.1.1.: The Town, in conjunction with the Palm Beach Countywide Intergovernmental Coordination Program, shall be responsible for ensuring an effective intergovernmental coordination program. Policy 8.1.1.2.: Interlocal agreements on development policies shall be established, where fen sihIe. Policy 8.1.1.3.: Development shall adhere to the guidelines, policies, and provisions of all applicable interlocal agreements. Policy 8.1.1.4.: Town commissioners shall be available to participate in coordination activities with other public, quasi — public and private entities. Policy 8.1.1.5.: The Town shall invite representatives of other municipalities and the county to appoint ad hoc representatives to Gulf Stream's various boards or committees. Policy 8.1.1.6.: Coordinate with the Intergovernmental Plan Amendment Review Committee (IPARC) to Provide formal written notification to adjacent municipalities and the county announcing the review of proposed Comprehensive Plan amendments. Policy 8.1.1.6-.7: The Town shall provide formal written notification to adjacent municipalities and the county announcing the review of proposed Zoning Map amendments if the subject site is within one mile or within the annexation area of a municipality. Policy 8.1.1.7-8.: Use Treasure eoast Regional Piaming eouneil the Issues Coordination F for mediation purposes when issues cannot be solved on the local level. Policy 8.1.1.$ 9.: Designate a formal liaison with state and federal agencies that have permitting authority in Gulf Stream. Policy 8.1.1.10.: The Town shall participate in coordinating the management of estuaries that fall under the jurisdiction of the more than oi Town and another local government. Policy 8.1.1.11.: The Town of Gulf Stream shall pursue interlocal agreements with local governments that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "Joint Planning Areas" pursuant to Chapter 163.317 1, F. S. The Town shall encourage joint planning agreements that include as many of the following planning considerations as are applicable. Additional items could be addressed at the concurrence of both parties, including: a. Cooperative planning and review of land development activities within areas covered by the agreement; b. Specification of service delivery; c. Funding and cost — sharing issues within Joint Planning Areas; and d. Enforcement /implementation. jBrought over from Conservation Element) Policy 8.1.1.12.: The Town shall request the County to convene an Intracoastal Waterway (ICWW) Planning Task Force which shall include representatives from the state, regional planning council, county, and each municipality located on the ICWW to discuss those methods to be incorporated into the comprehensive plans and management plans of each organization for the protection of the ICWW and Atlantic Ocean flora, fauna, and water quality and to identify those areas most suited for the development of public access, water — dependent, and water — related uses. Objective 8.1.2.: By i992—,The Town shall implement a written procedure to request coordination with the comprehensive plans of adjacent municipalities, the county and other units of local government such as the school board, who provide services but do not have the regulatory authority over the use of land through IPARC and the Treasure Coast Regional Planning Council (TCRPC). The Town shall review its Comprehensive Plan optintal coordination with plans prepared by these other entities the School Board, adjacent ninnicipalities, and other pertinent local governments whose decisions may affect the residents of Gulf Stream. Policy 8.1.2.1.: The Town shall designate a person or board to determine which entity's plans need to be reviewed for coordination and to conduct this review. Policy 8.1.2.2.: The Town shall file a written request with each adjacent municipality, the county and the selected entities to receive and review copies of all proposed comprehensive plans or amendments that are adjacent to the Town. Policy 8.1.2.3.: The Town shall update its Water Supply Plan within 18 months of the update the South Florida Water Management District's approved update to its Lower East Coast Regional Water Supply Plan. Objective 8.1.3.: X93; tThe Town shall ensure coordination in establishing level of service standards for public facilities which affect surrounding municipalities and counties with the appropriate state, regional, or local entity having operational and /or maintenance responsibility for such facilities. Policy 8.1.3.1.: The Town shall designate a person or board to coordinate with the appropriate agencies in establishing level of service standards for public facilities. Policy 8.1.3.2.: The Town shall coordinate with the Towns of Briny Breeze and Ocean Ridge and the City of Delray Beach regarding future activities along State Road A l A (Ocean Boulevard). Policy 8.1.3.3.: A representative of the Town of Gulf Stream shall meet annually with the City of Delray Beach to discuss potable water related issues, including the development of a wastewater reuse or gray —water system and water conservation efforts. Objective 8.1.4.: The Town of Gulf Stream shall participate in intergovernmental coordination process to ennsure full consideration is given to the impacts of proposed Comprehensive Plan amendments and future developments on the ability of Town and adjacent local governments to implement their Comprehensive Plans, and to address area wide land use needs and rp ovide justification for amendments. Policy 8.1.4 1.: The Town shall participate in the Palm Beach IPARC process and shall cooperate with the Treasure Coast Regional Planning Council and all other local governments in a voluntary dispute resolution process for the purpose of facilitating intergovernmental coordination regarding Comprehensive Plans or amendments. The IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinate Review Interlocal Agreement, effective date October 1, 1993, and shall include results and any written determination from the IPARC process as data analysis to DCA with proposed and adopted Comprehensive Plan amendments. Policy 8.1.4.2.: The Town shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi— Jurisdiction Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the sitting of facilities with countywide significance and locally unwanted land uses. ON Capital Improvement Element Data and Analysis Update As indicated in this document, the Town of Gulf Stream is a small residential community that is considered to be almost entirely built out. Within the Town, there are 34.89 acres of vacant land, scattered throughout the Town. The great majority of the vacant land is held by government agencies and is not developable under its current zoning. There is only 2.91 acres of developable land left in the Town, all of which is within lots zoned for use as single family. No commercial or industrial future land uses exist or are projected within the Town. Based on the analysis of the existing vacant parcels within the Town combined with the population and household statistics from the U.S. Census and the Shimberg Center for Affordable Housing, Rinker School of Building Construction, College of Design, Construction and Planning at the University of Florida, the Town of Gulf Stream is essentially built -out and will experience minor fluctuations in populations. Because of the lack of vacant land, the constrained nature of the Town's main roadway, and the current quality state of municipal facilities and services, limited impact to the Town's levels of service are anticipated during the next 20 years. As a result, the Town's Capital Improvement Budget for the next five years do not introduce any new capital improvements, but it does provide for the continued maintenance of the town's facilities. Below is an analysis of the impact of the Town's projected populated on the adopted levels of service. Level of Service Analysis LOS \Year 2009 2014 2019 2024 2029 Population 754 772 788 801 810 Potable Water, 979 gallons per 738,166 755,788 771,452 784,179 792,990 capita per day gal /day gal /day gal /day gal /day gal /day Sanitary Sewer, 160 gpcpd* 120,640 123,520 126,080 128,160 129,600 gal /day gal /day gal /day gal /day gal /day Parks and Recreation, 0.2 150.8 ac 154.4 ac 157.6 ac 16.02 ac 162 ac acres per resident 178 acres of public and private recreational facilities available Solid Waste, 7.13 lbs /per capita per day for domestic waste; 171bs /pcpd for yard waste 5,376 lbs /day 12,818 lbs /day 5,504 lbs /day 13,124 lbs /day 5,618 lbs /day 13,396 lbs /day 5,711 lbs /day 13,617 lbs /day 5,775 lbs /day 13,770 lbs /day Drainage, 24 hour, 3 year Requirement placed on all development and event redevelopment within the Town. Traffic, State Road A -1 -A (Ocean Boulevard),which bisects the Urban Collector - LOS "D"; eastern portion of Town in a north -south direction, is a Minor Arterial LOS "D" constrained roadway, limited by existing conditions to a maximum of two lanes. This constrained roadway and also identified as a shared facility, and marked with appropriate signage, for vehicular and bicycle use. The other arterial roadway within the municipal limits is U.S. Highway One (Federal Highway).These State roadways which run through Town are generally operating below the adopted level of service standard of "D," * Sanitary Sewer service in the Town is provided through private septic systems, package plants and septic tanks. The LOS analysis applies to all systems. Capital Improvements Element III. GOALS, OBJECTIVES, AND POLICIES GOAL 9.1: THE TOWN OF GULF STREAM SHALL REeOGNIZE AND IMPLEMENT SOUND FISCAL POLICIES IN IDENTIFYING AND PROVIDING PUBLIC FACILITIES TO ADDRESS THE NEEDS OF ITS RESIDENTS. FISCAL POLICIES MUST PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES AND PROMOTE SUSTAINABLE, EFFICIENT DEVELOPMENT AND REDEVELOPMENT. Objective 9.1.1.: , t The Town shall consult the Capital Improvements Element prior to approving any capital improvements financing intended to expand or maintain current facilities or replace obsolete or worn —out infrastructure. Policy 9.1.1.1.: Prior to allocating capital expenditures for projects exceeding $50,000.00, such projects shall be deemed consistent with the goals, objectives, and policies with this Comprehensive Plan. (relocated from elsewhere in this Element) Policy 9.1.1. +2.: When reviewing proposed capital improvement expenditures, the following criteria will be used to determine consistency with this Comprehensive Plan: a. The improvement is consistent with the appropriate applicable element of the Comprehensive Plan in addition to the Capital Improvements Element; b. If elimination of public hazards are addressed; c. Deficiencies in the current system are addressed; d. The impact on the local budget is assessed; e. Locational standards are addressed including capability with surrounding land uses; f. Whether the improvement is intended to accommodate new development or redevelopment; g. The financial feasibility of the proposed improvement; and h. Consistency with state and regional policies, such as but not limited to the South Florida Water Management District, the Treasure Coast Regional Planning Council, and Palm Beach County. Policy 9.1.113: Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: a. Whether the project is financially feasible and is needed to protect the public health and safety, to fulfill the Town's legal commitment to provide facilities and services, or to 9 -3 preserve or achieve full use of existing facilities to eliminate existing capacity deficits. b Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development. c. Whether the project represents a logical extension of facilities and services. d. Whether the project is consistent with the plans of governmental agencies that provide pubic facilities within the Town's jurisdiction. Policy 9.1.1.4.: The Town shall continue to pursue federal, state and all other applicable grants for the funding of a potable water and /or sanitary wastewater treatment facility within the iurisdiction. Objective 9.1.2: The Town shall adopt a Capital Improvements Program covering at least 5 fiscal years and shall adopt a Capital Budget on an annual basis as part of the Town's budgeting _ rp ocess• Policy 9.1.2.1.: The Town shall include in the Five -Year Schedule of Capital Improvements all publicly funded projects which are over $50,000.00 necessary to ensure that adopted level -of- service standards are achieved and maintained. Improvements may include developer - funded for which the Town has no fiscal responsibility. For capital improvements that will be privately funded by the developer, financial feasibility shall be demonstrated by being guaranteed in an enforceable development agreement, interlocal agreement, or other enforceable agreement. Policy 9.1.2.2.: The Schedule of Capital Improvements in Table 9A is hereby adopted as the Town's Five -Year Capital Improvement Plan. No specific Capital Improvements are anticipated within the five-year period. Funding for Maintenance activities is from the Town's Generating Operating Revenue. Funding amounts are estimates. If additional Capital Improvement work is anticipated, the above Table 9A shall be updated to reflect the planning and funding of such activities M, Table 9A Town of Gulf Stream Five -Year Capital Improvement Plan Improvement 2009/20010 20010/2011 2011/2012 2012/2013 2013/2014 Maintenance $180,000 $180,000 $180,000 $180,000 $180,000 of Town facilities No specific Capital Improvements are anticipated within the five-year period. Funding for Maintenance activities is from the Town's Generating Operating Revenue. Funding amounts are estimates. If additional Capital Improvement work is anticipated, the above Table 9A shall be updated to reflect the planning and funding of such activities M, Policy 9.1.2.3.: This element and the Five -Year Schedule of Capital Improvements shall be reviewed each year during preparation of the Annual Capital Budget. The review shall include an analysis of the Town's financial condition and an updated projection of revenues which takes into account any changes in potential revenue sources that had been anticipated to fund scheduled improvements. In addition, it will incorporate any new capital improvement needs that have arisen since the last update and shall include a discussion of any change in the prioritization of the proposed improvements Policy 9.1.x.2.4.: Prior to the adoption of the Annual Capital Budget, the Town Commission £ouncil will review all existing and potential revenue sources and take the necessary actions to balance budget. Policy 9.l.+-.2-.2.5..: The following criteria shall be applied during the preparation of each annual budget for the Town: a. The determination of overall revenue bonds as a percent of total debt; b. That maximum total debt does not exceed debt service revenue; c. The maximum ratio of outstanding capital indebtedness to the property taxes received by the Town does not exceed 1:1; and d. Limitation on use of revenue bonds as a percent of total debt. Objective 9.1.23.: Subsequent to adoption of this Comprehensive Plan all public expenditures within high— hazard coastal areas of the Town shall be first reviewed for consistency with this overall Comprehensive Plan and determined to be consistent. Policy 9.1.23.1: The Town will limit the expenditures of public funds in high hazard coastal areas by allowing only new low density residential development in or near such zones. such projeets shali be deemed consistent with the goals, objeeives, and .: eomprehensive Plan. (moved to Ii Objective 9.134.: Future development shall bear a proportionate cost of certain facility improvements necessitated by development in order to maintain adopted LOS standards. Policy 9.1.34.1.: The Town hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. Traffic Circulation a) Collection Roadways — Level of service standard De. b) Arterial Roadway — Level of service standard De. Sanitary Sewer hittie elub Package waste water treatment plan 9 -5 - - • A�WWALM Ire Mill Mil'i a) Average annual flow: 9-5 160 gallons per capita per day. IME • 1 Ja III I 11"MVnINIEW.1me - - -- - -- -- - -- -- - -- - - - -- - - . Solid Waste Domestic Solid Waste — 7.9813 pounds per capita per da 6.82 pounds per eapita per da Yard Trash — 17.00 pounds per capital per day Drainage 24 hour, 3 year event Potable Water Average annual — +,-02+-279 gallons per capita per day Peak 24 hour — f 1500 gallons per capita per day Nfinim-arn potable pressure level — 40 p.s.i. Recreation and Open Space 0.255 acres combined of public and private recreation facilities per permanent residents. .,