Town Council Workshop / Special Meeting




       TOWN OF LOXAHATCHEE GROVES TOWN COUNCIL WORKSHOP / SPECIAL MEETING MINUTES TOWN HALL COUNCIL CHAMBERS – 155 F. Road, Loxahatchee Groves, FL 33470 Tuesday, June 18, 2024 TOWN COUNCIL AGENDA ITEMS CALL TO ORDER Mayor Kane called the meeting to order at 6:21 PM. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE Mayor Kane led the Pledge of Allegiance followed by a moment of silence. ROLL CALL Mayor Anita Kane, Vice Mayor Margaret Herzog, Councilmember Robert Shorr, Councilmember Laura Danowski, Councilmember Phillis Maniglia, Town Attorney Tanya Earley, Project Coordinator Jeff Kurtz, Planner Jim Fleischman and Kaitlyn Forbes, and Town Clerk Valerie Oakes were present. ADDITIONS, DELETIONS AND MODIFICATIONS Mayor Kane called for any additions, deletions, modifications or approval of the agenda. MOTION: COUNCILMEMBER DANOWSKI/VICE MAYOR HERZOG MOVED TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY (5-0). COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS Town Clerk Oakes stated she received an email from Fran Holden, hereto attached as Exhibit A. Public Comment received from Cassie Suchy. 


       Town Council Workshop Special Meeting Minutes June 18, 2024 SPECIAL MEETING CONSENT AGENDA Councilmember Shorr requested to pull Consent Agenda Item No. 3. Councilmember Danowski requested to pull Consent Agenda Item No. 2. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE CONSENT AGENDA, WITH THE REMOVAL OF ITEMS NO. 2 AND 3 FOR DISCUSSION. MOTION PASSED UNANIMOUSLY (5-0). 1. Approval of Resolution No. 2024-36: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, PROVIDING FOR THE RECREATION OF THE "LOXAHATCHEE GROVES AGRITOURISM COMMITTEE" TO IDENTIFY POTENTIAL SUBSTANTIAL OFFSITE IMPACTS FROM AGRITOURISM ACTIVITIES AND DEVELOP MITIGATION METHODS FOR SUBSTANTIAL OFFSITE IMPACTS; PROVIDING FOR DUTIES OF THE COMMITTEE; PROVIDING FOR COMPLIANCE WITH FLORIDA'S SUNSHINE LAW AND PUBLIC RECORDS LAW; PROVIDING FOR PROCEDURAL MATTERS OF THE COMMITTEE; PROVIDING FOR SUNSETTING OF THE COMMITTEE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE CONSENT AGENDA, WITH THE REMOVAL OF ITEMS NO. 2 AND 3 FOR DISCUSSION. MOTION PASSED UNANIMOUSLY (5-0). 2. Approval of Resolution No. 2024-37: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPOINTING THE MEMBERS OF THE LOXAHATCHEE GROVES AGRITOURISM COMMITTEE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. Councilmember Danowski requested to pull Consent Agenda Item No. 2 for discussion. MOTION: COUNCILMEMBER SHORR/COUNCILMEMBER MANIGLIA MOVED TO APPROVE RESOLUTION 2024-37. MOTION PASSED (4-1 WITH COUNCILMEMBER DANOWSKI DISSENTING). 3. Approval of Resolution No. 2024-38: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPOINTING THE MEMBERS OF THE ROADWAY, EQUESTRIAN TRAILS AND GREENWAY ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. Town of Loxahatchee Groves Town Council Workshop / Special Meeting June 18, 2024 Page No. 3 Councilmember Shorr requested to remove Consent Agenda Item No. 3 for discussion. 2 


       Town Council Workshop Special Meeting Minutes June 18, 2024 MOTION: COUNCILMEMBER SHORR/VICE MAYOR HERZOG MOVED TO APPROVE RESOLUTION 2024-38 WITH THE AMENDMENTS TO REMOVE THE TWO ALTERNATES AND ADDING FRANK SCHIOLA AS COUNCILMEMBER ROBERT SHORR’S APPOINTEE. MOTION PASSED UNANIMOUSLY (5-0). 4. Approval of Resolution No. 2024-39: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, PROVIDING FOR THE RECREATING OF THE UNIFIED LAND DEVELOPMENT CODE REVIEW COMMITTEE; PROVIDING FOR DUTIES OF THE COMMITTEE; PROVIDING FOR METHOD OF APPOINTMENT OF COMMITTEE MEMBERS; PROVIDING FOR COMPLIANCE WITH FLORIDA’S SUNSHINE LAW AND PUBLIC RECORDS LAW; PROVIDING FOR PROCEDURAL MATTERS OF THE COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE CONSENT AGENDA, WITH THE REMOVAL OF ITEMS NO. 2 AND 3 FOR DISCUSSION. MOTION PASSED UNANIMOUSLY (5-0). 5. Approval of Resolution No. 2024-40: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPOINTING THE MEMBERS OF THE UNIFIED LAND DEVELOPMENT CODE REVIEW COMMITTEE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE CONSENT AGENDA, WITH THE REMOVAL OF ITEMS NO. 2 AND 3 FOR DISCUSSION. MOTION PASSED UNANIMOUSLY (5-0). 6. Approval of Resolution No. 2024-41: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOXAHATCHEE GROVES, FLORIDA, APPOINTING FREDERICK HOO AS VOTING MEMBERS OF THE FINANCE AUDIT AND ADVISORY COMMITTEE (FAAC) TO SERVE TERMS OF ONE (1) YEAR, PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. MOTION: COUNCILMEMBER MANIGLIA/VICE MAYOR HERZOG MOVED TO APPROVE CONSENT AGENDA, WITH THE REMOVAL OF ITEMS NO. 2 AND 3 FOR DISCUSSION. MOTION PASSED UNANIMOUSLY (5-0). WORKSHOP MEETING AGENDA 7. Presentation and Discussion of Evaluation and Appraisal Report (EAR) on the Comprehensive Plan A. Brief Summary of Process to Date on Comprehensive Plan 3 


       Town Council Workshop Special Meeting Minutes June 18, 2024 B. Basis for Comprehensive Plan 2024 Data and Analysis C. Revisions to the Evaluation and Appraisal Amendments 2024 Goals, Objectives and Policies D. Summary of Agency Comments and Recommendations for Revisions and Staff Responses Town Council discussion ensued. Public Comment received from Steve Levine, Jasmine Levine, Katie Edwards, and emails received from Katie Edwards, hereto attached as Exhibit B. 8. Discussion on Current Zoning of PUD (if not previously discussed) Town Council discussion ensued. Public Comment received from Cassie Suchy and Jasmine Levine. 9. Presentation and Discussion of Loxahatchee Groves Rural Vista Guidelines Town Council discussion ensued. By consensus, the Rural Vista Guidelines will be sent to the Unified Land Development Committee and the legal team for review. 10. Updates, Items of Interest and Future Agenda Items Town Council and staff discussion ensued. TOWN COUNCILMEMBER COMMENTS Councilmember Laura Danowski stated that since Form 6 was subject to an injunction, there was a request for a $10,000 contribution from each Town, and she questioned whether the Town should evaluate providing financial support toward that initiative. She asked whether the Town wanted to consider contributing toward that effort. She further commented that a resident had suggested appealing to local foundations to adopt the Town for some of its needs. She stated that saving the tree canopy could provide a strong headline for a foundation to support, such as helping the Town of Loxahatchee Groves save the tree canopy. Ms. Danowski questioned how such a proposal could be accomplished, asking whether it would be a grant application or require someone to directly approach foundations for sponsorship. Councilmember Phillis Maniglia stated that she requested and distributed to her fellow Council members a list of all Field, Drainage, and Alteration (FDA) cases currently in Code Enforcement. Ms. Maniglia explained that the list was incomplete, noting that some individuals had not yet been signed off and that several property owners had already paid $81,000 in fines, leaving the property underwater. She expressed concern that residents were being brought before a magistrate for FDA violations even though the Town Engineer had previously stated she did not agree with the FDA code requirements related to filling historic ditches. Ms. Maniglia stated that it was unacceptable 4 


       Town Council Workshop Special Meeting Minutes June 18, 2024 that more than half of the magistrate’s docket consisted of FDA cases. She reminded the Council that she had raised this issue two weeks prior and had expected the Town Engineer to provide further input at the current meeting. Ms. Maniglia emphasized that the matter was time-sensitive, as the current requirements were damaging residents’ land and causing flooding on neighboring properties and that addressing this issue must become a priority for the Town and could no longer be delayed. Councilmember Robert Shorr stated that he had received several phone calls regarding the PBSO contract, with residents expressing appreciation for the Council’s unanimous vote to renew it. He clarified that the decision was made collectively in open session and encouraged residents to use official agendas and minutes on the Town’s website for accurate information, noting that staff and Council were available to assist if needed. Mr. Shorr also addressed the Form 6 injunction, explaining that the requirement was repealed because the justifications provided by Florida Legislators were unfounded. He stated that Form 6 required personal financial details, which he believed posed identity theft risks and had little to do with ethics, whereas Form 1 already disclosed relevant business and property interests. He mentioned he hoped Form 6 would be permanently eliminated, adding that he had deleted his partially completed filing after receiving notice of the injunction and instead filed the Form 1 disclosure. Vice Mayor Marge Herzog asked about researching rural cities that had difficulties with Planned Unit Developments (PUD) to learn from the experiences. She suggested obtaining and sharing a referenced document that Ms. Suchy mentioned, proposing that it be distributed to the Council as a starting point for discussion. She also raised questions about FEMA and whether an additional floodplain ordinance was necessary. Ms. Herzog stated the Town already had a floodplain ordinance but that the Town’s engineers had expressed concerns with it. She requested that further information referenced by Ms. Suchy be shared with her and the Council, emphasizing the importance of ensuring protections for Town residents. Ms. Herzog confirmed that a workshop was scheduled for July 16th and mentioned concerns about a Recreational Vehicle (RV) repair shop near 43rd Street, noting that she had observed RVs in poor condition being towed around Town and requested that staff check whether the business had an active Business Tax Receipt. Mayor Anita Kane stated that this was the first time since she had been on Council and taken over as Mayor that she felt the Council had worked very well together during a meeting. She acknowledged that there had been a few tense moments but emphasized that, for the most part, things were cordial. She expressed that she truly enjoyed sitting on the dais with the Council that evening and thanked everyone. ADJOURNMENT There being no further business before the Council, Councilmember Shorr moved to adjourn the meeting at 9:25 PM, which was seconded by Councilmember Maniglia and passed unanimously (5-0). TOWN OF LOXAHATCHEE GROVES, FLORIDA 5 


       Town Council Workshop Special Meeting Minutes June 18, 2024 ATTEST: Mayor Anita Kane, Seat 3 Town Clerk Vice Mayor Margaret Herzog, Seat 5 Councilmember Phillis Maniglia, Seat 1 Councilmember Laura Danowski, Seat 2 Councilmember Robert Shorr, Seat 4 6 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 EXHIBIT A Valerie Oakes From: Fran Holden <mholdenfam@gmail.com> Sent: Tuesday, June 18, 2024 3:23 PM To: Valerie Oakes Cc: Fran Holden Subject: RVPatk Valerie, Please read this at the meeting this afternoon. Dear council, I do not support this proposed commercial use for several reasons. This “campground” resembles a parking lot. Too many overnight guests creating noise (I hear fireworks), crime and pollution. Let’s limit the commercial use to clean business that closes at 5pm. Consider the traffic at the B road intersection which is already congested and dangerous. Consider the traffic on South B road which we were told would not be a cut through, haha. Why should LG provide RV parking for Wellington and RPB. Something they wouldn’t allow inside their boundaries. They’ve sent one crummy business over to us….BIG mistake. And lastly, we need to deny all use that draws big rigs to our country roads. Yes, there might be asphalt but they are not designed to handle this much use. Please deny this application. Thank you. Fran Holden 2241 B Rd 1 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 EXHIBIT B Valerie Oakes From: Katie Edwards-Walpole <Katie@flfarmlaw.com> Sent: Monday, June 17, 2024 4:15 PM To: Valerie Oakes Cc: Katie Edwards-Walpole Subject: Please add the attached letter to the record Attachments: Loxahatchee Groves 24-01ER.pdf Good afternoon Ms. Oakes, Please add the attached letter to the record for Agenda Item 7 on the June 18, 2024 council meeting/workshop. Thank you, Katie Edwards-Walpole 1 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Revision: 3/14/2024 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Loxahatchee Groves From: Staff Date: March 14, 2024 Subject: Local Government Comprehensive Plan Review Draft Amendment to the Town of Loxahatchee Groves Comprehensive Plan Amendment No. 24-01ER Introduction The Community Planning Act, Chapter 163, Florida Statutes, authorizes the regional planning council to review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from the Town of Loxahatchee Groves was received on February 13, 2024 and contains amendments to the Future Land Use, Transportation, Infrastructure, Conservation, Recreation and Open Space, Housing, Intergovernmental Coordination, and Capital Improvements elements. Additionally, the amendments add new Property Rights and Introduction elements, and delete the Public School Facilities Element. This report includes a summary of the proposed amendments and Council comments. Summary of Proposed Amendments The proposed amendments are based on the Town’s Evaluation and Appraisal Review (EAR). The purpose of the EAR is to determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements since the last time the comprehensive plan was updated and to address issues of local concern. Due to the large amount of materials, the proposed amendments, shown in strikeout and underline format, are available upon request. The following summarizes the proposed amendments. Introduction and Administration This new element provides the general framework for the comprehensive plan; identifies the process for amending the plan; lists requirements in state statutes; and indicates that the Town’s community character goal is a vision statement that, in part, Loxahatchee Groves will protect its natural environment and rural character in the midst of an urbanizing region. Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Property Rights Element Effective July 1, 2021, under Chapter 163, Florida Statutes, each local government is required to adopt and include a Property Rights Element in its comprehensive plan. Inclusion of the property rights element is intended to protect private property rights and to ensure they are considered in local decision-making. This new element must be adopted by the earlier of the date of the local government’s adoption of its next proposed plan amendment, or the date of the next scheduled evaluation and appraisal report. Local governments can adopt their own Property Rights Element, or use the following statement of rights: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. The proposed amendment adopts the new Property Rights Element which is included as Exhibit 2. Future Land Use Element Proposed amendments: • Revise a goal to indicate that the Town will continue to be a rural residential and agricultural community that respects lifestyle choices balanced with changing community needs. • Delete an objective and underlying policies related to maintaining Okeechobee Boulevard as a two-lane road. • Revise policies to indicate: o the land development regulations will regulate the placement, size, and design of signs in the Unified Land Development Code (ULDC); o buffer residential uses from non-residential uses and associated impacts using mechanisms that promote and enhance the rural natural environment and direct future commercial development to the Southern Boulevard corridor; o retaining an agricultural/residential zoning category that includes agritourism uses; o remove a reference to the allowance of home occupation uses that will not degrade the rural character of the area; o the ULDC will regulate accessory dwelling units; o a rural style commercial center includes accessible shopping, recreation, and employment opportunities; o the Commercial Low Use land use designation can include self-storage, childcare, and recreational opportunities; o the Commercial Offices land use designation can include medical and accessory office and childcare facilities; o change the Institutional and Public Facilities land use designation to delete adult day care facilities, congregate living facilities, medical and accessory office, and caretakers’ quarters as allowable uses; 2 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 o prohibit additional big box, gas stations, vehicle/car dealerships and industrial complexes; and o the maximum floor area ratio (FAR) of a self-storage facility may be increased above 0.15 provided that parking, loading, landscaping, building height, setback, and buffer requirements are satisfied. • Revise Policy 1.3.1 to indicate the Town shall adopt architectural guidelines for non- residential development. • Revise Policy 1.5.1 to state that future public schools may be allowed as a permitted use subjective to special exception approval by the Town Council in the Institutional and Public Facilities land use designation, with a preference for upper grade level schools to be located on Southern Boulevard. • Revise 1.6.4 to state the Town will maintain a post-disaster redevelopment plan. • Revise Policy 1.7.3 to state that during the EAR process evaluate the need to designate any housing structures as locally historically significant and in need of special consideration under the provisions and criteria cited in the Standard Housing code (also deleting Policy 1.14.2 as that language is moved to this policy). • Revise Policies 1.10.2 and 1.10.3 to state that public roads, parking lots, and new development shall be designed consistent with the requirements of the ULDC. • Delete policies related to educating residents on home energy reduction strategies; and business owners and farmworkers on the cost of environmental effects of automobile idling. • Delete policy 1.14.2 related to designating housing structures as historically significant during the EAR process (redundant to revised Policy 1.7.3). Transportation Element Proposed amendments: • Revise references to the “Town of Loxahatchee Groves” to simply “The Town.” • Add Policy 2.1.6 to state that transportation facilities to serve new development shall be in place or under construction within 3 years after the Town approves a building permit that results in traffic generation. • Update references to the change of the name of the “Palm Beach County Transportation Planning Agency (PB TPA).” • Add new policies to: o Remove E Road, 140th Avenue extension and exclude that portion of Okeechobee Boulevard from Folsom Road to west of A Road from consideration of expansion to four lanes from the County’s 5-Year Road Program; o Support the extension of Seminole Pratt-Whitney Road north to State Road 710 (Beeline Highway); o Oppose the extension of Okeechobee Boulevard to State Road 80 (Southern Boulevard); o Support the extension of State Road 7 from Okeechobee Boulevard to Northlake Boulevard; and o Maintain the two-lane section on Okeechobee Boulevard and protect its rural character by designating this section as a Rural Minor Collector on the County’s Roadway Classification Map and designing it as a rural roadway, include traffic calming measures, implement reduced speed limits, and increase landscaping along and within the right-of-way. 3 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 • Add new Policy 2.2.8 to state the Town will work with PBC annually to incorporate future roadway improvements that implement the Town’s Okeechobee Boulevard planning policies and the Town Council shall be represented at the TPA meetings in preparation of the Transportation Improvement Plan. • Revise policies related to the Town’s Trails and Greenways (TAG) Advisory Committee (formerly the Roadway Equestrian Trails and Greenways Advisory Committee). • Delete policies related to collocation of primary civic facilities. • Revise Policy 2.7.1 to state that allocation of public maintenance and capital improvements project funds for local roadways will be classified in updated Table TRN-1 Local Roads Functional Classification System and illustrated on Map TRN-2 Local Roads Classification Map. • Revise Policy 2.7.9 to indicate the Town will strive to reduce greenhouse gas emissions by promoting alternative forms of transportation by cooperating with the PB TPA for new and improved transit. • Add Policy 2.7.12 to indicate that Service Level 4 and 5 Roads, including private easements, shall not provide access to, and egress from, the Town from areas outside of its corporate limits. Infrastructure Element Proposed amendments: • Delete the reference to the Loxahatchee Groves Water Control District throughout the element. • Revise and delete policies related to design criteria for stormwater management levels of service; roadway and parking elevations; site perimeter elevations; dry or wet retention/detention stage versus storage; building elevations; off site discharge; and discharge to surface or groundwater to reduce pollutant loading from agricultural uses. • Revise Objective 3.5 and underlying policies to indicate that the Town will address long-term water needs and planning for additional capacity by working with Palm Beach County during the preparation of its 10-Year Water Supply Facilities Work Plan. • Delete Policy 3C.3.2 (renumbered to 3.6.2 and reserved) related to denial of future land use map amendments when densities and intensities are increased and potable water facilities are not available and a consumptive use permit has not been issued; and extension of facilities are not included in a financially feasible capital improvements program. • Revise Policy 3.9.2 to indicate that Town will continue to investigate the provision of services through the Palm Beach County/Town of Loxahatchee Groves Potable Water, Wastewater, and Reclaimed Water Utilities Franchise and Service Area Agreement. • Add Policy 3.14.3 to state that the Town shall cooperate with the appropriate public agencies to assure solid and hazardous waste generated within the Town are properly managed and violations are reported appropriately. This policy was moved from the Conservation Element. Conservation Element Proposed amendments: • Delete Policy 4.2.6 indicating that the Town will participate in the development of the Reginal Water Supply Plan in conjunction with the South Florida Water Management District (SFWMD). 4 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 • Revise Policy 4.2.9 stating the Town will procure educational publications related to water conservation methods from the SFWMD for distribution to residents and posting on the Town’s website. • Revise Policy 4.2.12 to state that the Town, operating as the Loxahatchee Groves Water Control District, will maintain canals in the Town to ensure water quality. • Revise Policy 4.4.1 to state that the Town will require approval from applicable agencies regarding the preservation of indigenous wildlife and wetlands. • Revise Policy 4.4.6 to state the Town will provide technical support for the creation of conservation easements. • Revise Policy 4.6.1 to indicate that the Town will adopt tree protection standards. Recreation and Open Space Proposed amendments: • Revise Policy 5.1.1 (formerly 5A.1.1) to state that the Town will work with property owners to ensure public access recreation facilities are available at a level of service of 6 acres per 1,000 residents. • Revise 5.1.2 (formerly 5A.1.2) to indicate the Town may encourage development of a public equestrian facility on Southern Boulevard. • Revise Policy 5.1.3 (formerly 5A.1.3) to state the Town will continue to lobby the County to develop the Loxahatchee County Park, which was the intent of the original master plan as amended in May 2011. • Add Policy 5.4.3 to state the time line for the construction of, and the amount of acreage required for, parks and recreation facilities to serve new development. • Revise language in policies to update the name of the “equestrian” trail system to “multi- use.” • Delete Policy 5B.1.1 related to public and private ventures to obtain land and/or financing for recreation areas. • Delete Policy 5B.3.2 related to direct connections and access between the Town equestrian trails and the Village of Wellington preserves and public trails. • Delete Policy 5B.3.3 related to coordination of greenways and equestrian trails with the Loxahatchee Groves Water Control District. Housing Element Proposed amendments: • Review Policy 6.1.1 to indicate the Town will follow the Florida Building Code, local amendments, and land development regulations that support the current rural residential character of the Town and remove specific definitions of minimal housing standards. • Revise Objective 6.2 to remove elderly households, EH handicapped residents and farmworkers from the list of households, and indicate provisions will be made for Community Residential Housing and modular homes. • Revise Policy 6.2.3 to update the list of innovative housing alternatives. • Revise Policy 6.2.4 to remove language which requires the land development regulations to include a requirement that standard housing, at affordable cost, is available to persons displaced through any public action. • Delete Policy 6.2.7 that encourages congregate living facilities south of Collecting Canal Road in proximity to Palms West Hospital. 5 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 • Rename references in Objective 6.3 and underlying policies to rename daycare, foster care, and group home facilities to “community residential housing” and indicate the location of these facilities will be regulated by the Town’s ULDC. • Remove policies related to preparing an Affordable Housing Assessment within 12 months of the availability of data from the 2010 Census and during the EAR process. Intergovernmental Coordination Element Proposed amendments: • Delete Policy 7.1.2 that indicates the Town shall continue informal methods to increase effectiveness of existing intergovernmental coordination mechanisms. • Revise Policy 7.1.7 to indicate the Town will cooperatively pursue resolution of development and growth management impacts outside its jurisdiction regarding traffic control and safety measures. • Deletes Objective 7.3 and underlying policies related to coordination with the School Board of Palm Beach County and other agencies on planning public school sites. • Delete Policy 7.4.1 requiring the Town to prepare and review the annual level of service monitoring report contained within the adopted concurrency management system. Capital Improvements Element Proposed amendments: • Delete language in Policy 8.1.1 regarding the Town following the specific timing requirements to ensure adequate public facilities are available to meet level of service standards with the impact of development. • Remove from Policy 8.1.6 review of the Deficiency determination by a Concurrency Management System criteria as part of a review of the assumptions, projections, needs, and consideration for appropriate and timely renewal of existing facilities. • Revise Objective 8.2 to remove language that the provision of necessary capital improvement to correct service deficiencies and accommodate planned future growth be consistent with the adopted level of service standards. • Delete Policy 8.2.18 related to public schools utilization numbers. • Revise Objective 8.6 to state the Town will no longer update the tables related to the Capital Improvement Projects within the Town, but will provide annual updates to the Five Year Schedule of Capital Improvements, which will not be subject to the comprehensive plan amendment process. Additionally, these tables are being deleted. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extrajurisdictional Impacts The proposed amendments were circulated by the Palm Beach County Intergovernmental Plan Amendment Review Committee Clearinghouse Coordinator on February 14, 2024. No extrajurisdictional impacts have been identified. 6 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. However, Council offers the following comments for consideration by the Town prior to adoption: 1. Since the Public Schools Facilities Element is proposed to be eliminated, at a minimum, the language in Objective 7.3 and associated Policies in the Intergovernmental Coordination Element should be retained to state that the Town will work with the School District on population projections and school siting in accord with Section 163.177(6)(h)(2) of the Florida Statutes. In addition, the Town is encouraged to join as a signatory to the Coordinated School Planning Interlocal Agreement. 2. Consider not deleting the stormwater management criteria in Policy 3.1.2 since these establish a Level of Service standard for this important aspect of the Town’s infrastructure and help manage the impact of new development. 3. In Policy 7.1.4, the reference to Council should be revised as follows in red strikeout and underline: The Town's Comprehensive Plan Town will consider be consistent, where feasible and practical, with the Treasure Coast Regional Policy Planning Council Regional Strategic Regional Policy Plan, Palm Beach County Comprehensive Plan, the Comprehensive Plans of adjacent local governments, and applicable regional water supply plans when amending the Comprehensive Plan. Council Action – March 14, 2024 The next scheduled Council meeting is April 19, 2024. In order to avoid unnecessary delay and meet the 30-day agency review deadline, Council’s Executive Director, Thomas J. Lanahan, approves this report and authorizes its transmittal to the Town of Loxahatchee Groves and FloridaCommerce. Attachments 7 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 List of Exhibits Exhibit 1 General Location Map 2 Proposed New Property Rights Element Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Exhibit 1 General Location Map Town of Loxahatchee Groves Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Exhibit 2 Proposed New Property Rights Element Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Valerie Oakes From: Katie Edwards-Walpole <Katie@flfarmlaw.com> Sent: Tuesday, June 18, 2024 1:47 PM To: Valerie Oakes Subject: Request to have the attached items added to the record for the June 18 Special Meeting Attachments: FDOT Comments from 2017 and 2020.pdf For Agenda Item 7. Thank you. 1 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 From: Plan_Review To: jtitcomb@loxahatcheegrovesfl.gov; DCPexternalagencycomments Cc: Plan_Review Subject: [EXTERNAL] - Loxahatchee Groves 20-01ESR Proposed Date: Wednesday, October 14, 2020 2:58:28 PM Attachments: image001.png To: Jamie Titcomb, Town Manager Re: Loxahatchee Groves 20-01ESR – Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department’s jurisdiction. Please submit all future amendments by email to Plan.Review@FloridaDEP.gov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037. Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 From: Hymowitz, Larry To: DCPexternalagencycomments; jtitcomb@loxahatcheegrovesfl.gov Cc: Gardner-Young, Caryn; Krane, John; Fasiska, Christine; Martinez, Cesar; Kareiva, Ronald; Bush, Lois; Carver, Jennifer; Andrew Uhlir; Khurshid Mohyuddin; Motasem Al-Turk; Tom Lanahan; Stephanie Heidt Subject: [EXTERNAL] - Town of Loxahatchee Groves 20-1ESR - FDOT District Four Review Date: Friday, October 9, 2020 3:14:03 PM Attachments: image002.png Loxahatchee Groves 17-1ESR Tech Assistance Comments.pdf I am writing to advise you that the Department will not be issuing formal comments for the proposed Town of Loxahatchee Groves Comprehensive Plan amendment with DEO reference number 20-1ESR relating to ensuring the character of Okeechobee Boulevard fits within the vision established by the Town in terms of design, function and aesthetics. The Department does have a technical assistance comment for the Town to consider consistent with Section 163.3168(3), Florida Statutes. The technical assistance comment will not form the basis of a challenge. Technical assistance comments can strengthen the local government’s comprehensive plan in order to foster a vibrant, healthy community and are designed to ensure consistency with the Community Planning Act in Chapter 163, Part II, F.S. Technical Assistant Comment The changes proposed as part of this amendment include: Reclassification of Okeechobee Boulevard in the Comprehensive Plan from Urban Collector to Minor Collector Designation of Okeechobee Boulevard as a Rural Parkway Creation of a classification system for Town local roads, and Amendment to the Future Land Use Map and Table of Land Uses to include the Okeechobee Boulevard Overlay; and to add an Objective and Policies to better define future land use along both corridors. These changes are complimentary to the Town’s 17-1ESR amendment that; directed commercial development activities to State Road 80/Southern Boulevard (SR-80), constrained the cross section of Okeechobee Boulevard to 2 lanes, and identified roundabouts at certain intersections along the corridor. The Department transmitted technical assistance comments via email to the Town and the Department of Economic Opportunity on February 20th, 2017 with language cautioning the Town regarding the anticipated future impacts of its policies on the performance of SR-80. The 20-1ESR proposed changes to the Comprehensive Plan sustain the previously identified concerns as expressed in the Department’s comments that are attached to this correspondence. The effect of the proposed changes subjugate the role of Okeechobee Boulevard as a network facility on the Palm Beach Transportation Planning Agency’s 2045 Long Range Transportation Plan and the Palm Beach County Thoroughfare Identification Map. The future planned extension of Okeechobee Boulevard and its Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 connectivity to Downtown West Palm Beach could offer transportation benefits to the region as a parallel corridor to SR-80, a Strategic Intermodal System (SIS) facility. The SIS is planned and designed to ensure mobility for both people and freight between Florida's regions and between Florida and other states and nations. Addressing these concerns will help to avoid unnecessarily impacting the SIS with localized trip making and other diversions of trips to SR-80 that would otherwise use Okeechobee Boulevard if it were to function as a major collector or arterial roadway. Recommendation The Department requests that the Town reconsider FDOT’s concerns in the attached comments, since the effect of the impacts could have unintended consequences to the way the transportation system operates in the area. We are willing to discuss with the Town any assistance it might need to include necessary revisions to its thoroughfare maps and/or comprehensive plan policies. Such dialogue will help the Town and the Department to collaboratively work together to meet the Town’s and FDOT’s objectives. Please feel free to contact me in this regard. The Department appreciates the Town’s cooperation in helping to maintain acceptable future operating conditions on SR 80. Thank you very much. Teleworking, 8-4:45 Monday through Friday, can be reached by e-mail or by phone (954-777-4663) Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 From: Oblaczynski, Deborah To: framaglia@loxahatcheegrovesfl.gov Cc: Corvin, Kelly D.; Eubanks, Ray; Stephanie Heidt (sheidt@tcrpc.org); tlanahan@tcrpc.org; DCPexternalagencycomments Subject: [EXTERNAL] - Town of Loxahatchee Groves, DEO # 20-1ESR Comments on Proposed Comprehensive Plan Amendment Package Date: Tuesday, October 6, 2020 1:43:54 PM Dear Ms. Ramaglia: The South Florida Water Management District (District) has completed its review of the proposed amendment package from the Town of Loxahatchee Groves (Town). The amendment package updates the Future Land Use and Transportation Elements addressing the new Okeechobee Rural 5 Overlay. The proposed changes do not appear to adversely impact the water resources within the District; however, the District offers the following technical guidance regarding Regional Water Supply Planning: The Town is located within the boundaries of the Lower East Coast Planning Area. On November 8, 2018, the District’s Governing Board approved the 2018 Lower East Coast Water Supply Plan Update (LEC Plan). Pursuant to Section 163.3177(6)(c)3, Florida Statutes the Town was required to update their Water Supply Facilities Work Plan (Work Plan) by May 8, 2020 (within 18 months after approval of the updated supply plan). The Town was reminded by the District of this requirement to update the Work Plan on March 1, 2019. The District has not yet received the Town’s Work Plan for review. The Town’s update of the Work Plan will need to include updated water demand projections for the identified planning period. The Work Plan must cover at least a 10-year planning period and identify alternative and traditional water supply projects, and conservation and reuse activities needed to meet the projected future demands. Planning tools are available on the District’s website for your use and District Staff are available to provide technical assistance to update the Work Plan, including reviewing draft Work Plans prior to formal plan amendment submittal. The planning tools are located at this link: https://www.sfwmd.gov/doing-business-with- us/work-plans The District requests that the Town forward a copy of the adopted amendments to the District. Please contact me if you have any questions or need additional information. Sincerely, Deb Oblaczynski Policy & Planning Analyst Water Supply Implementation Unit Please be advised I am working from home until further notice. I can be contacted at: South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 Email: doblaczy@sfwmd.gov or Cell Phone: 561-315-1474 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Valerie Oakes From: Katie Edwards-Walpole <Katie@flfarmlaw.com> Sent: Tuesday, June 18, 2024 1:55 PM To: Valerie Oakes Cc: Katie Edwards-Walpole Subject: FW: Written Comments/EAR Workshop: Conservation Element The following written comments were offered in advance of the June 26, 2023 EAR Workshop through the Town Clerk. Please include with the record of public comment for the June 18 Town Council Workshop (Agenda Item 7). Regarding the proposed updates to the Conservation element, please consider: The South Florida Water Management District’s updates to the Lower East Coast Water Supply Plan is underway, and the Town must remain engaged to assess projected water demands and potential sources of water for the period from 2021 to 2045. As you know, this plan update will be used by local governments, water users and utilities to update and modify local comprehensive plans, facility work plans and ordinances. See, for reference: work_plan_tech_assist_guide-090121.pdf (sfwmd.gov). With respect to water users, the following policies provide a basis for LDRs to ensure compliance with regulatory programs for water supply, water resource protection, and conservation: -The Town should educate property owners on regulations for well construction, repair, modification, and abandonment as water quality testing for limited use public water systems and private wells. -The Town should educate its residents on consumptive use permits for groundwater withdrawals for use in public supply, agriculture, business, etc., as permitted through the water management district. Consumptive Water Use Permits | South Florida Water Management District (sfwmd.gov) Please also take advantage of the modeling, data, mapping, and surveys produced by SFWMD that also impact tertiary canals, consumptive use permitting, and alternative water resource development. The Conservation or Infrastructure elements, for example, should identify the basis for LDRs that implement the work plan: Within 18 months of the District adopting or updating a Regional Water Supply Plan, each local government within that region must prepare and adopt a Work Plan that will become part of its comprehensive plan. Water Supply Facilities Work Plans | South Florida Water Management District (sfwmd.gov) I also wanted to emphasize Flood Level Protection of Service and stormwater management plans. Per SFWMD, effective basin management requires cooperation and input from local governments and other agencies to prioritize and fully implement solutions. Many municipalities across the State are conducting similar evaluations through stormwater management master plans. The FPLOS process provides a helpful planning tool for prioritizing and designing projects in the secondary and tertiary systems. The FPLOS program ensures a flood control system resilient to shocks and stresses such as hurricanes, floods, and droughts. See, Flood Protection Level of Service | South Florida Water Management District (sfwmd.gov). Katie Edwards-Walpole, Esq. 9321 Chelsea Drive South 1 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Plantation, FL 33324 P: (305) 281-7323 www.FLFarmLaw.com 2 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 Valerie Oakes From: Katie Edwards-Walpole <Katie@flfarmlaw.com> Sent: Tuesday, June 18, 2024 1:57 PM To: Valerie Oakes Cc: Jacek Tomasik; Kaitlyn Forbes Subject: FW: Written Comments/EAR and Floodplain Management Goals The following written comments were offered in advance of the June 26, 2023 EAR Workshop through the Town Clerk. Please include with the record of public comment for the June 18 Town Council Workshop (Agenda Item 7). Loxahatchee Groves, as a community participant of the National Flood Insurance Program, should include adopt goals, objectives, and policies that can be implemented through Land Development Regulations (LDRs) after the Comprehensive Plan amendments are adopted. The Comp Plan’s GOPs serve as the basis for LDRs that implement floodplain management regulations that translate to reductions of flood insurance premiums. Some background materials for reference, including FEMA guidance for agricultural buildings and accessory structures which are not exempt from floodplain management ordinances under s. 604.50, Florida Statute: Floodplain Management Program | Florida Disaster The CRS Coordinator’s Manual - CRSresources | Increased Costs of Compliance | FloodSmart Resiliency and Flood Protection | South Florida Water Management District (sfwmd.gov) Know Your Risk: Community Officials | FEMA.gov THE INSIDER (asfpm-library.s3-us-west-2.amazonaws.com) Floodplain Management Requirements for Agricultural Structures and Accessory Structures (fema.gov) Sample language for inclusion in the comp plan: INFRASTRUCTURE GOALS, OBJECTIVES, AND POLICIES FLOODPLAIN MANAGEMENT GOAL Implement National Flood Insurance Program Community Rating System policies that (1) reduce flood damage to insurable property, (2) strengthen and support the insurance aspects of the NFIP, and (3) encourage a comprehensive approach to floodplain management. Objective: Improve the Town’s Community Rating System Class rating so its residents may receive increasingly higher discounts on flood insurance. Policy: -The Town Manager or designee shall inform the Federal Emergency Management Agency (FEMA) Regional Office of the Town’s interest in applying to the CRS and submit a CRS application, along with documentation that shows it is implementing the activities for which credit is requested. Policy: 1 Docusign Envelope ID: F3241BE9-71D1-4355-8236-DFF9B9AAB0C2 -The Town shall, in consultation with the FEMA Regional Office and State Floodplain Management Program of the Division of Emergency Management, review its floodplain management ordinance on an annual basis and adopt changes that achieve goals set forth in the comprehensive plan’s Infrastructure element. Objective: Ensure sound land use development in floodplain areas in order to promote the health and safety of the public, minimize loss of life and property, and reduce economic losses caused by flood damages. Policy: Provide educational opportunities for those involved in the design, planning, engineering, construction, and development sectors, in collaboration with the Association of State Floodplain Managers, South Florida Water Management District, and other entities on floodplain design and construction. Objective: Review all development applications for compliance with federal, state, and local floodplain management regulations. Policy: Designate a member of Floodplain Coordinator who is also a Certified Floodplain Manager to ensure that land development regulations, work plans, and capital improvements reflect the Town’s ongoing commitment to reducing damaging and losses from flood hazards. Katie Edwards-Walpole, Esq. 9321 Chelsea Drive South Plantation, FL 33324 P: (305) 281-7323 www.FLFarmLaw.com 2