FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT...

Item: 3.A.3.

18-D FLUA Amendment Staff Report 1 Lake Worth Royale (LGA 2018-015)

FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 18-D

BCC ADOPTION PUBLIC HEARING, OCTOBER 31, 2018

A. Application Summary

I. General

Project Name: Lake Worth Royale (LGA 2018-015)

Request: LR-2 to HR-8 and CH/2

Acres: 30.02 acres

Location: South side of Lake Worth Road, west of Florida Turnpike at Hooks Road

Project Manager: Bryce Van Horn, Senior Planner

Applicant: Lake Worth Road Villas, LLC

Owner: Lake Worth Road Villas, LLC

Agent: Insite Studio Inc.

Staff Recommendation:

Staff recommends approval with conditions based upon the findings and conclusions contained within this report.

II. Assessment & Conclusion

The amendment proposes to change the future land use designation from Low Residential, 2 units per acre (LR-2), to High Residential, 8 units per acre on 27.02 acres and Commercial High (CH) on 3 acres. Under LR-2 the applicant can develop up to 125 dwelling units (4.6 units per acre) using all available density bonuses through the Transfer of Development Rights (TDR) and Workforce Housing (WHP) Programs. The applicant’s intent for the HR-8 portion is to develop a 375 multifamily housing development (14 units per acre density) with 108 of the proposed units requested as Workforce Housing Program (WHP) density bonus and 51 units requested as Transfer of Development Rights (TDR) density bonus as part of a subsequent zoning application. The applicant is seeking approval for a restaurant, offices, and child care center on the CH portion.

The site is located in a suburban area on Lake Worth Road, just west of the Florida Turnpike and within the West Lake Worth Road Neighborhood Plan area. The Commercial portion of the site met the Commercial Location Criteria under the current configuration since it shares a common boundary with a commercial property to the west. Although, the proposed Zoning application’s non planned collector road along this boundary will sever this contiguity, the proposed condition requiring cross access will ensure that the request is consistent with this policy. Policy 2.4-b requires the use of the TDR program as the mandatory method of increasing density unless the property owner can provide an adequate justification and demonstration that the current density is inappropriate. The applicant is seeking a density higher than available under the LR-2 designation. The proposed amendment is appropriate, compatible, and consistent with Comprehensive Plan amendment policies to increase density with the conditions including the requirement for WHP and the purchase of TDRs.


III. Hearing History

Local Planning Agency: Approval with modified conditions, motion by Neil Merin, seconded by Edwin Ferguson, passed in a 7-3 vote with David Dinin, Barbara Roth, and David Freudenberg dissenting at the July 13th public hearing. The modified condition was to establish a minimum of 19% of the units as workforce housing as supported by the applicant rather than a minimum 25% recommended by staff, and to revise the traffic condition of approval to reflect trips rather than square footage/uses. Staff and the applicant support the change to the traffic condition and staff modified Exhibit 1. The Board discussion included questions regarding whether the 25% workforce condition was codified, and comments of concern for the high density, but in support of the daycare opportunity onsite along with the potential for workforce housing for families, and the need to limit trips rather than square footage for Policy 3.5-d consistency. Three members of the public spoke in opposition, including two representatives of the Lake Worth Road Coalition, expressing concerns regarding high density, traffic impacts, and safety issues particularly related to the access limitations. Board of County Commissioners Transmittal Public Hearing: Transmit as recommended by PLC, motion by Comm. Abrams, seconded by Comm. Kerner, passed in a 6 to 0 vote (with Comm. Burdick absent) at the July 23rd public hearing. Board discussion included comments regarding the need for workforce housing, questions regarding the applicant’s suggestion to provide workforce units in 2 and 3 bedroom units, and concern regarding the access to the site. The Board directed staff to continue working between transmittal and adoption on connectivity to Polo Road and to continue working with the applicant on the workforce housing condition. Four members of the public spoke in opposition, including three representatives of the Lake Worth Road Coalition, citing concerns regarding increased traffic, incompatibility, and safety issues due to the lack of a connection to Polo Road. A letter submitted was added to the report in Exhibit 10. State Review Comments: The State Land Planning Agency issued a letter dated August 31, 2018 stating the Agency “identified no comment related to important state resources and facilities within the Department's authorized scope of review that would be adversely impacted by the amendment if adopted.” The Florida Department of Transportation (FDOT) provided two technical assistance comments in its letter dated August 31, 2018 stating that the development of the site should include noise mitigation measures and that the County require connectivity consistent with the West Lake Worth Road Corridor Neighborhood Plan. The applicant has incorporated noise mitigation measures into the concurrent zoning application, and the County continues to work with the applicant and adjacent property owners on securing a connection from Hooks Road to Polo Road pursuant previously adopted conditions of approval on these sites for connections consistent with the Neighborhood Plan. Subsequent to Transmittal: Following transmittal, the contract purchaser closed on the property. In addition, in order to maintain the timing of a concurrent approval, the applicant revised the zoning application to reduce the number of requested units from the initial 375 dwelling units to the currently proposed 280 dwelling units at this time. The applicant will proceed with a zoning application for units up to 375 total including the 51 TDRs with a new zoning application due for submittal in November. The report and the conditions of approval were modified to reflect this change in the timing of the approvals. Board of County Commissioners Adoption Public Hearing: Wednesday, Oct. 31, 2018 T:\Planning\AMEND\18-D\Reports-Agendas\4-BCCAdopt\3-A-3_18-D_Lake Worth Royale-Rpt.docx

Future Land Use Atlas Amendment Lake Worth Royale (LGA 2018-015)

Site Data Future Land Use Designations

Siz.e: 30.02 acres LR-2 Low Residential, 2 units per acre CL-0 Commercial Low Office Low Residential, 3 units per acre CL-0/2 CL-0, underlying LR-2 Medium Residential, 5 units per acre CLJ(J3 CL Crosshatching, underlying LR-3 High Residential, 8 units per acre INST Institutional and Public Facilities Commercial Low, underlying 3 du/acre INST/5 INST, underlying M R-5 Commercial High, underlying 2 duiacre UT Util~ies and Transportation

Existing Use: Vacant LR-3 Proposed Use: Gas Station and Residential MR-5 CUrrent FLU: LR-2 HR-8 Proposed FLU: CHand HR-8 CU3

CH/2 CH/3 Commercial High, underlying 3 duiacre

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B. Petition Summary

I. General Data

Project Name: Lake Worth Royale (LGA 2017-015)

Request: LR-2 to HR-8 and CH/2

Acres: 30.02 acres


Project Manager: Bryce Van Horn, Senior Planner

Applicant: Lake Worth Road Villas, LLC

Owner: Lake Worth Road Villas, LLC

Agent: Insite Studio, Inc.

II. Site Data

Current Future Land Use

Current FLU: Low Residential, 2 units per acre (LR-2)

Existing Land Use: Vacant

Current Zoning: Residential Transitional (RT)

Current Dev. Potential Max:

Residential, up to 60 dwelling units on 30.02 acres (not including additional units available through the Workforce Housing and Transfer of Development Rights Programs).

Proposed Future Land Use Change

Proposed FLU: Commercial High with underlying LR-2 (CH/2) on 3.00 acres and High Residential, 8 units per acre (HR-8) on 27.02 acres

Proposed Zoning: General Commercial (CG) & Planned Unit Development (PUD)

Dev. Potential Max/Conditioned:

Residential, up to 216 dwelling units (375 proposed with Workforce Housing and Transfer of Development Rights bonus density) on 27.02 acres, and non-residential uses on 3 acres.

General Area Information for Site

Tier/Tier Change: Urban Suburban Tier – No Change

Utility Service: Palm Beach County Water Utilities Department

Overlay/Study: West Lake Worth Road Neighborhood Plan (WLWRNP)

Annexation Area: City of Greenacres

Comm. District: Melissa McKinlay, District 6


C. Introduction

I. Intent of the Amendment

The amendment is proposing to change the future land use designation of the 30.02 acre site from one future land use designation, Low Residential, 2 units per acre (LR-2), to two future land use designations, High Residential, 8 units per acre (HR-8) on 27.02 acres and Commercial High (CH) on 3 acres. The amendment has two concurrent zoning applications. Application Z/CA 2018-00148 (Allie Polo) is a request to rezone the proposed 3 acres of commercial from the Residential Transitional (RT) Zoning District to the General Commercial (CG) Zoning District with the intent to seek development order approval for 2,500 SF restaurant, 2,500 SF office, and 12,998 SF day care (general) uses. At the time of the BCC Transmittal public hearing, application PDD/CA 2018-00146 (Lake Worth Royal PUD) was under review for a request to rezone approximately 27 acres from the RT Zoning District to the Planned Unit Development (PUD) Zoning District with a request for a total of 375 multifamily unit development inclusive of 108 Workforce Housing Program (WHP) bonus density units and 51 Transfer of Development Rights (TDR) bonus density units. Following the Transmittal Public Hearing, the PUD application was revised in August to reduce the units to 280 so as not to be required to submit a Preliminary Site Plan. The 280 units now proposed in the concurrent Zoning application includes 64 WHP bonus density units but does not include any TDR’s. If the Zoning application is approved, the applicant will be required to submit a subsequent Development Order Amendment to the PUD Zoning for up to 375 units as proposed by the FLUA conditions in Exhibit 1. The only access to the site is currently from Lake Worth Road, crossing the LWDD L-12 canal and via a 15 foot easement on the subject property and a 20 foot easement on the neighboring commercial property to the west. Hooks Road currently meanders within these easements for access to the parcels as they are configured now. Hooks road is an unimproved dirt road and does meet minimum Code standards for the proposed Zoning applications. In order to meet standards for access and frontage for a PUD, the Zoning applications include a proposal to dedicate land area along Hooks Road for an 80 foot right-of way for construction of a non-planned collector road. The proposed commercial Zoning parcel intends to access Lake Worth Road via this proposed roadway.

II. Background/History

The 30.02 acre subject site is in the Urban/Suburban Tier and is located on the south side of Lake Worth Road, west of Florida Turnpike southbound interchange, at Hooks Road, within the West Lake Worth Road Neighborhood Plan (WLWRNP) area. This site was part of a larger site encompassing 51 acres, all of which was acquired by the Florida Department of Transportation (FDOT) in 2007 & 2008 for a reconfiguration of the Turnpike interchange at Lake Worth Road. A new interchange was constructed utilizing 20 of the 51 acres to relocate the south bound on and off ramps from the north side of Lake Worth Rd. to this location, and construct a toll plaza and drainage area. The remaining land area, now the subject of the proposed amendment, was not required for the interchange improvements and FDOT invited bids for the land as surplus.


Prior to acquisition by FDOT, the property was mostly in equestrian uses and included one single family home. All of the structures and uses have since been removed however and the site remains vacant today. The site has not been the subject of any previous adopted future land use amendments since assignment of the property’s LR-2 designation in the County’s 1989 Comprehensive Plan. However, the applicant submitted the amendment application in November of 2017 originally proposing HR-12 and CH designations. The proposed amendment was heard at the April 13, 2018 Planning Commission wherein the board recommended denial (12-0 vote) and at the May 2, 2018 Board of County Commissioners (BCC) Comprehensive Plan Transmittal public hearing wherein the applicant requested a postponement from the 18-C round of amendments to the current 18-D round. The BCC granted the applicant’s postponement request (5-2 vote). The applicant subsequently revised the application to request an HR-8 designation instead of HR-12 with the proposed CH part of the request remaining the same. As a result, the applicant also revised the concurrent PUD Zoning application to include a WHP density bonus of 50% and a TDR application and revised the uses proposed for the concurrent commercial zoning application. Overview of the Area Beginning in 2008, various property owners in the area began submitting FLUA amendments to increase density and/or intensity. This activity prompted residents from eight of the surrounding communities to create the West Lake Worth Road Neighborhood Plan (WLWNP). The Neighborhood establishes a Master Plan that recommends density increase up to, but not exceeding, a density of 5 units per acre in the vicinity of the subject site. The Neighborhood Plan was completed and formally received and filed by the Board of County Commissioners in November 2009. Subsequently, the County has adopted several amendments to establish commercial or increase residential density in the Neighborhood Plan area.

D. Consistency and Compatibility

I. Data and Analysis Summary

This section of the report examines the consistency of the amendment with the County’s Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and the impacts on public facilities and services. A. Consistency with the Comprehensive Plan - General 1. Justification: FLUE Policy 2.1-f: Before approval of a future land use amendment, the

applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:

1. The natural environment, including topography, soils and other natural resources;

(see Public Facilities Section) 2. The availability of facilities and services; (see Public Facilities Section) 3. The adjacent and surrounding development; (see Compatibility Section) 4. The future land use balance; 5. The prevention of urban sprawl as defined by 163.3164(51), F.S.; (see

Consistency with Florida Statutes)


6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and (see Neighborhood Plans and Overlays Section)

7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. (see Public and Municipal Review Section)

The Applicant has prepared a Justification Statement (Exhibit 2) which is summarized as follows:

The site is located adjacent to the Turnpike and that the increase in density and commercial will be more compatible with surrounding land uses and conditions;

The development is adjacent to existing facilities and services and creates an efficient and consistent pattern of land use;

The amendment provides a necessary balance of land uses in the area;

The amendment is consistent with the West Lake Worth Road Neighborhood Plan and surrounding land uses;

The amendment represents responsible and desirable infill development; and

The amendment will result in significant Workforce Housing opportunities;

Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment analysis and many of the items are addressed elsewhere in this report as identified above. The 30.02 acre subject site currently has a Low Residential, 2 unit per acre, (LR-2) future land use designation and can be developed with residential uses at a density of 2 units per acre (60 units) under the future land use designation, or can pursue additional bonus density through the Transfer of Development Rights (TDR) and Workforce Housing Program (WHP) for up to 4.6 units per acre (125 units). The applicant proposes to change the future land use designation to Commercial High (CH) on 3 acres for the development of a mix of commercial and institutional uses, and to High Residential, 8 units per acre (HR-8) on 27.02 acres for up to 216 units. Through the TDR and WHP density bonus programs, a property owner with HR-8 can request up to 14 units per acre (378 units). The applicant intends to ultimately develop almost 14 units per acre utilizing the County’s WHP bonus density program to its full extent, a 50% WHP bonus density, and nearly all TDR bonus density units available for request for a total of 375 proposed units. Due to the traffic study, the application will be limited to the maximum intensity and density proposed by the applicant at 375 dwelling units (13.9 units per acre) and the proposed non-residential uses on the commercial portion. The site is surrounded by 5 units per acre (MR-5) to the west and south, therefore a density increase through the TDR and WHP density programs up to the maximum 4.6 units per acre is not inappropriate. There is no evidence also that the land uses in the area are not balanced, and all development in the Urban Suburban Tier represents an efficient use of existing facilities. However, there have been changes in the area with recent amendments that increased the adjacent future land use densities and intensities to the south and west from LR-2 to MR-5 or CH/2, and the subject site may therefore be considered infill development. Being considered ‘infill’ can in general be the basis for a justification for increasing density up to, but not in excess of, the surrounding densities. This proposed amendment on this specific site for commercial near Lake Worth Road and higher densities is unique however given its location adjacent to Florida’s Turnpike. Regarding the neighborhood plan, the plan does not identify, as with other properties, whether or what increases in density should be accommodated on this specific site. At the time the neighborhood plan was formulated, the future potential for the subject site was


identified as a property anticipated to be used for the Florida Turnpike. The neighborhood plan is therefore silent as to its desired potential if not developed for Turnpike purposes. The neighborhood plan does not preclude the use of TDR and Workforce Housing bonus densities. Since the neighborhood does not address specific densities on the subject site, the amendment is not exempt from utilizing the TDR program to increase density and the amendment to HR-8 may only be justified with the use of the TDR program (see neighborhood plan section for discussion). Considering the applicant is now proposing HR-8 instead of HR-12 and, as conditioned, proposing to utilize the TDR program to nearly its fullest extent and WHP bonus density, the site’s location and surrounding conditions, the inclusion of conditions requiring that a percentage of the dwelling units (exceeding minimum ULDC requirements) be workforce housing units and be required on site, and that TDR bonus density be required as part of the increased density, the applicant has met the requirements for an adequate justification. The commercial request is was previously considered inconsistent with the Commercial Location Criteria (see Policy 2.2.2-b discussion below) given the proposed commercial parcel configuration would be subdivided and no longer share a common border with the existing commercial to the west. However, with a condition requiring connectivity to the commercial to the west, and given that the proposed commercial and residential development will share access, the intent of the policy to discourage strip commercial development and foster connectivity will be furthered and the inconsistency will be mitigated. Therefore, the applicant has met the requirements for adequate justification.

2. County Directions – FLUE Policy 2.1-g: The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County.

Direction 2. Growth Management. Provide for sustainable communities and lifestyle

choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cost efficient timely manner.

Direction 3. Infill, Redevelopment and Revitalization. Address the needs of developed urban areas that lack basic services, and encourage revitalization, redevelopment, and infill development in urban areas to increase efficient use of land and existing public facilities and services. Direction 4. Land Use Compatibility. Ensure that the densities and intensities of land uses are not in conflict with those of surrounding areas, whether incorporated or unincorporated. Staff Analysis: Development on this site would be considered infill given surrounding future land uses of MR-5 immediately abutting the site, various commercial land uses, and the sites location adjacent to the Florida Turnpike. Increases in density within the Tier do make efficient use of facilities and services that are already in place. The Growth Management direction calls for the transfer of development rights as the required method


for most density increases. This direction is further implemented by Policy 2.4-b which is discussed in more detail below under Density Increases – Policy 2.4-b of this report. The amendment proposes to increase density on the site from 2 units per acre to 8 units per acre and in addition utilize the TDR program and the WHP to increase the density up further. The HR-8 category is the next higher residential designation above the surrounding MR-5 and would not be out of character with the area. Given the applicant’s proposed utilization of the TDR program and proposed conditions of approval, the amendment is consistent with the Growth Management Direction.

3. Piecemeal Development - Policy 2.1-h: The County shall not approve site specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels.

Staff Analysis: The definition of piecemeal development in the Comprehensive Plan describes “A situation where land, under single ownership or significant legal or equitable interest (by a person as defined in Section 380.0651[4] F.S., is developed on an incremental basis, or one piece at a time, with no coordination or overall planning for the site as a whole.” The subject site is currently comprised of six parcels that are the remainder surplus parcels from construction of the Turnpike south bound interchange to the east. All of the surplus parcels are under contract by the FDOT and Florida’s Turnpike Enterprise for sale and purchase by the applicant/contract purchaser. The applicant proposes to subdivide all the parcels for development of 3 acres of commercial and 27 acres of residential with both components relying on a non-planned collector roadway proposed to be constructed generally aligned along the current Hooks Road location for ingress and egress to Lake Worth Road. Even though the site is proposed to be subdivided for development in two designations, each portion is proposed to have access to the same roadway and are being considered together with this proposed amendment. Therefore, the proposed amendment is not piecemeal, and does not create a residual parcel.

B. Consistency with Urban/Suburban Tier Requirements for the Specific FLU Future Land Use Element Objective 1.1, Managed Growth Tier System, states that “Palm Beach County shall implement the Managed Growth Tier System strategies to protect viable existing neighborhoods and communities and to direct the location and timing of future development within 5 geographically specific Tiers…..” The property is located in the Urban/Suburban Tier. The Comprehensive Plan contains several policies addressing future land uses in the Urban/Suburban Tier. 1. Policy 1.2-a: Within the Urban/Suburban Tier, Palm Beach County shall protect the

character of its urban and suburban communities by:

1. Allowing services and facilities consistent with the needs of urban and suburban development;

2. Providing for affordable housing and employment opportunities; 3. Providing for open space and recreational opportunities; 4. Protecting historic, and cultural resources; 5. Preserving and enhancing natural resources and environmental systems; and,


6. Ensuring development is compatible with the scale, mass, intensity of use, height, and character of urban or suburban communities.

Staff Analysis: The entire eastern border of the site is adjacent to Florida’s Turnpike and the Turnpike interchange. The residential portion of the proposed amendment is adjacent to approved and under construction residential development (Fields of Gulfstream PUD) with MR-5 & LR-3 future land use to the west and south with two story townhomes and a mix of one and two story zero lot line units. Actual densities range from over 10 units per acre to just under 5 units per acre directly adjacent to the subject site. The proposed amendment to HR-8 would introduce a multifamily unit development and allow for a mix of unit types and development that is compatible with the surrounding communities considering the surrounding densities and designations. The concurrent Zoning application is proposing three story multifamily structures. The proposed commercial portion to a CH future land use fronts on Lake Worth Road and has existing CH designated property to the west as well. Therefore, this amendment is consistent with this policy.

2. Density Increases - Policy 2.4-b: The Transfer of Development Rights (TDR) Program

is the required method for increasing density within the County, unless:

1. an applicant can both justify and demonstrate a need for a Future Land Use

Atlas (FLUA) Amendment and demonstrate that the current FLUA designation is

inappropriate, as outlined in the Introduction and Administration Element of the

Comprehensive Plan, or

2. an applicant is using the Workforce Housing Program or the Affordable Housing

Program as outlined in Housing Element Objectives 1.1 and 1.5 of the

Comprehensive Plan and within the ULDC, or

3. an applicant proposes a density increase up to, but not exceeding, the density

proposed by and supported by a Neighborhood Plan prepared in accordance

with FLUE Objective 4.1 and formally received by the BCC. To date, the following

Neighborhood Plan qualifies for this provision:

a. West Lake Worth Road Neighborhood Plan.

TDR Overview: The Comprehensive Plan Future Land Use Atlas identifies the maximum allowable number of dwelling units for each property in the County by the future land use designation. To further specific policy objectives, the Plan also provides several means to increase density where appropriate, without requiring amendments to the Comprehensive Plan. Properties seeking a higher density than allowed by the adopted future land use designation can apply for an increase as follows:

purchase of Transfer of Development Rights (TDR) in designated receiving areas,

use of density bonuses available through the Workforce Housing (WHP), and Affordable Housing (AHP) Programs.

Mandatory TDR Program. Since 1989, the TDR Program is the mandatory method of increasing density under Policy 2.4-b with a few exceptions. Those exceptions are unless the WHP or AHP density bonus is used, or a plan amendment can be justified. Sub-Policy 1 allows properties to be granted a future land use amendment to increase density if the applicant can justify and demonstrate a need for the change, and can demonstrate that the current designation is inappropriate. Sub-Policy 2 allows for increases if utilizing the Workforce Housing or Affordable Housing bonus density programs to achieve the higher


densities. In addition, since 2012, Sub-Policy 3 allows properties within the West Lake Worth Road Neighborhood Plan area to achieve a density increase through the future land use amendment process provided that the proposed increase is identified in the Neighborhood Plan. Properties within the West Lake Worth Road Neighborhood Plan are permitted to achieve a density increase solely through the future land use amendment process, without the use of TDRs and WHP density bonuses, provided that the property is identified in the Neighborhood Plan with the proposed increase. The subject site is not addressed in the neighborhood plan with respect to appropriate increases in density, therefore the site cannot utilize option 3 of this policy and must use the TDR program. The County’s TDR Program was initially adopted in the 1980 Comprehensive Plan, with the intent to: “1) redistribute population to urban areas; 2) protect conservation and coastal zone areas as well as environmentally sensitive lands; 3) protect prime agricultural lands; and 4) provide residential density incentives which would lower housing costs.” The TDR Program allows property owners within the County’s Urban Suburban Tier/Urban Service Area to increase density without a FLUA Amendment by purchasing development rights from a private seller in a designated sending area, or from a TDR bank at a price that is adjusted on an annual basis. The Program is applied during the development review process. A minimum of 35% of TDRs used must be provided as workforce housing units. The cost for a market rate TDR is established as 10% of the County's median home sales price. The County offers workforce housing TDR units at 5% of the market rate TDR price. In addition, a 25% price reduction is afforded for TDR’s that are requested within the neighborhood plan. The site is within the boundary of the neighborhood plan and therefore can be afforded the 25% TDR price reduction. The current prices for both pricing structures (non-neighborhood plan & neighborhood plan price) are provided in Table 1 below.

Table 1. Transfer of Development Rights Unit Prices

PBC Median Sales Price (MSP)* TDR Market Rate

Price TDR WHP

Price

Single Family: $325,000 $32,500 $1,625

Multi Family/Condo: $162,000 $16,200 $810

Neighborhood Plan Price

Single Family: (75% of MSP, $243,750) $24,375 $1,219

Multi Family/Condo:(75% of MSP,$121,500) $12,150 $608

* Data Source: Realtors Association of the Palm Beaches Median Sales Price, March 2017

Current and Potential Bonus Density: As previously stated, the County’s bonus density TDR and WHP Programs allow property owners to increase density through the Zoning process without an amendment to change the future land use designation. The amount of bonus density available varies depending on the future land use designation and other variables. Unlike the TDR bonus density, which allows two, three, or four TDR’s per acre based on a property’s location in the Urban Suburban Tier, it should be noted that since the allowed WHP bonus density is a percentage of the units allowed by the residential future land use designation, higher residential designations would commensurately allow higher numbers of bonus units. For example, 50% of the units resulting from a property with HR-8 is significantly higher than 50% of an MR-5 designated property (108 vs 68 WHP bonus units).


Table 2 below provides a comparison of the density available on the subject site through the TDR and WHP Programs for LR-2, the current designation, LR-3, MR-5, and HR-8, the proposed designation. The table identifies the Future Land Use units from Table 3, and identifies the maximum allowable units using a combination of the TDR and WHP bonus programs to increase density. Finally, Table 2 below indicates the number of WHP units that would be required should the subject site develop pursuing the maximum WHP density bonus and the proposed TDR bonus utilizing the minimum ULDC requirements compared to the staff recommendation with conditions.

Table 2. Current and Potential Density with TDR and WHP Bonus

FLU FLU Units

TDR Bonus

WHP Bonus*

Total Workforce

Units Density Units %

Current LR-2 54 +54 +17 125 4.6 du/Ac 23 23%

Next FLU LR-3 81 +54 +24 159 5.9 du/Ac 34 21%

Next FLU MR-5 135 +54 +68 257 9.5 du/Ac 52 20%

Next FLU HR-8 216 +54 +108 378 14 du/Ac 72 19%

Proposed FLU and Zoning Request

HR-8 216 +51 +108 375 13.9 du/Ac 71 18.919%

Staff Recomm.

HR-8 216 +51 +108 375 13.9 du/Ac 94 25%

* A maximum 30% WHP bonus density is allowed for LR-2 & LR-3. A 50% WHP bonus density is

the maximum determined to be allowed for MR-5 and above for this specific site. Staff Analysis: As shown in Table 2, the site could achieve up to 125 dwelling units (4.6 units per acre) using a combination of TDR and WHP programs with the current future land use designation (LR-2). Since this figure is less than the applicant’s proposed 375 dwelling units (13.9 units per acre), the applicant is seeking the future land use amendment. The amendment would increase the future land use density from LR-2 to HR-8, thereby increasing the future land use dwelling units from 54 to 216 units, plus additional density from TDRs and WHP density bonus. The applicant proposes the purchase of the 51 available TDR units and the allowed 50% WHP bonus density in the concurrent zoning application. The concurrent zoning application is therefore seeking approval for 13.9 units per acre (375 total dwelling units) as shown as “Proposed FLU and Zoning Request” in Table 2 utilizing the base future land use density (216 units), 51 TDR units, and a 108 unit WHP bonus units. Seventy-one of these dwelling units (18.9%) are required to be WHP per the ULDC.

Recognizing that the applicant is receiving a substantial benefit in the form of a density increase through the amendment process, in recent years staff has recommended, and the Board has approved, a condition typically requiring 25% percentage of units to be provided as workforce, with the units to be provided on site. Staff is therefore recommending conditions of approval to require 25% of all dwelling units be provided on site as WHP units and to require purchase of the 51 TDR units. This condition of approval would increase the amount of WHP units from the ULDC required 71 (18.9%) by 23 units for a total of 94 WHP units. Since the applicant has met the justification requirements for a future land use amendment, and with the inclusion of the recommended conditions for TDR and WHP percentage, the proposed amendment is consistent with Policy 2.4-b.


Following the Transmittal public hearing, the concurrent Zoning application was revised by the applicant to reduce the requested WHP bonus density to 30% and delete the TDR request. The concurrent Zoning application now reflects 280 units which includes 64 WHP bonus density units (30% WHP bonus), for a density of 10.3 units per acre, 53 of which would be required as workforce housing (19%). The condition of approval requires the applicant to return with a subsequent zoning application to request the purchase of the required 51 TDRs and additional units through the WHP bonus.

3. Housing Element, Policy 1.1-o: The County shall preserve affordability of affordable housing units developed through the Workforce Housing Program and the Affordable Housing Program as follows: 1. The Workforce Housing Program will target households with incomes ranging from

60%-140% of area median income. 2. The Affordable Housing Program will target households at or below 60% of area

median income. The Workforce Housing Program and Affordable Housing Program units shall be made available at a rate affordable to the specified income groups, and only to income-eligible households for a period of time to be set forth in the Unified Land Development Code (ULDC). All Workforce Housing Program and Affordable Housing Program criteria shall be subject to the review and approval of the Board of County Commissioners.

Workforce Housing Program This policy of the Comprehensive Plan is implemented through the WHP, found in Article 5 of the County’s ULDC. Under this program, any residential development of 10 or more units in the Urban/Suburban Tier is required to provide a percentage of units as WH units. In addition, under the WHP program, there is the option to further increase density through a WH Density Bonus in exchange for an additional percentage of units to be dedicated as WH units. The WH units are to be for-sale or rental units, affordable to households having 60% to 140% of area median income. (The 2017 Area Median Income in Palm Beach County was $67,900 for a family of four.) The Workforce Housing obligation can be met through construction of the WH units, either on or off site, or through payment of an in lieu fee, currently $81,500 for for-sale units, and $50,000 for rental units. Workforce Housing Obligation The mandatory workforce housing obligation based on the future land use designation would require up to 7.9%, depending on whether the developer chose the Limited or Full Incentive option available in the WHP. Table 3 shows the mandatory obligation for the site under the current and proposed designations without bonus density and the maximum percentages required under the Full Incentive option.

Table 3. Current and Proposed Future Land Use Units

Acres FLU FLU Density

FLU Units Workforce*

Units %

Current 27.02 LR-2 2 du/ac 54 4 7.4%

Proposed 27.02 HR-8 8 du/ac 216 17 7.9%

Increase - - +6 du/ac +162 +13 -


*Required Workforce Units based on Full Incentive Option of 5% of Standard Density and 16% of PUD density established in the ULDC. A Limited Incentive Option would be based on 2.5% and 8% respectively and would yield fewer Workforce units. Workforce Housing Density Bonus The County’s Workforce Housing Program (WHP) also allows density increases without a future land use amendment through the WHP Bonus Density option. This option allows density bonus in exchange for a larger percentage of units dedicated as workforce housing. Density bonuses are limited to a maximum of 30% for future land use designations of LR-1, LR-2, and LR-3, with higher bonuses up to 100% available for MR-5, HR-8, and HR-12. For MR-5 and above, the maximum bonus is preliminarily determined based on the concentration of low and very low income households within the Census tract or tracts where the subject site is located. Any request however for WHP bonus density above 30% in the MR-5 or higher categories requires a Workforce Housing pre-application to be submitted to the Planning Division prior to a Zoning application for analysis and a bonus density determination for a specific site. A request for 30% or less does not require verification based on census tract or a pre application. The original concurrent PUD zoning application submitted in January of 2018 was based on HR-12 and included a less than 30% WHP bonus density of approximately 15%. No TDR application was included at that time. Revisions submitted with the PUD zoning application on 6/25/18 based on a proposed future land use of HR-8 included a request for a greater than 30% WHP bonus density which required a Workforce Housing pre-application to be submitted to the Planning Division. The Planning Division issued a Pre-Application density bonus determination letter, dated May 21, 2018 (Exhibit 8), to the applicant which included a maximum 50% WHP bonus density allowance, subject to compatibility, site constraints, and other factors to be reviewed as part of the zoning application.

Staff Analysis: As shown in Table 2, the amendment proposes to increase the allowable density on the site with bonus density programs. If the site was developed with the maximum TDR and WHP bonus under the adopted LR-2 designation, 23 workforce housing units would be required (23% of all units). With the initially requested 375 dwelling units, this amendment would increase the number of required workforce units to 71 (18.9% of all units). The staff proposed 25% workforce housing condition would increase the workforce units to 94 units (25%), thereby contributing significantly to the provision of workforce units in the area.

4. Commercial Location Criteria. Policy 2.2.2-a: In order to discourage strip commercial

development, to limit commercial development to nodes, to foster interconnectivity, and to promote the development of innovated mixed use projects inside the Urban Service Area, all new commercial future land use designations shall meet one of the following location requirements:

Intersection Location: o Commercial Low, High Office, or High future land use designations shall

have frontage on two built roadway segments identified as an arterial road and a collector road, or two arterial roads.

o Alternatively, new commercial future land use designations may be located on the north side of Southern Boulevard/State Road 80 at the intersection of Cleary Road on parcels no more than two acres in size.


Contiguous Location – All new commercial future land use designations shall be contiguous to a lot(s) with a commercial future land use designation. Contiguous is defined as lot(s) that share a common border. Lots that touch point-to-point, and lots which are separated by waterways, streets, or major easements are not considered contiguous.

Flexible Location – Mixed-use development patterns identified in the Future Land Use Element (e.g. LCC, TMD, TND) or Commercial Low-Office future land use designations may be allowed in any location along all arterial or collector roads.

Roadway classifications are listed in Figure TE 3.1, Functional Classification of Roads.

Staff Analysis: The subject site currently shares its western boundary with the commercially designated land to the west of the site, and therefore meets the “Contiguous Location” criterion to apply for a commercial land use designation. As proposed through the concurrent Zoning application, the applicant is proposing to create a non-planned collector roadway required for access for the residential portion and to be included with the rezoning of the residential portion, severing contiguity of the proposed commercial with the existing commercial to the west as the two site will no longer share a common border. Therefore, the proposed amendment in combination with the associated zoning application did not meet the location criteria, and was inconsistent with this policy. However, as the site is adjacent to the Florida Turnpike interchange, the proposed commercial parcel will share the roadway for access, and with conditions of approval for connectivity to the commercial parcel to the west from the non-planned collector road, the amendment is consistent with this policy.

C. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. Surrounding Land Uses: Immediately abutting the site are the following:

North: To the north, the site is separated from Lake Worth Road by the Lake Worth Drainage District L-12 lateral canal. Across Lake Worth Road to the north are built commercial properties with Commercial High (CH/2), Commercial Low (CL/3), and Commercial Low-Office (CL-O/2) future land use designations with a range of uses including office, self-storage, indoor entertainment (skating rink), fast food restaurant, hotel, and a convenience store with gas sales. East: To the east, is the Lake Worth Drainage District E-2 canal and the south bound Florida’s Turnpike interchange and toll facility. South and West: To the south and west is Gulfstream Polo Properties PUD (aka Fields of Gulfstream), a 973 unit community with a mix of single family, zero lot line, and townhouse unit types currently under construction. Various portions of the PUD were subject to a number of previous Future Land Use amendments increasing the future land use from LR-2 to LR-3 or LR-2 to MR-5 with caps on density to 3 du/ac or 5 du/acre respectively adopted by Ordinance in the prior Future Land Use Amendments. This development with caps and with a mix of LR-3 and MR-5 is approved at a density of 4.34 dwelling units per acre. The townhouse units border the site to the west in Pod A and a


portion of the development known as Pod B which is under construction and the zero lot line units border the site to the south and are in also in Pod B and also under construction. West: To the west near Lake Worth Road is a 20 acre site previously subject to a FLUA amendment in 2009 that changed its future land use from LR-2 to CH/2 with conditions requiring the site to develop subject to certain design criteria and to develop as a Lifestyle Commercial Center (LCC) with a mix of uses. There are multiple parcels and several landowners. These properties do not have commercial zoning approval as yet and are currently developed with two single family homes and have equestrian uses or are vacant.

FLUE Policy 2.1-f states that “the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity.” And FLUE Policy 2.2.1-b states that “Areas designated for Residential use shall be protected from encroachment of incompatible future land uses and regulations shall be maintain to protect residential areas from adverse impacts of adjacent land uses. Non-residential future land uses shall be permitted only when compatible with residential areas, and when the use furthers the Goals, Objectives, and Policies of the Plan.”

Applicant’s Description: The applicant states "that the proposed development will be designed and undertaken so as to ensure the density is not in conflict with the surrounding area."

Staff Analysis: In the past several years, there have been an increasing number of amendments that seek to increase residential density through a combination of the future land use amendment process and the TDR and WHP density bonus programs. The review of these amendments make it increasingly apparent that these components cannot be analyzed independently, because the granting of an amendment has an impact on the amount of WHP density bonus and TDRs that become available to the project. Increasingly, requests for amendments, WHP density bonuses, and TDRs, or combinations of these, are for sites that represent infill, within existing patterns of development. Ultimately, the finding of compatibility that is required as part of the assessment of a proposed amendment must take into consideration the potential for additional density increases resulting from the density bonus programs, and the impacts of this density on the surrounding area, as part of the amendment process. The proposed commercial designation on the north edge of the site would be compatible with the adjacent commercially approved site to the west. The applicant intends 13.9 units per acre (375 units) in a subsequent development order amendment to the concurrent zoning application, and this figure will be capped in this amendment due to traffic analysis. The residential portion of the subject site is surrounded to the west and south by an MR-5 designation. Although the gross density of the Fields of Gulfstream development to the west and south is less than 5 units per acre overall the majority of the area directly adjacent to the subject site is under construction with 2 story townhomes at a density over 10 units per acre. These units are under construction as either 4 townhomes or 6 townhomes unit structures. An additional area to the north, Pod A, yet to be developed, is planned for townhomes at almost 6 units per acre. The area to the south of the subject site within the Fields of Gulfstream is developing with 38 zero lot line homes, with 17 of those directly bordering the site and comprised of a mix of 1 or 2 story units. A variance was approved


on these lots to allow the homes to exceed the maximum building coverage on the lots from 50% to 55%. This area is developing at roughly 4.7 units per acre. The residential HR-8 designation is the next residential category higher from the surrounding MR-5 designation. Although the proposed gross density for the site is 13.9 units per acre and is higher than the existing surrounding MR-5, the difference is not significant given the actual net density directly adjacent in the Fields of Gulfstream PUD. There are no compatibility issues with Florida’s Turnpike that borders the entire site to the east and the proposed amendment is compatible with existing and proposed residential and commercial to the west and south.

D. Consistency with County Overlays, Plans, and Studies 1. Overlays – FLUE Policy 2.1-k states “Palm Beach County shall utilize a series of overlays

to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series.”

Staff Analysis: The subject site is not located within an overlay.

2. Neighborhood Plans and Studies – FLUE Policy 4.1-c states “The County shall

consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval……” Staff Analysis: The subject site is located within the West Lake Worth Road Neighborhood Plan which anticipated that the subject site would be developed for Turnpike purposes it was purchased by FDOT for planned interchange improvements. Although the property owners could develop the properties potentially as residential utilizing the LR-2 designation assigned to the property on the Comprehensive Plan's Future Land Use Atlas, no density increase is identified for this site on the Master Plan. Given that Neighborhood Plan does not identify the site for any increases, the site does not qualify for an exemption from utilizing the County’s TDR bonus density program as listed in Policy 2.4-b. The proposed future land use of HR-8 with bonus densities of almost 14 units per acre is more than double the surrounding MR-5 designation with caps at 5 units per acre. As seen in the compatibility section however actual densities vary directly adjacent to the subject site depending on how units are clustered within the Fields of Gulfstream PUD. For the properties identified in the neighborhood plan with increases, the highest overall density is 5 units per acre. It would be speculation as to whether a 5 units per acre density would have been assigned in the neighborhood plan master plan to the subject site. Therefore, the proposed amendment is neither consistent nor inconsistent with the neighborhood plan. The Lake Worth Coalition, Inc., a major stakeholder in formulating the Plan, has not submitted any changes to the Neighborhood Plan for consideration for the BCC to receive and file since the formulation of the plan and its original receipt by the BCC in 2009.


E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from LR-2 to HR-8 for the purposes of developing up to 216 rental apartments (375 with proposed WHP and TDR bonus density) and 3 acres of Commercial High. Public facilities impacts are detailed in the table in Exhibit 3. 1. Facilities and Services – FLUE Policy 2.1-a: The future land use designations, and

corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review. Although there are public facilities and services available to support the amendment, and the amendment does not exceed natural constraints, there are manmade constraints that are of concern for traffic purposes. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. No adverse comments were received from the following departments and agencies regarding impacts on public facilities for the Future Land Use Atlas Amendment: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning Division), Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District.

2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which:

1) results in an increase in density or intensity of development generating additional

traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard “D” based upon cumulative traffic comprised of the following parts a), b), c) and d):………

Staff Analysis: The traffic analysis is based upon a maximum of 375 apartments for the residential portion, and up to .35 general retail (typical maximum) or 12,998 s.f. of daycare and 2,900 sf of fast food restaurant, and 2,500 sf of office. Since the trip generation for the proposed development plan exceeds the typical, a condition of approval is required. The Traffic letter concludes “Based on the review, the Traffic Division has determined the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan at the maximum potential shown above", and “Therefore, this amendment requires a condition of approval to cap the project at the proposed development potential or equivalent trips”

The Traffic Study (see Exhibit 5) was prepared by JFO Group Inc., 11924 Forest Hill Blvd., Suite 10A-123, Wellington, FL 33414. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://www.pbcgov.com/pzb/planning/activeamend/

http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx


3. School District Comments: The School District indicated in the School Capacity

Availability Determination letter, or SCAD, dated 11/3/2017 (Exhibit 7) that the proposed amendment will negatively impact the Public School system for the High School (Park Vista High School) and resulting in a Utilization Percentage of 102%. The District stated “In order to address the school capacity deficiency created by this proposed amendment at the District high school level, the property owner is required to contribute a total of $722,673 to the School District of Palm Beach County prior to issuance of the first building permit”. This contribution would be proposed by the School District in the concurrent zoning application.

4. Zoning implications: Concurrent Zoning applications were initially submitted in January

of 2018 and not initially deemed sufficient for distribution to County departments for comments. Additionally, not all departments had finalized their initial review of the zoning applications at the time of publication of the prior FLUA report on April 6 that was based on a proposed amendment to HR-12 and CH. Subsequent to revising the FLUA application in May of 2018 with a revision to propose HR-8 and CH, the applicant submitted revisions to the concurrent zoning applications on June 25, 2018. Significant revisions to the Zoning applications have been submitted including but not limited to a greater than 30% WHP bonus density and a TDR application to purchase over 50 TDR’s. The applicant also withdrew the zoning request for a gas station that was originally proposed and replaced it with other non-residential uses (office, restaurant, and day care-general). Additional comments may be provided through the Zoning process as the zoning applications are further reviewed and revised that may affect implementation of the proposed Future Land Use designations. However, the concurrent zoning applications will be required to be heard by the BCC with the proposed amendment. A condition is proposed to ensure that the applications are heard at the same hearing by the BCC. PBC Engineering Dept.–Traffic Division: Though the project meets Palm Beach County Comprehensive Plan, Future Land Use Element Policy 3.5-d as stated above, the County’s Traffic Division indicated that it is anticipated that the location of the project adjacent to the Florida Turnpike interchange will create substantial challenges for the project’s access onto Lake Worth Road, a roadway which already experiences a substantial amount of traffic. Direct access to the site is expected to be through Hooks Road, which is only 550 feet west of the Turnpike southbound interchange ramps. All the exiting traffic from the proposed non-residential development and proposed 375 unit apartment units are also proposed to make a right turn (eastbound) exiting from Hooks Road. A directional median break on Lake Worth Rd. at this location will not allow for left turns out to travel westbound. This creates a situation wherein a substantial portion of traffic exiting from Hooks Road will cross three eastbound through lanes on Lake Worth Rd. within a very short distance to access a short eastbound left turn lane at the Turnpike Interchange signal in order to make a U-turn movement to travel westbound on Lake Worth Road. This short left turn lane may not only be inadequate to handle the substantial amount of left plus U-turn traffic, but in addition, may also pose safety issues. It is also anticipated that in many instances, there will be long eastbound queuing on Lake Worth Rd. that will make it difficult, unsafe, and uncomfortable to exit from Hooks Road. A potential solution could be to limit the project’s access to Polo Road to the west, a Thoroughfare Plan roadway that connects to Lake Worth and Lyons Road (via 47th Place South). The intersection of Lake Worth Road and Polo Road is anticipated to be a signalized intersection. However, the ability to make a connection to Polo Road by the contract purchaser/developer is uncertain at this time. In addition, The Florida Department of Transportation, who has the responsibility to maintain Lake Worth Road


and approved driveway connections, has already approved the developer requested access connection (through Hooks Rd. with right-in/right-out, and left-in on Lake Worth Rd.). The County’s jurisdiction on approving a driveway on Lake Worth Rd. is limited.

II. Public and Municipal Review

The Comprehensive Plan Intergovernmental Coordination Element Policy 1.1-c states that “Palm Beach County will continue to ensure coordination between the County’s Comprehensive Plan and plan amendments and land use decisions with the existing plans of adjacent governments and governmental entities…..” A. Intergovernmental Coordination: Notification of this amendment was sent to the Palm

Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for review on March 27, 2018 and again on May 21, 2018. To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on March 26, 2018 and again on June 21, 2018 to the City of Greenacres. As of the writing of this report, no comments have been received.

B. Other Notice: Public notice by letter was mailed to the owners of properties within 500'

of the perimeter of the site on March 26, 2018 and again on June 22, 2018. In addition, on March 26, 2018 and again on June 21, 2018, the Lake Worth Road Coalition, Inc. and the following Home Owners Associations within the West Lake Worth Road Neighborhood Plan area were notified by mail: Summer Chase, Cypress Trails, Bent Creek, Legend Lake Estates, Cypress Woods, Woods Walk, Cypress Lake Estates, and Cedar Creek Ranch. Letters received are included in Exhibit 10.

C. Informational Meeting: The Planning Division hosted a meeting for area residents and

interested parties to relay information regarding the amendment and development approval process on April 3, 2018 and again on July 5, 2018. At the April 3rd meeting, five members of the public attended, one of which was the President of the Lake Worth Coalition, Inc. All were opposed to the project with concerns regarding the gas station, the increased density, inconsistency with the Neighborhood Plan, existing traffic issues and impact from traffic, and traffic safety concerns due to the proximity of the projects to the turnpike signalized intersection and vehicles having to make U-turns from the project at the light to travel west. Concerns were also expressed regarding the lack of a connection to Polo Road to the west where a signalized intersection is anticipated.

III. Conclusions and Recommendation

The amendment proposes to change the future land use designation from Low Residential, 2 units per acre (LR-2), to High Residential, 8 units per acre on 27.02 acres and Commercial High (CH) on 3 acres. Under LR-2 the applicant can develop up to 125 dwelling units (4.6 units per acre) using all available density bonuses through the Transfer of Development Rights (TDR) and Workforce Housing (WHP) Programs. The applicant’s intent for the HR-8 portion is to develop a 375 multifamily housing development (14 units per acre density) with 108 of the proposed units requested as Workforce Housing Program (WHP) density bonus and 51 units requested as Transfer of Development Rights (TDR) density bonus as part of a subsequent zoning application. The applicant is seeking approval for a restaurant, offices, and child care center on the CH portion.

The site is located in a suburban area on Lake Worth Road, just west of the Florida Turnpike and within the West Lake Worth Road Neighborhood Plan area. The Commercial portion of the site


met the Commercial Location Criteria under the current configuration since it shares a common boundary with a commercial property to the west. Although, the proposed Zoning application’s non planned collector road along this boundary will sever this contiguity, the proposed condition requiring cross access will ensure that the request is consistent with this policy. Policy 2.4-b requires the use of the TDR program as the mandatory method of increasing density unless the property owner can provide an adequate justification and demonstration that the current density is inappropriate. The applicant is seeking a density higher than available under the LR-2 designation. The proposed amendment is appropriate, compatible, and consistent with Comprehensive Plan amendment policies to increase density with the conditions including the requirement for WHP and the purchase of TDRs. As such, staff recommends approval with conditions of the applicant’s request.

Exhibits Page

1. Future Land Use Map & Legal Description E-1

2. Applicant’s Justification/Consistency with Comprehensive Plan and Florida Statutes E-5

3. Applicant’s Public Facility Impacts Table E-14

4. Applicant’s Traffic Study (available to the LPA/BCC upon request) E-17

5. Palm Beach County Traffic Division Letter E-18

6. Water & Wastewater Provider LOS Letter E-20

7. School District Concurrency LOS Letter E-21

8. WHP Pre-Application Bonus Density Determination Letter E-22

9. Applicant’s Disclosure of Ownership Interests E-23

10. Correspondence E-35

18-D FLUA Amendment Staff Report E - 1 Lake Worth Royale (LGA 2018-0015)

Exhibit 1

Amendment No: Lake Worth Royale (LGA 2018-015)

FLUA Page No: 76

Amendment: From Low Residential, 2 units per acre (LR-2), to Commercial High with underlying LR-2 (CH/2) on 3 acres and High Residential,8 units per acre (HR-8) on 27.02 acres


Size: 30.02 acres

PCN: 00-42-43-27-05-028-0021; 00-42-43-27-05-028-0151; 00-42-43-27-05-028-0171; 00-42-43-27-05-028-0172; 00-42-43-27-05-028-0181; 00-42-43-27-05-028-0312

Conditions: Development of the site is subject to the following:

1. Development of the 27.02 acres of HR-8 is limited to a maximum of 375 dwelling units or other uses allowed in a residential future land use designation. Development of the 3 acres under the Commercial High designation is limited to a total maximum net daily trips of 1,147 and a maximum peak hour trips of 141.

2. The residential development shall include the purchase and construction of fifty-one (51) TDR units. The TDR units shall be purchased prior to issuance of first building permit.

32. The residential Zoning development order shall require at least 19% of the total residential density

as workforce housing units subject to the following requirements: a. The property owner shall provide these workforce housing units on site, and between 60- 140%

of the Area Median Income ranges for the County, in four ranges (60-80%, >80 -100%, >100 -

120%, and >120 – 140%); and

b. The workforce housing units shall be provided in all unit types. These workforce housing units

shall be provided in unit types that have 2 bedrooms or greater.

43. Vehicular and pedestrian connections shall provide cross access to the commercial parcel to the west and a connection to the residential project to the west to provide for connectivity to Polo Road.

4. The proposed Comprehensive Plan Future Land Use Amendment and the proposed rezoning shall

be considered for adoption by the BCC at the same public hearing.


Legal Description

LEGAL DESCRIPTION (COMMERCIAL ROYALE - COMMERCIAL PARCEL)

A PARCEL OF LAND BEING A PORTION OF TRACT 2, BLOCK 28, PALM BEACH FARMS COMPANY

PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45

THROUGH 54, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN

SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING

MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF THE FIELDS AT GULFSTREAM

POLO PUD - PLAT ONE ACCORDING WITH THE PLAT THEREOF AS RECORDED IN PLAT BOOK 123,

PAGE 80, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89°03'30" EAST,

ALONG THE EASTERLY EXTENSION OF SAID PLAT, ALSO BEING COINCIDENT WITH THE NORTH

LINE OF TRACT 15, BLOCK 28 OF THE PLAT OF PALM BEACH FARMS COMPANY PLAT NO. 3

ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54,

PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, A DISTANCE OF 404.81 FEET TO THE

WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY AS RECORDED IN

OFFICIAL RECORDS BOOK 24358, PAGE 1059, PUBLIC RECORDS OF PALM BEACH COUNTY,

FLORIDA; THENCE NORTH 01°48'42" EAST, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE, A

DISTANCE OF 178.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01°48'42"

EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 377.70 FEET; THENCE NORTH

89°27'29" WEST ALONG THE SOUTHERLY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT

RIGHT-OF-WAY, A DISTANCE OF 182.82 FEET; THENCE SOUTH 89°02'31" WEST ALONG SAID

SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 93.25 FEET; THENCE NORTH 85°23'17" WEST

ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 75.86 FEET; THENCE SOUTH

00°56'30" EAST DEPARTING SAID SOUTHERLY LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-

OF-WAY, A DISTANCE OF 389.31 FEET; THENCE NORTH 89°03'30" EAST, A DISTANCE OF 333.37

FEET TO THE AFOREMENTIONED POINT OF BEGINNING.

CONTAINING 130,698 SQUARE FEET OR 3.00 ACRES MORE OR LESS.

LEGAL DESCRIPTION (LAKE WORTH ROYALE - RESIDENTIAL PUD) A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING A PORTION TRACTS 2, 15, 17, 18, 31 AND 32 TOGETHER WITH THAT PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY LYING BETWEEN SAID TRACTS 15 AND 18, ALL IN BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3 AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF FIELDS AT GULFSTREAM POLO - PLAT ONE, AS RECORDED IN PLAT BOOK 123, PAGES 80 THROUGH 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00°56'30" WEST ALONG THE WEST LINE OF SAID TRACT 2, BLOCK 28, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID FIELDS AT GULFSTREAM POLO - PLAT ONE, A DISTANCE OF 575.07 FEET TO A POINT ON THE SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 24358, PAGE 1059 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 85°23'17" EAST ALONG SAID SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, A DISTANCE OF 80.38 FEET; THENCE SOUTH 00°56'30" EAST, DEPARTING SAID RIGHT-


OF-WAY, A DISTANCE OF 389.31 FEET; THENCE NORTH 89°03'30" EAST, A DISTANCE OF 333.37 FEET TO A POINT ON THE WESTERLY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY; THENCE SOUTH 01°48'42" WEST, A DISTANCE OF 522.55 FEET; THENCE SOUTH 02°28'02" EAST, A DISTANCE OF 30.90 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 552.19 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 44°22'48", A DISTANCE OF 427.71 FEET TO A POINT OF TANGENCY; THENCE SOUTH 46°50'50" EAST, A DISTANCE OF 146.86 FEET; THENCE SOUTH 44°08'44" EAST, A DISTANCE OF 74.36 FEET (THE PRECEDING FIVE COURSES BEING COINCIDENT WITH SAID WESTERLY LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 24358, PAGE 1059 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); THENCE SOUTH 45°51'16" WEST DEPARTING SAID RIGHT-OF-WAY, A DISTANCE OF 10.30 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 811.46 FEET AND WHOSE CENTER BEARS SOUTH 45°51'16" WEST, FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43°08'08", A DISTANCE OF 610.91 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°00'36" EAST, A DISTANCE OF 177.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 11628.54 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°08'08", A DISTANCE OF 27.52 FEET TO A POINT OF NON-TANGENCY, SAID POINT BEING A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID TRACTS 31 AND 32, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, SAID POINT ALSO BEING THE NORTH LINE OF TRACT L-5, AS SHOWN ON SAID FIELDS AT GULFSTREAM POLO - PLAT ONE; THENCE SOUTH 89°03'30" WEST ALONG SAID SOUTH LINE OF THE NORTH HALF OF TRACTS 31 AND 32, BLOCK 28 AND SAID NORTH LINE OF TRACT L-5, A DISTANCE OF 925.96 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 31, BLOCK 28, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID FIELDS AT GULFSTREAM POLO - PLAT ONE; THENCE NORTH 00°56'30" WEST ALONG THE WEST LINE OF SAID TRACTS 15, 18 AND 31, BLOCK 28 AND THE WEST LINE OF SAID 30 FOOT WIDE RIGHT-OF-WAY AND SAID EAST LINE OF FIELDS AT GULFSTREAM POLO - PLAT ONE, A DISTANCE OF 1680.00 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. (30' PALM BEACH FARMS CO. PLAT NO. 3 RIGHT-OF-WAY AREA = 0.336 ACRES - "TO BE ABANDONED") (RESIDUAL RESIDENTIAL PUD LAND AREA = 27.018 ACRES) THE TOTAL LAND AREA = 27.354 ACRES (1,191,554 SQUARE FEET) MORE OR LESS.


Exhibit 2

Applicant’s Justification Statement, Consistency, and Compatibility

The Applicant, TLH-82 DOT, LLC, is the contract purchaser of the Subject Property from The Florida Department of Transportation. The Subject Property is approximately thirty (30) acres in size located at the southwest corner of the intersection of Lake Worth Road and Florida’s Turnpike in unincorporated Palm Beach County. The Subject Property is vacant; the natural features of the site have been disturbed through human activity such that no significant natural communities remain. The Applicant requests a Comprehensive Plan Future Land Use Atlas (FLUA) Amendment for the Subject Property from LR-2 (Low Density Residential - two dwelling units per acre) to two separate FLUA designations; three acres to CH (Commercial High) and the balance, approximately 27 acres, to High Residential 8-units per acre (HR-8). A concurrent zoning application has been submitted with this application. The applicant will be requesting zoning designations of CG (Commercial General) and PUD (Planned Unit Development). No text amendments are requested with this petition. Introduction The Subject Property was acquired by the Florida Department of Transportation (FDOT) in 2007 & 2008 to be included in the southbound interchange project at Lake Worth Road and Florida’s Turnpike and was intended to be used primarily for drainage purposes. Ultimately, FDOT determined that the Subject Property was not necessary for the project and declared it surplus. The Subject Property is in the Urban/Suburban Tier and has a Palm Beach County Comprehensive Plan Future Land Use designation of LR-2, a residential designation allowing two dwelling units per acre. The Applicant proposes to change the designation of the northern three acres of the site, at the intersection of Lake Worth Road and Florida’s Turnpike, to CH, a commercial use designation. The Applicant proposes to change the designation of the southern 27 acres to High Residential 8-units per acre (HR-8). As part of its traffic analysis, the applicant intends to provide for a specific condition for the maximum density and intensity of the proposed development. For the residential component this will include the use of TDR’s and density bonus within the Workforce Housing program resulting in a total of 375 dwelling units. Similarly, the commercial component of the site will be limited to the trip generation of the proposed uses. Based on the submitted traffic analysis, this will establish the maximum permitted density and intensity allowed pursuant to this application and is consistent with the traffic performance requirements of this application. Regulatory History The Subject Property was part of a larger approved PUD known as Allie Polo Estates, which was approved in 2006. That approval provided for 442 dwelling units on approximately 221 acres including the Subject Property as well as properties to the south and west of the subject property. Because the Allie Polo Estates developer failed to meet conditions included on the Development Order, the County invalidated the approval and rezoned the property from PUD to RT. The underlying FLU designation remained LR-2. The property was then acquired by the FDOT to be included in the construction of the southbound Turnpike Interchange as discussed above. Subsequent to the vacation of the Allie Polo Estates approval and FDOT acquisition of the Subject Property, the West Lake Worth Road Coalition published the final draft of their Neighborhood Plan (WLWRNP) that was subsequently accepted by the Palm Beach County BCC on November 11, 2009. The subject property is contained within the boundaries of the Plan’s study area; however, because the Subject Property was owned by FDOT, the site is listed as “Turnpike Interchange” on the included Master Plan and land use options related to this property were not considered or addressed in the in the conclusions and recommendations of the Plan. In May of 2016, the Board of County Commissioners adopted R-2016-0549 granting approval to Pulte Homes for The Fields at Gulfstream Polo PUD, contiguous to the west (partially) and south of the subject property. Included in the approval of this PUD was a Land Use Plan Amendment changing the designation from RL-2 to RM-5 (Residential Medium Density / 5 dwelling units per acre). The property border along the balance of the western property line north of the Pulte Property has a Land Use Designation of CH/2 (Commercial) with an underlying designation of LR-2.


Justification The standards by which the County evaluates a proposed future land use amendment are contained in Policy 2.1-f of the Palm Beach County Comprehensive Plan Future Land Use Element. Policy 2.1-g provides that, “The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County.” This justification will analyze the proposed future land use amendment in the context of these two statements of policy. Policy 2.1-f states, “Before approval of a future land use amendment, the applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:


2. The availability of facilities and services;

3. The adjacent and surrounding development;

4. The future land use balance;

5. The prevention of urban sprawl as defined by 163.3164 (51), F.S…. “Urban sprawl” means a

development pattern characterized by low density, automobile-dependent development with either

a single use or multiple uses that are not functionally related, requiring the extension of public

facilities and services in an inefficient manner, and failing to provide a clear separation between

urban and rural uses.

6. Community Plans and/or Planning Area Special Studies recognized by the Board of County

Commissioners; and

7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1.

Current Land Use Is Inappropriate Policy 2.1-f first provides that an applicant adequately justify that the current land use is inappropriate. The current land use for the subject property is inappropriate for a variety of reasons as discussed below. Initially, it is important to understand the current surrounding land uses, which have changed over time. The following is a map of the current future land use designations of the subject property and surrounding properties.


The subject property is bounded on the south and partially to the west by lands designated as Medium Density, 5 units per acre (MR-5). This is approved as the Fields of Gulfstream Polo PUD. The Fields of Gulfstream Polo PUD property was previously designated LR-2, as the Subject Property currently is but was granted approval for an increase in density through a Future Land Use Amendment after the County made a finding that the LR-2 designation was inappropriately low. The northwestern portion of the site is bounded by property designated CH-2 (Commercial High), similar to the proposed designation for the subject site. The eastern boundary of the site abuts the recently completed turnpike interchange. The County has established a consistent pattern of land use at similar properties along Florida’s Turnpike. The land use pattern is characterized by commercial uses fronting on the arterial road intersecting with the turnpike (e.g., Lake Worth Road) and increased residential densities for the property directly abutting the Turnpike behind the commercially designated land. Nearby examples of this pattern of land use include:

Boynton Beach Blvd & the Turnpike: CH-O/5 & MR-5

Atlantic Ave & the Turnpike: CL/5 & MR-5 & HR-8

Lake Worth Rd (Northbound): CH/8 & HR-12

Okeechobee Blvd & the Turnpike: CH-2 & HR-18

These intersections identify the appropriate land uses for similarly situated properties and demonstrate that the current land use for the Subject Property is inappropriate.


All of the properties fronting on the south side of Lake Worth Road to the west of the subject site are designated for commercial use for more than ½ mile. The property now occupied by the interchange to the east was previously designated commercial and continues to carry this designation on the FLU Map. The subject property represents an island of LR-2 property along this frontage; a designation that is inappropriate for this location and inconsistent with past precedent established by the County. The land use designation for the balance of the subject site to the south of the proposed commercial property is similarly inappropriate. As noted above, the property is bounded by land designated MR-5 on both the west and south and the turnpike interchange to the east, as well as commercial to the west. The pattern of land use the County has established at these similar locations, characterized by commercial along the adjacent arterial and residential densities up to HR-18 in one example, is appropriate; and that the LR-2 land use is inappropriate. The County’s decisions to provide for higher density and commercial uses at the intersection of arterial roads intersecting with Florida’s Turnpike is consistent with accepted planning practice, as is the Applicant’s request. Low density residential property is more sensitive to the externalities created by proximity to such an interchange and is less able to capitalize on the benefits. Low density residential is characterized by increased amounts of private open spaces and yards. The noise and fumes created by an interchange are inconsistent with this type of land use. Multi-family residential land use, however, is better able to address these conflicts through building orientation, noise attenuated construction, air filtration and other strategies typical of larger multi-family structures. At the same time, additional density with commercial frontage along the arterial roadway allows for greater transit opportunities, a counter balance to sprawl development, a balance of land uses in the immediate vicinity and efficient use of existing infrastructure and services. For these reasons, the existing LR-2 designation assigned to the subject property is inappropriate. As noted below, the proposed land use designations are consistent with the remainder of the requirements of the comprehensive plan.


Compatibility with the Surrounding Uses Policy 1.2-f also identifies 7 factors to consider in determining the consistency of the proposed Land Use Designation with the Comprehensive Plan.


The natural environment of the Subject Site has been altered, through human activity, such that no natural communities remain intact.

2. The availability of facilities and services;

Urban facilities se

FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT...

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