22 Commissioners adopted the 1989 Comprehensive Plan by Ordinance No ;

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1 1 ORDINANCE NO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 4 PALM BEACH COUNTY, FLORIDA AMENDING THE COMPREHENSIVE PLAN AS ADOPTED BY ORDINANCE NO , AS 6 AMENDED; AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR 7 THE SITE SPECIFIC AMENDMENT ANDALUCIA RESIDENTIAL (LGA ), MODIFYING PAGES 76 & 81 OF THE FLUA FOR 9 APPROXIMATELY ACRES OF LAND WITH A LOW RESIDENTIAL, 3 10 UNITS PER ACRE (LR-3) FUTURE LAND USE DESIGNATION, 11 GENERALLY LOCATED ON THE EAST SIDE OF LYONS ROAD, SOUTH 12 OF LAKE WORTH ROAD, BY CHANGING THE FUTURE LAND USE 13 DESIGNATION FROM LOW RESIDENTIAL, 3 UNITS PER ACRE (LR-3) TO 14 MEDIUM RESIDENTIAL, 5 UNITS PER ACRE (MR-5) ON ACRES 15 AND REVISING CONDITIONS OF APPROVAL ON THE ENTIRE SITE; AND 16 AMENDING ALL ELEMENTS AS NECESSARY; PROVIDING FOR REPEAL 17 OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING 18 FOR INCLUSION IN THE 1989 COMPREHENSIVE PLAN ; AND 19 PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 31, 1989, the Palm Beach County Board of County 22 Commissioners adopted the 1989 Comprehensive Plan by Ordinance No ; 23 WHEREAS, the Palm Beach County Board of County Commissioners amends the Comprehensive Plan as provided by Chapter 163, Part 11, Florida Statutes; and 25 WHEREAS, Section (2)(a), Florida Statutes, provides that comprehensive 26 plan amendments shall follow the expedited state review process except as set forth in 27 Section (2)(b) and (c), Florida Statues; and 28 WHEREAS, the Palm Beach County Board of County Commissioners have initiated 29 amendments to several elements of the Comprehensive Plan in order to promote the health, 30 safety and welfare of the public of Palm Beach County; and 31 WHEREAS, the proposed amendments meet the requirements of Section (3)(a), Florida Statutes, to be processed through the expedited state review 33 process, and are being processed through the expedited state review process; and 34 WHEREAS, the Palm Beach County Local Planning Agency conducted its public 35 hearing on May 13 and June 10, 2016 to review the proposed amendments to the Palm 36 Beach County Comprehensive Plan and made recommendations regarding the proposed 37 amendments to the Palm Beach County Board of County Commissioners pursuant to 38 Chapter 163, Part 11, Florida Statutes; and 39 WHEREAS, the Palm Beach County Board of County Commissioners, as the 40 governing body of Palm Beach County, conducted a public hearing pursuant to Chapter , Part 11, Florida Statutes, on August 22, 2016 to review the recommendations of the 42 Local Planning Agency, whereupon the Board of County Commissioners authorized 43 transmittal of proposed amendments to the state land planning agency and review agencies 44 pursuant to Chapter 163, Part 11, Florida Statutes; and 1

2 1 WHEREAS, Palm Beach County received a letter from the state land planning 2 agency dated September 23, 2016 stating that the agency had identified no comments 3 related to important state resources and facilities within the Agency's authorized scope of 4 review that will be adversely impacted by the amendment contained in this ordinance if 5 adopted; and 6 WHEREAS, on October 26, 2016 the Palm Beach County Board of County 7 Commissioners held a public hearing to consider adoption of the amendments; and 8 WHEREAS, the Palm Beach County Board of County Commissioners has 9 determined that the amendments comply with the requirements of the Community Planning 10 Act. 11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 12 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 13 Part I. Amendments to the 1989 Comprehensive Plan 14 Amendments to the 1989 Comprehensive Plan are hereby adopted and attached to 15 this Ordinance is Exhibit 1: 16 A. Future Land Use Atlas pages 76 & 81 are amended as follows: 17 Application: Andalucia Residential (LGA ) 18 Amendment: From Low Residential, 3 units per acre (LR-3) to Medium Residential, 5 units 19 per acre (MR-5) on acres, and to revise conditions of approval on the 20 entire site, Location: Size: East side of Lyons Road, south of Lake Worth Road, total acres approximately, 23 Conditions: See Exhibit 1; 24 Part II. Repeal of Laws in Conflict 25 All local laws and ordinances applying to the unincorporated area of Palm Beach 26 County in conflict with any provision of this ordinance are hereby repealed to the extent of 27 such conflict. 28 Part Ill. Severability 29 If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 30 any reason held by the Court to be unconstitutional, inoperative or void, such holding shall 31 not affect the remainder of this Ordinance. 32 Part IV. Inclusion in the 1989 Comprehensive Plan 33 The provision of this Ordinance shall become and be made a part of the 1989 Palm 34 Beach County Comprehensive Plan. The Sections of the Ordinance may be renumbered or 2

3 1 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," 2 "article," or any other appropriate word. 3 Part V. Effective Date 4 The effective date of this plan amendment, if the amendment is not timely 5 challenged, shall be 31 days after the state land planning agency notifies the County that 6 the plan amendment package is complete. If timely challenged, this amendment shall 7 become effective on the date the state land planning agency or the Administration 8 Commission enters a final order determining this adopted amendment to be in compliance. 9 No development orders, development permits, or land uses dependent on this amendment 10 may be issued or commence before it has become effective. If a final order of 11 noncompliance is issued by the Administration Commission, this amendment may 12 nevertheless be made effective by adoption of a resolution affirming its effective status, a 13 copy of which resolution shall be sent to the state land planning agency. 14 APPROVED AND ADOPTED by the Board of County Commissioners of Palm 15 Beach County, on the 26th day of _O_c_t_o_b_e_r, Filed with the Department of State on the 31st day of _O_c_t_o_b_e_r, T:\Planning\AMEND\16-D\Admin\Ordinances\Ord-2-Andalucia PUD.docx 3

4 EXHIBIT 1 A. Future Land Use Atlas pages 76 & 81 are amended as follows: Amendment No: Andalucia Residential (LGA ) Amendment: Location: From Low Residential, 3 units per acre (LR-3) to Medium Residential, 5 units per acre (MR-5) on acres, and to revise conditions of approval on the entire site. East side of Lyons Road, south of Lake Worth Road Size: Property No: acres approximately From LR-3 to MR-5 (38.57 acres) ; ; ; Remaining LR-3 (19.47 acres) Conditions: Revise conditions of approval adopted by Ordinance as shown with deleted text struck out and added text underlined. 1) Development of the site shall comply with the Lake Worth Road Neighborhood Plan Design Guidelines dated November 19, 2009 and the following: a. The project shall provide usable open space and/or institutional uses that may promote social and cultural activities. At least 5% of the project shall be designed as usable open space to create squares, greens, or plazas. Usable Open Space is defined in the Introduction & Administration Element of the Comprehensive Plan. ~ &. Vehicular and pedestrian connection shall be provided to all existing and future adjacent development as identified in the Lake Worth Road Neighborhood Plan Master Plan (at a minimum).!2.:. &.-----The internal street network shall form a block structure to facilitate the pedestrian oriented design of the project. 2) The project may utilize the Transfer of Development Rights and/or the Workforce Housing Program to obtain additional density subject to the following: a. Transfer of Development Rights units may be purchased at a reduced cost. b. The acre portion south of Polo Club Road is limited to maximum of 3 units per acre, with no further density increases permitted subsequent to adoption. c. The acre portion north of Polo Club Road is limited to a maximum of 5 units per acre, with no further density increases permitted subsequent to adoption.,_., Lake Worlh Rd -' -I LR-2 MR~5 I I ~ MR 5 ~: ~ " -0! I l: 8 u, MR-5.21 lr 2 & i I I... "f l u n., n u nj I MR-5 GIJ/fJtr6am Polo ProperlMs I LR 3 i L~: ~:':c.6: 2 : to MR-5! : ,,.,,.,. u ~-r ':.!!._ ~ ~ 1 t. a; ~ I ".ji... A...I ~ LR-3 1 l\-1,.~. ~ : Sl te j to 1 -. LR-3 "~~.' : ilr 3 9 l.r 2 : ~ / I :! ii : ' I I i LR--2. 4

5 Legal Description: TRACT 38, LESS THE NORTH FEET, BLOCK 28, THE PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 41, LESS THE WEST 70 FEET THEROF AS DESCRIBED IN OFFICIAL RECORD BOOK 4549, PAGE 1311, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS 42 AND 43, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS 53 AND 60, LESS THE SOUTH 35 FEET OF TRACT 60, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND LYING IN TRACT 44, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, INCLUSIVE, PUBLIC RECORS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARIL Y DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 44; THENCE NORTH 00000'29" WEST ALONG THE WEST LINE OF SAID TRACT 44, A DISTANCE OF FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF FEET AND WHOSE CHORD BEARS SOUTH 82006'07" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14027'05:, A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH '34" EAST, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14039'56", A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 44; THENCE SOUTH 89059'31" WEST ALONG SAID SOUTH LINE OF TRACT 44, A DISTANCE OF FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING ACRES, MORE OR LESS. 5

6 FLORlDA DEPARTMENT oi STATE RICK SCOTT Governor KENDETZNER Secretary of State November 1, 2016 Honorable Sharon R. Bock Clerk and Comptroller Palm Beach County 301 North Olive Avenue West Palm Beach, Florida Attention: Julie Burns, Administrative Specialist I Dear Ms. Bock: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge receipt of your electronic copy of Palm Beach County Ordinance No , which was filed in this office on October 31, Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida Telephone: (850)

7 Item: A.1 FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 16-D FINAL REPORT, OCTOBER 26, 2016 I. General Data Project Name: Andalucia Residential (LGA ) Request: Acres: Location: Project Manager: Applicant: Agent: Staff Recommendation: II. Site Data LR-3 to MR-5 on acres; and to revise conditions of approval on the entire site acres Northeast corner of Lyons Road and 47th Place South Jorge Perez, Senior Planner Standard Pacific of South Florida Joni Brinkman, Urban Design Kilday Studios Staff recommends approval based upon the findings and conclusions contained within this report. Current Future Land Use Current FLU: Low Residential, 3 units per acre (LR-3) with conditions Existing Land Use: Equestrian Current Zoning: Planned Unit Development (PUD) Current Dev. Potential Max: Residential, up to 115 dwelling units Proposed Future Land Use Change Proposed FLU: LR-3 on acres and MR-5 on acres and to revise conditions Proposed Zoning: Planned Unit Development (PUD) Dev. Potential Max/Conditioned: Residential, up to 192 dwelling units 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 Comm. District: Commissioner McKinlay, District 6 16-D FLUA Amendment Staff Report 1 Andalucia Residential (LGA )

8 III. Hearing History Local Planning Agency: Approval with conditions, motion by Judy Davera, seconded by Neil Merin, passed in a 11-0 vote at the May 13th public hearing. There was minimal board discussion and no public comment. Board of County Commissioners Transmittal Public Hearing: Transmit, motion by Comm. Abrams, seconded by Comm. Taylor passed in a 7-0 vote at the August 22nd public hearing. One Commissioner questioned the deletion of the condition of approval for Usable Open Space. Staff clarified that the subject site would meet all open space requirements of the ULDC, and that the condition was established only for mixed use projects. One member of the public representing an adjacent property owner expressed concerns regarding access to their site. State Review Comments: The State Land Planning Agency issued a letter dated September 23, 2016 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. There were no other state agency comments received regarding this amendment. Board of County Commissioners Adoption Public Hearing: Adopt with conditions, motion by Comm. Taylor, seconded by Comm. Vana passed in a 6-0 vote (with Comm. Valeche absent) at the October 26th public hearing. Board discussion included questions regarding the reduced price of Transfer of Development Rights units for sites within neighborhood plan areas. Two members of the public spoke. Ord T:\Planning\AMEND\16-D\Reports-Agendas\5-Final\A-1_16-D_Andalucia_Rpt.docx 16-D FLUA Amendment Staff Report 2 Andalucia Residential (LGA )

9 16-D FLUA Amendment Staff Report 3 Andalucia Residential (LGA )

10 IV. Background/History The subject site is in the Urban Suburban Tier on the east side of Lyons Road, south of Lake Worth Road and west of the Florida Turnpike. The acre site is located within the West Lake Worth Road Neighborhood Plan area and the current use is residential and equestrian. The site has been subject to previously adopted Future Land Use Amendments with conditions. This proposal would amend acres of land to Medium Residential, 5 units per acre (MR-5), and previously adopted conditions of approval by Ordinance on the entire site would be revised. The subject site is within a section of land comprising over 600 acres that represents the largest area of undeveloped land in the Urban/Suburban Tier, in the unincorporated County. This section of land is bounded by Lake Worth Road on the north, the L-14 canal on the south, the Turnpike and Lyons Road to the east and to the west. The properties range in size from approximately 2 ½ acres to 40 acres and are largely in equestrian or agricultural uses with some single family homes. Polo Club and Hooks Roads, unimproved roads, are the main access for the majority of the properties. The School Board owns 48 acres in the southwest corner for a future school site, and the Florida Department of Transportation owns 51 acres on Lake Worth Road adjacent to the Turnpike, which has recently completed significant upgrades consisting of access ramps, toll booths and drainage. Over the last several years, various property owners in the general vicinity have submitted FLUA amendments to increase density and/or intensity. This activity prompted residents from surrounding subdivisions to create the West Lake Worth Road Neighborhood Plan (WLWNP), which includes the equestrian lands and seven planned residential communities in the surrounding area. Additionally, the Board approved site specific amendments for this area and a Comprehensive Plan text amendment to modify the TDR program provisions, Policy 2.4-b in the Future Land Use Element (FLUE) to add an exception from the requirement to use TDR's to increase density for projects that propose density up to, but not exceeding, density proposed by the master plan of a neighborhood plan formally received by the BCC. The amendment to this policy was adopted by the BCC in July of 2012 and specifically identifies the WLWNP. The WLWNP Conceptual Master Plan supports densities up to 3 and 5 units per acre where the proposed amendment is located. V. Intent of the Amendment The amendment is proposed to change the future land use designation on a acre portion of the site from LR-3 to MR-5, and revise conditions of approval on the entire acre site. The future land use amendment would increase the residential development potential from 115 dwelling units to 192 units. A concurrent application for a development order amendment and expansion of the PUD by an additional 9.73 acres (not subject to this amendment) is currently in process. In order to ensure consistency with the neighborhood plan, the amendment carries forward the previously adopted conditions of approval specifying where the density is to be placed within the site and proposes to apply the conditions to the entire site (see Exhibit 1). These conditions also establish a cap on the number of dwelling units, require connectivity, require consistency with the WLWRNP. The 5% open space condition is proposed to be deleted. 16-D FLUA Amendment Staff Report 4 Andalucia Residential (LGA )

11 VI. 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 prevention of urban sprawl as defined by (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 states that the proposed request is justified due to changed circumstances that have occurred, consistency with the Neighborhood Plan, prior amendments within the neighborhood Plan and that the changes are suitable for the site. A summary of the applicants justification are as follows: The proposed use is of a similar nature to the existing use. The proposed use is consistent with the West Lake Worth Road Neighborhood Plan. The County Commission has approved similar requests in the surrounding area. The proposed use would allow the subject property to be developed in a consistent and compatible manner. An exception applies to the subject property and its neighbors that allows density increases through the land use amendment process rather than density bonus programs. 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. With regards to the justification, the subject site is located within a Neighborhood Plan that proposes the use of the Land Use Amendment process to increase density rather than the Density Bonus Programs. The request for MR-5 on the northern portion of the site is characteristic of the adjacent Future Land Use designations and is consistent with both of the neighboring Land Use Amendment approvals and the Neighborhood Plan. The amendment and conditions of approval are consistent with the 16-D FLUA Amendment Staff Report 5 Andalucia Residential (LGA )

12 Neighborhood Plan s Master Plan that identifies up to 5 units per acre between 47th Place South and Lake Worth Road. Previously adopted conditions of approval establish a cap on the number of dwelling units, require connectivity, require consistency with the WLWRNP. The proposed revisions to consolidate the conditions apply on the entire site and will not alter the intent of these conditions. Due to the consistency with residential patterns in the area, and with the West Lake Worth Road Neighborhood Plan, the requested amendment is justified. 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. Staff Analysis: The proposed amendment would not further, nor detract from any of the County directions. Thus, there are no policy implications regarding the County Directions with regard to this amendment. 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 site is surrounded by a combination of built developments, active single family homes or parcels with immaterialized Zoning approvals, with unrelated ownership. There is a concurrent Zoning application for the subject site and the proposed amendment does not encourage piecemeal development, nor does it create residual parcels. 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.. Density Increases - Policy 2.4-b: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless: 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. Staff Analysis: The Comprehensive Plan Future Land Use Element Policy 2.4-b requires that the Transfer of Development Rights (TDR) Program is the mandatory method of increasing density, unless the applicant's request is consistent with a neighborhood plan formally received by the Board of County Commissioners. The West Lake Worth Road Neighborhood Plan (WLWNP) is the only neighborhood plan identified 16-D FLUA Amendment Staff Report 6 Andalucia Residential (LGA )

13 in the policy that allows a property owner to increase the residential land use through a land use amendment process and therefore, not utilize either of the Bonus Density Programs. The neighborhood plan's Conceptual Master Plan identifies the acre portion of the site with a maximum density of 5 units per acre; the acre portion of the site located south of 47th Place South will remain unchanged at 3 dwelling units per acre. A condition has been included in Exhibit 1 limiting the maximum density for the subject site to 192 units, consistent with the Conceptual Master Plan and recommendations of the neighborhood plan. The applicant has agreed to this condition. Therefore, the proposed amendment, as conditioned, is consistent with item 3 of Policy 2.4-b. 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. The applicant provided a compatibility analysis in Exhibit 2 and states that, "the requested change would make the subject property more compatible with the surrounding properties which have undergone land use amendments and density increases." Surrounding Land Uses: Immediately abutting the site are the following: North: North of the subject site are areas with Residential at Low and Medium Densities, LR-2 and MR-5, containing residential and vacant residential uses. South: South of the site are 23 residential lots which are part of the Lakes of Sherbrooke Subdivision, and 1 residential property. All labeled Residential Low, LR-2. Additionally, there is a acre site owned by the Palm Beach County School Board. East: East of the subject site are residential and vacant residential properties, classified with FLU designations of LR-2, LR-3, and MR-5. West: To the west of the subject site are residential and vacant residential properties with FLU designations of LR-2 and MR-5. 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 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. 16-D FLUA Amendment Staff Report 7 Andalucia Residential (LGA )

14 Staff Analysis: The site is within areas contemplated for a maximum of 3 and 5 dwelling units per acre in the Neighborhood Plan's Conceptual Master Plan. Most of the other nearby properties have already amended the land use consistent with this Master Plan. Additionally, the subdivision to the west also contains the MR-5 land use designation. Therefore, the proposed land use would coexist with the adjacent land uses. D. Consistency with County Overlays, Plans, and Studies 1. 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 request, with the proposed condition, is consistent with the Conceptual Master Plan of the Neighborhood Plan which depicts a maximum of 3, and 5 dwelling units per acre for the subject site. The neighborhood Plan also outlines design criteria such as buffer requirements and pedestrian connectivity. The Neighborhood Plan's design requirements will be addressed through the PUD petition that has been submitted to the Development Review Officer (DRO). E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation on a portion of the site from LR-3 to MR-5 for an increase from 115 units to 192 units. Public facilities impacts are detailed in the table in Exhibit 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 and their reviews indicate that there are adequate public facilities and services available to support the amendment, and the amendment does not exceed natural or manmade constraints. 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: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District. 16-D FLUA Amendment Staff Report 8 Andalucia Residential (LGA )

15 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 Division reviewed this amendment based on the existing potential of 115 dwelling units and the proposed potential of 192 dwelling units. According to the County s Traffic Engineering Department (see letter dated January 25, 2016 in Exhibit 5) the amendment would result in 770 net daily trips, and 144 AM and 189 PM net peak hour trips. The Traffic letter concludes Based on the review, the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan". The Traffic Study (see Exhibit 5) was prepared by Pinder Troutman Consulting, Inc. of 2005 Vista Parkway, Suite 111, West Palm Beach, FL Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: F. Florida Statutes 1. Data & Analysis Applicable to Florida Statutes: Section (6)(a), Florida Statutes, require that local governments future land use plans be based on a number of factors, including population projections, the character of undeveloped land, availability of public services, and other planning objectives. Staff Analysis: The request seeks to increase the density consistent with the maximum allowed by the Neighborhood Plan in lieu of utilization of the density bonus programs as permitted by the Comprehensive Plan. The condition is a voluntary density cap that ensures consistency with the character of the area as envisioned by the neighborhood group. The site is located within the Urban Suburban Tier is near major thoroughfares, mass transit, employment opportunities, and the full complement of Public facilities are available. 2. Consistency with Urban Sprawl Rule: The proposed amendment is not considered sprawl as it is within the Urban/Suburban Tier and within the Urban Service Area Boundary. This tier is also the target of the County's redevelopment and revitalization strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed used development concepts, and transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl. The applicant included a discussion of the Urban Sprawl rule with regards to this amendment (see Exhibit 2). VII. 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 16-D FLUA Amendment Staff Report 9 Andalucia Residential (LGA )

16 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 April 20, To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on April 20, 2016 to the City of Greenacres, which this parcel is located within their identified Future Annexation area. 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 April 20, On the same date, several interested parties were notified by mail, including the following groups and residential communities/developments in the area: Lake Worth Road Coalition, Lakes of Sherbrooke, Summer Chase, Cypress Woods, Cypress Trails, Silver Glen at Citrus Isles (Bent Creek), Woods Walk, Legend Lake Estates, Florida Gardens, and Cedar Creek Ranch. To date, no letters in response have been received. C. Informational Meeting: The Planning Division will host a meeting with area residents and interested parties to relay information regarding the amendment and development approval process on May 3, VIII. Conclusions and Recommendation The amendment is proposed to change the future land use designation on a acre portion of the site from LR-3 to MR-5, and to revise conditions of approval for the entire acre site. The request seeks to utilize the amendment process as the method of increasing density, consistent with the Comprehensive Plan for sites located within the West Lake Worth Road Neighborhood Plan. The request is consistent with all relevant policies of the Comprehensive Plan as well as the Neighborhood Plan. The request also meets all relevant service standards and would not contribute to urban sprawl. As such, staff recommends approval with conditions of the applicant s request. Exhibits 1. Future Land Use Map & Legal Description E-1 Page 2. Applicant s Justification Statement E Applicant s Public Facility Impacts Table E Applicant s Traffic Study (available to the LPA/BCC upon request) E Palm Beach County Traffic Division Letter E Water & Wastewater Provider LOS Letter E School District Concurrency LOS Letter E Applicant List and Disclosure of Ownership Interests E Correspondence E D FLUA Amendment Staff Report 10 Andalucia Residential (LGA )

17 Exhibit 1 Amendment No: Andalucia Residential (LGA ) FLUA Page No: 76 Amendment: Location: Size: From Low Residential, 3 units per acre (LR-3) to Medium Residential, 5 units per acre (MR-5) on acres, and to revise conditions of approval on the entire site. East side of Lyons Road, south of Lake Worth Road acres total From LR-3 to MR-5 (38.57 acres) ; ; PCN: ; Remaining LR-3 (19.47 acres) Conditions: Revise conditions of approval adopted by Ordinance as shown with deleted text struck out and added text underlined. 1) Development of the site shall comply with the Lake Worth Road Neighborhood Plan Design Guidelines dated November 19, 2009 and the following: a. The project shall provide usable open space and/or institutional uses that may promote social and cultural activities. At least 5% of the project shall be designed as usable open space to create squares, greens, or plazas. Usable Open Space is defined in the Introduction & Administration Element of the Comprehensive Plan. a. b. Vehicular and pedestrian connection shall be provided to all existing and future adjacent development as identified in the Lake Worth Road Neighborhood Plan Master Plan (at a minimum). b. c. The internal street network shall form a block structure to facilitate the pedestrian oriented design of the project. 2) The project may utilize the Transfer of Development Rights and/or the Workforce Housing Program to obtain additional density subject to the following: a. Transfer of Development Rights units may be purchased at a reduced cost. b. The acre portion south of Polo Club Road is limited to maximum of 3 units per acre, with no further density increases permitted subsequent to adoption. c. The acre portion north of Polo Club Road is limited to a maximum of 5 units per acre, with no further density increases permitted subsequent to adoption. 16-D FLUA Amendment Staff Report E - 1 Andalucia Residential (LGA )

18 16-D FLUA Amendment Staff Report E - 2 Andalucia Residential (LGA )

19 Legal Description TRACT 38, LESS THE NORTH FEET, BLOCK 28, THE PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 41, LESS THE WEST 70 FEET THEROF AS DESCRIBED IN OFFICIAL RECORD BOOK 4549, PAGE 1311, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS 42 AND 43, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS 53 AND 60, LESS THE SOUTH 35 FEET OF TRACT 60, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND LYING IN TRACT 44, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, INCLUSIVE, PUBLIC RECORS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 44; THENCE NORTH 00O00 29 WEST ALONG THE WEST LINE OF SAID TRACT 44, A DISTANCE OF FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF FEET AND WHOSE CHORD BEARS SOUTH 82O06 07 EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14O27 05:, A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 74O52 34 EAST, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14O39 56, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 44; THENCE SOUTH 89O59 31 WEST ALONG SAID SOUTH LINE OF TRACT 44, A DISTANCE OF FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING ACRES, MORE OR LESS. 16-D FLUA Amendment Staff Report E - 3 Andalucia Residential (LGA )

20 Exhibit 2 Applicant s Justification Statement, Consistency, and Compatibility REQUEST On behalf of the applicant, Standard Pacific of South Florida, Urban Design Kilday Studios has prepared and hereby respectfully submits this application for a Large Scale Future Land Use Atlas (FLUA) Amendment for a portion of the previously approved Andalucia Planned Unit Development (PUD). Note that this request to change the land use designation from LR3 to MR5 is applicable only to the acres located to the north of 47 th Place South as follows: 2. To amend the FLUA designation of approximately acres from Low Residential, 3 dwelling units per acre (LR-3) to Medium Residential, 5 dwelling units per acre (LR-3), which would allow for an additional 77 units on the subject land area (from 115 units to 192 units); Please note that subsequent to the sufficiency determination in regard to that request the applicant is hereby amending our application to also request to delete the following condition of approval. This condition is currently contained in Ordinance as Condition 1.a. and reads as follows: a. The project shall provide usable open space and/or institutional uses that may promote social and cultural activities. At least 5% of the project shall be designed as usable open space to create squares, greens and/or plazas. This condition applied to the acres which was the subject of that amendment application. Our application current submitted is for acres includes only the north portion of the PUD, for which we are requesting to change the land use from LR3 to MR5. As such, two legal descriptions were included in the application materials, one for the acres which is subject to the land use change and one for which is subject to the condition deletion. A review of documentation from when this condition was imposed on the project, including the adoption staff report presented to the Board of County Commissioners, indicates that the original application request was revised by the applicant to include reducing the designation requested on the north portion of the property from MR5 to LR3. In addition, the applicant requested that the majority of conditions be deleted, including the one regarding the five percent open space. While there does not appear to be any discussion in regard to the conditions which were deleted in the staff report, it appears that this condition may have been intended to be deleted. Regardless, the deletion of this condition, which is not typically imposed on residential land use changes or development approvals for PUD s in the Urban/Suburban Tier, does not create any negative impacts on the development in the area. In fact, the West Lake Worth Road Neighborhood Plan calls for 30 foot wide buffers along major roadways with meandering paths, which is available for public use and is above and beyond that required of other developments. As such, we are respectfully requesting that this condition be deleted as part of this amendment request. 16-D FLUA Amendment Staff Report E - 4 Andalucia Residential (LGA )

21 The remaining conditions which currently apply to all the land area affected by Ordinance (58.03 acres) are proposed to remain unchanged as follows: 2) Development of the site shall comply with the Lake Worth Road Neighborhood Plan Design Guidelines dated November 19, 2009 and the following: a. The project shall provide usable open space and/or institutional uses that may promote social and cultural activities. At least 5% of the project shall be designed as usable open space to create squares, greens, or plazas. Usable Open Space is defined in the Introduction & Administration Element of the Comprehensive Plan. b.a. Vehicular and pedestrian connection shall be provided to all existing and future adjacent development as identified in the Lake Worth Road Neighborhood Plan Master Plan (at a minimum). c.b. The internal street network shall form a block structure to facilitate the pedestrian oriented design of the project. 2) The project may utilize the Transfer of Development Rights and/or the Workforce Housing Program to obtain additional density subject to the following: a. Transfer of Development Rights units may be purchased at a reduced cost. b. The acre portion south of Polo Club Road is limited to maximum of 3 units per acre, with no further density increases permitted subsequent to adoption. c. The acre portion north of Polo Club Road is limited to a maximum of 5 units per acre. This amendment is being requested to reflect the intent of the West Lake Worth Road Neighborhood Plan and amendments that have been made to the Comprehensive Plan since the approval of Ordinance This will be further discussed later in the justification statement. PROJECT HISTORY The properties currently support agricultural and residential uses and prior approvals were granted for a 265-unit (2009) and a 250-unit (2011) residential development for those parcels included in the overall Andalucia PUD, currently owned by Standard Pacific of South Florida aka the acres as referenced in the Ordinance. Prior to the approvals in 2009 and 2011 portions of the property were included in the Allie Polo Estates PUD (Control No ) and the Gulfstream Groves PUD (Control No ); however, those portions have been removed from these prior approvals. The portions included in these prior approvals were as follows (listed by PCN s): Allie Polo Estates PUD (Control No ): PCN s /0411/0412/0421 Gulfstream Groves PUD (Control No ): PCN s /0542 Below is a more detailed breakdown of the prior zoning approvals associated with the subject property, the most recent being when a 9.83 acres parcel was added to the south parcel to bring 16-D FLUA Amendment Staff Report E - 5 Andalucia Residential (LGA )

22 the total PUD acreage up to gross acres. Of note, that parcel was the subject of a land use plan amendment to change the land use on the land from LR-2 to LR-3, in round The Board of County Commissioners (BCC) elected to denial transmittal of that request and, as such, that property retains the LR-2 designation, but is not included in this land use change request. Control No. Description Action Date (1) Rezoning from AR to PUD and (2) Waiver for deviation from culde-sac requirement Approved August 23, 2006 Resolution/ Ordinance No. (1) R and (2) R Rezoning from AR to PUD Approved August 23, 2006 R Resolution correction Approved October 26, 2006 R Status Report to rezone from PUD to RT Status Report to rezone from PUD to RT Approved November 29, 2007 R Approved January 3, 2008 R (PDD/R/TDR) (1) Rezoning from RT to PUD, (2) Requested Use to allow Transfer of Development Rights (TDR s) and (3) TDR s for 115 units Approved February 25, 2009 (1) R , (2) R and (3) R N/A FLUA Amendment changing FLUA from LR-2 to LR-3 Approved August 30, 2010 Ordinance No (DOA/TDR) (ABN/PDD/DOA ) (1) DOA to reconfigure Master/Site Plan, change type of dwelling units, decrease number of dwelling units and restart commencement of development and (2) allow for a reduction in the number of previously approved TDR s Request to abandon approval of the Requested Use to allow the Transfer of Development Rights (TDR s) and the designation of the PUD as a receiving area; a zoning map amendment to rezone the 9.73 acre parcel from RT to PUD; and a DOA to reconfigure the Master Plan; add land area; delete units; redesignate housing types; add an access point, modify and delete conditions of approval and restart the development clock. Approved July 28, 2011 (1) R and (2) R D FLUA Amendment Staff Report E - 6 Andalucia Residential (LGA )

23 LAND USE AMENDMENT HISTORY As mentioned, the land area included in this request was the subject of a larger request in Round That request originally intended to request the MR-5 land use designation on the acres which is the subject of this request. This request was transmitted by the BCC to the State with the MR-5 included for the land area of the overall PUD located north of 47 th Place South. However, the ORC report identified issues which resulted in the applicant amending the request at adoption to LR-3 rather than MR-5. Certain actions have been taken by the County since the issuance of the ORC report which now renders this request consistent with the Comprehensive Plan. The ORC report specifically identified the Plan s requirement at the time that applicant utilize the Workforce Housing Program, the Affordable Housing Program, or the Transfer of Development Rights Program to increase density, rather than a land use change. Since then, the County adopted Ordinance which recognized the West Lake Worth Road Neighborhood Plan within the Comprehensive Plan. Additionally, on July 23, 2012, Ordinance was adopted by the BCC which revised Policy 2.4-b. to add the following: Policy 2.4-b: The Workforce Housing Program, the Affordable Housing Program and the Transfer of Development Rights (TDR) Program are is the required methods for increasing density within the County unless: Policy 2.4-b.3.: an applicant proposes a density increase up to, but not including, 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 With this revised policy, the request to increase density via a land use plan amendment, rather than the use of TDR s, is consistent with the Comprehensive Plan, based on the inclusion of the exemption for land areas within the West Lake Worth Road Neighborhood Plan. SURROUNDING USES Below is a description of the uses on the adjacent properties (or those on the other side of abutting R-O-W s) to the north, south, east and west of the overall property. Northern Portion North/West: To the north, across the existing 30 R-O-W, and west of the subject property are six (6) properties (details below): o PCN s /numerous lot numbers: These properties are acres currently owned by Lennar Homes, LLC and that have a FLUA designation of Medium Residential, 5 du/ac (MR-5) and are within the PUD Zoning District. These properties are a part of a 248-unit residential PUD (Control No ) known as the Gulfstream PUD; o PCN : This is a 5-acre property owned by 87 th South Drive Corporation that has a FLUA designation of LR-2 and is within the Agricultural Residential (AR) Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use; 16-D FLUA Amendment Staff Report E - 7 Andalucia Residential (LGA )

24 o PCN : This is a 5-acre property owned by Southern Engineering & Construction LLC that has a FLUA designation of LR-2 and is within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use. This property recently changed ownership in October of The prior use on the property which include wild animals (Cats) previously resulting in some zoning conditions of approval which will be requested to be deleted with the next Development Order Amendment; and o PCN : This is an 8.94-acre property owned by Rubin Communities PBC, LLC. The FLUA designation was recently amendment from LR-2 to MR-5 via the adoption of Ordinance on April 29, 2015, and is within the AR Zoning District. The land use change was conditioned to limit the development to a maximum of five (5) dwelling units per acre, capped at 42 dwelling units. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use. South: To the south of the subject property, across 47 Place South (excluding the Southern Portion of the overall PUD), are two (2) properties (details below): o PCN s /0550: These properties are acres currently owned by the School Board of Palm Beach County that have a FLUA designation of LR-2 and are within the AR Zoning District. The District also owns /0570/0580/0592 which comprises all the land area to the south to the canal. It is the applicant s understanding this land was purchase for a future high school. While these properties are taxed as public schools they currently are vacant. East: To the east of the subject property are two (2) properties (details below): o PCN : This is a 3-acre property owned by Gulfstream Polo, LLC that has a FLUA designation of LR-3 and is within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use; and o PCN : This is a acre property owned by Florida Polo Trust & Gulfstream Polo, LLC. that has a FLUA designation of LR-3 and is within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use. West: To the west of the subject property, across Lyons Road, are six (6) properties (details below): o PCN s /0070, /0070, /0070: These are all 0.23-acre (total acreage is 1.38 acres) properties owned by individual property owners that have a FLUA designation of MR-5 and are within the AR Zoning District. Southern Portion of the PUD (ONLY THE EASTERN ACRES ARE INCLUDED IN REQUEST) North: To the north of the subject property, across 47 Place South (excluding the Northern Portion of the subject property), is one (1) property (details below): o PCN : This is a 3.24-acre property owned by Florida Polo Trust & Gulfstream Polo, LLC. that has a FLUA designation of LR-3 and is within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use. South: To the south of the subject property, across LWDD Canal L-14, are three (3) properties (details below): o PCN : This is a 1.32-acre property owned by Placid Residential Association, Inc. that has a FLUA designation of LR-2 and is within 16-D FLUA Amendment Staff Report E - 8 Andalucia Residential (LGA )

25 the Single Family Residential (RS) Zoning District. This property is a park within the 899-unit residential PUD (Control No ) known as the Lakes of Sherbrooke; o PCN : This is a 0.62-acre property owned by Eric & Harlee Florscher that has a FLUA designation of LR-2 and is within the RS Zoning District. This property is a part of a 899-unit residential PUD (Control No ) known as the Lakes of Sherbrooke; and o PCN : This is a 0.84-acre property owned by Lakes of Sherbrooke HOA, Inc. that has a FLUA designation of LR-2 and is within the RS Zoning District. This property is a buffer within the 899-unit residential PUD (Control No ) known as the Lakes of Sherbrooke. East: To the east of the subject property, across the platted 30 R-O-W, are four (4) properties (details below): o o PCN s /0522: These properties are 10 acres currently owned by Theodore J. Brinkman that have a FLUA designation of LR-3 and are within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use; and PCN s /0612: These properties are 10 acres currently owned by Ruben Gracida that have a FLUA designation of LR-3 and are within the RT Zoning District. Per the Property Appraiser of Palm Beach County s web site this property is taxed as an equestrian use. West: To the west of the subject property are three (3) properties (details below): o PCN s /0543/0592: These properties are acres currently owned by the School Board of Palm Beach County that have a FLUA designation of LR-2 and are within the AR Zoning District. While these properties are taxed as public schools they currently are vacant. CONSISTENCY & COMPATIBILITY 1. Justification: The applicant is requesting to amend the FLUA designation of the acre north portion of the overall PUD from LR-3 to MR-5. Per Policy 2.1-f of the FLUE of the PBC Plan As stated previously, the proposed amendment will serve to make the land use designation on the property consistent with the Neighborhood Plan. The total maximum number of units permitted on the overall acre parcel will remain unchanged pursuant to the existing land use plan conditions capping the density for the land area to no more than five dwelling units per acre for the subject land area and to three dwelling units for the acre portion of the southern land area. The proposed request is consistent with the West Lake Worth Road (WLWRD) Neighborhood Plan that was formally received by the PBC BCC on November 19, 2009 through Resolution No. R Per the Master Plan that was included in the WLWRD Neighborhood Plan (can be found in Attachment F) the maximum underlying densities suggested (not including density bonuses) were 5 DU/AC on the northern portion and 3 DU/AC on the original southern portion. As such, the proposed requests in consistent with those suggestions. 3. Residential Density Increases: Per Policy 2.4-b of the FLUE of the PBC Plan an applicant must respond to one of the three criteria in this policy. Criteria 3 states that an applicant can request a density increase up to, but not exceeding, the density proposed 16-D FLUA Amendment Staff Report E - 9 Andalucia Residential (LGA )

26 by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. The only formally accepted neighborhood plan that qualifies for this provision is the WLWRD Neighborhood Plan and, as stated previously, the proposed underlying density is consistent with the Neighborhood Plan. 4. Comprehensive Plan, Florida Statutes and Compatibility: FLUE Policy 2.1-f: The following will detail how the impact of the proposed FLUA on the items listed: o The natural environment, including topography, soils and other natural resources; Applicant s Description: Please see Attachment L for the Natural Feature Inventory & Map. The property has previously been cleared to allow for equestrian activities. o The availability of facilities and services; Applicant s Description: As part of the previous development the availability of facilities and services had to be confirmed. Below is more detailed information on each of those facilities and services: a. Traffic: Please see Attachment H for the Comprehensive Plan Amendment Transportation Analysis prepared by Pinder Troutman Consultants as well as the approval letter from Palm Beach County. b. Mass Transit: The nearest Palm Tran bus route is Route 62 that stops approximately 250 feet west of the intersection of Lake Worth Road and Lyons Road and the closest Tri-Rail connection is the Lake Worth Tri-Rail Station. c. Potable Water and Wastewater: Please see Attachment I for the Level of Service letter from the PBC Water Utilities Department dated February 3, 2016 and the Level of Service Statement for Potable Water and Wastewater prepared by Michael B. Schorah and Associates, Inc. dated February 8, d. Drainage: Please see Attachment J for Drainage Statement prepared by Michael B. Schorah and Associates, Inc. dated February 8, e. Fire Rescue: Please see Attachment K for the Fire Rescue letter dated February 3, 2016 which confirms that the nearest PBC Fire Rescue station is Station #32 located at 4022 Charleston Street and is approximately 3 miles from the subject property. o The adjacent and surrounding development; Applicant s Description: Please refer to the surrounding uses section above. o The future land use balance; Applicant s Description: As stated previously, the change in land use from LR3 to MR5 on the property will be in conformance with all of the provisions of FLUE Policy 2.1-f. as well as the Neighborhood Plan and the current limiting land use condition capping the density at 5 units per acre. As such, it is the agent s contention that amending the FLUA designation on the subject 16-D FLUA Amendment Staff Report E - 10 Andalucia Residential (LGA )

27 property will continue to provide a balanced future land use in the area. o Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and Applicant s Description: The proposed request is consistent with the West Lake Worth Road (WLWRD) Neighborhood Plan that was formally received by the PBC BCC on November 19, 2009 through Resolution No. R Per the Master Plan that was included in the WLWRD Neighborhood Plan (can be found in Attachment F) the maximum underlying densities suggested (not including density bonuses) were 5 DU/AC on the subject land area. As such, the proposed requests in consistent with those suggestions. Florida Statutes, Section (6).(a).9.a: The primary indicators that a plan or plan amendment does not discourage the proliferation of urban sprawl are listed below along with the applicant s descriptions. The evaluation of the presence of these indicators shall consist of an analysis of the plan or plan amendment within the context of features and characteristics unique to each locality in order to determine whether the plan or plan amendment. I. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses. Applicant s Description: The development yield of a maximum of five dwelling units per acre is already included in the existing land use approval for property. The mix of land uses within the Neighborhood Plan allow for varying densities in the area, with higher densities towards Lake Worth Road and Lyons, transitioning to lower densities south of 47 th Place South. This development pattern, with the current request to increase the density of the subject property does not proposed low density development. II. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development. Applicant s Description: The property is within a large land area in the Urban/Suburban Tier surrounded by non-rural lands and is within a larger area of land which could be considered infill development. The area is not considered Rural per the County s Comprehensive Plan. III. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments. Applicant s Description: The subject property is located within an area of undeveloped land that is within the Urban/Suburban Tier and wil not result in strip development, but would be considered infill development. 16-D FLUA Amendment Staff Report E - 11 Andalucia Residential (LGA )

28 IV. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. Applicant s Description: This amendment does not fail to protect and conserve natural resources as the subject property is currently utilized for equestrian and agricultural purposes and has no substantial natural resources. V. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils. Applicant s Description: While the request is to convert existing lands with equestrian uses into residential uses, the land use already affixed to the property is residential in nature and consistent with the properties current and proposed underlying FLUA designation for residential uses. VI. Fails to maximize use of existing public facilities and services. Applicant s Description: This amendment will maximize the use of existing facilities. PBCWUD has confirmed that it has capacity to service the subject property under its proposed FLUA amendment and facilities are existing just to the west of the subject property. Additionally, the residents of the development will be able to utilize existing recreational facilities provided by the County Parks nearby and the tax base created will assist in providing for the facilities. Therefore, the proposal discourages the proliferation of Urban Sprawl. VII. Fails to maximize use of future public facilities and services. Applicant s Description: The amendment for a FLUA amendment will maximize the use of future public facilities and services as the property is located so as to concentrate the use of the facilities within an urban area. No facilities would be required to be installed in rural or sparsely populated areas, thereby maximizing the use of the facilities. Therefore, the proposal discourages the proliferation of Urban Sprawl. VIII. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. Applicant s Description: As a result of the existing development located within this area, the proposed amendment will not increase the costs of providing services as they already exist in the area. The additional tax revenue from the proposed development will aid in maintaining the existing infrastructure. Therefore, the proposal discourages the proliferation of Urban Sprawl. 16-D FLUA Amendment Staff Report E - 12 Andalucia Residential (LGA )

29 IX. Fails to provide a clear separation between rural and urban uses. Applicant s Description: The property is within the Urban/Suburban Tier of the County s Comprehensive Plan and urban services are provided in this area. Converting the use of the subject property into residential uses consistent with the style of development in the Urban/Suburban Tier, as well as adjacent areas, will further clarify the separation of rural and urban uses. Therefore, the proposal discourages the proliferation of Urban/Sprawl. X. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. Applicant s Description: This amendment will allow for what could be considered infill development as urban/suburban styles of development have occurred in each direction from the property. As such, the subject property is within an area that is on the verge of converting to a similar urban/suburban style of development to the existing development in the area. XI. Fails to encourage a functional mix of uses. Applicant s Description: As part of the overall WLWRD Neighborhood Plan, commercial and institutional nodes were defined within its boundaries that address the proper and functional mix of uses. XII. Results in poor accessibility among linked or related land uses. Applicant s Description: The development will be designed with both vehicular and pedestrian interconnectivity between among surrounding properties. This will be done both internal to the projects and also through required pathways within wide landscape strips along the major roadways, two of which are adjacent to the subject property. As such, this will provide for an inviting pedestrian environment. Therefore, the proposal discourages the proliferation of Urban Sprawl. XIII. Results in the loss of significant amounts of functional open space. Applicant s Description: This amendment does not result in a loss of any functional open space as the subject property is currently utilized for private equestrian and agricultural purposes and has no substantial natural resources. Florida Statutes, Section (6).(a).9.b: Of those criteria listed in this section the subject property will meet the following criteria which shows that it will discourage the proliferation of urban sprawl: I. Directs or locates economic growth and associated land development to geographic areas of the community in a manner that does not have an adverse impact on and protects natural resources and ecosystems. Applicant s Description: This amendment does not fail to protect and conserve natural resources as the subject property is currently utilized for equestrian and agricultural purposes and has no substantial natural resources. 16-D FLUA Amendment Staff Report E - 13 Andalucia Residential (LGA )

30 II. Promotes the efficient and cost-effective provision or extension of public infrastructure and services. Applicant s Description: The amendment for a FLUA amendment will maximize the use of future public facilities and services as the property is located so as to concentrate the use of the facilities within an urban area. No facilities would be required to be installed in rural or sparsely populated areas, thereby maximizing the use of the facilities. Therefore, the proposal discourages the proliferation of Urban Sprawl. III. Promotes walkable and connected communities and provides for compact development and a mix of uses at densities and intensities that will support a range of housing choices and a multimodal transportation system, including pedestrian, bicycle, and transit, if available. Applicant s Description: The development will be designed with both vehicular and pedestrian interconnectivity between among surrounding properties. This will be done both internal to the projects but also through required pathways within wide landscape strips along the major roadways, two of which are adjacent to the subject property. As such, this will provide for an inviting pedestrian and cycling environment which will connect to the existing Palm Tran stop. Therefore, the proposal discourages the proliferation of Urban Sprawl. As part of the overall WLWRD Neighborhood Plan, commercial and institutional nodes were defined within its boundaries that address the proper and functional mix of uses. IV. Creates a balance of land uses based upon demands of the residential population for the nonresidential needs of an area. Applicant s Description: As part of the overall WLWRD Neighborhood Plan, commercial and institutional nodes were defined within its boundaries that address the proper and functional mix of uses. In conclusion it is the agent s contention that the requested FLUA Amendment from LR-3 to MR- 5 for the acre portion of the subject property is justified, consistent with the Plan, the Neighborhood Plan, and State of Florida laws and is compatible with surrounding uses. Additionally, it appears that there is no justification in regard to requiring the five percent (5%) Open Space condition to remain applicable to this approval and, as such, the condition is being requested to be deleted. On behalf of the applicants, Urban Design Kilday Studios, respectfully requests approval of this request to amend the FLUA designation of the acre portion of the subject property as detailed above. The Project Managers at Urban Design Kilday Studios are Joni Brinkman and Wendy Tuma who can be reached at (561) or via at jbrinkman@udkstudios.com or wtuma@udkstudios.com. 16-D FLUA Amendment Staff Report E - 14 Andalucia Residential (LGA )

31 Exhibit 3 Applicant s Public Facilities Table VIII. Public Facilities Information A. Traffic Information Current FLU Maximum Conditioned or Concurrent Max Trip Generation 1,150 1,920 NA Trip Increase Max. 770 Trip Inc. Conditioned or Concurrent Significantly impacted roadway segments that fail Long Range NA NA None NA Significantly impacted roadway segments for Test 2 NA Lyons Road from the Site to Lake Worth Road NA Traffic Consultant Pinder Troutman Consulting, Inc. B. Mass Transit Information Nearest Palm Tran Route (s) Nearest Palm Tran Stop Nearest Tri Rail Connection Route 62 A bus stop is located approximately.7 miles to the north at the Polo Museum property on Lake Worth Road and is a stop on Route 62. The nearest Tri Rail Connection is via the Lake Worth Station. Route 62 provides service from the Lake Worth Road Tri Rail to the bus stop at the Polo Museum bus stop referenced above. C. Portable Water & Wastewater Information Potable Water & Wastewater Providers Nearest Water & Wastewater Facility, type/size Palm Beach County Water Utilities is the service provider and per the LOS statement prepared by Michael B. Schorah and Associates, Inc., the increase in density will no significantly impact the existing system or the providers ability to maintain the LOS. A 24 force main is located on the west side of Lyons Road and a 24 DI on the east for sewer. 42 and 12 DI water mains are located on the west side of Lyons Road to provide potable water for the development. 16-D FLUA Amendment Staff Report E - 15 Andalucia Residential (LGA )

32 D. Drainage Information The site is located within the C-51 basin and utilizes the LWDD L-13 canal for legal positive outfall. See Drainage Report prepared by Michael B. Schorah & Associates dated February 3, 2016 E. Fire Rescue Nearest Station Distance to Site Station #32, 4022 Charleston Street Approximately 3.0 miles Response Time 6:39 Effect on Resp. Time Minimal Impact F. Environmental Significant habitats or species Flood Zone* Wellfield Zone* No significant habitats or species were identified in the Environmental Assessment report dated February 3, 2016 prepared by WGI. The property is located in Flood Zone B The property is not located within a Wellfield Zone G. Historic Resources Pursuant to the February 1, 2016 letter from Christian Davenport, the County Historic Preservation Officer/Archeologist, no historic or architecturally significant resources identified in the NRHP were listed don the subject property or within 500 feet. H. Parks and Recreation Park Type Name & Location Level of Svc.(ac. per person) Population Change Change in Demand Regional Beach District Okeeheelee Park, 7715 Forest Hill Blvd., West Palm Beach, FL R. G. Kreusler Park, 2882 S. Ocean Blvd., Palm Beach, FL Seminole Palms Park, Lamstein Lane, Royal Palm Beach, FL ac ac ac. 16-D FLUA Amendment Staff Report E - 16 Andalucia Residential (LGA )

33 I. Libraries Library Name Address Greenacres Branch 3750 Jog Road City, State, Zip Greenacres, FL Distance Approximately 3.3 miles Component Level of Service Population Change Change in Demand Collection 2 holdings per person Periodicals 5 subscriptions per 1,000 persons Info Technology $1.00 per person +183 $183 Professional staff 1 FTE per 7,500 persons All other staff 3.35 FTE per professional librarian Library facilities 0.34 sf per person J. Public Schools Elementary Middle High Name Discovery Key Woodlands Middle Park Vista Address 3550 Lyons Road 5200 Lyons Road 7900 Jog Road City, State, Zip Lake Worth, FL Lake Worth, FL Lake Worth, FL Distance Approximately 1.2 miles Approximately 0.3 miles Approximately 6 miles 16-D FLUA Amendment Staff Report E - 17 Andalucia Residential (LGA )

34 Exhibit 4 Traffic Study (Available to the BCC upon request) Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: 16-D FLUA Amendment Staff Report E - 18 Andalucia Residential (LGA )

35 Exhibit 5 Traffic Division Letter 16-D FLUA Amendment Staff Report E - 19 Andalucia Residential (LGA )

36 Exhibit 6 Water & Wastewater Provider LOS Letter 16-D FLUA Amendment Staff Report E - 20 Andalucia Residential (LGA )

37 Exhibit 7 Palm Beach County School District LOS Letter 16-D FLUA Amendment Staff Report E - 21 Andalucia Residential (LGA )

38 16-D FLUA Amendment Staff Report E - 22 Andalucia Residential (LGA )

39 Exhibit 8 Applicant List and Disclosure of Ownership Interests 16-D FLUA Amendment Staff Report E - 23 Andalucia Residential (LGA )

40 PALM BEACH COUNTY - ZONING DIVISION FORM# m_ 7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete. FURTHERAFF~NTSAYETHNAUGHT. P_tii._:rRJ _ ck_a. _ G_o_NZAW, Affiant (Print Affiant Name) ~ The foregoing instrument was acknowledged before me this L day of F"sg. 20~. by '.(PM"~ c.-fl._ C,o... z.-p(t,e "2--, [,..}wtio is personally known to me or [ ] who has produced as identification and who did take an oath. Notary Public (Print Notary Name) NOTARY PUBLIC State of Florida at Large My Commission Expires: /0 - ok" -~l.h. -~~av:;,;,;;. :"! t;. ~~-~ MESHA BENNIE ~:;~ ~;_} MY COMMISSION ti CE ~o. "o"' EXP"RE.,f.'.~ ' 1 -S October ~ (407} JSP I 0 FIO~\JotarySe:'Vice com Disclosure of Beneficial Interest - Ownership form Page 2 of 4 Revised 08/25/2011 Web Format D FLUA Amendment Staff Report E - 24 Andalucia Residential (LGA )

41 PALM BEACH COUNTY - ZONING DIVISION FORM#_.QL EXHIBIT "A" PROPERTY LEGAL DESCRIPTION FOR ACRE PARCEL!TRACT 38, LESS THE NORTH FEET, BLOCK 28, THE PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH:!TRACT 41, LESS THE WEST 70 FEET THEREOF AS DESCRIBED IN OFFICIAL RECORD BOOK 4549, PAGE 1311, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 2, PAGE 4S, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS 42 & 43, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND LYING IN TRACT 44, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 44; THENCE NORTH 00 00'29" WEST ALONG THE WEST LINE OF SAID TRACT 44, A DISTANCE OF FEET TOA POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF FEET AND WHOSE CHORD BEARS SOUTH 82 06'07" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14 27'05", A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 74 52'34" EAST, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14 39'56", A DISTANCE OF FEET TO A POINTON THE SOUTH LINE OF SAID TRACT 44;THENCE SOUTH 89 59'31"WEST ALONG SAID SOUTH LINE OF TRACT 44, A DISTANCE OF FEET TO THE AFOREMENTIONED POINT OF BEGINNING. BEING ACRES MORE OR LESS. Disclosure of Beneficial Interest - Ownership form Page 3 of 4 Revised 08/25/2011 Web Format D FLUA Amendment Staff Report E - 25 Andalucia Residential (LGA )

42 16-D FLUA Amendment Staff Report E - 26 Andalucia Residential (LGA )

43 Exhibit 9 Correspondence 16-D FLUA Amendment Staff Report E - 27 Andalucia Residential (LGA )

44 16-D FLUA Amendment Staff Report E - 28 Andalucia Residential (LGA )