FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 15-1 BCC ADOPTION PUBLIC HEARING, APRIL 23, 2015

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1 FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 15-1 BCC ADOPTION PUBLIC HEARING, APRIL 23, 2015 I. General Data Project Name: Cheney Ranch (LGA ) Request: Acres: Location: Project Manager: Applicant: Agent: Staff Recommendation: II. Site Data HR-8 and MR-5 to MR-5 and to modify conditions acres East and west sides of Jog Rd, south of Southern Blvd (SR80) and the C-51 Canal Stephanie Gregory, Planner II Cheney 109, LLC Land Design South Staff recommends approval with a condition of the proposed amendment based upon the findings and conclusions within this report. Current Future Land Use Current FLU: High Residential, 8 units per acre (HR-8) and Medium Residential, 5 units per acre (MR-5) with conditions Existing Land Use: Current Zoning: Current Dev. Potential Max: Proposed FLU: Proposed Zoning: Dev. Potential Max/Conditioned: Tier/Tier Change: Utility Service: Overlay/Study: Vacant Planned Unit Development (PUD) Residential, up to 260 dwelling units Proposed Future Land Use Change Medium Residential, 5 units per acre (MR-5) Planned Unit Development (PUD) Residential, up to 204 dwelling units General Area Information for Site Urban Suburban Tier No Change Palm Beach County Water Utilities Department None Comm. District: Commissioner Burdick, District FLUA Amendment Staff Report 1 Cheney Ranch (LGA ) Page 143

2 III. Hearing History Local Planning Agency: Approval with modifications, motion by Mike Erickson, seconded by Judy Daversa, passed in an 12-1 vote (with Angela Vann dissenting) at the December 12, 2014 hearing. The Commission recommended approval of the applicant's request with an additional condition to limit the site to 109 units. Discussion focused on the staff proposed condition to require 15% of the units as workforce housing and whether an LR-3 future land use designation would be more appropriate given that the applicant's intent to build 109 units. Three members of the public, including a representative from the Pioneer Road Property Owners Association, spoke in favor of reducing the western side to LR-3 and the elimination of the workforce housing condition. Two additional speakers spoke in support. Board of County Commissioners Transmittal Public Hearing: Transmit as recommended by the PLC, motion by Comm. McKinlay, seconded by Comm. Abrams, passed in a 5-2 vote (with Comm. Taylor and Mayor Vana dissenting) at the January 22, 2015 hearing. An initial motion by Comm. Taylor, seconded by Comm. Burdick failed in a 3-4 vote (with Comm. Abrams, Comm. McKinlay, Comm. Valeche and Vice Mayor Berger dissenting) to transmit with a condition limiting the site to 109 units and to require 10% Workforce Housing. Board discussion focused on the staff proposed condition and the appropriate WFH requirement. Three members of the public spoke in favor of the amendment with the elimination of the workforce housing condition in order to provide the applicant an incentive to develop a lower number of units. Another speaker expressed compatibility concerns. State Review Comments: The State Land Planning Agency issued a letter dated March 4, 2015 stating the Agency identified no comment related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted by the amendment if adopted. Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\15-1\Reports-Agendas\4-BCCAdopt\2-ZoningAgenda-15-1-FLUA-CheneyRanch-Rpt-Legal.docx 15-1 FLUA Amendment Staff Report 2 Cheney Ranch (LGA ) Page 144

3 15-1 FLUA Amendment Staff Report 3 Cheney Ranch (LGA ) Page 145

4 IV. Background/History The acre subject site is located immediately south of the C-51 Canal/Southern Boulevard on either sides of Jog Road. The site is located within the Urban/Suburban Tier in an area with mostly commercial high and industrial uses north of Southern Boulevard and low residential designations to the south, including the West Gun Club Road Neighborhood Plan and the Pioneer Road Neighborhood Plan areas. The site has been the subject of several land use amendments since the adoption of the 1989 Comprehensive Plan. The first occurred in 1994 (94-64 Com 1) when a previous applicant requested a future land use change from Low Residential, 1 unit per acre (LR-1) to Commercial Low with an underlying 1 unit per acre (CL/LR-1) on 7.63 acres at the east corner of the C-51 Canal and Jog Road. The remainder of the site remained LR-1. In 2006, the Board of County Commissioners (BCC) adopted a future land use designation change through two amendments on the subject property. Ordinance (LGA ) amended the acres east of Jog Road from LR-1 to Medium Residential, 5 units per acre. Ordinance (LGA ) amended the acres west of Jog Road from CL/1 and LR-1 to High Residential, 8 units per acre. Since the basis of the amendments was to contribute to housing for employees of the Cheney company, the applicant suggested the following conditions of approval that were adopted in the ordinances: "At the submittal for the Zoning application for approval by the Board of County Commissioners. The proposed development shall comply with the greater of the following two requirements for Workforce Housing: a. Twenty-five percent (25%) of the total units, or b. The total number of workforce units required by the effective County workforce housing program." After the adoption hearing, the amendment was found to be not in compliance by the Department of Community Affairs (DCA). Prior to the administrative hearing, DCA and the County signed settlement agreements to resolve the Comprehensive Plan challenge. In addition, the West Gun Club Property Owners Association (WGCPOA) was an intervener in the challenge and entered into a private agreement with the property owner, where the following provisions were agreed to: (1) only 86 units are to be built on the eastern site (2) the remaining 18 units allowed by the FLU can be transferred to the western site, (3) no unit can be greater than 2 stories on the eastern site and (4) no access to the eastern site is permitted from the east or south. Although the County was not a party to this agreement, these terms were carried over in the subsequent rezoning by the applicant. Both the eastern and western sites then received a rezoning, via application PDD , from Agricultural Residential (AR) to Planned Unit Development (PUD). The site plan included 86 multi-family units on the eastern site and 174 apartments on the western site for a total of 260 units. When the site received its re-zoning in 2008, the workforce housing program was in effect and would have required 24 units. However, due to the land use amendment condition requiring 25% of the units as workforce housing, the applicant was required to provide 65 units (a difference of 41 units). V. Intent of the Amendment The proposed amendment is proposed to change the future land use designation for the portion on the west side of Jog Road from HR-8 to MR-5 and to eliminate the conditions of approval regarding workforce housing on both portions, west and east of Jog Road. This change would reduce the development potential for the entire site from a maximum of 260 dwelling units to a maximum of 204 dwelling units. This change will eliminate the requirement for minimum density, since the HR-8 designation requires a minimum of 5 units per acre and allowing the applicant to proceed with the zoning application (DOA ) in order to build 109 units. In addition, this amendment will clarify the FLU boundaries as intended by the BCC at the 2006 adoption hearing through the newly adopted ordinance for this land use amendment. At the hearing, the BCC directed staff to remove the right of way that connects the bulk of the MR-5 to West Gun Club Road. However, inadvertently staff did not remove the parcel from the legal description in the ordinance that was adopted that day. Therefore, this amendment will resolve the scrivener's error FLUA Amendment Staff Report 4 Cheney Ranch (LGA ) Page 146

5 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, 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 (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 includes a Justification Statement (Exhibit 2) which proposes the amendment is justified on the basis of changes in how the applicant intends to develop the site. The applicant's points are summarized as follows: The HR-8 FLU requires a minimum density of 5 units/acre; whereas the MR-5 designation does not have a minimum. As the applicant desires to change the development type from multi-family to single family, the minimum of 5 units per acre cannot be achieved. The condition for 25% workforce housing was written prior to the adoption of the current program. "The request maintains the compatibility of the property with the adjacent land uses by reducing the development's intensity." 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 for the future land use amendment for a reduction in residential density on the western site from HR-8 to MR-5, the applicant is requesting this change to allow the development of 109 single family homes (approximately 2.66 units per acre). The applicant argues that the amendment would eliminate the requirement for a minimum density of 5 units per acre for HR-8 per FLUE Table III.C.1. As the proposed amendment will result in a density on the subject site that is closer to the surrounding land use density and appropriate for this area, staff concludes that the amendment for the reduction is justified. With regards to the elimination of the 25% Workforce Housing condition, Planning staff recommended denial of the request to change the land use designation from LR-1 to MR-5 and HR-8 as the applicant did not utilize the Transfer of Development Rights (TDR) or the Workforce Housing Program (WHP) to increase density, pursuant to FLUE Policy 2.4-b. At the transmittal and adoption hearings, the BCC discussion focused on the need to create more units in order to add to the inventory of affordable units within the County. Therefore, the BCC accepted the applicant's proposal for increased density through the land use amendment subject to the applicant's proposed inclusion of a condition of approval requiring 25% of the units to be workforce housing. The amendment as proposed would reduce the number of WFH from 65 units to 7 units if the site was developed at the MR-5 maximum (206 units). Since the applicant seeks to only build 109 units, the workforce housing units required would be reduced to 3 units, utilizing the limited incentive. If the 25% condition is retained, 27 of the 109 units would be required to be workforce housing FLUA Amendment Staff Report 5 Cheney Ranch (LGA ) Page 147

6 The applicant's assertion that because the workforce housing program was not in effect at the time does not provide adequate justification for the elimination of the Workforce Housing condition as it was required as part of the residential density increase. However staff does agree that a reduction in the required workforce housing units is appropriate given that the proposed development would reduce the total number of units. Utilizing the current workforce housing program provisions, the applicant would be required to provide 3 units (3%), based on the limited incentive program. However, staff is recommending that the condition be modified to add an additional 12% for a total requirement of 15% of the units as workforce housing. This number was derived by taking 58% (the percentage decrease in units) of the 27 units that would be required by the original condition which rounds up to 15% of the total units of the development. This would result in a total of 16 workforce housing units. 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. 4. Land Use Compatibility. Ensure that the densities and intensities of land uses are not in conflict with those of the surrounding areas, whether incorporated or unincorporated. Staff Analysis: As further discussed in Section C of this report, the amendment is compatible with the land uses surrounding the subject site and does not detract from the County Directions. 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.. Staff Analysis: As the amendment is seeking a reduction in residential density from High Residential, 8 units per acre to Medium Residential, 5 units per acre, no inconsistencies with the Urban/Suburban Tier requirements has been identified. 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 provides a compatibility analysis in Exhibit 3 and states "the request maintains the compatibility of the property with adjacent land uses by reducing the development's intensity." Surrounding Land Uses: Immediately abutting the site are the following: North: North of the subject site beyond the C-51 canal and Southern Blvd is a mixture of Commercial High and Industrial land use designations. East, West and South: To the east, west and south of the subject sites are the Pioneer Road and West Gun Club Road Neighborhood Plan areas, which primarily have a land use designation of Low Residential, 1 unit per acre (LR-1). Both neighborhoods are residential and have an average lot size of approximately 2.5 acres. 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. Staff Analysis: As the applicant is requesting a reduction in allowable units, there are no compatibility concerns FLUA Amendment Staff Report 6 Cheney Ranch (LGA ) Page 148

7 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 proposed amendment 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 sites are not located within a neighborhood plan area. However, the eastern site is just north of the West Gun Club Neighborhood Plan area and the western site is just north of the Pioneer Road Neighborhood Plan area. These neighborhood plans were received and filed by the Board of County Commissioners in 2012 and 2013, respectively. E. Public Facilities and Services Impacts The proposed amendment will reduce the allowable density on the sites from 260 dwelling units to 204 dwelling 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 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 Archeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, 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 Division reviewed this amendment based on the existing potential of 204 single family dwelling units. According to the County s Traffic Engineering Department (see letter dated August 6, 2014 in Exhibit 6) the amendment would result in a reduction of 92 net daily trips, and -5 AM and -6 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 based on the fact that the revised FLU generates less traffic from already approved FLU". The Traffic Study (see Exhibit 5) was prepared by Juan F. Ortega, P.E., Ph.D., with Land Design South, Inc., 2101 Centrepark West Dr., Suite 100, 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: FLUA Amendment Staff Report 7 Cheney Ranch (LGA ) Page 149

8 F. Florida Statutes (FS) and Florida Administrative Code (FAC) Data and Analysis Applicable to Florida Statues - Consistency with Urban Sprawl: The proposed amendment is not considered sprawl as it is within the Urban/Suburban Tier and within the Urban Service Boundary and provides an array of urban services and public facilities. 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 use development concepts, transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl. 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 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 October 6, To date, no objections through the IPARC process to this amendment have been received. In addition, a notice was sent on October 15, 2014, 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 November 18, In addition, on November 18, 2014, representatives of the West Gun Club Neighborhood Plan and Pioneer Road Neighborhood Plan area were notified by mail. As of the writing of this report, three comments have been received regarding zoning issues such as buffering (letters received are added to the Exhibits). C. Informational Meeting: The Planning Division hosted a meeting with area residents and interested parties to relay information regarding the amendment and development approval process on December 3, Twelve members of the public attended the meeting, including representatives from the West Gun Club and Pioneer Road Neighborhood Plan areas. Comments regarding the amendment were related primarily to zoning issues such as access and drainage, and the concern that the applicant may build more units than the 109 proposed in the zoning application. Several attendees who reside outside of the neighborhoods raised issues that were not related to the proposed amendment such as the previously proposed (but withdrawn) Interlocal Service Boundary Agreement (ISBA) with Greenacres related to annexations, the Urban Redevelopment Area and the Seven Fifty plan. Staff directed these members of the public to the appropriate contacts. VIII. Conclusions and Recommendation The proposed amendment is requesting a change in future land use on the western site from HR-8 to MR-5 in order to reduce the allowable density from 260 to 204 units. The request also includes the elimination of previously adopted conditions which would remove the requirement for 25% of the units to be priced as workforce housing. However, staff does not agree with the elimination of the workforce housing condition as requested by the applicant and recommends a modification of the condition to require 15% of the units as workforce housing. The amendment meets all public facility requirements for a land use amendment and is not considered urban sprawl. In addition, the subject parcel is compatible with adjacent future land uses and meets all applicable policies of the Comprehensive Plan. As such, staff recommends approval with a condition of the applicant s request FLUA Amendment Staff Report 8 Cheney Ranch (LGA ) Page 150

9 Exhibits Page 1. Future Land Use Map & Legal Description E-1 2. Applicant s Justification Statement E-4 3. Applicant s Consistency with the Comprehensive Plan and Florida Statutes E-7 4. Applicant s Public Facility Impacts Table E-9 5. 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 s Disclosure of Ownership Interests E Correspondence E FLUA Amendment Staff Report 9 Cheney Ranch (LGA ) Page 151

10 Exhibit 1 Amendment No: Cheney Ranch (LGA ) FLUA Page No: 64 Amendment: Location: High Residential, 8 units per acre (HR-8) to Medium Residential, 5 units per acre (MR- 5) on acres and to modify a condition on acres East and west sides of Jog Rd, south of Southern Blvd (SR80) and the C-51 Canal Size: Property No: acres approximately MR-5 (Ord ) ; ; 0.49 portion of that is clarified as having LR-1 FLU HR-8 to MR-5 (Ord ) ; ; ; ; ; ; Conditions: To delete conditions of approval adopted by Ord & Ord as shown with deleted text struck out below, and to add a condition shown in underline: At the submittal for the Zoning application for approval by the Board of County Commissioners. The development shall comply with the greater of the following two requirements for Workforce Housing: a. Twenty-five (25%) of the total units, or b. the total number of workforce units required by the effective County workforce Housing Program. Residential development on the site shall be limited to a maximum of 109 dwelling units FLUA Amendment Staff Report E - 1 Cheney Ranch (LGA ) Page 152

11 Legal Description East of Jog, Ord , & PARCEL 1: The North one-half of the Northwest Quarter of the Northeast Quarter of Section 3, Township 44 South, Range 42 East, Palm Beach County, Florida, LESS and EXCEPT Jog Road right-of-way. Subject to the Right-of-Way of the C-51 Canal. Together with the 0.49 portion of that is clarified as having LR-1 FLU: The West feet of the West 1/5 of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 3, Township 44 South, Range 42 East, Palm Beach County, Florida. LESS and EXCEPT right-of-way for West Gun Club Road according to Road Plat Book 1, page 212, Public Records of Palm Beach County, Florida. West of Jog, Ord , , , , , PARCEL 4: The North 1/2 of Tract 1, Block 13, THE PALM BEACH FARMS CO PLAT NO.3, a Subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Pages 45 to 54, together with the rights granted to grantor in Official Records Book 1516, Page 559. PARCEL 5: That part of the East 1/2 of Tract 76, lying South of State Road 80, in Block 5 of THE PALM BEACH FARMS CO. PLAT NO.3, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Pages 45 to 54, inclusive. PARCEL 6: The West 1/2 of Tract 76, Block 5, lying South of the West Palm Beach Canal, THE PALM BEACH FARMS COMPANY PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 45. PARCEL 7: That 50 foot wide strip of land lying South of the Westerly 570' of Tract 76, Block 5, and North of Tract 1, Block 13, THE PALM BEACH FARMS CO. PLAT NO. 3, recorded in Plat Book 2, Pages of the Public Records of Palm Beach County Florida. PARCEL 8: That part of Tract 75, Block 5, THE PALM BEACH FARMS COMPANY PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 45, lying South of and being adjacent to the Southerly right-of-way line of the West Palm Beach Canal C FLUA Amendment Staff Report E - 2 Cheney Ranch (LGA ) Page 153

12 Together with: The North feet of the South 330 feet of Tract 1, Block 13, THE PALM BEACH FARMS CO., PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. AND The North feet of the South 330 feet of that part of the West 1/2 of Section 3, Township 44 South, Range 42 East, lying East of and adjacent to the South 1/2 of Tract 1, Block 13, THE PALM BEACH FARMS CO. PLAT NO. 3, less any rights-of-way for Jog Road, according to the Plat thereof recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida. PARCEL 9: The East half of Tract 2, Block 13, THE PALM BEACH FARMS CO. PLAT NO.3, according to the Plat thereof recorded in Plat Book 2, Pages 45 to 54 inclusive, in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. PARCEL 10: That 50 foot wide strip of land lying South of the East half of Tract 75, Block 5 and North of the East half or Tract 2, Block 13. THE PALM BEACH FARMS CO. PLAT NO. 3, recorded in Plat Book 2, Pages of the Public Records of Palm Beach County, Florida; AND The North half of that 50 foot wide strip of land lying South of the West half of Tract 75, Block 5, THE PALM BEACH FARMS CO. PLAT NO. 3, recorded in Plat Book 2, Pages of the Public Records of Palm Beach County, Florida. PARCEL 11 The East 15 feet of that 30 foot wide strip of land lying between Tracts 74 and 75, Block 5, and South of West Palm Beach Canal, THE PALM BEACH FARMS CO. PLAT NO. 3, recorded in Plat Book 2, Pages of the Public Records of Palm Beach County, Florida. Total Land area Said lands situate in Palm Beach County, Florida and contain acres, more or less FLUA Amendment Staff Report E - 3 Cheney Ranch (LGA ) Page 154

13 Exhibit 2 Applicant s Justification Statement JUSTIFICATION STATEMENT Cheney Ranch South side of Southern Blvd and Jog Road Control # Large Scale Future Land Use Amendment Round 15-1 Initial Submittal: August 8, 2014 Revised August 20, 2014 INTRODUCTION On behalf of the Petitioner, Land Design South is requesting a Large Scale Future Land Use Atlas Amendment for the property known as Cheney Ranch, located at on the south side of Southern Blvd, flanking Jog Road to the east and west. The proposed FLUA Amendment for acres is comprised of two components as follows seeks to: West side of Jog Road: o Change the future land use for the west side of the site from HR-8 (High Residential, 8 units per acre) to MR-5 (Medium Residential, 5 units per acre) o Previously subject to Ordinance Number for acres from Low Residential, 1 unit per acre (LR-1) on acres and Commercial Low, with an underlying 1 unit per acre (CL/1) on 7.36 acres to High Residential, 8 units per acre (HR-8) o Please note that the acreage in Ord did not accurately reflect the total acreage in the legal description which correctly totaled acres. This proposed amendment utilizes the correct acreage reflected in the Ord legal description. o Delete a condition of approval adopted by Ordinances on this acre site that reads: At the submittal for the Zoning application for approval by the Board of County Commissioners. The proposed development shall comply with the greater of the following two requirements for Workforce Housing: a. Twenty-five percent (25%) of the total units or b. The total number of workforce units required by the effective County workforce housing program East side of Jog Road: o Delete a condition of approval adopted by Ordinances on this acre site that reads: 15-1 FLUA Amendment Staff Report E - 4 Cheney Ranch (LGA ) Page 155

14 At the submittal for the Zoning application for approval by the Board of County Commissioners. The proposed development shall comply with the greater of the following two requirements for Workforce Housing: a. Twenty-five percent (25%) of the total units or b. The total number of workforce units required by the effective County workforce housing program The following justification statement addresses the appropriateness of the requested amendments and consistency with the County Comprehensive Plan. JUSTIFICATION FOR LAND USE AMENDMENT The future land use atlas amendment is requested due the Petitioner s proposed change in use of the site. Currently the subject property is approved for 260 multi-family dwelling units, with 86 condo units on the eastern parcel and 174 apartment units on the western parcel. The proposed use will be 109 single family units with 53 units on the eastern parcel and 56 units on the western parcel. Under Ordinance the future land use for the acre western parcel was amended to HR-8. The proposed amendment to change the future land use from HR-8 to MR-5 will allow the project to comply with minimum allowed densities as set forth in Comprehensive Plan Table III.C.1. The minimum density of HR-8 is 5 units/ac while there is no density minimum set for MR-5. Due to a change in proposed use from multi-family to single family residential, the 5 units/ac minimum density of HR-8 cannot be achieved. The overall density for the site will be +/-2.66 du/acre under the current proposal. The proposed future land use atlas amendment request will require modification of the acreage associated with Ordinance to be consistent with the proposed request. Specifically, the Ordinance will need to be revised to correct the acreage of the west property from to acres. Following the purchase of the property by the Petitioner, an amendment to the acreage of the property was reconciled to the legal description and acreage increased. There is also an error in Ordinances which calls for the 20.8 acres east property to be HR-8 instead of MR-5. The current future land use for the eastern property is Medium Residential, 5 units per acres and will remain unchanged by this future land use atlas amendment application. The petitioner requests to delete a condition of approval in Ordinances and in relation to Workforce Housing requirements. The condition of approval in Ordinances and states: B. Conditions: This parcel is subject to the following condition: At the submittal for the Zoning application for approval by the Board of County Commissioners. The proposed development shall comply with the greater of the following two requirements for Workforce Housing: a. Twenty-five percent (25%) of the total units or 15-1 FLUA Amendment Staff Report E - 5 Cheney Ranch (LGA ) Page 156

15 b. The total number of workforce units required by the effective County workforce housing program This condition was written prior to the adoption of the current workforce housing program. The petitioner proposes to develop the site with 109 single family units which fall below the standard density requirements for workforce housing and therefore additional density is not being sought through the Workforce Housing Program. Based upon the standard Workforce Housing Limited Incentive program the calculation for Workforce Housing dwelling units (WFH) is as follows: 109 dwelling units x 2.5% = 3 total WFH Units (2.725 rounded up) These units can be purchased/bought-out for $81,500 per dwelling unit. Therefore, three Workforce Housing units are proposed for the Cheney Ranch development FLUA Amendment Staff Report E - 6 Cheney Ranch (LGA ) Page 157

16 Exhibit 3 Applicant s Consistency with the Comprehensive Plan and Florida Statutes COMPATIBILITY The proposed use will be 109 single family units, a reduction in 151 dwelling units from the previous approval. The surrounding uses are primarily single family residential and therefore a change from a multifamily use to single family is in keeping with the character of the neighborhood. Currently the subject property is approved for 260 multi-family dwelling units. This results in a decrease in density on the site from the previously approved 6.40 units/acre to 2.66 units/acre. The request maintains the compatibility of the property with the adjacent land uses by reducing the development s intensity. By decreasing density and changing the use from multi-family to single family, adverse effects on the surrounding lands will be minimized. Additionally, enhanced buffers and setbacks along the southern and eastern property lines will be maintained as outlined in the Settlement Agreements. A breakdown of the surrounding uses is provided below North: to the north of Cheney Ranch is Southern Blvd. On the north side of Southern Blvd. are properties currently developed as industrial and high intensity commercial. The Future Land Use designations are CH-8, HR-8, CH/IND and Zoning is CG/AR. West: to the west, single family residential properties. The Future Land Use designation is LR- 1 and Zoning is RE/AR. South: to the south are single family residential, utility and vacant properties. The Future Land Use designation is LR-1 and the Zoning is RE/AR. East: to the east are single family residential properties. The Future Land Use designation is LR-1 and the Zoning is RT. Compliance with objective 1.2 Urban/Suburban Tier of the Comprehensive Plan As previously noted, this development is located within the Urban/Suburban Tier and was approved based on its demonstration of compliance with the Policies outlined below. The proposed modification to the future land use and to the condition of approval does not alter the development s intensity, character or compliance with these policies. The proposed amendment seeks to change the future land use from High Density Residential (HR-8) to Medium Density Residential (MR-5). This falls within the Residential Category as allowed in item #1 of Policy 1.2-a. Policy 1.2-b: The County shall establish and maintain minimum densities in residential future land use categories of eight units per acre or greater, as specified in Table To promote the most efficient use of infrastructure and reduce the potential for urban sprawl, development shall not be 15-1 FLUA Amendment Staff Report E - 7 Cheney Ranch (LGA ) Page 158

17 permitted lower than the established minimum density of a future land use category, unless exempted as provided below, 1. The Planning Director may approve a 25% exemption from the minimum density requirement subject to the following: a) The proposed density reduction shall not exceed 25% of the specified minimum density of the applicable future land use category; and, b) An analysis must be completed by the applicant that demonstrates: i) that the impact of the reduction in density does not negatively impact or result in the under utilization of the overall infrastructure system; and, ii) the resulting density of the proposed project is compatible with existing and proposed adjacent future land uses. 2. Property which, at the time of Plan adoption (August 1989), had zoning approval that allowed fewer dwelling units than the minimum required by the plan may also be exempted from the minimum density requirements. The proposed amendment to change the future land use from High Residential 8 (HR-8) to Medium Residential 5 (MR-5) will allow the project to comply with minimum allowed densities. The minimum density of High Residential 8 is 5 units/ac while there is no density minimum set for Medium Residential 5. Due to a change in proposed use from multi-family to single family, the 5 units/ac minimum density of High Residential cannot be achieved. The surrounding uses are primarily single family residential and therefore a change from a multifamily use to single family is in keeping with the character of the neighborhood. III. CONCLUSION On the basis of this assessment, it is considered that the proposal is appropriate to amend the future land use and ordinances as requested. The proposal is considered to be consistent with the policies of the Palm Beach County Comprehensive Plan. Changing the future land use atlas reduces the intensity of the development by allowing a change in use from 260 multifamily units to 109 single family units. This allows the property to meet minimum density requirement of the Comprehensive Plan Table III.C.1. The single family use is in keeping with the character of the surrounding neighborhood which is primarily single family use. This request does not further intensify the development. In addition, correction of the property s acreage will allow for accuracy and consistency of the Ordinance with the property. Deletion of the conditions of approval allows the site to be consistent with current workforce housing code requirements and allows further design options to develop the property in a cohesive and effective manner FLUA Amendment Staff Report E - 8 Cheney Ranch (LGA ) Page 159

18 Exhibit 4 Applicant s Public Facilities Table VIII. Public Facilities Information A. Traffic Information I In order to be accepted on the day of intake, the application must include a written letter from the County Engineering Department indicating compliance with Policy 3.5-d of the FLUE of the Comprehensive Plan. The letter must state if the traffic generation for the amendment meets FLUE 3.5- d at the maximum density/intensity for the proposed future land use designation or the square footage/use proposed to be assigned as a voluntary condition of approval. Call the Traffic Division at or visit for more information. Voluntary Condition or SCA Maximum Current FLU 2132 Maximum Proposed FLU Difference (92) (92) Significantly impacted roadway segments that fail (Long Range) Significantly impacted roadway segments for Test 2 Traffic Consultant Land Design South None None None None B. Mass Transit Information Nearest Palm Tran Route(s) Nearest Palm Tran Stop Nearest Tri Rail Connection The nearest Palm Tran route is Route 40 which runs along Southern Blvd. directly adjacent to the north property line The nearest Palm Tran stop is located 1.5 miles from the site at Belvedere Rd. and Flatrock Road on Route 44. Palm Tran Route 44 is located 1.5 miles from the site at Belvedere Rd. and Flatrock Road. This route has a direct connection to the West Palm Beach Tri- Rail station C. Potable Water & Wastewater Information The application must include a Potable Water & Wastewater Level of Service (LOS) comment letter as Attachment I. This letter should state the provider/s of potable water and wastewater is/are able to maintain their current level of service standard established by the potable water provider, while accommodating the increase of density/intensity of the proposed amendment. Potable Water & Wastewater Providers Palm Beach County Water Utilities Department (PBCWUD) 15-1 FLUA Amendment Staff Report E - 9 Cheney Ranch (LGA ) Page 160

19 Nearest Water & Wastewater Facility, type/size Existing 30 watermain and 6 forcemain are located in the Jog Rd. r/w along the property boundary D. Drainage Information Drainage for the property to be provided by Lake Worth Drainage District. Please refer to Attachment J for the Drainage Statement prepared by Schnars Engineering, dated 8/8/2014. E. Fire Rescue Nearest Station Palm Beach County Fire Station #34 Distance to Site 2.5 miles Response Time Estimated 7:30 / Average (FY 2013) 6:55 Effect on Resp. Time Per the letter from Fire Response, provided as Attachment K, the amendment of this property will have little impact on Fire Rescue. F. Environmental Significant habitats or species There is a melaleuca dominated wetland in the southeast corner of the west side of the property. No listed animals, and no plant species listed as protected by federal, state, or local environmental regulatory agencies were observed on the parcel. Refer to Attachment L, the Environmental Analysis, as provided by Land Design South. Flood Zone* The property is in Floodzone B. Wellfield Zone* The subject property is located outside any wellfield protection zone. Refer to Attachment I for the location of the nearest wellfied zone in relation to the subject property. G. Historic Resources There are no known archeological resources within 500 of the subject property. The West Palm Beach Canal is listed as a historical resource but no adverse effects to this resource are anticipated. Refer Attachment N for the Historical Resources reveiw letter. H. Parks and Recreation Residential Only Park Type Name and Location Level of Service* Population Change Regional Okeeheelee Park Beach RG Kreusler Park District Lake Lytal Park Change in Demand 15-1 FLUA Amendment Staff Report E - 10 Cheney Ranch (LGA ) Page 161

20 I. Libraries Residential Only Library Name Address PBC Main 3650 Summit Blvd City, State, Zip West Palm Beach, FL Distance Component 4.2 miles Level of Service Population Change Collection 2 holdings per person Periodicals 5 subscriptions per 1,000 persons Info Technology $1.00 per person Change in Demand 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 Residential Only Request for Comment Letter provided as Attachment O. Elementary Middle High Name Benoist Farms Jeaga Middle Royal Palm Beach Community Address 1765 Benoist Farms 3777 N. Jog Rd Okeechobee Blvd. City, State, Zip W. Palm Beach W. Palm Beach Royal Palm Beach Distance 3.8 miles 4.5 miles 6.2 miles 15-1 FLUA Amendment Staff Report E - 11 Cheney Ranch (LGA ) Page 162

21 Exhibit 5 Traffic Study (Available to the LPA & 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: FLUA Amendment Staff Report E - 12 Cheney Ranch (LGA ) Page 163

22 Exhibit 6 Traffic Division Letter 15-1 FLUA Amendment Staff Report E - 13 Cheney Ranch (LGA ) Page 164

23 Exhibit 7 Water & Wastewater Provider LOS Letter 15-1 FLUA Amendment Staff Report E - 14 Cheney Ranch (LGA ) Page 165

24 Exhibit 8 Palm Beach County School District LOS Letter 15-1 FLUA Amendment Staff Report E - 15 Cheney Ranch (LGA ) Page 166

25 Exhibit 9 Disclosure of Ownership Interests 15-1 FLUA Amendment Staff Report E - 16 Cheney Ranch (LGA ) Page 167

26 15-1 FLUA Amendment Staff Report E - 17 Cheney Ranch (LGA ) Page 168

27 15-1 FLUA Amendment Staff Report E - 18 Cheney Ranch (LGA ) Page 169

28 15-1 FLUA Amendment Staff Report E - 19 Cheney Ranch (LGA ) Page 170

29 15-1 FLUA Amendment Staff Report E - 20 Cheney Ranch (LGA ) Page 171

30 15-1 FLUA Amendment Staff Report E - 21 Cheney Ranch (LGA ) Page 172

31 Exhibit 10 Correspondence 15-1 FLUA Amendment Staff Report E - 22 Cheney Ranch (LGA ) Page 173

32 15-1 FLUA Amendment Staff Report E - 23 Cheney Ranch (LGA ) Page 174

33 15-1 FLUA Amendment Staff Report E - 24 Cheney Ranch (LGA ) Page 175

34 15-1 FLUA Amendment Staff Report E - 25 Cheney Ranch (LGA ) Page 176

35 As of the publication of the BCC Transmittal Hearing report, the Division had received 23 s of the following: 15-1 FLUA Amendment Staff Report E - 26 Cheney Ranch (LGA ) Page 177

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