DEO TRANSMITTAL, JULY 23, 2018

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1 Item: A.2. FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 18-D A. Application Summary I. General DEO TRANSMITTAL, JULY 23, 2018 Project Name: Lake Worth Royale (LGA ) Request: Acres: Location: Project Manager: Applicant: Owner: Agent: Staff Recommendation: LR-2 to HR-8 and CH/ acres South side of Lake Worth Road, west of Florida Turnpike at Hooks Road Bryce Van Horn, Senior Planner TLH-82 DOT, LLC Florida Dept. Of Transportation (FDOT)/ Florida s Turnpike Enterprise Evans Land Consulting, LLC Staff recommends approval with conditions based upon the findings and conclusions contained within this report. II. Assessment & Conclusion The amendment proposes to change the future land use designation from Low Residential, 2 units per acre (LR-2), to High Residential, 8 units per acre on acres and Commercial High (CH) on 3 acres. Under LR-2 the applicant can develop up to 125 dwelling units (4.6 units per acre) using all available density bonuses through the Transfer of Development Rights (TDR) and Workforce Housing (WHP) Programs. The applicant s intent for the HR-8 portion is to develop a 375 multifamily housing development (14 units per acre density) with 108 of the proposed units requested as Workforce Housing Program (WHP) density bonus and 51 units requested as Transfer of Development Rights (TDR) density bonus as part of the zoning application. The seeking approval for a restaurant, offices, and child care center on the CH portion. The site is located in a suburban area on Lake Worth Road, just west of the Florida Turnpike and within the West Lake Worth Road Neighborhood Plan area. The Commercial portion of the site met the Commercial Location Criteria under the current configuration since it shares a common boundary with a commercial property to the west. Although, the proposed Zoning application s non planned collector road along this boundary will sever this contiguity, the proposed condition requiring cross access will ensure that the request is consistent with this policy. Policy 2.4-b requires the use of the TDR program as the mandatory method of increasing density unless the property owner can provide an adequate justification and demonstration that the current density is inappropriate. The applicant is seeking a density higher than available under the LR-2 designation. The proposed amendment is appropriate, compatible, and consistent with Comprehensive Plan amendment policies to increase density with the staff recommended conditions including the requirement for 25% WHP and the purchase of TDRs. 18-D FLUA Amendment Staff Report 1 Lake Worth Royale (LGA )

2 III. Hearing History Local Planning Agency: Approval with modified conditions, motion by Neil Merin, seconded by Edwin Ferguson, passed in a 7-3 vote with David Dinin, Barbara Roth, and David Freudenberg dissenting at the July 13 th public hearing. The modified condition was to establish a minimum of 19% of the units as workforce housing as supported by the applicant rather than a minimum 25% recommended by staff, and to revise the traffic condition of approval to reflect trips rather than square footage/uses. Staff and the applicant support the change to the traffic condition and staff modified Exhibit 1. The Board discussion included questions regarding whether the 25% workforce condition was codified, and comments of concern for the high density, but in support of the daycare opportunity onsite along with the potential for workforce housing for families, and the need to limit trips rather than square footage for Policy 3.5-d consistency. Three members of the public spoke in opposition, including two representatives of the Lake Worth Road Coalition, expressing concerns regarding high density, traffic impacts, and safety issues particularly related to the access limitations. Board of County Commissioners Transmittal Public Hearing: Transmit as recommended by PLC, motion by Comm. Abrams, seconded by Comm. Kerner, passed in a 6 to 0 vote (with Comm. Burdick absent) at the July 23 rd public hearing. Board discussion included comments regarding the need for workforce housing, questions regarding the applicant s suggestion to provide workforce units in 2 and 3 bedroom units, and concern regarding the access to the site. The Board directed staff to continue working between transmittal and adoption on connectivity to Polo Road and to continue working with the applicant on the workforce housing condition. Four members of the public spoke in opposition, including three representatives of the Lake Worth Road Coalition, citing concerns regarding increased traffic, incompatibility, and safety issues due to the lack of a connection to Polo Road. State Review Comments: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\18-D\Reports-Agendas\3-DEOTranPacket\A-2_18-D_Lake Worth Royale-Rpt.docx 18-D FLUA Amendment Staff Report 2 Lake Worth Royale (LGA )

3 Future L a nd Use Atl as Amendment Lake Worth Royale (LGA ) Site Data Size: acres LR-2 Existing Use: Vacant LR-3 Proposed Use: Gas Station and Residential MR-5 CUrrent FLU: LR-2 HR-8 Proposed FLU: CHand HR-8 g;' 1 ~ Future Land Use Designations CH/3 Low Residential, 2 units per acre CL-0 Commercial Low Office Low Residential, 3 units per acre CL-012 CL-0, underlying LR-2 Medium Residential, 5 units per acre Cl.X/3 CL Crosshatching, underlying LR-3 High Residential, 8 units per acre INST Institutional and Public Facilities Commercial Low, underlying 3 dulacre INST/5 INST, underlying M R-5 Commercial High, underlying 2 du/acre UT Util~ies and Transportation Commercial High, underlying 3 du/acre Cttle=: 12/&20 17 Cc!n'.,d. Pf.:.nrittg OMWt fiio'i:ntc: MIGID\18 09'~ t+j1e: M~ s ootdki:ll, lar ~~ns.,fa pj!jio::escnly. Planning, Zoning & Bu:ilcfing 2300 N. Jog Rd, VvPB. Fl3341t Phone {!e1} D FLUA Amendment Staff Report 3 Lake Worth Royale (LGA )

4 B. Petition Summary I. General Data Project Name: Lake Worth Royale (LGA ) Request: Acres: Location: Project Manager: Applicant: Owner: Agent: II. Site Data Current FLU: Existing Land Use: Current Zoning: Current Dev. Potential Max: Proposed FLU: Proposed Zoning: Dev. Potential Max/Conditioned: LR-2 to HR-8 and CH/ acres South side of Lake Worth Road, west of Florida Turnpike at Hooks Road Bryce Van Horn, Senior Planner TLH-82 DOT, LLC Florida Dept. Of Transportation (FDOT)/ Florida s Turnpike Enterprise Evans Land Consulting, LLC Current Future Land Use Low Residential, 2 units per acre (LR-2) Vacant Residential Transitional (RT) Residential, up to 60 dwelling units on acres (not including additional units available through the Workforce Housing and Transfer of Development Rights Programs). Proposed Future Land Use Change Commercial High with underlying LR-2 (CH/2) on 3.00 acres and High Residential, 8 units per acre (HR-8) on acres General Commercial (CG) & Planned Unit Development (PUD) Residential, up to 216 dwelling units (375 proposed with Workforce Housing and Transfer of Development Rights bonus density) on acres, and non-residential uses on 3 acres. General Area Information for Site Tier/Tier Change: Urban Suburban Tier No Change Utility Service: Palm Beach County Water Utilities Department Overlay/Study: West Lake Worth Road Neighborhood Plan (WLWRNP) Annexation Area: City of Greenacres Comm. District: Melissa McKinlay, District 6 18-D FLUA Amendment Staff Report 4 Lake Worth Royale (LGA )

5 C. Introduction I. Intent of the Amendment The amendment is proposing to change the future land use designation of the acre site from one future land use designation, Low Residential, 2 units per acre (LR-2), to two future land use designations, High Residential, 8 units per acre (HR-8) on acres and Commercial High (CH) on 3 acres. The amendment has two concurrent zoning applications. Application Z/CA (Allie Polo) is a request to rezone the proposed 3 acres of commercial from the Residential Transitional (RT) Zoning District to the General Commercial (CG) Zoning District with the intent to seek development order approval for 2,900 SF restaurant, 2,500 SF office, and 12,998 SF day care (general) uses. Application PDD/CA (Lake Worth Royal PUD) is a request to rezone approximately 27 acres from the RT Zoning District to the Planned Unit Development (PUD) Zoning District with a request for a total of 375 multifamily unit development inclusive of 108 Workforce Housing Program (WHP) bonus density units and 51 Transfer of Development Rights (TDR) bonus density units. The only access to the site is currently from Lake Worth Road, crossing the LWDD L-12 canal and via a 15 foot easement on the subject property and a 20 foot easement on the neighboring commercial property to the west. Hooks Road currently meanders within these easements for access to the parcels as they are configured now. Hooks road is an unimproved dirt road and does meet minimum Code standards for the proposed Zoning applications. In order to meet standards for access and frontage for a PUD, the Zoning applications include a proposal to dedicate land area along Hooks Road for an 80 foot right-of way for construction of a non-planned collector road. The proposed commercial Zoning parcel intends to access Lake Worth Road via this proposed roadway. II. Background/History The acre subject site is in the Urban/Suburban Tier and is located on the south side of Lake Worth Road, west of Florida Turnpike southbound interchange, at Hooks Road, within the West Lake Worth Road Neighborhood Plan (WLWRNP) area. This site was part of a larger site encompassing 51 acres, all of which was acquired by the Florida Department of Transportation (FDOT) in 2007 & 2008 for a reconfiguration of the Turnpike interchange at Lake Worth Road. A new interchange was constructed utilizing 20 of the 51 acres to relocate the south bound on and off ramps from the north side of Lake Worth Rd. to this location, and construct a toll plaza and drainage area. The remaining land area, now the subject of the proposed amendment, was not required for the interchange improvements and FDOT invited bids for the land as surplus. The applicant of this current proposed amendment is the contract purchaser of the property. Prior to acquisition by FDOT, the property was mostly in equestrian uses and included one single family home. All of the structures and uses have since been removed however and the site remains vacant today. The site has not been the subject of any previous adopted future land use amendments since assignment of the property s LR-2 designation in the County s 1989 Comprehensive Plan. However, the applicant submitted the amendment application in November of 2017 originally proposing HR-12 and CH designations. The proposed amendment was heard at the April 13, 2018 Planning Commission wherein the board recommended denial (12-0 vote) and at the May 2, 2018 Board of County Commissioners (BCC) Comprehensive Plan Transmittal 18-D FLUA Amendment Staff Report 5 Lake Worth Royale (LGA )

6 public hearing wherein the applicant requested a postponement from the 18-C round of amendments to the current 18-D round. The BCC granted the applicant s postponement request (5-2 vote). The applicant subsequently revised the application to request an HR-8 designation instead of HR-12 with the proposed CH part of the request remaining the same. As a result, the applicant also revised the concurrent PUD Zoning application to include a WHP density bonus of 50% and a TDR application and revised the uses proposed for the concurrent commercial zoning application. Overview of the Area Beginning in 2008, various property owners in the area began submitting FLUA amendments to increase density and/or intensity. This activity prompted residents from eight of the surrounding communities to create the West Lake Worth Road Neighborhood Plan (WLWNP). The Neighborhood establishes a Master Plan that recommends density increase up to, but not exceeding, a density of 5 units per acre in the vicinity of the subject site. The Neighborhood Plan was completed and formally received and filed by the Board of County Commissioners in November Subsequently, the County has adopted several amendments to establish commercial or increase residential density in the Neighborhood Plan area. D. Consistency and Compatibility I. Data and Analysis Summary This section of the report examines the consistency of the amendment with the County s Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and the impacts on public facilities and services. A. Consistency with the Comprehensive Plan - General 1. Justification: FLUE Policy 2.1-f: Before approval of a future land use amendment, the applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on: 1. The natural environment, including topography, soils and other natural resources; (see Public Facilities Section) 2. The availability of facilities and services; (see Public Facilities Section) 3. The adjacent and surrounding development; (see Compatibility Section) 4. The future land use balance; 5. The prevention of urban sprawl as defined by (51), F.S.; (see Consistency with Florida Statutes) 6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and (see Neighborhood Plans and Overlays Section) 7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. (see Public and Municipal Review Section) The Applicant has prepared a Justification Statement (Exhibit 2) which is summarized as follows: 18-D FLUA Amendment Staff Report 6 Lake Worth Royale (LGA )

7 The site is located adjacent to the Turnpike and that the increase in density and commercial will be more compatible with surrounding land uses and conditions; The development is adjacent to existing facilities and services and creates an efficient and consistent pattern of land use; The amendment provides a necessary balance of land uses in the area; The amendment is consistent with the West Lake Worth Road Neighborhood Plan and surrounding land uses; The amendment represents responsible and desirable infill development; and The amendment will result in significant Workforce Housing opportunities; Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment analysis and many of the items are addressed elsewhere in this report as identified above. The acre subject site currently has a Low Residential, 2 unit per acre, (LR-2) future land use designation and can be developed with residential uses at a density of 2 units per acre (60 units) under the future land use designation, or can pursue additional bonus density through the Transfer of Development Rights (TDR) and Workforce Housing Program (WHP) for up to 4.6 units per acre (125 units). The applicant proposes to change the future land use designation to Commercial High (CH) on 3 acres for the development of a mix of commercial and institutional uses, and to High Residential, 8 units per acre (HR-8) on acres for up to 216 units. Through the TDR and WHP density bonus programs, a property owner with HR-8 can request up to 14 units per acre (378 units). The applicant is proposing almost 14 units per acre utilizing the County s WHP bonus density program to its full extent, a 50% WHP bonus density, and nearly all TDR bonus density units available for request for a total of 375 proposed units. Due to the traffic study, the application will be limited to the maximum intensity and density proposed by the applicant at 375 dwelling units (13.9 units per acre) and the proposed non-residential uses on the commercial portion. The site is surrounded by 5 units per acre (MR-5) to the west and south, therefore a density increase through the TDR and WHP density programs up to the maximum 4.6 units per acre is not inappropriate. There is no evidence also that the land uses in the area are not balanced, and all development in the Urban Suburban Tier represents an efficient use of existing facilities. However, there have been changes in the area with recent amendments that increased the adjacent future land use densities and intensities to the south and west from LR-2 to MR-5 or CH/2, and the subject site may therefore be considered infill development. Being considered infill can in general be the basis for a justification for increasing density up to, but not in excess of, the surrounding densities. This proposed amendment on this specific site for commercial near Lake Worth Road and higher densities is unique however given its location adjacent to Florida s Turnpike. Regarding the neighborhood plan, the plan does not identify, as with other properties, whether or what increases in density should be accommodated on this specific site. At the time the neighborhood plan was formulated, the future potential for the subject site was identified as a property anticipated to be used for the Florida Turnpike. The neighborhood plan is therefore silent as to its desired potential if not developed for Turnpike purposes. The neighborhood plan does not preclude the use of TDR and Workforce Housing bonus densities. Since the neighborhood does not address specific densities on the subject site, the amendment is not exempt from utilizing the TDR program to increase density and the amendment to HR-8 may only be justified with the use of the TDR program (see neighborhood plan section for discussion). Considering the applicant is now proposing HR-8 instead of HR-12 and proposing to utilize the TDR program to nearly its fullest extent 18-D FLUA Amendment Staff Report 7 Lake Worth Royale (LGA )

8 and WHP bonus density, the site s location and surrounding conditions, the inclusion of conditions requiring that a percentage of the dwelling units (exceeding minimum ULDC requirements) be workforce housing units and be required on site, and that TDR bonus density be required as part of the increased density, the applicant has met the requirements for an adequate justification. The commercial request is was previously considered inconsistent with the Commercial Location Criteria (see Policy b discussion below) given the proposed commercial parcel configuration would be subdivided and no longer share a common border with the existing commercial to the west. However, with a condition requiring connectivity to the commercial to the west, and given that the proposed commercial and residential development will share access, the intent of the policy to discourage strip commercial development and foster connectivity will be furthered and the inconsistency will be mitigated. Therefore, the applicant has met the requirements for adequate justification. 2. County Directions FLUE Policy 2.1-g: The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County. Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cost efficient timely manner. Direction 3. Infill, Redevelopment and Revitalization. Address the needs of developed urban areas that lack basic services, and encourage revitalization, redevelopment, and infill development in urban areas to increase efficient use of land and existing public facilities and services. Direction 4. Land Use Compatibility. Ensure that the densities and intensities of land uses are not in conflict with those of surrounding areas, whether incorporated or unincorporated. Staff Analysis: Development on this site would be considered infill given surrounding future land uses of MR-5 immediately abutting the site, various commercial land uses, and the sites location adjacent to the Florida Turnpike. Increases in density within the Tier do make efficient use of facilities and services that are already in place. The Growth Management direction calls for the transfer of development rights as the required method for most density increases. This direction is further implemented by Policy 2.4-b which is discussed in more detail below under Density Increases Policy 2.4-b of this report. The amendment proposes to increase density on the site from 2 units per acre to 8 units per acre and in addition utilize the TDR program and the WHP to increase the density up further. The HR-8 category is the next higher residential designation above the surrounding MR-5 and would not be out of character with the area. Given the applicant s proposed utilization of the TDR program and proposed conditions of approval, the amendment is consistent with the Growth Management Direction. 18-D FLUA Amendment Staff Report 8 Lake Worth Royale (LGA )

9 3. Piecemeal Development - Policy 2.1-h: The County shall not approve site specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels. Staff Analysis: The definition of piecemeal development in the Comprehensive Plan describes A situation where land, under single ownership or significant legal or equitable interest (by a person as defined in Section [4] F.S., is developed on an incremental basis, or one piece at a time, with no coordination or overall planning for the site as a whole. The subject site is currently comprised of six parcels that are the remainder surplus parcels from construction of the Turnpike south bound interchange to the east. All of the surplus parcels are under contract by the FDOT and Florida s Turnpike Enterprise for sale and purchase by the applicant/contract purchaser. The applicant proposes to subdivide all the parcels for development of 3 acres of commercial and 27 acres of residential with both components relying on a non-planned collector roadway proposed to be constructed generally aligned along the current Hooks Road location for ingress and egress to Lake Worth Road. Even though the site is proposed to be subdivided for development in two designations, each portion is proposed to have access to the same roadway and are being considered together with this proposed amendment. Therefore, the proposed amendment is not piecemeal, and does not create a residual parcel. B. Consistency with Urban/Suburban Tier Requirements for the Specific FLU Future Land Use Element Objective 1.1, Managed Growth Tier System, states that Palm Beach County shall implement the Managed Growth Tier System strategies to protect viable existing neighborhoods and communities and to direct the location and timing of future development within 5 geographically specific Tiers.. The property is located in the Urban/Suburban Tier. The Comprehensive Plan contains several policies addressing future land uses in the Urban/Suburban Tier. 1. Policy 1.2-a: Within the Urban/Suburban Tier, Palm Beach County shall protect the character of its urban and suburban communities by: 1. Allowing services and facilities consistent with the needs of urban and suburban development; 2. Providing for affordable housing and employment opportunities; 3. Providing for open space and recreational opportunities; 4. Protecting historic, and cultural resources; 5. Preserving and enhancing natural resources and environmental systems; and, 6. Ensuring development is compatible with the scale, mass, intensity of use, height, and character of urban or suburban communities. Staff Analysis: The entire eastern border of the site is adjacent to Florida s Turnpike and the Turnpike interchange. The residential portion of the proposed amendment is adjacent to approved and under construction residential development (Fields of Gulfstream PUD) with MR-5 & LR-3 future land use to the west and south with two story townhomes and a mix of one and two story zero lot line units. Actual densities range from over 10 units per acre to just under 5 units per acre directly adjacent to the subject site. The proposed 18-D FLUA Amendment Staff Report 9 Lake Worth Royale (LGA )

10 amendment to HR-8 would introduce a multifamily unit development and allow for a mix of unit types and development that is compatible with the surrounding communities considering the surrounding densities and designations. The concurrent Zoning application is proposing three story multifamily structures. The proposed commercial portion to a CH future land use fronts on Lake Worth Road and has existing CH designated property to the west as well. Therefore, this amendment is consistent with this policy. 2. Density Increases - Policy 2.4-b: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless: 1. an applicant can both justify and demonstrate a need for a Future Land Use Atlas (FLUA) Amendment and demonstrate that the current FLUA designation is inappropriate, as outlined in the Introduction and Administration Element of the Comprehensive Plan, or 2. an applicant is using the Workforce Housing Program or the Affordable Housing Program as outlined in Housing Element Objectives 1.1 and 1.5 of the Comprehensive Plan and within the ULDC, or 3. an applicant proposes a density increase up to, but not exceeding, the density proposed by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. To date, the following Neighborhood Plan qualifies for this provision: a. West Lake Worth Road Neighborhood Plan. TDR Overview: The Comprehensive Plan Future Land Use Atlas identifies the maximum allowable number of dwelling units for each property in the County by the future land use designation. To further specific policy objectives, the Plan also provides several means to increase density where appropriate, without requiring amendments to the Comprehensive Plan. Properties seeking a higher density than allowed by the adopted future land use designation can apply for an increase as follows: purchase of Transfer of Development Rights (TDR) in designated receiving areas, use of density bonuses available through the Workforce Housing (WHP), and Affordable Housing (AHP) Programs. Mandatory TDR Program. Since 1989, the TDR Program is the mandatory method of increasing density under Policy 2.4-b with a few exceptions. Those exceptions are unless the WHP or AHP density bonus is used, or a plan amendment can be justified. Sub-Policy 1 allows properties to be granted a future land use amendment to increase density if the applicant can justify and demonstrate a need for the change, and can demonstrate that the current designation is inappropriate. Sub-Policy 2 allows for increases if utilizing the Workforce Housing or Affordable Housing bonus density programs to achieve the higher densities. In addition, since 2012, Sub-Policy 3 allows properties within the West Lake Worth Road Neighborhood Plan area to achieve a density increase through the future land use amendment process provided that the proposed increase is identified in the Neighborhood Plan. Properties within the West Lake Worth Road Neighborhood Plan are permitted to achieve a density increase solely through the future land use amendment process, without the use of TDRs and WHP density bonuses, provided that the property is identified in the Neighborhood Plan with the proposed increase. The subject site is not addressed in the neighborhood plan with respect to appropriate increases in density, therefore the site cannot utilize option 3 of this policy and must use the TDR program. 18-D FLUA Amendment Staff Report 10 Lake Worth Royale (LGA )

11 The County s TDR Program was initially adopted in the 1980 Comprehensive Plan, with the intent to: 1) redistribute population to urban areas; 2) protect conservation and coastal zone areas as well as environmentally sensitive lands; 3) protect prime agricultural lands; and 4) provide residential density incentives which would lower housing costs. The TDR Program allows property owners within the County s Urban Suburban Tier/Urban Service Area to increase density without a FLUA Amendment by purchasing development rights from a private seller in a designated sending area, or from a TDR bank at a price that is adjusted on an annual basis. The Program is applied during the development review process. A minimum of 35% of TDRs used must be provided as workforce housing units. The cost for a market rate TDR is established as 10% of the County's median home sales price. The County offers workforce housing TDR units at 5% of the market rate TDR price. In addition, a 25% price reduction is afforded for TDR s that are requested within the neighborhood plan. The site is within the boundary of the neighborhood plan and therefore can be afforded the 25% TDR price reduction. The current prices for both pricing structures (non-neighborhood plan & neighborhood plan price) are provided in Table 1 below. Table 1. Transfer of Development Rights Unit Prices PBC Median Sales Price (MSP)* TDR Market Rate Price TDR WHP Price Single Family: $325,000 $32,500 $1,625 Multi Family/Condo: $162,000 $16,200 $810 Neighborhood Plan Price Single Family: (75% of MSP, $243,750) $24,375 $1,219 Multi Family/Condo:(75% of MSP,$121,500) $12,150 $608 * Data Source: Realtors Association of the Palm Beaches Median Sales Price, March 2017 Current and Potential Bonus Density: As previously stated, the County s bonus density TDR and WHP Programs allow property owners to increase density through the Zoning process without an amendment to change the future land use designation. The amount of bonus density available varies depending on the future land use designation and other variables. Unlike the TDR bonus density, which allows two, three, or four TDR s per acre based on a property s location in the Urban Suburban Tier, it should be noted that since the allowed WHP bonus density is a percentage of the units allowed by the residential future land use designation, higher residential designations would commensurately allow higher numbers of bonus units. For example, 50% of the units resulting from a property with HR-8 is significantly higher than 50% of an MR-5 designated property (108 vs 68 WHP bonus units). Table 2 below provides a comparison of the density available on the subject site through the TDR and WHP Programs for LR-2, the current designation, LR-3, MR-5, and HR-8, the proposed designation. The table identifies the Future Land Use units from Table 3, and identifies the maximum allowable units using a combination of the TDR and WHP bonus programs to increase density. Finally, Table 2 below indicates the number of WHP units that would be required should the subject site develop pursuing the maximum WHP density bonus and the proposed TDR bonus utilizing the minimum ULDC requirements compared to the staff recommendation with conditions. 18-D FLUA Amendment Staff Report 11 Lake Worth Royale (LGA )

12 FLU Table 2. Current and Potential Density with TDR and WHP Bonus FLU Units TDR Bonus WHP Bonus* Total Workforce Units Density Units % Current LR du/ac 23 23% Next FLU LR du/ac 34 21% Next FLU MR du/ac 52 20% Next FLU HR du/ac 72 19% Proposed FLU and Zoning Request Staff Recomm. HR du/ac % HR du/ac 94 25% * A maximum 30% WHP bonus density is allowed for LR-2 & LR-3. A 50% WHP bonus density is the maximum determined to be allowed for MR-5 and above for this specific site. Staff Analysis: As shown in Table 2, the site could achieve up to 125 dwelling units (4.6 units per acre) using a combination of TDR and WHP programs with the current future land use designation (LR-2). Since this figure is less than the applicant s proposed 375 dwelling units (13.9 units per acre), the applicant is seeking the future land use amendment. The amendment would increase the future land use density from LR-2 to HR-8, thereby increasing the future land use dwelling units from 54 to 216 units, plus additional density from TDRs and WHP density bonus. The applicant proposes the purchase of the 51 available TDR units and the allowed 50% WHP bonus density in the concurrent zoning application. The concurrent zoning application is therefore seeking approval for 13.9 units per acre (375 total dwelling units) as shown as Proposed FLU and Zoning Request in Table 2 utilizing the base future land use density (216 units), 51 TDR units, and a 108 unit WHP bonus units. Seventy-one of these dwelling units (18.9%) are required to be WHP per the ULDC. Recognizing that the applicant is receiving a substantial benefit in the form of a density increase through the amendment process, in recent years staff has recommended, and the Board has approved, a condition typically requiring 25% percentage of units to be provided as workforce, with the units to be provided on site. Staff is therefore recommending conditions of approval to require 25% of all dwelling units be provided on site as WHP units and to require purchase of the 51 TDR units. This condition of approval would increase the amount of WHP units from the ULDC required 71 (18.9%) by 23 units for a total of 94 WHP units. Since the applicant has met the justification requirements for a future land use amendment, and with the inclusion of the recommended conditions for TDR and WHP percentage, the proposed amendment is consistent with Policy 2.4-b. 3. Housing Element, Policy 1.1-o: The County shall preserve affordability of affordable housing units developed through the Workforce Housing Program and the Affordable Housing Program as follows: 1. The Workforce Housing Program will target households with incomes ranging from 60%-140% of area median income. 18-D FLUA Amendment Staff Report 12 Lake Worth Royale (LGA )

13 2. The Affordable Housing Program will target households at or below 60% of area median income. The Workforce Housing Program and Affordable Housing Program units shall be made available at a rate affordable to the specified income groups, and only to income-eligible households for a period of time to be set forth in the Unified Land Development Code (ULDC). All Workforce Housing Program and Affordable Housing Program criteria shall be subject to the review and approval of the Board of County Commissioners. Workforce Housing Program This policy of the Comprehensive Plan is implemented through the WHP, found in Article 5 of the County s ULDC. Under this program, any residential development of 10 or more units in the Urban/Suburban Tier is required to provide a percentage of units as WH units. In addition, under the WHP program, there is the option to further increase density through a WH Density Bonus in exchange for an additional percentage of units to be dedicated as WH units. The WH units are to be for-sale or rental units, affordable to households having 60% to 140% of area median income. (The 2017 Area Median Income in Palm Beach County was $67,900 for a family of four.) The Workforce Housing obligation can be met through construction of the WH units, either on or off site, or through payment of an in lieu fee, currently $81,500 for for-sale units, and $50,000 for rental units. Workforce Housing Obligation The mandatory workforce housing obligation based on the future land use designation would require up to 7.9%, depending on whether the developer chose the Limited or Full Incentive option available in the WHP. Table 3 shows the mandatory obligation for the site under the current and proposed designations without bonus density and the maximum percentages required under the Full Incentive option. Table 3. Current and Proposed Future Land Use Units Acres FLU FLU Density FLU Units Workforce* Units % Current LR-2 2 du/ac % Proposed HR-8 8 du/ac % Increase du/ac *Required Workforce Units based on Full Incentive Option of 5% of Standard Density and 16% of PUD density established in the ULDC. A Limited Incentive Option would be based on 2.5% and 8% respectively and would yield fewer Workforce units. Workforce Housing Density Bonus The County s Workforce Housing Program (WHP) also allows density increases without a future land use amendment through the WHP Bonus Density option. This option allows density bonus in exchange for a larger percentage of units dedicated as workforce housing. Density bonuses are limited to a maximum of 30% for future land use designations of LR-1, LR-2, and LR-3, with higher bonuses up to 100% available for MR- 5, HR-8, and HR-12. For MR-5 and above, the maximum bonus is preliminarily determined based on the concentration of low and very low income households within the Census tract or tracts where the subject site is located. Any request however for WHP bonus density above 30% in the MR-5 or higher categories requires a Workforce Housing pre-application to be submitted to the Planning Division prior to a Zoning application for 18-D FLUA Amendment Staff Report 13 Lake Worth Royale (LGA )

14 analysis and a bonus density determination for a specific site. A request for 30% or less does not require verification based on census tract or a pre application. The original concurrent PUD zoning application submitted in January of 2018 was based on HR-12 and included a less than 30% WHP bonus density of approximately 15%. No TDR application was included at that time. Revisions submitted with the concurrent PUD zoning application on 6/25/18 based on a proposed future land use of HR-8 now include a request for a greater than 30% WHP bonus density which required a Workforce Housing pre-application to be submitted to the Planning Division. The Planning Division issues a Pre-Application density bonus determination letter, dated May 21, 2018 (Exhibit 8), to the applicant which included a maximum 50% WHP bonus density allowance, subject to compatibility, site constraints, and other factors to be reviewed as part of the zoning application. Staff Analysis: As shown in Table 2, the amendment proposes to increase the allowable density on the site with bonus density programs. If the site was developed with the maximum TDR and WHP bonus under the adopted LR-2 designation, 23 workforce housing units would be required (23% of all units). This amendment, with the zoning application, increases the number of required workforce units to 71 (18.9% of all units), and with the proposed condition, the workforce housing requirement would increase to 94 workforce units (25%) of all units, thereby contributing significantly to the provision of workforce units in the area. 4. Commercial Location Criteria. Policy a: In order to discourage strip commercial development, to limit commercial development to nodes, to foster interconnectivity, and to promote the development of innovated mixed use projects inside the Urban Service Area, all new commercial future land use designations shall meet one of the following location requirements: Intersection Location: o Commercial Low, High Office, or High future land use designations shall have frontage on two built roadway segments identified as an arterial road and a collector road, or two arterial roads. o Alternatively, new commercial future land use designations may be located on the north side of Southern Boulevard/State Road 80 at the intersection of Cleary Road on parcels no more than two acres in size. Contiguous Location All new commercial future land use designations shall be contiguous to a lot(s) with a commercial future land use designation. Contiguous is defined as lot(s) that share a common border. Lots that touch point-to-point, and lots which are separated by waterways, streets, or major easements are not considered contiguous. Flexible Location Mixed-use development patterns identified in the Future Land Use Element (e.g. LCC, TMD, TND) or Commercial Low-Office future land use designations may be allowed in any location along all arterial or collector roads. Roadway classifications are listed in Figure TE 3.1, Functional Classification of Roads. Staff Analysis: The subject site currently shares its western boundary with the commercially designated land to the west of the site, and therefore meets the Contiguous Location criterion to apply for a commercial land use designation. As proposed through 18-D FLUA Amendment Staff Report 14 Lake Worth Royale (LGA )

15 the concurrent Zoning application, the applicant is proposing to create a non-planned collector roadway required for access for the residential portion and to be included with the rezoning of the residential portion, severing contiguity of the proposed commercial with the existing commercial to the west as the two site will no longer share a common border. Therefore, the proposed amendment in combination with the associated zoning application did not meet the location criteria, and was inconsistent with this policy. However, as the site is adjacent to the Florida Turnpike interchange, the proposed commercial parcel will share the roadway for access, and with conditions of approval for connectivity to the commercial parcel to the west from the non-planned collector road, the amendment is consistent with this policy. C. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. Surrounding Land Uses: Immediately abutting the site are the following: North: To the north, the site is separated from Lake Worth Road by the Lake Worth Drainage District L-12 lateral canal. Across Lake Worth Road to the north are built commercial properties with Commercial High (CH/2), Commercial Low (CL/3), and Commercial Low-Office (CL-O/2) future land use designations with a range of uses including office, self-storage, indoor entertainment (skating rink), fast food restaurant, hotel, and a convenience store with gas sales. East: To the east, is the Lake Worth Drainage District E-2 canal and the south bound Florida s Turnpike interchange and toll facility. South and West: To the south and west is Gulfstream Polo Properties PUD (aka Fields of Gulfstream), a 973 unit community with a mix of single family, zero lot line, and townhouse unit types currently under construction. Various portions of the PUD were subject to a number of previous Future Land Use amendments increasing the future land use from LR-2 to LR-3 or LR-2 to MR-5 with caps on density to 3 du/ac or 5 du/acre respectively adopted by Ordinance in the prior Future Land Use Amendments. This development with caps and with a mix of LR-3 and MR-5 is approved at a density of 4.34 dwelling units per acre. The townhouse units border the site to the west in Pod A and a portion of the development known as Pod B which is under construction and the zero lot line units border the site to the south and are in also in Pod B and also under construction. West: To the west near Lake Worth Road is a 20 acre site previously subject to a FLUA amendment in 2009 that changed its future land use from LR-2 to CH/2 with conditions requiring the site to develop subject to certain design criteria and to develop as a Lifestyle Commercial Center (LCC) with a mix of uses. There are multiple parcels and several landowners. These properties do not have commercial zoning approval as yet and are currently developed with two single family homes and have equestrian uses or are vacant. FLUE Policy 2.1-f states that the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity. And FLUE Policy 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 18-D FLUA Amendment Staff Report 15 Lake Worth Royale (LGA )

16 land uses shall be permitted only when compatible with residential areas, and when the use furthers the Goals, Objectives, and Policies of the Plan. Applicant s Description: The applicant states "that the proposed development will be designed and undertaken so as to ensure the density is not in conflict with the surrounding area." Staff Analysis: In the past several years, there have been an increasing number of amendments that seek to increase residential density through a combination of the future land use amendment process and the TDR and WHP density bonus programs. The review of these amendments make it increasingly apparent that these components cannot be analyzed independently, because the granting of an amendment has an impact on the amount of WHP density bonus and TDRs that become available to the project. Increasingly, requests for amendments, WHP density bonuses, and TDRs, or combinations of these, are for sites that represent infill, within existing patterns of development. Ultimately, the finding of compatibility that is required as part of the assessment of a proposed amendment must take into consideration the potential for additional density increases resulting from the density bonus programs, and the impacts of this density on the surrounding area, as part of the amendment process. The proposed commercial designation on the north edge of the site would be compatible with the adjacent commercially approved site to the west. The applicant proposes13.9 units per acre (375 units) in the zoning application, and this figure will be capped in this amendment due to traffic analysis. The residential portion of the subject site is surrounded to the west and south by an MR-5 designation. Although the gross density of the Fields of Gulfstream development to the west and south is less than 5 units per acre overall the majority of the area directly adjacent to the subject site is under construction with 2 story townhomes at a density over 10 units per acre. These units are under construction as either 4 townhomes or 6 townhomes unit structures. An additional area to the north, Pod A, yet to be developed, is planned for townhomes at almost 6 units per acre. The area to the south of the subject site within the Fields of Gulfstream is developing with 38 zero lot line homes, with 17 of those directly bordering the site and comprised of a mix of 1 or 2 story units. A variance was approved on these lots to allow the homes to exceed the maximum building coverage on the lots from 50% to 55%. This area is developing at roughly 4.7 units per acre. The residential HR-8 designation is the next residential category higher from the surrounding MR-5 designation. Although the proposed gross density for the site is 13.9 units per acre and is higher than the existing surrounding MR-5, the difference is not significant given the actual net density directly adjacent in the Fields of Gulfstream PUD. There are no compatibility issues with Florida s Turnpike that borders the entire site to the east and the proposed amendment is compatible with existing and proposed residential and commercial to the west and south. D. Consistency with County Overlays, Plans, and Studies 1. Overlays FLUE Policy 2.1-k states Palm Beach County shall utilize a series of overlays to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series. Staff Analysis: The subject site is not located within an overlay. 18-D FLUA Amendment Staff Report 16 Lake Worth Royale (LGA )

17 2. Neighborhood Plans and Studies FLUE Policy 4.1-c states The County shall consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval Staff Analysis: The subject site is located within the West Lake Worth Road Neighborhood Plan which anticipated that the subject site would be developed for Turnpike purposes it was purchased by FDOT for planned interchange improvements. Although the property owners could develop the properties potentially as residential utilizing the LR-2 designation assigned to the property on the Comprehensive Plan's Future Land Use Atlas, no density increase is identified for this site on the Master Plan. Given that Neighborhood Plan does not identify the site for any increases, the site does not qualify for an exemption from utilizing the County s TDR bonus density program as listed in Policy 2.4-b. The proposed future land use of HR-8 with bonus densities of almost 14 units per acre is more than double the surrounding MR-5 designation with caps at 5 units per acre. As seen in the compatibility section however actual densities vary directly adjacent to the subject site depending on how units are clustered within the Fields of Gulfstream PUD. For the properties identified in the neighborhood plan with increases, the highest overall density is 5 units per acre. It would be speculation as to whether a 5 units per acre density would have been assigned in the neighborhood plan master plan to the subject site. Therefore, the proposed amendment is neither consistent nor inconsistent with the neighborhood plan. The Lake Worth Coalition, Inc., a major stakeholder in formulating the Plan, has not submitted any changes to the Neighborhood Plan for consideration for the BCC to receive and file since the formulation of the plan and its original receipt by the BCC in E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from LR-2 to HR-8 for the purposes of developing up to 216 rental apartments (375 with proposed WHP and TDR bonus density) and 3 acres of Commercial High. Public facilities impacts are detailed in the table in Exhibit Facilities and Services FLUE Policy 2.1-a: The future land use designations, and corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review. Although there are public facilities and services available to support the amendment, and the amendment does not exceed natural constraints, there are manmade constraints that are of concern for traffic purposes. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. No adverse comments were received from the following departments and agencies regarding impacts on public facilities for the Future Land Use Atlas Amendment: 18-D FLUA Amendment Staff Report 17 Lake Worth Royale (LGA )

18 Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning Division), Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District. 2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which: 1) results in an increase in density or intensity of development generating additional traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard D based upon cumulative traffic comprised of the following parts a), b), c) and d): Staff Analysis: The traffic analysis is based upon a maximum of 375 apartments for the residential portion, and up to.35 general retail (typical maximum) or 12,998 s.f. of daycare and 2,900 sf of fast food restaurant, and 2,500 sf of office. Since the trip generation for the proposed development plan exceeds the typical, a condition of approval is required. The Traffic letter concludes Based on the review, the Traffic Division has determined the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan at the maximum potential shown above", and Therefore, this amendment requires a condition of approval to cap the project at the proposed development potential or equivalent trips The Traffic Study (see Exhibit 5) was prepared by JFO Group Inc., Forest Hill Blvd., Suite 10A-123, Wellington, FL Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: 3. School District Comments: The School District indicated in the School Capacity Availability Determination letter, or SCAD, dated 11/3/2017 (Exhibit 7) that the proposed amendment will negatively impact the Public School system for the High School (Park Vista High School) and resulting in a Utilization Percentage of 102%. The District stated In order to address the school capacity deficiency created by this proposed amendment at the District high school level, the property owner is required to contribute a total of $722,673 to the School District of Palm Beach County prior to issuance of the first building permit. This contribution would be proposed by the School District in the concurrent zoning application. 4. Zoning implications: Concurrent Zoning applications were initially submitted in January of 2018 and not initially deemed sufficient for distribution to County departments for comments. Additionally, not all departments had finalized their initial review of the zoning applications at the time of publication of the prior FLUA report on April 6 that was based on a proposed amendment to HR-12 and CH. Subsequent to revising the FLUA application in May of 2018 with a revision to propose HR-8 and CH, the applicant submitted revisions to the concurrent zoning applications on June 25, Significant revisions to the Zoning applications have been submitted including but not limited to a greater than 30% WHP bonus density and a TDR application to purchase over 50 TDR s. The applicant also withdrew the zoning request for a gas station that was originally proposed and replaced it with other non-residential uses (office, restaurant, and day caregeneral). Additional comments may be provided through the Zoning process as the zoning 18-D FLUA Amendment Staff Report 18 Lake Worth Royale (LGA )

19 applications are further reviewed and revised that may affect implementation of the proposed Future Land Use designations. However, the concurrent zoning applications will be required to be heard by the BCC with the proposed amendment. A condition is proposed to ensure that the applications are heard at the same hearing by the BCC. PBC Engineering Dept. Traffic Division: Though the project meets Palm Beach County Comprehensive Plan, Future Land Use Element Policy 3.5-d as stated above, the County s Traffic Division indicated that it is anticipated that the location of the project adjacent to the Florida Turnpike interchange will create substantial challenges for the project s access onto Lake Worth Road, a roadway which already experiences a substantial amount of traffic. Direct access to the site is expected to be through Hooks Road, which is only 550 feet west of the Turnpike southbound interchange ramps. All the exiting traffic from the proposed non-residential development and proposed 375 unit apartment units are also proposed to make a right turn (eastbound) exiting from Hooks Road. A directional median break on Lake Worth Rd. at this location will not allow for left turns out to travel westbound. This creates a situation wherein a substantial portion of traffic exiting from Hooks Road will cross three eastbound through lanes on Lake Worth Rd. within a very short distance to access a short eastbound left turn lane at the Turnpike Interchange signal in order to make a U-turn movement to travel westbound on Lake Worth Road. This short left turn lane may not only be inadequate to handle the substantial amount of left plus U-turn traffic, but in addition, may also pose safety issues. It is also anticipated that in many instances, there will be long eastbound queuing on Lake Worth Rd. that will make it difficult, unsafe, and uncomfortable to exit from Hooks Road. A potential solution could be to limit the project s access to Polo Road to the west, a Thoroughfare Plan roadway that connects to Lake Worth and Lyons Road (via 47 th Place South). The intersection of Lake Worth Road and Polo Road is anticipated to be a signalized intersection. However, the ability to make a connection to Polo Road by the contract purchaser/developer is uncertain at this time. In addition, The Florida Department of Transportation, who has the responsibility to maintain Lake Worth Road and approved driveway connections, has already approved the developer requested access connection (through Hooks Rd. with right-in/right-out, and left-in on Lake Worth Rd.). The County s jurisdiction on approving a driveway on Lake Worth Rd. is limited. II. Public and Municipal Review The Comprehensive Plan Intergovernmental Coordination Element Policy 1.1-c states that Palm Beach County will continue to ensure coordination between the County s Comprehensive Plan and plan amendments and land use decisions with the existing plans of adjacent governments and governmental entities.. A. Intergovernmental Coordination: Notification of this amendment was sent to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for review on March 27, 2018 and again on May 21, To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on March 26, 2018 and again on June 21, 2018 to the City of Greenacres. As of the writing of this report, no comments have been received. B. Other Notice: Public notice by letter was mailed to the owners of properties within 500' of the perimeter of the site on March 26, 2018 and again on June 22, In addition, on March 26, 2018 and again on June 21, 2018, the Lake Worth Road Coalition, Inc. and the following Home Owners Associations within the West Lake Worth Road Neighborhood 18-D FLUA Amendment Staff Report 19 Lake Worth Royale (LGA )

20 Plan area were notified by mail: Summer Chase, Cypress Trails, Bent Creek, Legend Lake Estates, Cypress Woods, Woods Walk, Cypress Lake Estates, and Cedar Creek Ranch. Letters received are included in Exhibit 10. C. Informational Meeting: The Planning Division hosted a meeting for area residents and interested parties to relay information regarding the amendment and development approval process on April 3, 2018 and again on July 5, At the April 3 rd meeting, five members of the public attended, one of which was the President of the Lake Worth Coalition, Inc. All were opposed to the project with concerns regarding the gas station, the increased density, inconsistency with the Neighborhood Plan, existing traffic issues and impact from traffic, and traffic safety concerns due to the proximity of the projects to the turnpike signalized intersection and vehicles having to make U-turns from the project at the light to travel west. Concerns were also expressed regarding the lack of a connection to Polo Road to the west where a signalized intersection is anticipated. III. Conclusions and Recommendation The amendment proposes to change the future land use designation from Low Residential, 2 units per acre (LR-2), to High Residential, 8 units per acre on acres and Commercial High (CH) on 3 acres. Under LR-2 the applicant can develop up to 125 dwelling units (4.6 units per acre) using all available density bonuses through the Transfer of Development Rights (TDR) and Workforce Housing (WHP) Programs. The applicant s intent for the HR-8 portion is to develop a 375 multifamily housing development (14 units per acre density) with 108 of the proposed units requested as Workforce Housing Program (WHP) density bonus and 51 units requested as Transfer of Development Rights (TDR) density bonus as part of the zoning application. The seeking approval for a restaurant, offices, and child care center on the CH portion. The site is located in a suburban area on Lake Worth Road, just west of the Florida Turnpike and within the West Lake Worth Road Neighborhood Plan area. The Commercial portion of the site met the Commercial Location Criteria under the current configuration since it shares a common boundary with a commercial property to the west. Although, the proposed Zoning application s non planned collector road along this boundary will sever this contiguity, the proposed condition requiring cross access will ensure that the request is consistent with this policy. Policy 2.4-b requires the use of the TDR program as the mandatory method of increasing density unless the property owner can provide an adequate justification and demonstration that the current density is inappropriate. The applicant is seeking a density higher than available under the LR-2 designation. The proposed amendment is appropriate, compatible, and consistent with Comprehensive Plan amendment policies to increase density with the staff recommended conditions including the requirement for 25% WHP and the purchase of TDRs. As such, staff recommends approval with conditions of the applicant s request. 18-D FLUA Amendment Staff Report 20 Lake Worth Royale (LGA )

21 Exhibits Page 1. Future Land Use Map & Legal Description E-1 2. Applicant s Justification/Consistency with Comprehensive Plan and Florida Statutes E-5 3. Applicant s Public Facility Impacts Table E 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 WHP Pre-Application Bonus Density Determination Letter E Applicant s Disclosure of Ownership Interests E Correspondence E D FLUA Amendment Staff Report 21 Lake Worth Royale (LGA )

22 Exhibit 1 Amendment No: Lake Worth Royale (LGA ) FLUA Page No: 76 Amendment: Location: Size: From Low Residential, 2 units per acre (LR-2), to Commercial High with underlying LR-2 (CH/2) on 3 acres and High Residential,8 units per acre (HR-8) on acres South side of Lake Worth Road, west of Florida Turnpike at Hooks Road acres ; ; ; PCN: ; ; Conditions: Development of the site is subject to the following: 1. Development of the acres of HR-8 is limited to a maximum of 375 dwelling units or other uses allowed in a residential future land use designation. Development of the 3 acres under the Commercial High designation is limited to a total maximum net daily trips of 1,147 and a maximum peak hour trips of The Zoning development order shall require at least 19% 25% of the total residential density as workforce housing units subject to the following requirements: a. The applicant shall purchase fifty-one (51) TDR units; and b. The property owner shall provide these units on site, and between % of the Area Median Income ranges for the County, in four ranges (60-80%, >80-100%, > %, and > %); and c. The workforce housing units shall be provided in all unit types. 3. Vehicular and pedestrian connections shall provide cross access to the commercial parcel to the west and a connection to the residential project to the west to provide for connectivity to Polo Road. 4. The proposed Comprehensive Plan Future Land Use Amendment and the proposed rezoning shall be considered for adoption by the BCC at the same public hearing. 18-D FLUA Amendment Staff Report E - 1 Lake Worth Royale (LGA )

23 18-D FLUA Amendment Staff Report E - 2 Lake Worth Royale (LGA )

24 Legal Description LEGAL DESCRIPTION (COMMERCIAL ROYALE - COMMERCIAL PARCEL) A PARCEL OF LAND BEING A PORTION OF TRACT 2, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF THE FIELDS AT GULFSTREAM POLO PUD - PLAT ONE ACCORDING WITH THE PLAT THEREOF AS RECORDED IN PLAT BOOK 123, PAGE 80, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 89 03'30" EAST, ALONG THE EASTERLY EXTENSION OF SAID PLAT, ALSO BEING COINCIDENT WITH THE NORTH LINE OF TRACT 15, BLOCK 28 OF THE PLAT OF PALM BEACH FARMS COMPANY PLAT NO. 3 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, A DISTANCE OF FEET TO THE WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 24358, PAGE 1059, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 48'42" EAST, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01 48'42" EAST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF FEET; THENCE NORTH 89 27'29" WEST ALONG THE SOUTHERLY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, A DISTANCE OF FEET; THENCE SOUTH 89 02'31" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE NORTH 85 23'17" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 00 56'30" EAST DEPARTING SAID SOUTHERLY LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT- OF-WAY, A DISTANCE OF FEET; THENCE NORTH 89 03'30" EAST, A DISTANCE OF FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 130,698 SQUARE FEET OR 3.00 ACRES MORE OR LESS. LEGAL DESCRIPTION (LAKE WORTH ROYALE - RESIDENTIAL PUD) A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING A PORTION TRACTS 2, 15, 17, 18, 31 AND 32 TOGETHER WITH THAT PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY LYING BETWEEN SAID TRACTS 15 AND 18, ALL IN BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3 AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF FIELDS AT GULFSTREAM POLO - PLAT ONE, AS RECORDED IN PLAT BOOK 123, PAGES 80 THROUGH 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 56'30" WEST ALONG THE WEST LINE OF SAID TRACT 2, BLOCK 28, BEING THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID FIELDS AT GULFSTREAM POLO - PLAT ONE, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 24358, PAGE 1059 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 85 23'17" EAST ALONG SAID SOUTH LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT- OF-WAY, A DISTANCE OF FEET; THENCE SOUTH 00 56'30" EAST, DEPARTING SAID RIGHT- 18-D FLUA Amendment Staff Report E - 3 Lake Worth Royale (LGA )

25 OF-WAY, A DISTANCE OF FEET; THENCE NORTH 89 03'30" EAST, A DISTANCE OF FEET TO A POINT ON THE WESTERLY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT RIGHT- OF-WAY; THENCE SOUTH 01 48'42" WEST, A DISTANCE OF FEET; THENCE SOUTH 02 28'02" 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 44 22'48", A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 46 50'50" EAST, A DISTANCE OF FEET; THENCE SOUTH 44 08'44" EAST, A DISTANCE OF FEET (THE PRECEDING FIVE COURSES BEING COINCIDENT WITH SAID WESTERLY LINE OF LAKE WORTH DRAINAGE DISTRICT RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 24358, PAGE 1059 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); THENCE SOUTH 45 51'16" WEST DEPARTING SAID RIGHT-OF- WAY, A DISTANCE OF FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF FEET AND WHOSE CENTER BEARS SOUTH 45 51'16" WEST, FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43 08'08", A DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE SOUTH 01 00'36" EAST, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0 08'08", A DISTANCE OF FEET TO A POINT OF NON-TANGENCY, SAID POINT BEING A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID TRACTS 31 AND 32, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, SAID POINT ALSO BEING THE NORTH LINE OF TRACT L-5, AS SHOWN ON SAID FIELDS AT GULFSTREAM POLO - PLAT ONE; THENCE SOUTH 89 03'30" WEST ALONG SAID SOUTH LINE OF THE NORTH HALF OF TRACTS 31 AND 32, BLOCK 28 AND SAID NORTH LINE OF TRACT L-5, A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF SAID TRACT 31, BLOCK 28, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID FIELDS AT GULFSTREAM POLO - PLAT ONE; THENCE NORTH 00 56'30" WEST ALONG THE WEST LINE OF SAID TRACTS 15, 18 AND 31, BLOCK 28 AND THE WEST LINE OF SAID 30 FOOT WIDE RIGHT-OF-WAY AND SAID EAST LINE OF FIELDS AT GULFSTREAM POLO - PLAT ONE, A DISTANCE OF FEET TO THE AFOREMENTIONED POINT OF BEGINNING. (30' PALM BEACH FARMS CO. PLAT NO. 3 RIGHT-OF-WAY AREA = ACRES - "TO BE ABANDONED") (RESIDUAL RESIDENTIAL PUD LAND AREA = ACRES) THE TOTAL LAND AREA = ACRES (1,191,554 SQUARE FEET) MORE OR LESS. 18-D FLUA Amendment Staff Report E - 4 Lake Worth Royale (LGA )

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

27 Justification The standards by which the County evaluates a proposed future land use amendment are contained in Policy 2.1-f of the Palm Beach County Comprehensive Plan Future Land Use Element. Policy 2.1-g provides that, The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County. This justification will analyze the proposed future land use amendment in the context of these two statements of policy. Policy 2.1-f states, Before approval of a future land use amendment, the applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on: 1. The natural environment, including topography, soils and other natural resources; 2. The availability of facilities and services; 3. The adjacent and surrounding development; 4. The future land use balance; 5. The prevention of urban sprawl as defined by (51), F.S. Urban sprawl means a development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses. 6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and 7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. Current Land Use Is Inappropriate Policy 2.1-f first provides that an applicant adequately justify that the current land use is inappropriate. The current land use for the subject property is inappropriate for a variety of reasons as discussed below. Initially, it is important to understand the current surrounding land uses, which have changed over time. The following is a map of the current future land use designations of the subject property and surrounding properties. 18-D FLUA Amendment Staff Report E - 6 Lake Worth Royale (LGA )

28 The subject property is bounded on the south and partially to the west by lands designated as Medium Density, 5 units per acre (MR-5). This is approved as the Fields of Gulfstream Polo PUD. The Fields of Gulfstream Polo PUD property was previously designated LR-2, as the Subject Property currently is but was granted approval for an increase in density through a Future Land Use Amendment after the County made a finding that the LR-2 designation was inappropriately low. The northwestern portion of the site is bounded by property designated CH-2 (Commercial High), similar to the proposed designation for the subject site. The eastern boundary of the site abuts the recently completed turnpike interchange. The County has established a consistent pattern of land use at similar properties along Florida s Turnpike. The land use pattern is characterized by commercial uses fronting on the arterial road intersecting with the turnpike (e.g., Lake Worth Road) and increased residential densities for the property directly abutting the Turnpike behind the commercially designated land. Nearby examples of this pattern of land use include: Boynton Beach Blvd & the Turnpike: CH-O/5 & MR-5 Atlantic Ave & the Turnpike: CL/5 & MR-5 & HR-8 Lake Worth Rd (Northbound): CH/8 & HR-12 Okeechobee Blvd & the Turnpike: CH-2 & HR-18 These intersections identify the appropriate land uses for similarly situated properties and demonstrate that the current land use for the Subject Property is inappropriate. 18-D FLUA Amendment Staff Report E - 7 Lake Worth Royale (LGA )

29 All of the properties fronting on the south side of Lake Worth Road to the west of the subject site are designated for commercial use for more than ½ mile. The property now occupied by the interchange to the east was previously designated commercial and continues to carry this designation on the FLU Map. The subject property represents an island of LR-2 property along this frontage; a designation that is inappropriate for this location and inconsistent with past precedent established by the County. The land use designation for the balance of the subject site to the south of the proposed commercial property is similarly inappropriate. As noted above, the property is bounded by land designated MR-5 on both the west and south and the turnpike interchange to the east, as well as commercial to the west. The pattern of land use the County has established at these similar locations, characterized by commercial along the adjacent arterial and residential densities up to HR-18 in one example, is appropriate; and that the LR-2 land use is inappropriate. The County s decisions to provide for higher density and commercial uses at the intersection of arterial roads intersecting with Florida s Turnpike is consistent with accepted planning practice, as is the Applicant s request. Low density residential property is more sensitive to the externalities created by proximity to such an interchange and is less able to capitalize on the benefits. Low density residential is characterized by increased amounts of private open spaces and yards. The noise and fumes created by an interchange are inconsistent with this type of land use. Multi-family residential land use, however, is better able to address these conflicts through building orientation, noise attenuated construction, air filtration and other strategies typical of larger multi-family structures. At the same time, additional density with commercial frontage along the arterial roadway allows for greater transit opportunities, a counter balance to sprawl development, a balance of land uses in the immediate vicinity and efficient use of existing infrastructure and services. For these reasons, the existing LR-2 designation assigned to the subject property is inappropriate. As noted below, the proposed land use designations are consistent with the remainder of the requirements of the comprehensive plan. 18-D FLUA Amendment Staff Report E - 8 Lake Worth Royale (LGA )

30 Compatibility with the Surrounding Uses Policy 1.2-f also identifies 7 factors to consider in determining the consistency of the proposed Land Use Designation with the Comprehensive Plan. 1. The natural environment, including topography, soils and other natural resources; The natural environment of the Subject Site has been altered, through human activity, such that no natural communities remain intact. 2. The availability of facilities and services; Urban facilities services are readily available to this site along the Lake Worth Road corridor. 3. The adjacent and surrounding development; As discussed above, the pattern of urban fabric in this area has largely been established by prior development leaving this an infill site. The proposed amendment will allow the property to continue the established pattern of development in this immediate area and remain consistent with established development patterns the County has found appropriate in similar circumstances. 4. The future land use balance; The proposed amendment will foster a better balance of land uses in this area. Multi-family residential development is underrepresented in this area. The proposed change will provide for housing appropriate for young professionals and members of the workforce, along with commercial frontage along the arterial to serve the neighborhood. 5. The prevention of urban sprawl as defined by (51), F.S. Urban sprawl means a development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses. The proposed land use change will provide for higher density development with functionally related mix of uses on property already served by public facilities. Perhaps the most effective tool to counter the negative effects of sprawl is to allow increased density in locations best positioned to accommodate it. This location is such an example. All the necessary public facilities and services are in place. The most obvious feature of the site, its proximity to Florida s Turnpike, affords a unique opportunity to take advantage of this major transportation facility. By including a neighboring, integrated, commercial development and permitting appropriate density at locations such as this, pressure is released from other locations not suitable for development that would increase sprawl and the problems it creates. 6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and The property is located within the West Lake Worth Road Neighborhood Plan study boundaries. As discussed above, because the Subject Property was owned by FDOT when the study was undertaken, it is identified in the plan only as Turnpike Interchange without further reference from a land use perspective. The plan is silent as to the appropriate density and intensity for development of this property. The proposal is consistent with the application of the plan to similarly situated properties. For example, the plan identifies the two properties to the west, fronting on Lake Worth Road, and the property north of the site across Lake Worth Road, as appropriate for commercial development. The Subject Property has similar attributes and it makes logical sense that it would have a consistent commercial designation in the plan had it been considered. The residential portion of the subject site is also consistent with what would have made sense if considered when the plan was developed. The proposed HR-8 designation is a logical transition from the Turnpike to the MR-5 designations surrounding the Subject Property. The only residential neighbor to this site is the recently approved Fields at Gulfstream Polo PUD at a gross density of 5 units per acre. The Fields at Gulfstream Polo PUD has massed its density at its periphery, adjacent to the subject property, resulting in a net density in excess of 5 units per acre in this specific vicinity. The proposed density for the subject site will therefore be consistent with neighboring development and not in conflict with the published neighborhood plan or the adjacent property. 7. Municipalities in accordance with Intergovernmental Coordination Element Objective D FLUA Amendment Staff Report E - 9 Lake Worth Royale (LGA )

31 The amendment analysis accompanying this submission includes coordination with the entities identified in this Objective (school boards, regional water supply authorities, and other units of local government). County Directions 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. Analysis Direction 1. Livable Communities. Promote the enhancement, creation, and maintenance of livable communities throughout Palm Beach County, recognizing the unique and diverse characteristics of each community. Important elements for a livable community include a balance of land uses and organized open space, preservation of natural features, incorporation of distinct community design elements unique to a given region, personal security, provision of services and alternative transportation modes at levels appropriate to the character of the community, and opportunities for education, employment, health facilities, active and passive recreation, and cultural enrichment. One of the foundational elements of this proposed Land Use Amendment is the need in this area of the County for a variety of housing choices, a balance of land uses. The market for single family housing has been addressed in the vicinity. The residential type that is underserved in this area is multi-family housing. Multi-family rental housing responds to the evolving demographics of the County and addresses the need to include a balance of land uses and housing types. This location is ideally suited to a higher density residential community given its proximity to Florida s Turnpike and availability of urban services. Residential densities to the west and south have been increased into the medium density range and the proposed request to High Residential 8-units per acre (HR-8) is both logical and appropriate for this property. The inclusion of neighborhood commercial uses along the frontage further enhances the community by providing for the needs of the neighborhood, added walkability, and more balance to the land uses overall. This type of density also furthers the goal of locating residential concentrations in areas best suited to accommodate it along with adjacent commercial uses to serve them. The proposed mix of density and commercial development concentrated at this location, where urban services are immediately available, relieves the pressure driving sprawl development elsewhere. The eventual development of the residential element of this project will be pursuant to the PUD regulations included in the County ULDC, insuring issues such as open space, innovative design and adequate buffers are all addressed. Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cost efficient timely manner. The proposed land use designation at this location furthers the above referenced direction as discussed throughout this statement. The proximity of the Turnpike renders the site unsuitable for single family or lowdensity housing. From a land use perspective, the most efficient use of the property is to increase the density and provide for neighborhood commercial services to fit with the adjacent development and take advantage of the adjacent urban services, especially the adjacent transportation link. This pattern of urban fabric, increased density at transit nodes, has long been recognized as appropriate, efficient and desirable in Palm Beach County and elsewhere. Additionally, this will provide housing opportunities for young professionals seeking opportunities for single or multiple occupancy units; an underserved land use in this area. In accordance with County policy and ordinances, workforce housing will be provided through use of TDR s and allowable density bonuses resulting in 72 workforce housing units, equating to19% of the total units. The proposed development of the northern three acres of the site for commercial purposes is similarly consistent and appropriate. Future Land Use Commercial designations have been established to both the east and west as well as to the north of the amendment site. The proposed Future Land Use Amendment to a commercial designation will be consistent with the established land use pattern. The proposed amendment will significantly further the above Direction goal of preventing urban sprawl, providing an efficient use of the land and balancing land uses and taking advantage of facilities and services in a cost-efficient manner. 18-D FLUA Amendment Staff Report E - 10 Lake Worth Royale (LGA )

32 Direction 3. Infill, Redevelopment and Revitalization. Address the needs of developed urban areas that lack basic services, and encourage revitalization, redevelopment, and infill development in urban areas to increase efficient use of land and existing public facilities and services. This is an infill site and the proposed land use will, as discussed throughout this statement, increase the efficient use of land and existing public facilities. The property adjacent to the west and south is presently vacant but is under construction for a medium density residential approved project, The Fields of Gulfstream Polo PUD. As discussed above, higher density residential with commercial frontage is the most efficient use of the land, given the surrounding land use patterns. The existing LR-2 designation intended for low density detached residential development is inappropriate for this site due to the proximity of the turnpike among other factors, as discussed. The proposed high density multi-family use is the best fit for this site and will promote efficient use of this last remaining available infill land in this area. Urban services including, water, sewer, drainage, electric, education, parks and most significantly transportation are immediately available to the site. The combination of commercial use fronting on Lake Worth Road and multi-family development to the south is the most efficient and appropriate use of this infill property. Direction 4. Land Use Compatibility. Ensure that the densities and intensities of land uses are not in conflict with those of surrounding areas, whether incorporated or unincorporated. As discussed herein, the proposed land uses will be compatible with the established pattern of land use in place. Commercial use fronting on Lake Worth Road is an established land use pattern to the east, west and north. Medium density residential adjacent to high density residential are compatible adjacent land uses (MR-5 vs HR-8). This is a consistent pattern of land use in Palm Beach County in other similar locations. Direction 5. Neighborhood Integrity. Respect the integrity of neighborhoods, including their geographic boundaries and social fabric. As noted above, the Subject Property is included within the boundaries of the West Lake Worth Road Neighborhood Plan. The plan has not been amended to address the changed status of the subject property. As discussed throughout, the proposed amendment is consistent with this plan. The neighborhood plan embraces medium density land use throughout the neighborhood at a 5 unit per acre density. It is reasonable, and consistent with established land use practice, to assign a slightly higher density category to this property abutting the turnpike interchange, particularly with the commercial location at the intersection of Lake Worth Road and Florida s Turnpike. Direction 6. Economic Diversity and Prosperity. Promote the growth of industries that have relatively high wages and that can diversify the economic base. The proposed amendment does not have any particular relevance to this direction. Direction 7. Housing Opportunity. Ensure that housing opportunities are compatible with the County's economic opportunities by providing an adequate distribution of very-low and low-income housing, Countywide, through the Workforce Housing Program. The applicant will participate fully in the provision of workforce housing with this proposed residential community. Consistency with the Comprehensive Plan Residential Land Use Request The County policy contained in the Future Land Use Element regarding increasing densities and the use of the WFH program is provided below. Policy 2.4-b: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless: 1. an applicant can both justify and demonstrate a need for a Future Land Use Atlas (FLUA) Amendment and demonstrate that the current FLUA designation is inappropriate, as outlined in the Introduction and Administration Element of the Comprehensive Plan, or 2. an applicant is using the Workforce Housing Program or the Affordable Housing Program as outlined in Housing Element Objectives 1.1 and 1.5 of the Comprehensive Plan and within the ULDC. The applicant has demonstrated in earlier sections of this document that the current Future Land Use designation of LR-2 is inappropriate. The applicant intends to participate in the workforce housing program, including through the WHP Density Bonus Program and the TDR Density Bonus Program. This will result in the provision of 72 workforce housing units, which equates to 19% of all units proposed. OBJECTIVE 1.1 Provision of Affordable Housing The County through the Department of Economic Sustainability, shall provide ongoing implementation and monitoring of programs, and shall pursue and secure additional funding sources. The Commission on Affordable Housing shall have primary responsibility for evaluating programs, recommending policies and 18-D FLUA Amendment Staff Report E - 11 Lake Worth Royale (LGA )

33 continuing to administer and maintain the Affordable Housing Trust Fund. These efforts shall be directed toward meeting the need projected by the Palm Beach County Five-Year Consolidated Plan, October September 2015 (July 2010) for the period of , with special attention to the needs of very low, and low income households in addition to special needs populations, including rural and farmworker households. OBJECTIVE 1.5 Concentrations of Affordable Housing The County shall make adequate provisions to enable the public, private and not-for-profit sectors to provide affordable housing, and shall support the distribution of housing for very low, low, moderate and middle income households, to avoid undue concentrations of very low and low income housing throughout the County through the Workforce Housing Program and the Affordable Housing Program. The proposed amendment requests, for the residential portion of the application, approval for an amendment to the Future Land Use Atlas to increase the allowable residential development from 2 units per acre to 8 units per acre. The applicant proposes to further increase allowable density through participation in both the Workforce Housing Density Bonus Program and the TDR program. All WHP units will be built on-site and incorporated into the proposed residential community. The proposed provision of workforce housing is summarized below. 6 du/ac = Standard Density via Land Use (6 x 27 ac) x 5% = 8.1 WFH units 2 du/ac = PUD Density (2 x 27 ac) x 16% = 8.64 WFH units 2 du/ac = Transfer Development Rights (TDR) (2 x 27 ac) x 35% = 18.9 WFH units 3.89 du/ac = Workforce Housing Bonus Density (49%) (3.89 x 27 ac) x 34% = 35.7 WFH units 375 = Total Units 72 = Workforce (19%) 303 = Market (81%) This will provide needed workforce housing in the neighborhood. Commercial Land Use Request FLUA application for commercial status is subject to the following policy contained in the Land Use Element. Policy a: In order to discourage strip commercial development, to limit commercial development to nodes, to foster interconnectivity, and to promote the development of innovated mixed use projects inside the Urban Service Area, all new commercial future land use designations shall meet one of the following location requirements: Intersection Location: o o Commercial Low, High Office, or High future land use designations shall have frontage on two built roadway segments identified as an arterial road and a collector road, or two arterial roads. Alternatively, new commercial future land use designations may be located on the north side of Southern Boulevard/State Road 80 at the intersection of Cleary Road on parcels no more than two acres in size. Contiguous Location All new commercial future land use designations shall be contiguous to a lot(s) with a commercial future land use designation. Contiguous is defined as lot(s) that share a common border. Lots that touch point-to-point, and lots which are separated by waterways, streets, or major easements are not considered contiguous. 18-D FLUA Amendment Staff Report E - 12 Lake Worth Royale (LGA )

34 Flexible Location Mixed-use development patterns identified in the Future Land Use Element (e.g. LCC, TMD, TND) or Commercial Low-Office future land use designations may be allowed in any location along all arterial or collector roads. Policy b: All new Commercial High future land use designations shall be located on a roadway classified as an arterial on Figure TE 3.1 Functional Classification of Roads. Policy c: [Relocated to Policy d in Round 17-A] Policy d: The County shall not designate additional commercial areas on the Future Land Use Atlas that would result in or encourage the proliferation of strip commercial development. The proposed CH land use will exist along two roadways classified as arterial roads and meets two of the three location requirements - it is at an intersection of two arterial roads and is contiguous to a lot with a commercial future land use designation. The commercial portion of the Subject Property is consistent with the first of the identified criteria included in Policy a. The site fronts on Lake Worth Road to the north (an arterial roadway) and shares a property line with The Florida s Turnpike to the east (also an arterial roadway). This is similar to the examples discussed above wherein the County has allowed for CH land use designations at similar intersections including Florida s Turnpike. The commercial portion of the Subject Property also meets the second criteria, Contiguous Location. This criterion identifies that the designated land be contiguous to a lot with a commercial future land use designation. The site shares a common property line with property to the west that has a Future Land Use designation of CH (Commercial High). The land use designations immediately abut one another along the property line (i.e. not point to point) without any separation.. The requested commercial land use amendment is consistent with Policies a, b & d included in the Comprehensive Plan Land Use Element. Conclusion The Subject Property is one of the last remaining infill parcels in this area. The proposed amendment will further the following stated County goals; Locates development adjacent to existing facilities and services and creates an efficient and consistent pattern of land use; Provides a necessary balance of land uses in the area; Does not promote sprawl development; Is consistent with the West Lake Worth Road Neighborhood Plan; Represents responsible and desirable infill development; Will result in significant Workforce Housing opportunities; and Is consistent with surrounding land uses. The proposed amendment is consistent with comprehensive plan and sound planning principles. 18-D FLUA Amendment Staff Report E - 13 Lake Worth Royale (LGA )

35 Exhibit 3 Applicant s Public Facility Impacts Table VIII. Public Facilities Information A. Traffic Information The traffic study was submitted to Palm Beach County on October 6, per the schedule published by Palm Beach County for Round 18-C of Comprehensive Plan Submittals. A stamped receipt of The Palm Beach County Traffic Division accepting the report is provided in Attachment H as is a copy of the submitted Traffic Report. Current FLU Maximum Conditioned or Concurrent Max Trip Generation 600 3,355 3,421 Trip Increase Max. 2,755 Trip Inc. Conditioned or Concurrent 2,821 Significantly impacted roadway segments that fail Long Range Significantly impacted roadway segments for Test 2 Traffic Consultant Dr. Juan F. Ortega, P.E. JFO Group. Inc. B. Mass Transit Information Nearest Palm Tran Route (s) Nearest Palm Tran Stop Nearest Tri Rail Connection Central County Route 62 Bus Stop 5936,.2 miles Trial Rail Station: 1703 Lake Worth Road, Lake Worth, FL Bus Stop 5977 serving Bus Route 62,.04 miles C. Portable Water & Wastewater Information Potable Water & Wastewater Providers Water and wastewater service to this site will be provided through the Palm Beach County Water Utilities System (PBCWUD). Please see Potable Water & Wastewater Level of Service (LOS) comment letter provided as Attachment I. 18-D FLUA Amendment Staff Report E - 14 Lake Worth Royale (LGA )

36 Nearest Water & Wastewater Facility, type/size A 12 P.V.C. water main is located within the adjacent Lake Worth Road right-ofway and can serve as the source to supply to the subject property. Distance to the main is approximately 180. Please see Potable Water & Wastewater Level of Service (LOS) comment letter provided as Attachment I. D. Drainage Information The ultimate developed site grading / surface water management system can be designed such that no uncontrolled storm water will flow directly off the site for all storm events up to the design storm (25-yr 3- daystorm). Please see Drainage Statement included as Attachment J. E. Fire Rescue Nearest Station Distance to Site Response Time Effect on Resp. Time Station # Charleston Street Approximately 2 miles 6 minutes and 30 seconds Minimal impact Please see Fire Rescue Letter as Attachment K F. Environmental Significant habitats or species Flood Zone* Wellfield Zone* The site is greatly altered from historic clearing for residential and agricultural use, primarily for equestrian use. The construction of the Lake Worth Road interchange for the turnpike in 2009 created additional impacts to the north and eastern sections of the subject property. Today, the property is dominated by open lands that are overgrown with mostly exotic and nuisance plant species including Melaleuca, Australian pine, carrotwood, Brazilian pepper, and numerous exotic grasses and weeds. An approximate, 1.0-acre remnant freshwater wetland is located at the extreme north-central section of the subject property and is Melaleuca dominated with very little native plant species inhabiting this area. Pleased see Natural Features Narrative provided as Attachment L. The property does not include any areas designated as a Flood Zone. The site does not include any areas listed as wellfield protection zones. Please see Wellfield Map provided as Attachment M. G. Historic Resources The following statement was provided by the Palm Beach County Historic Preservation Officer/ Archeologist: Staff's review of the County's survey of historic/architecturally significant structures, and of properties designated for inclusion in the National Register of Historic Places (NRHP), has identified no historic or architecturally significant resources on or within 500 feet of the above referenced properties. Staff review of the County's map of known archaeological sites has identified no known archaeological resources located on or within 500 feet of the above referenced properties. Please see Attachment N. 18-D FLUA Amendment Staff Report E - 15 Lake Worth Royale (LGA )

37 H. Parks and Recreation - Residential Only Park Type Name & Location Level of Svc. (ac. per person) Population Change Change in Demand Regional Beach District Okeeheelee Park 7715 Forest Hill Boulevard R.G. Kreusler Park 2882 S. Ocean Boulevard Palm Beach, Florida Park Ridge Golf Course 9191 Lantana Road Lake Worth, Florida I. Libraries - Residential Only Library Name Address Greenacres Branch 3750 Jog Road City, State, Zip Greenacres, FL Distance 1.9 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 $ Professional staff 1 FTE per 7,500 persons All other staff 3.35 FTE per professional librarian Library facilities 0.34 sf per person sf J. Public Schools - Residential Only Please see SCAD Letter from Palm Beach County School provided as Attachment O. Elementary Middle High Name Discovery Cove Woodlands Park Vista Address 3550 Lyons Rd Lyons Rd Jog Rd. City, State, Zip Lake Worth, FL Lake Worth, FL Lake Worth, FL Distance.8 miles 2 miles D FLUA Amendment Staff Report E - 16 Lake Worth Royale (LGA )

38 Exhibit 4 Traffic Study Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: 18-D FLUA Amendment Staff Report E - 17 Lake Worth Royale (LGA )

39 Exhibit 5 Palm Beach County Traffic Division Letter July 5, 2018 Department of BngJ.nee rlng and Public Works P.O. B<>x West Palm Beach, FL (561) FI\X: (561) Palm Beach County Boa.~d of County Commissioners Melissa McKinlay. Mayor Mack Bernard. Vice Mayor Hal R. Valeche Pau!CIIC Burdick Dave Kerner Steven L. Abrams Mary Lou Berger County Administrator Verdenia C. Baker Dr. Juan F. Ortega, P.E. JFO Group Inc Forest Hill Boulevard, Suite 10A-123 Wellington, Florida RE: Lake Worth Royale - Revised FLUA Amendment Policy 3.5-d Review Round 2018-C Dear Dr. Ortega: Palm Beach County Traffic Division has reviewed the Traffic Impact Analysis for the proposed Future Land Use Amendment for the above referenced project, revised June 28, 2018 pllrsuant to Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehernsive Plan. The project is summarized.as follows: Location; PCN: Ac res: SW corner of Lake Worth Road and Florida's Turnpike (others on file) acres Current FLU Proposed FLU FLU: Low Residential (LR-2) Commercial High (CH = 3 Acres) High Residential (HR-8 = Acres) Zoning: Residential Transitional (RT) Commercial General (CG = 3 Acres) Planned Unit Development (PUD = Acres) Density/ 2 du/acre 0.35 FAR Intensity: 8 du/acre Maximum Single Family Detached General Commercial Potential: Total: 60 DUs Total: 45,738 SF Apartments Total: 216 DUs Proposed N/A Apartments = 375 DUs Potential: Net Daily Trips: 2,755 (maximum- current) 2,821 (proposed -current) Daycare = 12,998 SF Fast Food Restaurant + DT = 2,900 SF General Office = 2,500 SF Net PH Trips: 125 (33/92) AM, 299 (164/135) PM (maximum) 308 ( ) AM, 330 (197/133) PM (proposed) 'An Equa.l Opportunfly Affirmati ve Aclion Employb' Maximum indicates typical FAR and maximum trip generator. Proposed indicates the specific uses and intensities/densities in the zoning application.,(!.:;.. prlr.ted on suslalna0/9 W arid recycled paper 18-D FLUA Amendment Staff Report E - 18 Lake Worth Royale (LGA )

40 18-D FLUA Amendment Staff Report E - 19 Lake Worth Royale (LGA )

41 Exhibit 6 Water & Wastewater Provider LOS Letter Water Utilities Departntent Engineering 8100 Forest Hill Blvd. West Palm Beach. FL ~3413 (561) Fax: (561) Palm Beach Count)' Board of County Commissioners Melissa McKinlay. Mayor Mack Bernard, Vice Mayor Hal R. Valeche Pauleue Burdick Dave l<erncr Steven L Abrams Mary Lou Berger County Adminlstzator Verdenia C. Baker December 4, 2017 Michael B. Schorah & Associates 1850 Forest Hill Blvd., Suite 206 West Palm Beach, Fl RE: Lake Worth Royale- Lake Worth Road & Florida Turnpike PCN: , , , , and Service Availability Letter Dear Mr. La Coursiere, This is to confirm that the referenced property is located within Palm Beach County Utility Department (PBCWUD) utility service area. Potable water and wastewater system capacities are available subject to a Standard Developers Agreement. There is an existing 12" watermain and a 12" forcemain located within Lake Worth road right of way adjacent to the subject property. Watermain extensions maybe required for looping. Please note that this letter does not constitute a final commitment for service until the final design has been approved by PBCWUD. If you have any questions, please give me a call at (561) Sincerely, ~~ Jackie Michels, P.E, Plan Review Manager "'A PI Eq!Uil 0J)po, ttmfl)' Affinnmi..-e Actkm Employe,. ~ prinled on sustainable '6(Y and recycled paper 18-D FLUA Amendment Staff Report E - 20 Lake Worth Royale (LGA )

42 Exhibit 7 School District Letter THE SCHOOL DISTRICT OF PALM BEACH COUNTY, fl PLANNING ANO INTERGOVERNMENTAL RElATION$ 3300 FOREST HILL BOULEVARD, SUITE B 102 WEST PALM BEACH, Fl KRISTIN K. GARRISON, AICP Outt:CTO«DONALD E. FENNOY II, Eo.O. CHIEF 0PP:AnNG OFFICE WANDAF. PAUL CHIEF Of f ACiliTIES M AHAG MENT PHONE: I FAX: OOl~.ORG /PLANtii NG SCHOOL CAPACITY AVAILABILITY DETERMINATION (Revised 11/3/2017) Submittal Date SCAD# F - Future Land Use Atlas Amendment FLU IRezonlng/D.O. # - ~ Provided - Palm Beach County PCN# I Property Addres.s Lake Worth Road and more Application Development Name Lake Worth Royale OWner I Agent Name Planning Area I SAC No. Florida Dept. of Transportation I Evens Land consulting 12I216A Proposed Unit Number & Type Max. 37S Residential Units- Proposed FLU Designation Max. 60 Residential Units Current FLU Designation Discovery Kev Woodlands Park Vista Elementary School Middle School HlohSchool Impact Review #of New Students Generated 48 ' Capacity Available Utilization Percentase 82% 96% 102% 1 - In order to address the school capacity deficiency created by this proposed <mendment at the District high school level, the Staff's property owner is required to contribute a total of $722,673 to the Recommendation School District or Palm Beach County prior to issuance of first building permit This contribution is intended to supplement the required school impact lee (Impact lee credit has already been applied). -- Approval with Conditions This contribution lund will be specifically earmarked by the School District lor OOO High School to address the capacity deficiency at Park Vista High School. 2 - This approval is valid from to or the expiration date of the site-specific Development Order (D.O.) approved during the validation period. Comment 3-A copy of the approved D.O. must to be submitted to the School District Planning Department prior to or this determination will expire automaticallv. School age chiklren may not be assigned to the public school closest to their residences. November 3, 2017 Dat e Joyce c. Cal, Senior Planner Print Name & Title of School District Representative joyce.cai@palmbeachschools.org Address CC: lorenzo Aghemo, Director, Palm Beach County Planning Department Kris Garrison, Director, Planning & lntergov Relations, School District of Palm Beach County The School District of Palm Beach County, Florida A Top~Rated District by the Florida Department of Education Since 2005 An Equal Education Opportunity Provider ond Employer 18-D FLUA Amendment Staff Report E - 21 Lake Worth Royale (LGA )

43 Exhibit 8 WHP Pre-Application Bonus Density Determination May21,2018 Department of Planning, Zoning &. Building 2300 Nonh jog Road WeS! Palm Beach. FL (561) Planning Division oning Division Building Division Code Enfore<:ment Contraclors certification Administration Offie<: Executive Office W\vw.pbcgov.com/pzb Palm Beach County Board of County Commissioners Melissa McKinlay. Mayor Mack Bernard. Vice Mayor Hal R. Valeche Paulene Burdick Dave Kerner Steven L. Abrams Mary LOu Berger County Administrator Verdenia C. Baker 1\n Equal Oppo,.runity Ajflmuui.vt Acn'ort Employer....(?;:;... printed on sustalnal>le '6(Y and recyeloe,_, Jeff Evans Evans Land Consulting 1440 SW 20 Street Boca Raton, FL RE: Workforce Hlousing Program Pre-Application, Sufficiency Notice & Density Bonus Determination, Lake Worth Royale Dear Mr. Evans: The Planning Division is in receipt of the proposed Lake Worth Royale Mandatory Workforce Housing Program (WHP) Pre-application (27.01 acres) to determine the WHP density bonus beyond 30%. The Planning Division completed a sufficiency review of the pre-application, and has determined that the pre-application is sufficient. However, additional information may be required as the review process continues. When utilizing the mandatory Workforce Housing Program, the proposed Lake Worth Royale development is eligible for a 50% workforce housing density bonus. Should this proposed HR-8 (Hypothetical FLU) be approved with the 50% bonus it would yield 108 bonus units. Along with the 216 units allowed by right at HR-8, the Lake Worth Royale proposal has a potential of 324 total units, with 53 of these units being required workforce housing units. The Transfer of Development Rights (TOR) program is also available as a means to pursue additional dwelling units. The Lake Worth Royale property (27.01 acres) has the potential for 54 TOR units with 19 of these units being required WHP units. (Potentially 378 total units including 72 required WHP units) Please understand this letter is not a guarantee that all 324 dwelling units or any of the 54 available TOR units can be built on the site and adequately meet all site development requirements. Please contact the Zoning Division regarding the TOR program application process and continue forward with the appropriate Zoning Division site plan approval process. If you have any questions or concerns regarding this letter, you may contact me at (561) Sincere~y,. lfli( ~.510 ;e. MichaeiHTe Senior Planner c: Bryan Davis, Principal Planner, Planning Div. Maryann Kwok, Chief Planner, Zoning Div. Wendy Hernandez, Zoning Manager, Zoning Div. Carlos Torres, Site Planner II, Zoning Div. Bryce Van Horn, Senior Planner, Planning.Div. T:\Pianning\CURRENT\WHP\lake Worth Royale\W HP Pre-app\Lake Wortlh Royale WHP Sufficiency doc 18-D FLUA Amendment Staff Report E - 22 Lake Worth Royale (LGA )

44 Exhibit 9 Disclosure of Ownership Interests PALM BEACH COUNTY - ZONING DIVISION FORM#~ DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY [TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT OR DEVELOPMENT ORDER] TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared Nicole Debehnke, hereinafter referred to as "Affiant," who being by me first duly sworn, under oath, deposes and states as follows: 1. Affiant is the [ ] individual or ("] Manager {position - e.g., president, partner, trustee] of TLH-82 DOT. LLC [name and type of entity - e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County. 2. Affiant's address is: 2240 w Woathrjght Road #403 Boynton Beach E!arjda Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property. 5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval. 6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath. Disclosure of Beneficial Interest - Ownership form Page 1 of 4 Revised 08/25/2011 Web Format D FLUA Amendment Staff Report E - 23 Lake Worth Royale (LGA )

45 PALM BEACH COUNTY- ZONING DIVISION FORM #~ 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. FURTHER AFFIANT SAYETH NAUG'"F: j ~tl~.!:n~ico=le.!:d~e~be::!.h!!!n~ke' ' Affiant (Print Affiant Name) The foregoing instrument was acknowledged before me this 2:_ day of Nl> v 20..!.!_, by Nicole Debehnke, [ ] who is personally known to me or [ ty..ho has produced rt::...!&..~ol.l.' as identification and who did take an oath. ~ MACKENOY GOURDET Notary Public. Stale of Florida Commission# GG My comm. expires Aug Notary Public (Print Notary Name) NOTARY PUBLIC State of Florida at Large My Commission Expires: AvC. 1:.,, 8 2, l Disclosure of Beneficial Interest - Ownership form Page 2 of 4 Revised 08/25/2011 Web Format D FLUA Amendment Staff Report E - 24 Lake Worth Royale (LGA )

46 18-D FLUA Amendment Staff Report E - 25 Lake Worth Royale (LGA )

47 LEGAL DESCRIPTION SURPLUS PARCEL "A" A PORTION OF PARCELS 101 AND 102, AS PER FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.L.D. NO , BEING A PORTION OF TRACTS 2 AND 15, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 45, OF THE PUBLIC RECORDS OF P/\LM BE/\CH COUNTY, FLORID/\, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, R/\NGE 42 E/\ST, P/\LM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A 5/8" IRON ROD & CAP (W.G.I. LB 7055) MARKING THE SOUTHWEST CORNER OF SAID TRACT 15; THENCE NORTH 00 56'47" WEST, ALONG THE WEST LINE OF SAID TRACT 15 AND TRACT 2, A DISTANCE OF 1, FEET TO THE EXISTING SOUTHERLY LIMITED ACCESS RIGHT OF WAY LINE, AS SHOWN ON SAID FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.I.D. NO ; THENCE SOUTH 85.23'17" EAST, ALONG SAID EXISTING SOUTHERLY LIMITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE NORTH 89.02'31" EAST, ALONG SAID EXISTING SOUTHERLY LIMITED ACCESS RIGHT OF WAY LIN E, A DISTANCE OF FEET; THENCE SOUTH 89 27'29" EAST, ALONG SAID EXISTING SOUTHERLY LIM ITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS; THENCE SOUTH 01 48'42" WEST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 02.28'02" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 18 08'52" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 31.21'40" FOR A DISTANCE OF FEET (302.24' CALCULATED) TO THE SOUTH LINE OF SAID TRACT 15 AND THE END OF SAID CURVE; THENCE SOUTH 89 03'13" WEST, ALONG SAID SOUTH LINE OF TRACT 15, A DISTANCE OF FEET TO THE POINT OF BEGINNING. SURPLUS PARCEL "B": A PORTION OF PARCELS 103 AND 104, AS PER FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.I.D. NO , BEING A PORTION OF TRACTS 17, 18, 31 AND 32, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO.3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 45. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID TRACT 18; THENCE NORTH 89 03'13" EAST, ALONG THE NORTH LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS, AND BEING A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 42 13'59" EAST; THENCE DEPARTING SAID NORTH LINE, RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 13'43" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 46.50'50" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 44 08'44" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 31 57'11" EAST; 18-D FLUA Amendment Staff Report E - 26 Lake Worth Royale (LGA )

48 THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 24 23'07" FOR A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 48'46" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 811.7S FEET AND A CHORD BEARING OF SOUTH 05.54'41" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 48'09" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 01 00'36" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 11, FEET AND A CHORD BEARING OF SOUTH 01 04'41" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 00 08'10" FOR A DISTANCE OF FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID TRACT 32 AND THE END OF SAID CURVE; THENCE DEPARTING SAID EXISTING WESTERLY RIGHT OF WAY LINE, RUN SOUTH 89 03'13" WEST, ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF TRACT 32 AND TRACT 31, A DISTANCE OF FEET TO THE WEST LINE OF SAID TRACT 31; THENCE NORTH 00 56'47" WEST, ALONG SAID WEST LINE OF TRACT 31 AND THE WEST LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING: A PORTION OF PARCELS 103 AND 104, AS PER FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.I.D. NO , BEING A PORTION OF TRACTS 17, 18, 31 AND 32, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO.3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 45. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 18; THENCE NORTH 89 03'13" EAST, ALONG THE NORTH LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS, AND BEING A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 42 13'59" EAST; THENCE DEPARTING SAID NORTH LINE, RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LIN E, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF " FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 46.50'50" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 44 08'44" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 44 08'44" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 31 57'11" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 24.23'07" FOR A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE SOUTH 10.48'46" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 05 54'41" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 48'09" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 01 00'36" EAST, ALONG SAID EXISTING 18-D FLUA Amendment Staff Report E - 27 Lake Worth Royale (LGA )

49 18-D FLUA Amendment Staff Report E - 28 Lake Worth Royale (LGA )

50 PALM BEACH COUNTY - ZONING DIVISION FORM#...QL DISCLOSURE OF OWNERSHIP INTERESTS- APPLICANT {TO BE COMPLETED AND EXECUTED ONLY WHEN THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY] TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared Nicole Debehnke, hereinafter referred to as "Affiant," who being by me first duly sworn, under oath, deposes and states as follows: 1. Affiant is the ["] individual or [ ] Manager [position-e.g., president, partner, trustee] of TLH-82 DOT. LLC [name and type of entity - e.g., ABC Corporation, XYZ Limited Partnership], (hereinafter, "Applicant"). Applicant seeks Comprehensive Plan amendment or Development Order approval for real property legally described on the attached Exhibit "A" (the "Property")- 2. Affiant's address is: 2240 w Woolbright R oad #403 Boynton Beach Flgdda Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Applicant. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of Applicant's application for Comprehensive Plan amendment or Development Order approval. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of the Applicant. 5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Applicant that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval. 6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath. 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. Disclosure of Beneficial Interest - Applicant form Page 1 of 4 Revised 08125/201 1 Web Format D FLUA Amendment Staff Report E - 29 Lake Worth Royale (LGA )

51 PALM BEACH COUNTY- ZONING DIVISION FORM# Q!L FURTHER AFFIANT SAYETH NAUGHT. J\Ji'~ v-.!.n,_,ic,_,o,le'-'d""e"'be,h.!!.n""ke,, Affiant (Print Affiant Name) The foregoing instrument was acknowledged before me this _.2_ day of,v~ v 20-lJ-, by Nicole Debehnke, [.] who is personally known to me or [ '1 who has produced t k {I '-< as identification and who did take an oath. MACKENDY GOURDET Notary Public. Stale ol Florida Commission# GG My comm. expires Aug (Pnnt otary Name) NOTARY PUBLIC State of Florida at Large My Commission Expires: ~ C7 ~ 1'2) Disclosure of Beneficial Interest - Applicant form Revised 08/25/201 1 Page 2 of 4 Web Format D FLUA Amendment Staff Report E - 30 Lake Worth Royale (LGA )

52 ATTACHMENT"E" - g~t.- ~ 'Wi\ [3, DISCLOSURE OF OWNERSHIP INTEREST -APPLICANT Affiant must iden!ify all entities and individuals owning five percent or more ownership interest in Applicant's corporation, partnership or other principal, if any. Affiant must identify individual owners. For example, if Affiant is an officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, who interest is for sale to the general public. Name NEM, LLC (owns 100% oftlh-82 DOT, LLC) Kids for Tuttle Family Trust (owns 95% ofnem, LLC) Address 2240 W. Woolbright Road #403 Boynton Beach, Florida Hillsboro MiEe Hillsboro Beach, Florida Brian Tuttle 961 Hillsboro MHe (owns 3.334% ofnem, LLC and is Hillsboro Beach, Florida % beneficiary of Kids for Tuttle Family Trust) Michael Tuttle 961 Hillsboro Mite (owns 3.333% ofnem, LLC and is Hillsboro Beach, Florida % beneficiary of Kids for Tuttle Family Trust) Nicole Debehnke 961 Hillsboro Mi~e (owns 3.333% ofnem, LLC and is Hillsboro Beach, Florida % beneficiary of Kids for Tuttle Family Trust) J 18-D FLUA Amendment Staff Report E - 31 Lake Worth Royale (LGA )

53 LEGAL DESCRIPTION SURPLUS PARCEL "A" A PORTION OF PARCELS 101 AND 102, AS PER FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.L.D. NO , BEING A PORTION OF TRACTS 2 AND 15, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT B.OOK 2, PAGE 4S, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A 5/8" IRON ROD & CAP (W.G.I. LB 7055) MARKING THE SOUTHWEST CORNER OF SAID TRACT 15; THENCE NORTH 00 56'47" WEST, ALONG THE WEST LINE OF SAID TRACT 15 AND TRACT 2, A DISTANCE OF 1, FEET TO THE EXISTING SOUTHERLY LIM ITED ACCESS RIGHT OF WAY LINE, AS SHOWN ON SAID FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P. I.D. NO ; THENCE SOUTH 85.23'17" EAST, ALONG SAID EXISTING SOUTHERLY LIMITED ACCESS RIGHT OF WAY LIINE, A DISTANCE OF FEET; THENCE NORTH 89.02'31" EAST, ALONG SAID EXISTING SOUTHERLY ILIMITED ACCESS RIGHIT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 89.27'29" EAST, ALONG SAID EXISTING SOUTHERLY LIMITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF FEET TO TIHE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS; THENCE SOUTH 01 48'42" WEST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 02.28'02" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY,. HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 18.08'52" EAST; THENCE RUN SOUliHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 31.21'40" FOR A DISTANCE OF FEET (302.24' CALCULATED) TO THE SOUTH LINE OF SAID TRACT 15 AND THE END OF SAID CURVE; THENCE SOUTH 89.03'13" WEST, ALONG SAID SOUTH LINE OF TRACT 15, A DISTANCE OF FEET TO THE POINT OF BEGINNING. SURPLUS PARCEL "B": A PORTION OF PARCELS 103 AND 104, AS PER FLORIDA TURNPIKE RIGHT OF WAY MAPS, F.P.I.D. NO , BEING A PORTION OF TRACTS 17, 18, 31 AND 32, BILOCK 28, PALM BEACH FARMS COMPANY PLAT NO.3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 45. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER Of SAID TRACT 18; THEINCE NORTH 89 03'13" EAST, ALONG THE NORTH LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS, AND BEING A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 42 13'59" EAST; THENCE DEPARTING SAID NORTH LINE, RUN SOUliHEASTERLYALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 13'43" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 46.50'50" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 44 08'44" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLYJ HAVING A RADIUS OF FEET AND A CHIORD BEARING OF SOUTH 31 57'11" EAST; 18-D FLUA Amendment Staff Report E - 32 Lake Worth Royale (LGA )

54 THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 24 23'07" FOR A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 48'46" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 811.7S FEET AND A CHORD BEARING OF SOUTH OS 0 54'41" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 48'09" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 01 00'36" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1SO.OO FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 11,602.2S FEET AND A CHORD BEARING OF SOUTH 01 04'41" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 00 08'10" FOR A DISTANCE OF FEETTO T HE SOUTH LINE OF THE NORTH 1/2 OF SAID TRACT 32 AND THE END OF SAID CURVE; THENCE DEPARTING SAID EXISTING WESTERLY RIGHT OF WAY LINE, RUN SOUTH 89 03'13" WEST, ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF TRACT 32 AND TRACT 31, A DISTANCE OF FEET TO THE WEST LINE OF SAID TRACT 31; THENCE NORT IH 00 56'47" WEST, ALONG SAID WEST LINE OF TRACT 31 AND THE WEST LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING: A PORTION OF PARCELS 103 AND 104, AS PER FLOR IDA TURNPIKE RIGHT OF WAY MAPS, F.P.I.D. NO , BEING A PORTION OF TRACTS 17, 18, 31 AND 32, BLOCK 28, PALM BEACH FARMS COMPANY PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 18; THENCE NORTH 89 03'13" EAST, ALONG THE NORTH LINE OF SAID TRACT 18, A DISTANCE OF FEET TO THE EXISTING WESTERLY LINE OF THE LAKE WORTH DRAINAGE DISTRICT RIGHT OF WAY, AS SHOWN ON SAID RIGHT OF WAY MAPS, AND BEING A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 42 13'S9" EAST; THENCE DEPARTING SAID NORTH LINE, RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 13' 43" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 46 SO'SO" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE SOUTH 44 08'44" EAST, ALONG SAIID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 44 08'44" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 821.7S FEET AND A CHORD BEARING OF SOUTH 31 S7'11" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY Ll NE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 24 23'07" FOR A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 48'46" EAST, ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF SOUTH 05 S4'41" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 09 48'09" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 01"00'36" EAST, ALONG SAID EXISTING 18-D FLUA Amendment Staff Report E - 33 Lake Worth Royale (LGA )

55 WESTERLY RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS 0 F 11, FEET AND A CHORD BEARING OF SOUTH 01 o4'41" EAST; THENCE RUN SOUTHEASTERLY ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE, AND THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 00 08'10" FOR A DISTANCE OF FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF SAIID TRACT 32 AND THE END OF SAID CURVE; THENCE DEPARTING SAID EXISTING WESTERLY RIGHT OF WAY LINE, RUN SOUTH 89 03'13" WEST, ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF TRACT 32, A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 11, FEET AND A CHORD BEARING OF NORTH '40" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAl D CURVE, PASSING THROUGH A CENTRAL ANGLE OF oo o8'08" FOR A DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 01 00'36" WEST, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF FEET AND A CHORD BEARING OF NORTH 22 34'40" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 43 08'08" FOR A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE NORTH 45 51' 16" EAST, A!DISTANCE OF FEET TO THE POINT OF BEGINNING. SURPLUS PARCEL "A"= ACRES MORE OR LESS (PER CALCULATED AND MEASURED BOUNDARY) SURPLUS PARCEL "B" = ACRES MOIRE OR LESS(PER CALCULATED AND MEASURED BOUNDARY) 30' PALM BEACH FARMS R/W = ACRES MORE OR LESS (PER CALCULATED AND MEASURED BOUNDARY) CONTAINING TOTAL ACRES MORE OR LESS. (*NOTE: AREA IS BASED UPON THE TOTAL CALULATED AND MEASURED BOUNDARY AND INCLUDES THE PALM BEACH FARMS COMPANY PLAT N0.3 RIGHT-OF WAYTO BE ABANDONED) 18-D FLUA Amendment Staff Report E - 34 Lake Worth Royale (LGA )

56 Exhibit 10 Correspondence l~i\ki!: lvo.il'l'll 'RO.i\0 CO.i\I~ ITION ~ 3 :&:15 l.uke c,- ress lloud Luk e \l 1 orth, Floridn!l!J4 67 INC. July 17, 2018 Mayor Melissa McKinlay Palm Beach County Board of County Commissioners 301 N. Olive Ave. West Palm Beach, FL RE: Lake Worth Royale (LGA ) Land Use Atlas Amendment Dear Mayor McKinlay, This subject is a revised Proposed Future Land Use Amendment on 30 acres that is similar to the original proposed amendment with the exception that the developer offers to purchase a significant increase in TDR' s to achieve the 375 rental units on 27 acres. It also includes 3 acres which includes a 200 student day care center, a 75 seat drive through restaurant and a two story office complex. It does not address or solve the traffic safety issues that we have pointed out earlier letter. The original Staff Report recommended Denial. With the revised proposed amendment, Staff is recommending Approval with conditions. [n reviewing the Staff.Report it appears obvious that the decision was made to approve the revised proposed amendment and then try to develop the data to support the decision. In our opinion, we don' t believe they achieved their goal. StafTReport states that the Developer indicates this development is compatible with adjacent developments and Staff agrees. How is14 units per acre, with 3 story buildings consistent with the surrounding residential areas which are no higher than 5 units per acre and limited to no higher than two stories? Staff analysis on page 7 of their report states "being considered infill can in general be the basis for increasing density up to, but not in excess ofsurrounding densities". In the same paragraph it states" The site is surrounded by 5 units per acre (MR-5).ln actuality, Page 15 lists the actual density of the adjacent property at 4.34 units per acre. Bottom of page 9 falsely identifies an existing adjacent NET density "from over 10 units per acre to just under 5 ''This section theorizes to apply an adjacent peak NET density to approve a proposed GROSS density for the for the entire acreage of the proposed development. To uutilize a " net" localized density of a small area of a large development is gross inadequate to approve an increase of the f,rross density of an entire development. By comparison, the proposed NET density of the proposed development could be considered. After bonus the proposed site density is 13.9 units per acre. Removing the rec areas, rights-ofway, and lake area could easily be half the area of the site resulting in a NET density for land used to build the residential structures near or in excess of28 units per acre proposed to a NET 18-D FLUA Amendment Staff Report E - 35 Lake Worth Royale (LGA )

57 of I 0 on the adjacent property. Using a NET density to justify increasing for the proposed development cannot be justified as fill-in. Comparison should be GROSS to GROSS or NET to NET. In this case there is a gross disparity between the proposed and the adjacent existing densities. GROSS density proposed is 13.9 adjacent to 4.34 existing. The report states that the developer is extending their entry road further south in order to get to.1!: jjotential connection" through the Fields of Gulfstream. Who will build and pay for this connection to Polo Road and when will it be built? We have received no answers. As we stated in our letter dated April 21, 2018, we explained that the proposed ingress and egress to this property using Hooks Road faces significant traffic safety problems. The Staff report basically says the same thing. You can 't make a left tum onto Lake Worth Road from Hooks Road, and during peak traffic it will be unsafe to tum right and cross over 3 lanes of traffic to get to a traffic light to make au-tum. Also, the left tum cutout on Lake Worth Road to enter Hooks Road requires crossing 3 lanes and is blocked during peak traffic hours by eastbound vehicles waiting at the stop light. Under the current conditions traffic going west will use the U-tum lane in front of Summer Chase, a Senior Community, in order to enter the property using Hooks Road. Even if the connection was built to Polo Road, a significant portion of the traffic coming from the east would still use this U-turn rather than going further west to tum onto Polo Road. There is already a problem for Summer Chase residents trying to make a left turn out of their Community, as well as other vehicles making au-tum. Under Neighborhood Plans & Studies, Staff Analysis, it states that it would be speculation as to whether a 5 units per acre density would have been assigned in the Neighborhood Master Plan. Therefore, the proposed amendment is neither consistent nor inconsistent with the Neighborhood plan. For years this property owned by the DOT was to be used as a drainage area. Since the DOT is now selling the property it should be obvious that it should designated as MR-5, capped at 5, consistent with all the residential density to the west. Staff also states The Lake Worth Road Coalition has not submitted any changes to their Plan for consideration for the BCC to receive and file since the formation of the Plan and its original receipt by the BCC in I believe we did submit a change on the property located on the north-east comer of Lake Worth Road and Lyons. But, it would have been nice if Staff had told us that this land was for sale and recommended that we update our Plan to include a future land use designation. However, the underlying residential zoning was LR-2 so why is the Developer getting a fre.e pass to HR-8? In the past, when a developer wanted to increase the residential density from LR-2 to a higher density the Staff Report would indicate that the developer must use TOR's and Density Bonuses in order to increase the density. Why is Staff now recommending approval of an increase from LR-2 to HR-8 without TOR's? We still have undeveloped land in our Neighborhood Master Plan, specifically approximately 39+ acres on the south side of Lake Worth Road just east of US Even though we have designated future land use oflr-3 and LR-2 capped to these parcels, this amendment could set a president where a developer could ask for a similar increase in density. 18-D FLUA Amendment Staff Report E - 36 Lake Worth Royale (LGA )

58 18-D FLUA Amendment Staff Report E - 37 Lake Worth Royale (LGA )

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