FUTURE LAND USE ATLAS AMENDMENT AMENDMENT ROUND 10-c BCC ADOPTION PUBLIC HEARING, AUGUST 26, 2010

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1 FUTURE LAND USE ATLAS AMENDMENT AMENDMENT ROUND 10-c BCC ADOPTION PUBLIC HEARING, AUGUST 26, 2010 I. General Data Project Name: Legend Lakes Center (SCA ) Request: Acres: Location: Project Manager: Agent/Applicant: Staff Recommendation: II. Current FLU: Site Data Existing Land Use: Current Zoning: Current Development Potential Max: Proposed FLU: Proposed Zoning: Dev. Potential Max or Conditioned: Tier/Tier Change: Utility Service: Overlay/Study: LR-1 to CL-O 9.23 acres East side of State Road 7 (US 441), 0.42 mile south of Lake Worth Road Bryce Van Horn, Senior Planner Land Design South / H&M Development LLC (Contract Purchaser); Haitham Hussein (Property Owner) Staff recommends denial of the proposed amendment based on the data and finding in this report. Current Future Land Use Low Residential, 1 unit per acre (LR-1) Single family dwelling unit Residential Transitional (RT) Nine (9) residential dwelling units Proposed Future Land Use Change Commercial Low-Office only (CL-O) Multiple Use Planned Development (MUPD) District 140,568 sq. feet General Area Information for Site Urban/Suburban Tier / No Tier Change Palm Beach County Water Utilities Department West Lake Worth Road Neighborhood Plan Comm. District: Commissioner Santamaria, District 6 T:\Planning\AMEND\10-sca\Sitespecific\17-Legend Lakes Center\BCC Adopt Report Legend Lakes-Legal.doc 10-c FLUA Amendment Staff Report 76 Legend Lakes Center (SCA ) Page 76

2 10-c FLUA Amendment Staff Report 77 Legend Lakes Center (SCA )

3 III. Hearing History Local Planning Agency: Motion to recommend approval of the applicant s request by Mr. Neil Merin, seconded by Mr. Jerry Greenfield passed in a unanimous (9-0) vote at the June 25, 2010 Public Hearing. There was no discussion by the Planning Commission. One member of the public spoke, Mr. Patrick Wilson representing the Lake Worth Road Coalition, stating that the Coalition was not opposed to the proposed amendment. Board of County Commissioners Adoption Public Hearing: 10-c FLUA Amendment Staff Report 78 Legend Lakes Center (SCA )

4 IV. Background/History The subject site is a 9.23 acre parcel in the eastern central part of the County in the Urban/Suburban Tier located on the east side of State Road 7 (US 441),.42 miles south of Lake Worth Road. This parcel has a Future Land Use (FLU) designation of Low Residential, 1 unit per acre (LR-1). The applicant, H&M Development LLC, the contract purchaser of the parcel, is requesting a Comprehensive Plan Amendment to amend the Future Land Use Atlas to change the FLU designation from LR-1 to Commercial Low Office (CL-O). The parcel is currently developed with a single family home. The FLU designations of the properties surrounding the subject site are low density residential designations. Adjacent to the northern boundary of the subject site is a vacant 4.59 acre site. Legend Lakes Estates surrounds this parcel and the subject site to the north, south, and east. All of these properties have an LR-1 FLU. To the west, across SR-7, is the Wycliffe PUD with an LR-2 FLU designation. There is a Lake Worth Drainage District E-1 Canal that lies between the subject site and SR-7. The site is located within the boundaries of the West Lake Worth Road Neighborhood Plan that was recently completed and received and filed by the Board of County Commissioners in the fall of last year. This site is on the western boundary of the plan area. Several other parcels within the plan boundaries and generally along Lake Worth Road or within an area east of Lyons Road have been the subject of several amendments recently. Over the past two years the County has adopted three privately initiated FLUA amendments to increase intensity and density. Two commercial amendments, Lake Worth Commercial and Lake Worth/Turnpike, were to change the land use from LR-2 to Commercial High (CH) for the development of Commercial Lifestyle Centers consisting of a maximum of 396,000 sq. ft. on acres and 300,000 sq. ft. on acres respectively. A single residential amendment was adopted for a acre site which changed the future land use designation from LR-2 to MR-5. There are currently two Large Scale amendments in the 10-1 round of amendments that are requesting commercial land use designations. One is for a change from LR-2 to Commercial Low with underlying LR-2 (CL/2) for a maximum of 208,000 square feet and the other is for a change from LR-2 to Multiple Land Use with a portion to CL-O FLU for a maximum of 273,000 square feet. The subject site has been the subject of a development order. In 2003, Strata Development Corp., the owner of the subject site at that time, submitted a Zoning application, known as 9 Acre State Road 7 Property, to rezone the property. A development order was approved for that application in 2003 for a rezoning from the Agricultural Residential Zoning District to the Residential Transitional Zoning District with a Conditional Overlay Zone to allow for the development of 9 single family dwelling units, the maximum number of units allowed per the FLUA designation of LR-1 (1 unit per acre). A preliminary site plan was submitted showing a single access to SR-7 via a bridge over the Lake Worth Drainage District (LWDD) E-1 canal. No cross access was proposed to the vacant 4.59 acre parcel to the north, nor was a shared access to SR-7 for both parcels proposed. Additionally, no additional density was requested through the County s Transfer of Development Rights (TDR) program. 10-c FLUA Amendment Staff Report 79 Legend Lakes Center (SCA )

5 V. Intent of the Amendment The intent of the applicant is to obtain approval for a change to the FLU designation from LR-1 to CL-O in order to allow for development of the site with professional and medical office uses. As this application is a for a small scale amendment, a concurrent rezoning application was required to be submitted by the applicant. A concurrent zoning application (PDD ) for a rezoning from the RT Zoning to the Multiple Use Planned Develop Zoning district for approximately 123,000 square feet of medical and professional office has been submitted. Both applications are required to be reviewed and considered by the BCC concurrently. VI. Data and Analysis Summary This section of the report examines the consistency of the amendment with the County s Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and for 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 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 9J-5.006(5)(g), Florida Administrative Code (F.A.C.); (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) 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. This section will focus on the applicant s justification, whether the current FLUA designation is inappropriate, whether the proposed designation is appropriate at this location, and how the amendment contributes to the future land use balance in the area. The Planning Division advised the BCC in a memorandum dated 1/21/10 of the review standards pertaining to the issue of appropriateness. Pursuant to a recent legal order, the Planning Division is standardizing the review of appropriateness in this amendment round. Appropriateness is one element of the overall application review requirements, which is considered among all other criteria. Applicant s Data & Analysis: The applicant has prepared a Justification Statement (Exhibit 2) that states the following: The applicant states that conditions have changed since the adoption of the 1989 which render the existing LR-1 designation as no longer appropriate. Specifically: The character of the area surrounding the proposed amendment has clearly changed beyond what was anticipated at the time of adoption of the 1989 Comprehensive Plan. The existing LR-1 land use is one that encouraged low density, sprawling communities that result in the inefficient and unsustainable use of land. Since the adoption of the Comprehensive Plan, a need has emerged in the locality of the subject property for non-residential uses that were not recognized by the designation of the site as LR-1. The extensive urban sprawl through low density residential development that occurred throughout Palm Beach County since the adoption of the Comprehensive Plan has given rise to the increased importance of promoting higher intensity development in existing urban areas, which has resulted in the existing low density Land Use designation being no longer appropriate. The non residential CL-O Land Use 10-c FLUA Amendment Staff Report 80 Legend Lakes Center (SCA )

6 designation will promote efficient and sustainable use of land, utilize existing infrastructure. The failure of the site to develop under its existing FLU designation reflects the inappropriateness of the existing designation further demonstrating that the existing land use designation is not appropriate for a viable development and demonstrates that the community no longer desires and the market no longer supports low density residential development in this location. The inappropriateness is further demonstrated given no properties under 10- acres and with sole access onto State Road 441 were developed as residential communities from Southern Boulevard to Hypoluxo Road. Similar properties have developed with non-residential uses. Appraisal of the developments with similar character as the subject property, leads to the conclusion that a residential designation along State Road 7 is neither desirable nor appropriate. The subject property is a residual parcel created by the development of the Legend Lakes Estates community, which has contributed to the inappropriateness of the existing LR-1 designation. The development potential of the site is severely limited due to the site being a residual parcel of the Legend Lakes Estates community. The cost to install the required utilities on the site, as well as the cost associated with the construction of the bridge required for access onto the site from State Road 441, results in the subject property being financially unfeasible to be developed under the existing LR-1 Land Use designation, as the limited amount of units attainable under the existing designation is so few that it does not allow for a viable development on the site unanticipated growth of the area, the implementation of the mid-block Commercial Location Criteria, adopted by the Board of County Commissioners (BCC) in the 08-1 Amendment Round, demonstrates that the need for neighborhood commercial uses was not accounted for when the Comprehensive Plan was adopted. Staff Analysis: The applicant s statements do not adequately demonstrate that the current LR-2 designation is no longer appropriate. Therefore, the proposed amendment is inconsistent with FLUE Policy 2.1-f. Regarding changes in the character of the area, the residential development in the area was anticipated and there have been no significant increases in the planned densities within the area. Although the character may have been altered in the area regarding several commercial amendments, those additional commercial amendments do not support the applicant s argument that the current FLU is inappropriate. The existing vacancy of the site does not demonstrate that the current FLU is inappropriate. The applicant did not provide any data to support the analysis that no other similar properties under 10 acres have developed residentially along SR-7. A more comprehensive search by staff using the County s Residential Project listing indicates that at least one property with similar size, depth, width, and access characteristics has developed residentially. This development is known as the Strata Devco Property, located on the west side of SR-7, 0.5 miles north of Yamato Road, and is developed with 30 units under it MR-5 FLU. No additional density was requested through the County s TDR program. The subject site is in an area of the County wherein properties are potential receiving areas for up to two TDR s per acre. The Unified Land Development Code further restricts the maximum TDR density bonus in the LR-1 designation so as not to exceed 100 percent of the standard or maximum density, exclusive of any other density bonus allowed on the subject site. Since this site s permitted density based on its LR-1 designation is less than 10 units, this site would not be eligible for additional bonus density through the Workforce Housing program. However, with the application of TDR s and based on further restrictions in the ULDC, the subject site has the ability to request an additional 9 TDR units for a total of 18 units (9 per LR-1 FLU + 9 TDRs). Given that this site has previously had a 10-c FLUA Amendment Staff Report 81 Legend Lakes Center (SCA )

7 development order approved for 9 units and that this site is a potential receiving area for TDR s, the LR-1 designation is not inappropriate. The residual parcel policy was adopted into the Comprehensive Plan in 1997 and revised in This language can only be applied to proposed Planned Unit Developments and proposed FLUA amendments (See Policy and analysis below). There is no basis for applying the policy retroactively to a residential development approved in Furthermore, if applied retroactively, based on the applicant s statements, the parcel adjacent to the subject site to the north would then be considered a residual parcel also as it is part of the same tract (Tract 22) as the subject site. This subdivision of the parent tract occurred roughly between 1973 and 1981, roughly the same time Legend Lakes Estates received approval. The applicant would then be setting up a situation that would be inconsistent with the Residual Parcel and Piecemeal Policies below. However this is not the case as the residual parcel policy cannot be applied retroactively and therefore the policy is not applicable. Cost is not adequate justification and does not demonstrate that the current FLU is inappropriate. There is no basis that there is unanticipated residential growth in the area and although there have been unanticipated commercial amendments, they do not demonstrate that the current FLU on this site is inappropriate. The area immediately surrounding the subject site remains predominantly residential; thus the fundamental character of this area has not changed. Further, although recent changes to the commercial location criteria in the Comprehensive Plan provide for locating commercial, in general, this fact does not demonstrate that there is adequate justification for commercial on this specific site. 2. County Directions Policy 2.1-g (FLUE): The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County. Staff Analysis: The proposed amendment would not conflict with any of the County directions. Thus, there are no policy issues regarding the County Directions with regards to this amendment. 3. Piecemeal Development - Policy 2.1-h (FLUE): 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. PIECEMEAL DEVELOPMENT (Definitions, I&A Element) - This describes a situation where small portions of a larger, undeveloped property is developed in a sequential manner, such that land use decisions are being made for individual sub-areas of the original parent tract independent from the whole. A situation where land, under single ownership or significant legal or equitable interest (by a person as defined in Section [4] F.S. and Rule 9J F.AC), is developed on an incremental basis, or one piece at a time, with no coordination or overall planning for the site as a whole. Residual Parcel - Policy 2.1-i (FLUE) (formerly c): - As a means of promoting appropriate land development patterns the County shall discourage the creation of residual parcels within or adjacent to a proposed development. If such a situation is identified, and the residual parcels cannot be eliminated, then the development shall be designed to allow for inter-connectivity with the residual parcels through various techniques including, but not limited to, landscaping and pedestrian and vehicular access. In addition, the future land use designation and/or zoning district of the residual parcel shall also be considered by the Board of County Commissioners, concurrently with the development, to ensure that an incompatibility is not created. RESIDUAL PARCEL (Definitions, I&A Element) - A property under the same or related ownership that has been left out of a development area, resulting in a 10-c FLUA Amendment Staff Report 82 Legend Lakes Center (SCA )

8 parcel which has limited development options and connections to surrounding properties. Staff Analysis: Although there is 4.59 acre vacant parcel adjacent to the north that is a portion of the same tract as the subject site, and therefore could lead to land use decisions being made for individual subareas, the parcels have been under separate ownership since prior to adoption of the 89 plan, and are therefore not under single ownership or equitable interest. Therefore, this proposed amendment would not encourage piecemeal development or create a residual parcel as defined in the Introduction and Administration Element of the Comprehensive Plan. 4. Strip Commercial - 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. Staff Analysis: The proposed amendment does not exhibit the characteristics of strip commercial development as defined in the Plan, and would not result in or encourage the proliferation of strip commercial development. 5. Underlying Density - Policy 2.1-e: The Future Land Use Atlas may depict underlying residential densities or alternative designations as provided below. The County may initiate a land use amendment to remove the non-utilized future land use designation after the property is developed. 1. The Future Land Use Atlas may depict residential or industrial underlying/alternative land uses for properties designated Commercial or Commercial Recreation. The alternative use will permit development provided maximum allowable densities or intensities are not exceeded. (text regarding other FLU's omitted for brevity) Staff Analysis: The application is not requesting to retain the current residential land use designation of LR 1 as an underlying residential density. Therefore there are no policy implications regarding the above policy. 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.. 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: Commercial Low, High Office, or High future land use designations shall have frontage on built roadway segments identified as an arterial road and a collector road, or two arterial roads. 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.; or 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: Since this site is along an arterial, this proposed amendment is consistent with this policy under the Flexible Location requirement in that the property is eligible to be considered for a Commercial Low-Office designation. However, consistency with this policy is not the sole determining factor for a proposed amendment. C. Compatibility Compatibility is defined in Rule 9J-5.003, FAC, as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. The applicant has provided a detailed land use 10-c FLUA Amendment Staff Report 83 Legend Lakes Center (SCA )

9 analysis (see Exhibit 2) regarding the compatibility, suitability, functional relationship and land use combinations. Immediately abutting the site are the following: o o o North: To the north is a vacant 4.59 acre parcel with an LR-1 FLU designation. This property was rezoned to the Residential Estate Zoning district in 1981 (Resolution R ). To the north of the vacant parcel is Legend Lakes Estates, a 1974 approval, which also has an LR-1 FLU designation and is developed with single family homes at a gross density of 0.6 units per acre. Legend Lakes Estates is currently built out. East: To the east is again Legend Lakes Estates with an LR-1 FLU South: To the south is a LWDD canal and also Legend Lakes Estates. However this part is developed at a gross density of 0.8 units per acre. o West: To the west is the Lake Worth Drainage District E-1 canal and State Road 7. Across SR-7 is the Wycliffe Country Club, a single family residential development with an LR-2 FLU. FLUE Policy 2.1-f states that the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity. And FLUE Policy b states that Areas designated for Residential use shall be protected from encroachment of incompatible future land uses and regulations shall be maintain to protect residential areas from adverse impacts of adjacent land uses. Non-residential future land uses shall be permitted only when compatible with residential areas, and when the use furthers the Goals, Objectives, and Policies of the Plan. Staff Analysis: The Commercial Low Office designation has often been located in the County as a transitional designation between higher intensity non residential land use and residential areas. Although, there are no higher intensity uses to transition from, Commercial Low Office land uses are generally low intensity and generally do not conflict with adjacent residential uses such as those surrounding the subject site, provided that the minimum landscaping, buffering, and setback regulations within the ULDC are met. Therefore, the proposed amendment is consistent with this Policy. D. Consistency with County Overlays, Plans, and Studies 1. Overlays FLUE Policy 2.1-k states Palm Beach County shall utilize a series of overlays to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series. Staff Analysis: The proposed amendment is not located within an overlay. 2. Neighborhood Plans and Studies FLUE Policy 4.1-c states The County shall consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval The proposed amendment is located within the boundaries of the West Lake Worth Road Neighborhood Plan that was recently completed and accepted by the Board of County Commissioners in the fall of last year. The intent of the Plan is to provide elected officials, policy makers and County staff a comprehensive guide for decision making, to inform them of the future development goals and vision of the people who live and work in the West Lake Worth Corridor, and to maintain a strategic plan that educates as well as reflects the needs, concerns, and aspirations of the West Lake Worth community. The Neighborhood Plan was accepted by resolution on November 19, 2009 as recognition of the document articulating the desires and consensus of the community. Staff Analysis: The subject site is identified on the Master Plan of the Neighborhood Plan as having a maximum future development potential of 3 residential dwelling units per acre. As such, the proposed amendment is not consistent with the Neighborhood Plan. E. Public Facilities and Services Impacts The proposed amendment would change the development potential on the site from 9 dwelling units to 140,568 square feet of commercial. For the purposes of the public facilities impact 10-c FLUA Amendment Staff Report 84 Legend Lakes Center (SCA )

10 analysis, the maximum intensity is based on a maximum.35 floor area ratio (FAR) as listed in the Future Land Use Element, TABLE III.C.2. The maximum non-residential development potential was based on a maximum of 140,568 square feet of commercial office uses. A.35 FAR would in fact yield a slightly higher maximum square footage at 140,720 square feet based on the survey acreage of the property, 9.23 acres. However, the applicant s traffic analysis was based on 9.22 acres which yields a maximum of 140,568 square feet. The applicant did not elect to submit a revised traffic analysis for the maximum potential. If the proposed amendment is adopted, a condition would be required limiting the maximum square footage to 140,568 (see Policy 3.5-d below). Public facilities impacts are detailed in the table in Exhibit 4. 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: Sheriff (PBSO), Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), Airport, School Board, Library, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District. 2. Long Range Traffic - Policy 3.5-d - Staff Analysis: The Palm Beach County Traffic Division reviewed this amendment as a proposed increase from 9 residential units total to a total of 140,568 square feet of medical office, which would result in an increase of 4,571 net daily trips. In the 1/26/10 traffic review letter, the PBC Traffic Division has determined that the project meets Policy 3.5-d of the Land Use Element of the PBC Comprehensive Plan for the maximum potential of 140,568 sf of medical office development or equivalent trip generating uses permitted in the FLU/Zoning district. The Traffic Study was prepared by Land Design South. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC webpage at: F. Florida Statutes (FS) and Florida Administrative Code (FAC): The following three items are required for consistency with the FS and the FAC. Other required analysis is discussed throughout this report. 1. Data and Analysis Applicable to FS and FAC Demonstration of Need: Section (6)(a), Florida Statutes, as implemented by Rule 9J-5.006(2), Land Use Analysis Requirements, require that local governments future land use plans be based on a number of factors, including population projections, the character of undeveloped land, availability of public services, and other planning objectives. The DCA is currently developing a new rule to provide guidance to local governments on determining need and have indicated at several presentations that need may be based on various factors including numerical data (such as land absorption rates, changed projections, etc.), a change in local conditions that were considered at the time of the Plan s adoption, or due to furthering a policy objective within the local Comprehensive Plan. The FLUA amendment application requires that the applicant provide data and analysis to support the amendment with regards to Statutory needs requirements. Applicant Analysis: The application included a broad situational analysis of the significance of the location of the proposed land use designation that would contribute to the area and provide neighborhood serving non-residential uses. Specifically, the application addresses the location of the subject site as an important contributor to the area due to the proximity of the subject site to a major arterial, the compatibility and impact to the surrounding land uses, its ability to meet commercial demand and the generation of employment opportunities. The applicant further states the following: While a land use imbalance does not appear to exist within a 3 mile radius of the subject site, imbalance factors exist which should be taken into consideration. The area located along Lake Worth Road, west of Jog Road is dominated by residential development. This area has very little non-residential development designed to provide day-to-day goods and services and employment opportunities for residents. 10-c FLUA Amendment Staff Report 85 Legend Lakes Center (SCA )

11 The location of the proposed development will create a functional and interactive relationship among the residential developments within this area. Will promote energy-efficient land use patterns, energy conservation and greenhouse gas reduction by providing a neighborhood center, where residents are able to live, shop, eat and work without traveling great distances. The applicant also provided numerical data (Quantitative Analysis) regarding the existing commercial office supply and population demand within a 3 and 5 mile radius and using a conservative 9 square feet per person multiplier established in the Western Northlake Corridor Land Use Study. The data included an inventory of built office parcels with a commercial future land use designation, as summarized in the table below. Office Demand- within three (3) mile of subject site OFFICE DEMAND BASED EXISTING OFFICE POPULATION OFFICE SUPPLY YEAR ON POPULATION* DEMAND ,806 persons 466,254 square feet 332,978 square feet 133,276 square feet ,794 persons 502,146 square feet 332,978 square feet 169,168 square feet ,478 persons 526,302 square feet 332,978 square feet 193,324 square feet *Office Demand Multiplier is 9 sq. ft. / person as determined by Palm Beach County in the Western Northlake Corridor Land Use Study Update The applicant s data indicates that there is a total of 332,978 square feet of built office within commercial future land use designations within 3 miles, including at the Wellington Regional Medical Center and the Wellington Green Mall. The applicant identified a population of 51,806 for the Traffic Analysis Zones (TAZs) within 3 miles of the site. The applicant used the 9 square foot per capita office demand multiplier to compare the built office supply to the demand generated by the current population. As identified in the table above, the applicant determined that there is an existing unmet demand 133,276 s.f. based on a 9 sf/pc multiplier for office used in the Western Northlake Corridor Land Use Study Update (WNCLUS). The applicant utilized the same methodology for 2015 and 2025, and determined that in 2025 there would be an unmet demand 193,324 s.f. within 3 miles. The applicant concluded that this data indicated a shortfall in commercial office space within the 3 miles, and that the proposed amendment would help meet this current and future unmet demand. Staff Analysis: Staff examined the data provided by the applicant and has made corrections to the population data and the supply. In addition, although the applicant provided data for both a 3 mile and 5 mile radius, staff focused on the 3 mile analysis since this radius is sufficient for this amendment of this size. Staff corrected the population data by selecting the appropriate TAZs within 3 miles of the site utilizing GIS. The applicant had selected incorrect TAZs. Regarding the supply, staff verified each of the built developments identified in the inventory. The applicant s data was missing 28,180 square feet of built office and 27,770 s.f. of unbuilt office on the South Road MUPD site on SR7. In addition, the data omitted a small 1.39 acre parcel on Lake Worth Road which can be developed with approximately 13,320 sf of office (at a.22 FAR). The table below reflects the corrected figures. Applicant s Corrected Data Year Population 9 sf per person Supply Supply vs. Demand , , ,158 81,477 Planned 7,769 69,925 41, , , ,248 82,132 As shown above, corrected data using the applicant s 9 sf/pp multiplier methodology indicates that there is currently an unmet demand for office space of 81,477 sf in 2010 and there will be an unmet demand of 82,132 sf in However, the 9 square foot multiplier was unique to the WNCLUS and is not a formally accepted multiplier for all areas in the County. The WNCLUS was a multi-jurisdictional effort to examine the need for commercial and office uses in the Western Communities along Northlake Boulevard. The 9 square foot multiplier was determined to be appropriate for that planning effort due to the specific conditions and characteristics of the study area. The existing multiplier in this area currently can be determined by dividing the built supply (361,158 sf) by the existing population (46,051). This indicates an existing multiplier of just under 8 sf per person. Whether using the 9 sf or the 8 sf, the data indicates that there may be an 10-c FLUA Amendment Staff Report 86 Legend Lakes Center (SCA )

12 unmet demand for additional office square footage in this area in the future. However, neither of these multipliers have been endorsed by the County as acceptable multipliers. In addition, this data does not take into account the following: There is an extensive amount of built and vacant land with Commercial High and Commercial Low designations within 3 miles of the site. Not including the commercial amendment at Lake Worth and Lyons Road in Amendment Round 10-1 (19.17 acres), there is currently approximately 154 acres of vacant Commercial High and Low land within 3 miles. The supply does not take into account the Gulfstream Polo MLU amendment s 17 acres of Commercial Low Office (273,208 sf) transmitted by the BCC in Amendment Round In conclusion, although there may be adequate commercial general type of land available in this area, the applicant s corrected data indicates that additional commercial office only development in this area would not be in excess of need. However, if the transmitted Gulfstream Polo MLU amendment of 273,208 square feet is considered, the proposed amendment would be in excess of need using the applicant s methodology. 2. Data and Analysis Applicable to FS and FAC Urban Sprawl Rule: The proposed amendment is not considered sprawl as it is within the Urban/Suburban Tier and within the Urban Service Area Boundary and provides a full array of urban level of services and public facilities. This tier is also the target of the County's redevelopment and revitalizations strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed used development concepts, transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl. VI. Public and Municipal Review A. Intergovernmental Coordination: Notification of this amendment was sent to the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for review on April 20, To date, no objections through the IPARC process to this amendment have been received. In addition, a municipal notice was sent to the City of Greenacres and the Village of Wellington on April 26, As of the writing of this report, neither City had provided comments. B. Other Notice: Public notice by letter was mailed to the owners of properties within 500' of the perimeter of the site on April 26, In addition, several interested parties were notified by mail, on April 26, 2010 which includes the following residential communities/developments in the area: Lake Worth Road Coalition, Lakes of Sherbrooke, Summer Chase, Cypress Woods, Cypress Trails, Cypress Lake Estates, Silver Glen at Citrus Isles, Woods Walk, Legend Lake Estates, and Cedar Creek. One additional interested party was notified, Wycliffe Community Association, on May 7, To date, 1 letter of support (Legend Lakes Estates HOA) and 1 letter not objecting (Lake Worth Road Coalition) have been received in regard to the proposed amendment (letters received are added to the Exhibits). In addition, five phone calls have been received to date. Since the proposed amendment was postponed from the May 14, 2010 LPA hearing to the June 25, 2010 LPA hearing, public notice by letter was again mailed to the owners of properties within 500' of the perimeter of the site on June 2, VII. Staff Conclusions and Recommendation As demonstrated in this report, the proposed change from Low Residential 1 to Commercial Low-Office on this site could be compatible with surrounding uses and would meet all relevant level of service standards. The data presented does not indicate the amendment would result in an oversupply or over allocation of commercial office in this area in excess of need if the transmitted Gulfstream Polo amendment s 273,208 square feet is not taken into consideration. However, the applicant has not justified a change in land use to commercial office and has not demonstrated that the current LR-1 FLU is inappropriate, particularly given that the site has the potential to be developed with additional density through the TDR Program. As such, staff recommends denial of the applicant s request. 10-c FLUA Amendment Staff Report 87 Legend Lakes Center (SCA )

13 Exhibits 1. Future Land Use Map & Legal Description E-1 2. Applicant s Justification Statement/Demonstration of Need/ Consistency with the Comprehensive Plan and Florida Statutes 3. Applicant s Demonstration of Need-Quantitative Analysis E Applicant s Public Facility Impacts Table & CIE Adoption Date E Palm Beach County Traffic Division Letter E Applicant s Traffic Study (available to the LPA/BCC upon request) E Water & Wastewater Provider LOS Letter E Applicant s Disclosure of Ownership Interests E-32 Page 9. Correspondence E-40 E-3 10-c FLUA Amendment Staff Report 88 Legend Lakes Center (SCA )

14 Future Land Use Map (Exhibit 1) Amendment No.: Legend Lakes Center (SCA ) FLUA Page No.: 76 Amendment: LR-1 to CL-O Property No.: Size: Location: 9.23 acres East side of State Road 7, 0.42 mile south of Lake Worth Road Conditions: 10-c FLUA Amendment Staff Report E-89 Legend Lakes Center (SCA ) Page 89

15 Legal Description THE SOUTH 2/3 OF TRACT 22, BLOCK 27 PALM BEACH FARMS COPANY PLAT NO. 3, ACCORDING TO THE PLAT THEROF, AS RECORDED IN PLAT BOOK 2, PAGES OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING ACRES 10-c FLUA Amendment Staff Report E-90 Legend Lakes Center (SCA ) Page 90

16 Exhibit 2 Applicant s Justification Statement/Demonstration of Need/ Consistency with the Comprehensive Plan and Florida Statutes I. INTRODUCTION Land Design South of Florida, Inc (LDS) has been retained to prepare the Justification Statement for the proposed Future Land Use Atlas (FLUA) amendment on land located south of Lake Worth Road, just east of State Road 441, known as the Legend Lakes Center property ( subject property ). The proposed FLUA amendment is to modify the current Low Residential one (1) unit per acre (LR-1) Future Land Use designation to Commercial Low Office (CL-O) Future Land Use designation. Currently, the subject site consists of vacant land and is controlled by the following owner: Haitham Hussein. The Legend Lakes Center property consists of approximately 9.22-acres in total area and is located within the Urban/Suburban Tier of Palm Beach County. The proposed FLUA amendment is to modify the existing Low Residential one (1) unit per acre Future Land Use Designation to Commercial Low Office (CL-O) Land Use designation. The Applicant s request to amend the Land Use designation on the site is a result of the location of the subject property along a major transportation network and close proximity to a large residential population, which establishes an opportunity to introduce services that are compatible with and will serve the surrounding community. As such, the proposed amendment to modify the existing LR-1 Land Use designation to CL-O will allow the site to be developed more efficiently, will promote balanced growth, is more conductive to the uses surrounding the subject property and will allow the site to be developed with neighborhood-serving uses. The following justification statement addresses the inappropriateness of the existing LR-1 FLUA at this location, consistency with the County Comprehensive Plan and State Statutes, and demonstrates the need and suitability of the requested Land Use designation, as required by the FLUA amendment application. II. JUSTIFICATION FOR LAND USE AMENDMENT The proposed future land use amendment is requested due to changed assumptions that have occurred since the adoption of the 1989 Palm Beach County Comprehensive Plan. These assumptions relate to the changes that have altered the character of the area, resulting in the existing FLUA designation being no longer appropriate. The character of the area surrounding the proposed amendment has clearly changed beyond what was anticipated at the time of adoption of the Comprehensive Plan. The existing LR-1 land use is one that encouraged low density, sprawling communities that result in the inefficient and unsustainable use of land. Since the adoption of the Comprehensive Plan, a need has emerged in the locality of the subject site for non-residential uses that were not recognized by the designation of the site as LR-1. The extensive urban sprawl through low density residential development that occurred throughout Palm Beach County since the adoption of the Comprehensive Plan has given rise to the increased importance of promoting higher intensity development in existing urban areas, which has resulted in the existing low density Land Use designation being no longer appropriate. The nonresidential CL-O Land Use designation will promote efficient and sustainable use of land, utilize existing infrastructure and encourage development of a range of housing types and affordabilities to meet the needs of the community. The failure of the site to develop under its existing FLU designation reflects the inappropriateness of the existing designation. As evident by the existing vacancy on the site, the subject property has failed to 10-c FLUA Amendment Staff Report E-91 Legend Lakes Center (SCA ) Page 91

17 develop under the existing LR-1 designation since the Comprehensive Plan was adopted in 1989, further demonstrating that the existing land use designation is not appropriate for a viable development on the subject property. Thus, the vacancy of the site demonstrates that the community no longer desires and the market no longer supports low density residential development in this location. The inappropriateness of the existing low residential designation is further demonstrated by the development trends of similar properties along State Road 7. Since the adoption of the Comprehensive Plan in 1989 (31 years ago), no properties under 10-acres and with sole access onto State Road 441 were developed as residential communities from Southern Boulevard to Hypoluxo Road. All properties with similar characteristics as the subject property have been developed with non-residential uses, such as institutional, office or commercial uses. As a result of the appraisal of the developments with similar character as the subject property, leads to the conclusion that a residential designation along State Road 7 is neither desirable nor appropriate. The subject property is a residual parcel created by the development of the Legend Lakes Estates community, which has contributed to the inappropriateness of the existing LR-1 designation. The location of the subject property, with frontage along State Road 441 and surrounded by the Legend Lakes Estates community, makes it evident that the subject property is a residual parcel of the Legend Lakes Estates community. As stated in Policy 2.1-i of the County Comprehensive Plan, residual parcels are strongly discouraged and if a residual parcel is created, then the development shall be designed to allow for interconnectivity to the adjacent development. During the development of the Legend Lakes Estates subdivision, there were no provisions made to provide access or services to the subject property, as intended by the Comprehensive Plan; in fact during the development of the Legend Lakes Estates development, the subject property was excluded allowing the only available access point to the site from State Road 441. [Please note that the Legend Lakes Estates subdivision did however provide interconnectivity to the two residential homes located to the north of the subject property, just south of the MUPD.] As a result of the lack of interconnectivity with the Legend Lakes Estates community, it is financially unfeasible to develop the site under the existing low residential designation. The cost to install the required utilities on the site, as well as the cost associated with the construction of the bridge required for access onto the site from State Road 441, results in the subject property being financially unfeasible to be developed under the existing LR-1 Land Use designation, as the limited amount of units attainable under the existing designation is so few that it does not allow for a viable development on the site. The residuality of the subject property cannot be reconciled, as it is not possible to have interconnectivity of the subject property with the Legend Lakes Estates community. The LR-1 designation was appropriate for the subject property prior to the development of the Legend Lakes Estates subdivision, however due to the creation of the residual parcel as a result of the development of Legend Lakes Estates, the existing LR-1 designation is no longer appropriate, as the development potential of the site is severely limited due to the site being a residual parcel of the Legend Lakes Estates community. In addition to the limitations for development of the subject property resulting from the site being a residual parcel, the size and location of the subject property further limit the development potential of the subject property under the existing LR-1 Land Use designation, which has largely contributed to the existing vacancy of the site and has resulted in the existing Land Use designation being no longer appropriate. The subject property is located along State Road 441, a major north-south thoroughfare, just south of Lake Worth Road which has resulted in the existing Land Use designation being no longer appropriate, as low density residential development is not feasible in such close proximity to a major transportation network. In addition to the location of the subject property, the size of the site, less then 10-acres, has contributed in the inability of the site to develop under the existing Land Use designation. The County s requirements for buffers and open space for residential developments severely reduces the attainable density on the site, which has contributed to the inappropriateness of the existing low density 10-c FLUA Amendment Staff Report E-92 Legend Lakes Center (SCA ) Page 92