A. Application Summary. Assessment & Conclusion FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT SMALL SCALE AMENDMENT

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1 Agenda Item: III.A.1 FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT SMALL SCALE AMENDMENT PLANNING COMMISSION PUBLIC HEARING, JUNE 29, 2018 A. Application Summary I. General Project Name: Banyan Cove (SCA ) Request: Acres: Location: Project Manager: Applicant: Owner: Agent: Staff Recommendation: MR-5 to HR acres East side of Barwick Road, 0.55 miles north of Lake Ida Road Michael Howe, Senior Planner Andrew V. Podray Andrew V. Podray Miller Land Planning, Inc. Staff recommends denial based upon the findings and conclusions contained within this report. II. Assessment & Conclusion The applicant is proposing an amendment from Medium Residential, 5 units per acre (MR-5) to High Residential, 8 units per acre (HR-8), from 33 units to 53 units. However, the proposed amendment does not meet all relevant policies in the Comprehensive Plan. Future Land Use Element Policy 2.4-b requires that density increases be accomplished through the use of TDRs, unless an applicant can justify and demonstrate a need for an amendment and demonstrate that the current FLUA designation is inappropriate, uses the workforce or affordable housing programs, or proposes density up to, but not exceeding, density proposed and supported by the master plan of a neighborhood plan formally received by the BCC. The proposed amendment is inconsistent with Policy 2.4 since the site can achieve the 8 units per acre using TDRs and the WHP density bonus with PUD Zoning. The PUD example meets the Comprehensive Plan requirements for increasing density by using the TDR and WHP to achieve the same 53 units. 18-SCA FLUA Amendment Staff Report 1 Banyan Cove (SCA )

2 III. Hearing History Local Planning Agency: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\18-SCA\SiteSpecific\18-04 Banyan Cove\Reports\III-A-1_SCA_BanyanCove_rpt-PLC.docx 18-SCA FLUA Amendment Staff Report 2 Banyan Cove (SCA )

3 18-SCA FLUA Amendment Staff Report 3 Banyan Cove (SCA )

4 B. Petition Summary I. General Data Project Name: Banyan Cove (SCA ) 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: MR-5 to HR acres East side of Barwick Road, 0.55 miles north of Lake Ida Road Michael Howe, Senior Planner Andrew V. Podray Andrew V. Podray Miller Land Planning, Inc. Current Future Land Use Medium Residential, 5 units per acre (MR-5) Single Family Agricultural Residential (AR) and Residential High (RH) Residential, up to 33 dwelling units (not including Workforce Housing density bonus or Transfer of Development Rights units) Proposed Future Land Use Change High Residential, 8 units per acre (HR-8) Residential Medium (RM) Residential, up to 53 dwelling units (no Workforce Housing density bonus or Transfer of Development Rights units requested) General Area Information for Site Tier/Tier Change: Urban Suburban Tier - No Change Utility Service: Delray Beach Utilities Overlay/Study: None Annexation Area: City of Delray Beach Comm. District: Steve L. Abrams, District 4 18-SCA FLUA Amendment Staff Report 4 Banyan Cove (SCA )

5 C. Introduction I. Intent of the Amendment The amendment is proposed to change the future land use designation of the 6.68-acre site from Medium Residential, 5 units per acre (MR-5) to High Residential, 8 units per acre (HR-8). The amendment will change the development potential based on the FLU designation on the site from 33 units to 53 units. The applicant is not requesting to use the County s Workforce Housing Program (WHP) optional density bonus or Transfer of Development Rights (TDR) Programs to further increase the density of the project. A concurrent zoning application (Z/CA ) to rezone the property from Agricultural Residential (AR) and Residential High (RH) Zoning to Multifamily Residential (RM) is in process. The zoning application s conceptual site plan is for 53 townhome units in 10 two-story buildings. II. Background/History The 6.68-acre site includes three parcels and is located in the Urban Suburban Tier, on the east side of Barwick Road approximately 0.55 miles north of Lake Ida Road. The site currently has a 1-story single-family home on the northern most parcel and the other parcels are vacant. The property has approximately feet of frontage along Barwick Road and has feet of depth, with Banyan Creek Elementary School immediately abutting to the east. An initial future land use (FLU) amendment application (from MR-5 to HR-8) was submitted in This included a request to increase density by using the TDR and WHP density bonus through a Class A Conditional use application to a requested total of 102 units. That FLU application was subsequently abandoned. Overview of the Area The site is within a pocket of unincorporated Palm Beach County properties adjacent or near properties that are within the City of Delray Beach and the City of Boynton Beach. The property is encircled by existing residential uses along with the public school adjacent to the east. The area immediately adjacent to the site also has a mix of residential housing types including singlefamily homes, duplexes, townhomes and zero-lot-line homes. Immediately north is the LWDD L-30 Canal followed by an existing single-family residence and place of worship (located within unincorporated Palm Beach County) with an LR-3 FLU. Further north is a condominium development known as Hunters Run (located within the City of Boynton Beach). To the south of the Subject Site is single-family residential with an MR-5 FLU. Further south is Sable Lakes Drive ROW and the Sable Lakes Community of zero-lot-line homes in the City of Delray Beach. Adjacent to the east in the City of Delray Beach is Banyan Creek Elementary School with a City designation of Community Facilities (CF) and Open Space (OS) designations. 18-SCA FLUA Amendment Staff Report 5 Banyan Cove (SCA )

6 To the west, across Barwick Road, is single-family residential known as Golf Club Estates located within unincorporated Palm Beach County with the MR-5 FLU, and Bexley Park, single-family and multi-family development located within the City of Delray Beach with The City designation of Low Density Residential (LD) developed at approximately 5 units per acre. Annexation History This site and other surrounding unincorporated properties are located within the future annexation area of the City of Delray Beach. There is a history of attempted annexation of these properties. The following is a brief description of those attempts : The site could not develop in unincorporated County unless it received water and sewer from the City. At that time, the City required the property be within the city limits prior to service provision. The annexation of these parcels would have created an unincorporated enclave (the neighborhood to the south/west) inconsistent with State Statutes regarding annexation : The City and the County entered into negotiations for an Interlocal Service Boundary Agreement for a larger area. After a year-long negotiation process the City withdrew from the negotiation process due to vehement opposition from nearly 100% of the property owners of the area due to the high density residential allowed with the City land use code (MD, Medium Density 5-12 du/acre) higher taxes and water service extension. The agreement and future annexation of the entire unincorporated pocket could not move forward. 2017: The City agreed to provide the services to the subject site if the development is limited to residential. The City prefers single-family development consistent with surrounding residential housing types. In order for the property to develop a rezoning is required and when that application is submitted it will undergo a review by both County and City staff to ensure the City s water/sewer requirements are met. This is one of the Conditions that the City agreed to in order to extend services along Barwick Road 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) 18-SCA FLUA Amendment Staff Report 6 Banyan Cove (SCA )

7 2. The availability of facilities and services; (see Public Facilities Section) 3. The adjacent and surrounding development; (see Compatibility Section) 4. The future land use balance; 5. The prevention of prevention of urban sprawl as defined by (51), F.S.; (see Consistency with Florida Statutes) 6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and (see Neighborhood Plans and Overlays Section) 7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. (see Public and Municipal Review Section) The applicant has prepared a Justification Statement (Exhibit 2) which proposes that the amendment is justified on the basis changed circumstances and inappropriateness of the adopted FLU. The applicant's justification is summarized as follows: The area has seen a shift in development patterns from lower to higher density residential. Although the gross density of the Bexley Park development (on the west side of Barwick Road) is similar to the existing MR-5 FLU of the site, the net density and housing types within the northern portion of the project are more intense with multifamily residential. This property is not suitable for single-family homes with driveways from Barwick Road and school children playing next to back yards. The site s current zoning designations are Residential High (RH), and Agricultural Residential (AR). The RH zoning is no longer applicable by current ULDC Code standards. The intent of the RH zoning was to allow for multi-family development. Article 4.B.1.C.3.d.2 of the current code requires RH zoned property to either be rezoned or follow the development regulations of the Residential Medium (RM) zoning district of the current code. The current code restricts multi-family development under a MR-5 land use unless already zoned RM or RH prior to the Plan s August 31, 1989 adoption. Using the TDR and/or WFH bonus programs does not address the restriction of multi-family residential use within the MR-5 land use designation. 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 6.68 acre subject site currently has a Medium Residential, 5 units per acre, (MR-5) future land use designation and can be developed with residential uses at a density of 5 units per acre (33 units) under the future land use designation, or can pursue additional density through the County s WHP and/or TDRs. The applicant proposes to change the future land use designation to High Residential, 8 units per acre (HR-8) for up to 53 units. The applicant does not intend to pursue additional density by using the Transfer of Development Rights (TDR) and Workforce Housing Program (WHP). The factors identified by the applicant do not demonstrate that the current future land use designation (MR-5) is inappropriate, or that the requested future land use designation (HR- 8) is warranted or justified. The property currently has two Zoning designations Agricultural Residential (AR) on approximately 3.13 acres and Residential High (RH) on approximately 3.54 acres. The RH designation is no longer in the current code. Also, Article 3.A.3.B., Table 3.A.3.B Future Land Use (FLU) Designation and Corresponding Standard Zoning Districts, 18-SCA FLUA Amendment Staff Report 7 Banyan Cove (SCA )

8 indicates that property with the MR-5 land use designation cannot rezone to RM. The applicant only points out that the MR-5 land use has limitations for multi-family residential with the RM Zoning. The RM Zoning allows multi-family residential with the HR-8 land use that s being requested with this amendment. Other Zoning options are not discussed. Planned Unit Development (PUD) Zoning allows multi-family residential with the MR-5 land use. The applicant is proposing an amendment to HR-8, 8 units per acre for 53 units. The current future land use designation allows 5 units per acre (MR-5) for a total of 33 units. The site can achieve the 8 units per acre using TDRs and the WHP density bonus with PUD Zoning. The PUD example meets the Comprehensive Plan requirements (FLUE Policy 2.4-b) for increasing density by using the TDR and WHP and also achieves the 53 units. Therefore, the applicant has not 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. Direction 7. Housing Opportunity. Ensure that housing opportunities are compatible with the County's economic opportunities by providing an adequate distribution of verylow and low-income housing, Countywide, through the Workforce Housing Program. Staff Analysis: Development on this site would be considered infill given surrounding County future land uses of MR-5 and City residential uses developed at similar density located immediately abutting the site. Increases in density within the Tier do make efficient use of facilities and services. 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 is a request to jump one category 18-SCA FLUA Amendment Staff Report 8 Banyan Cove (SCA )

9 of residential land use designation to achieve the same 53 units without the use of the TDR program or WHP density bonus. Therefore, the proposed amendment is not consistent with the Growth Management Direction. 3. Piecemeal Development - Policy 2.1-h: The County shall not approve site specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels. Staff Analysis: The definition of piecemeal development in the Comprehensive Plan describes A situation where land, under single ownership or significant legal or equitable interest (by a person as defined in Section [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 three parcels that all owned by the applicant, who proposes to develop the 6.68 acres as 53 multi-family residential units. 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 proposed development at 8 units per acre, to be developed as 2- story townhomes, is compatible next to the Banyan Creek Elementary School to the east, the MR-5 residential properties to the south and across Barwick Road to the west, and with the Bexley Park residential in the City of Delray Beach, developed at nearly 5 units per acre, also to the west. 1. 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: 18-SCA FLUA Amendment Staff Report 9 Banyan Cove (SCA )

10 1. The Workforce Housing Program will target households with incomes ranging from 60%-140% of area median income. 2. The Affordable Housing Program will target households at or below 60% of area median income. The Workforce Housing Program and Affordable Housing Program units shall be made available at a rate affordable to the specified income groups, and only to income-eligible households for a period of time to be set forth in the Unified Land Development Code (ULDC). All Workforce Housing Program and Affordable Housing Program criteria shall be subject to the review and approval of the Board of County Commissioners. Workforce Housing Mandatory Obligation: The County requires what is called a mandatory obligation of workforce units within residential developments in the Urban/Suburban Tier for projects proposing ten or more dwelling units exclusive of any bonus density. This obligation requires a percentage of dwelling units to be provided as for-sale or rental workforce housing, affordable to households having 60% to 140% of area median income (2017 Area Median Income in Palm Beach County is $67,900 for a family of four). The table below identifies the mandatory obligation of workforce housing units if the site were developed today with 5 units per acre or 8 units per acre (without density bonus). Table 1. Current and Proposed Future Land Use Units Acres FLU FLU Density FLU Units Workforce* Units % Current 6.68 MR-5 5 du/ac % Proposed 6.68 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. Workforce Housing Density Bonus: The County s Workforce Housing Program (WHP) also allows density increased without a future land use amendment through the WHP Bonus Density option. This option allows a density bonus in exchange for a larger percentage of units dedicated as workforce housing. As part of the previous FLU application that was subsequently withdrawn the Planning Division issued a Workforce Housing Pre-Application Sufficiency Notice letter, dated November 29, 2017, to the applicant which indicated the bonus density available is limited to maximum of 45%. The letter also indicated that 20 TDR units were available to the property. Staff Analysis: Increasing the future land use designation from 5 to 8 units per acre does slightly increase the percentage of workforce housing units, and will increase the total figure from 2 units to 4 required workforce housing units. As shown in Table 3 below, although this amendment proposes to increase the allowable density on the site, the amendment would result in 2 additional workforce housing units. If the site was developed with the current MR-5 designation, and 5 TDRs and 15 WHP bonus units to achieve the same 53 unit total, 9 required workforce housing units would be required (17% of all units). This amendment reduces the percentage of workforce housing units to 7.5%. The 18-SCA FLUA Amendment Staff Report 10 Banyan Cove (SCA )

11 proposed amendment is not contributing as much to furthering the provision of workforce units. 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 FLU 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 FLU 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. 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. The current prices for both pricing structures are provided in Table 2 below. Table 2. 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 (Note: March, 2018 prices not released as of initial publication of this report on April 6, 2018) 18-SCA FLUA Amendment Staff Report 11 Banyan Cove (SCA )

12 Current and Potential Bonus Density: As previously stated, the County s optional 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 Table 3 below provides a comparison of the density available on the subject site through the TDR and WHP Programs. The Table identifies the Future Land Use Units from the Table 1, and identifies the maximum allowable units using a combination of the TDR and WHP bonus programs to increase density. The table also indicates that the theoretical TDR range of the potential density that could be approved on the subject site and the price range which would vary depending upon how many units purchased were workforce housing TDRs. Finally, the table below indicates the number of WHP units that currently would be required should the subject site develop pursuing the maximum density bonuses as compared to the proposed amendment. Please note that in the Zoning application, the Applicant is seeking no WHP bonus density bonus or the use of TDRs. Overall, the currently proposed zoning application would have a density of approximately 8 units per acre, or 53 total units. Table 3. Current and Potential Density with TDR and WHP Bonus Max w/flu current Max w/flu Proposed Current w/pud Applicant Zoning Request FLU FLU Units MR-5 33 HR-8 53 MR-5 33 TDR Bonus WHP Bonus Total Workforce TDR Value Units Density Units % du/ac % du/ac % $0 to $216, du/ac 9 17% $50,220 HR du/ac 4 7.5% $0 Applicant s Justification for not using TDRs: The applicant states that the density increase through the TDR and WHP programs are inappropriate, as follows: The initial submittal of the land use amendment and rezoning applications included a request to increase density by using the TDR and WFH density bonus through a Class A Conditional use application. The conditional use request requires a site plan and an analysis for concurrency. Water and sewer service is provided by the City of Delray Beach. The City has a policy that requires a full Site Plan application review and approval process. The Applicant has met with the City to discuss this process and based on the meeting has decided to withdraw the request for conditional use for the TDR and WFH units, and continue with the Site Plan and concurrency process later, after the land use and zoning applications are approved. Therefore, this application is to only request the future land use designation from MR-5 to HR-8. The land use amendment along with the change in zoning to RM will allow the Applicant to market the subject site for a multi-family residential use that is more suitable for the location and area demographics. 18-SCA FLUA Amendment Staff Report 12 Banyan Cove (SCA )

13 Staff Analysis: Policy 2.4-b requires that density increases be accomplished through the use of TDRs, unless an applicant meets the criteria for an amendment, uses the workforce or affordable housing programs, or proposes density up to, but not exceeding, density proposed and supported by the master plan of a neighborhood plan formally received by the BCC. As shown in Table 3, the site could achieve up to 53 dwelling units (7.93 units per acre) using a combination of TDR and WHP programs with the current future land use designations (MR-5). Since this figure is identical to the 53 dwelling units requested in the zoning application, the applicant is seeking an amendment to achieve higher density. By proposing the amendment to the HR-8 designation, the applicant would only be required to provide 7.5% (4) of the units as workforce housing. The amendment proposes to increase the future land use density from MR-5 to HR-8, thereby increasing the future land use dwelling units from 33 to 53 units. By increasing the units allowed by the future land use designation, the need to use TDRs density bonus to achieve the proposed density is eliminated. By eliminating TDRs, the amendment eliminates the cost to the applicant of up to $50,220 to purchase 5 TDRs. Since the applicant has not met the requirements for an adequate justification, the applicant is required to utilize the TDR Program to increase density. The proposed amendment is inconsistent with Policy 2.4-b. C. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. Surrounding Land Uses: Immediately abutting the site are the following: North: To the North is the LWDD L-30 Canal. East: To the East is Banyan Creek Elementary School (approx. 19 acres) with City of Delray Beach FLU designations of Community Facilities (CF) and Open Space (OS). South: To the South is single-family residential unit on approximately 0.85 acres with a County FLUA designation of MR-5. West: To the West, across Barwick Road, are the following uses: 1) single-family residential known as Golf Club Estates, 44 units, approx. 11 acres (4 units per acre) with a County FLU of MR-5, and, 2) Bexley Park single-family and multi-family residential, 264 units, approx acres (4.84 units per acre) with a City of Delray Beach FLU designation of Low Density Residential (LD). 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-SCA FLUA Amendment Staff Report 13 Banyan Cove (SCA )

14 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 Over time the area surrounding the Subject Site has seen a shift in development patterns, from lower density residential to higher density residential. The proposed use is more suitable and appropriate for the Subject Site as it will allow for a mix of residential options that will diversity the housing market in the area and there are adequate services to support the proposed use. Although access to this property has not changed, properties surrounding this site have been annexed into the City of Delray Beach and developed under City regulations. Most notable is the Bexley Park development on the west side of Barwick Road. Although the gross density may be similar to the Subject Site, the net density and housing types within the northern portion of the project are more intense with multi-family residential housing along Dawson Way and Highgate Drive which has direct access to Barwick Road across from the Subject Site. The density proposed for the Subject Site, plus the location on Barwick Road and adjacent to Baynan Creek Elementary School is more suitable for multi-family development. It is not uncommon for residential uses of varying densities to be found adjacent to one another, examples of such can be found with Bexley Park to the west and other locations through the County and also within the County s municipalities. Staff Analysis: The proposed development at 8 units per acre, to be developed as 2- story townhomes, is compatible next to the Banyan Creek Elementary School to the east, the MR-5 residential properties to the south and across Barwick Road to the west, and with the Bexley Park residential in the City of Delray Beach, developed at nearly 5 units per acre, also to the west. The applicant has also indicated that design features on the subject site to be determined during zoning and site plan review, including buffers, landscaping, setbacks, building orientation and height limitations, would minimize potential impacts. Therefore, the proposed eight units per acre (53 units) is compatible with the residential area. D. Consistency with County Overlays, Plans, and Studies 1. Neighborhood Plans and Studies FLUE Policy 4.1-c states The County shall consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval Staff Analysis: The site is not located within a neighborhood plan area. E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from MR-5 to HR-8 for the purposes of developing up to 53 multi-family homes. 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 18-SCA FLUA Amendment Staff Report 14 Banyan Cove (SCA )

15 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. There are adequate public facilities and services available to support the amendment, and the amendment does not exceed natural or manmade constraints. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. No adverse comments were received from the following departments and agencies regarding impacts on public facilities: Mass Transit (Palm Tran), Environmental (Environmental Resource Management), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District. In addition, the site is located within the City of Delray Beach Utility Service Area. The City would provide the Potable Water & Wastewater service to the property. The City, in a July 27, 2017 letter, indicates adequate treatment capacity for both water and sewer are available. However, prior to provision of water services to the site a completed and approved Water Service Agreement by the Delray Beach City Commission is required. 2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which: 1) results in an increase in density or intensity of development generating additional traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard D based upon cumulative traffic comprised of the following parts a), b), c) and d): Staff Analysis: The Traffic Division reviewed this amendment based on the existing potential of 33 dwelling units and the previously proposed potential of 102 dwelling units. According to the County s Traffic Engineering Department (see letter dated July 24, 2017 in Exhibit 5) the amendment would result in 459 net daily trips, and 31 AM and 37 PM net peak hour trips. 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". The current proposal has a potential for only 53 units. As the proposed 53 units is much less than the 102 units reviewed in the July 24, 2017 Traffic letter, this proposal would also meet Policy 3.5-d. The Traffic Study (see Exhibit 5) was prepared by Simmons & White, 2581 Metrocentre Blvd. West, Suite 3, West Palm Beach, FL Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: 18-SCA FLUA Amendment Staff Report 15 Banyan Cove (SCA )

16 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 June 19, To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on June 7, 2018 to the City of Delray Beach and the City of Boynton Beach. 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 June 7, In addition, on June 7, 2018, eleven neighboring Home Owners Associations and one individual were notified by mail. To date, no letters or phone calls in response have been received in response to these letters. Several s have been received regarding the three minute individual public hearing speaking time and items that could be presented at the hearing. 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 June 20, Ten members of the public attended, and all expressed concerns with the added traffic generated by this proposed development. More specifically the added impact on Barwick Road during the morning drop-off and afternoon pick-up of students at the Banyan Creek Elementary School. III. Conclusions and Recommendation The applicant is proposing an amendment from Medium Residential, 5 units per acre (MR-5) to High Residential, 8 units per acre (HR-8), from 33 units to 53 units. However, the proposed amendment does not meet all relevant policies in the Comprehensive Plan. Future Land Use Element Policy 2.4-b requires that density increases be accomplished through the use of TDRs, unless an applicant can justify and demonstrate a need for an amendment and demonstrate that the current FLUA designation is inappropriate, uses the workforce or affordable housing programs, or proposes density up to, but not exceeding, density proposed and supported by the master plan of a neighborhood plan formally received by the BCC. The proposed amendment is inconsistent with Policy 2.4 since the site can achieve the 8 units per acre using TDRs and the WHP density bonus with PUD Zoning. The PUD example meets the Comprehensive Plan requirements for increasing density by using the TDR and WHP to achieve the same 53 units. As such, staff recommends denial of the applicant s request 18-SCA FLUA Amendment Staff Report 16 Banyan Cove (SCA )

17 Exhibits Page 1 - Future Land Use Map & Legal Description E Applicant s Justification Statement E Applicant s Public Facility Impacts Table E Applicant s Traffic Study (available to the LPA/BCC upon request) E Palm Beach County Traffic Division Letter E Water & Wastewater Provider LOS Letter E-13 7 School District Letter E Applicant s Disclosure of Ownership Interests E Correspondence E SCA FLUA Amendment Staff Report 17 Banyan Cove (SCA )

18 Exhibit 1 Amendment No: Banyan Cove (SCA ) FLUA Page No: 81 Future Land Use: Location: Size: PCN: Conditions: None From Medium Residential, 5 units per acre (MR-5), to High Residential, 8 units per acre (HR-8) East side of Barwick Road, 0.55 miles north of Lake Ida Road 6.68 acres ; ; SCA FLUA Amendment Staff Report 1 Banyan Cove (SCA )

19 Legal Description A PARCEL OF LAND LYING IN THE WEST ONE-QUARTEF< OF THE NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01 14'31" EAST ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 12, THE SAID WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 12 IS ASSUMED TO BEAR SOUTH 01 14'31" EAST AND ALL OTHER BEARINGS ARE RELATIVE THERETO, A DISTANCE OF FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 12, THENCE SOUTH 88 53'46" EAST ALONG THE SAID LINE FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 12, A DISTANCE OF FEET, MORE OR LESS, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88 53'46" EAST ALONG SAID LINE FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE NORTH LINE OF NORTHEAST ONE-QUARTER OF SECTION 12, ALSO BEING THE SOUTHERLY RIGHT-OF- WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL L-30, A DISTANCE OF FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EAST LINE OF SAID WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 12; THENCE SOUTH 01 09'33" EAST ALONG SAID EAST LINE OF THE WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, A DISTANCE OF FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE SOUTH LINE OF SAID WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12; THENCE NORTH 89 22'52" WEST ALONG SAID LINE 250.0C FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE SOUTH LINE OF THE WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 12, A DISTANCE OF FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BARWICK ROAD, AS LAID OUT AND IN USE; THENCE NORTH 01 14'31" WEST ALONG SAID LINE FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF THE WEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 12, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BARWICK ROAD, AS LAID OUT AND IN USE, A DISTANCE OF FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING IN ALL 290,907 SQUARE FEET OR ACRES, MORE OR LESS. 18-SCA FLUA Amendment Staff Report 2 Banyan Cove (SCA )

20 Exhibit 2 Applicant s Justification Statement, Consistency, and Compatibility On behalf of the property owner, Andrew V. Podray ( Applicant ), Miller Land Planning Inc. has prepared and hereby respectfully submits this application for a Comprehensive Plan Future Land Use Atlas (FLUA) Amendment for the Banyan Cove Property from Medium Residential, 5 units/acre (MR-5) to High Residential, 8 units/acre (HR-8). The Banyan Cove Property is generally located on the east side of Barwick Road, 0.55 miles north of Lake Ida Road ( Subject Site ). A concurrent zoning application will be submitted to accompany the land use amendment request for the subject site. The zoning request will be for a rezoning from Agricultural Residential (AR) and Residential High (RH) to Residential Medium (RM) and Class A Conditional Use approval for multi-family development. As required, the zoning application will include a Preliminary Site Plan of the subject site with the development. The anticipated development is for approximately 102 multi-family units using the Transfer of Development Rights (TDR) and Work Force Housing (WFH) density bonus programs as outlined by the attached density analysis. The proposed amendment is for a site specific Comprehensive Plan Future Land Use Atlas Amendment and does not involve a text change. Background The Subject Site is located within the Urban/Suburban Tier and contains 6.68 acres. It is generally located on the east side of Barwick Road, 0.55 miles north of Lake Ida Road in unincorporated Palm Beach County. The Property Control Number s (PCN) for the subject site are as follows: PCN Owner Information Address Andrew V. Podray Barwick Road Andrew V. Podray Barwick Road Andrew V. Podray Barwick Road Upon land use and zoning approvals, the 3 parcels will ultimately be joined as one parcel by Plat. The Subject Site has a current land use designation of MR-5 on the Palm Beach County Comprehensive Plan and has no previous land use amendment or zoning history. At present, the built features existing on the subject site includes two 1-story single-family homes on the northern more parcel (PCN ) built in 1959 and 1970, per the Palm Beach County Property Appraiser records. The remaining parcels (PCN /1050) are vacant. This property and other surrounding properties are located within the future annexation area of the City of Delray Beach. Approximately two years ago, the City initiated discussions and a process with the property owners to annex the property from unincorporated Palm Beach County. After several months of discussions and evaluation, a vast majority of the property owners opposed the annexation and the City suspended the attempt. With that said, the City however continues to provide services to the properties in this area, including the Subject Site. 18-SCA FLUA Amendment Staff Report 3 Banyan Cove (SCA )

21 Intent of the Amendment The current zoning on the site consists of RH, and AR. The RH zoning is an old designation and no longer applicable by current ULDC Code standards. However, the intent of the RH zoning was to allow for multi-family development. Current code requires RH zoned property to either be rezoned or follow the development regulations of the Residential Medium (RM) zoning district of the current code. Article 4.B.1.C.3.d.2 of the current code however restricts multi-family development under a MR-5 land use. Using the TDR and/or WFH bonus programs does not address the restriction of multi-family residential use within the MR-5 land use designation. Accordingly, after discussions with County Staff, it was agreed upon to request a land use amendment from MR-5 to HR-8 which will allow for multi-family development as originally planned for under the RH zoning district. The subject site is currently designated as MR-5 on the Palm Beach County Comprehensive Plan. Based on a maximum density of 5 dwelling units per acre and the site area consisting of 6.68 acres the maximum allowable number of dwelling units for the designated acreage under the existing MR-5 land use designation is 33 dwelling units calculated as follows: 6.68 Acre x 5 Dwelling Units/acre = 33 Dwelling Units The property owner is requesting a change in the Subject Sites designation to HR-8 on the Palm Beach County Comprehensive Plan. Based on a maximum density of 8 dwelling units per acre and the site area consisting of 6.68 acres the maximum allowable number of dwelling units for the designated acreage under the proposed HR-8 land use designation is 53 dwelling units calculated as follows: 6.68 Acre x 8 Dwelling Units/acre = 53 Dwelling Units By implementing WFH and TDR density bonuses, as outlined in Attachment Q, the Applicant is allowed up to 102 multi-family dwelling units for the 6.68 acres with an HR-8 future land use designation. A tandem zoning application will be reviewed concurrently with this FLUA application. We are anticipating the preliminary site plan to be submitted with the zoning application for a proposed total of 102 multi-family dwelling units on the 6.68 acre Subject Site. Justification & Comprehensive Plan Policies The following provides the justification for the proposed amendment and evaluation of impacts. It shows that the proposed land use is more appropriate and suitable for the site and surrounding area. And finally, it evaluates the impacts on the natural environment, availability of facilities/services and the adjacent and surrounding development, as stated in Future Land Use Element 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; 2. The availability of facilities and services; 3. The adjacent and surrounding development; 18-SCA FLUA Amendment Staff Report 4 Banyan Cove (SCA )

22 4. The future land use balance; 5. The prevention of urban sprawl as defined by (51), F.S.; 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 Obj. 1.1 Appropriateness of Land Use, Changes to the Area & Evaluation of Impacts - The 6.68 acre Subject Site is located along Barwick Road, east of Military Trail and north of Lake Ida Road, within the Urban/Suburban Tier. The Urban/Suburban Tier supports a diverse mix of housing choices to accommodate the majority of the County population. Additionally, the Urban/Suburban Tier encourages and supports infill developments. The proposed multi-family residential use with an HR-8 land use designation is within the intent of the Tier and original zoning as the development will offer a variety of housing options in the area including multi-family apartments. The Subject Site is predominantly surrounded by existing residential uses along with public/institutional uses (school) within the jurisdictions of unincorporated Palm Beach County, the City of Delray Beach and the City of Boynton Beach. The following is a summary of the uses directly surrounding the subject site: North South MR-5, MDR (City) East INST (City) FLU Zoning Existing Use MR-5, AR, LWDD L-30 Canal, Single Family Residential, LDR (City) PUD (City) Place of Worship, Multi-Family (Hunters Run AR, PRD (City) CF (City) Condominiums City of Boynton) Single-Family Residential (Golf Club Estates), Zero Lot Line Residential (Sabal Lakes) Banyan Creek Elementary (City Delray Beach) West MR-5, LDR (City) AR, PRD(City) Barwick Road ROW, Single-Family Residential (Golf Club Estates), Zero Lot Line & Townhomes (Bexley Park-City of Delray Beach) North: Immediately north of the subject site is the LWDD L-30 Canal followed by an existing single family residence and Place of Worship (located within unincorporated Palm Beach County). Further north is a condominium development known as Hunters Run (located within the City of Boynton Beach). The single family residence and place of worship retains a FLU designation of MR-5 and Zoning designation of AR. The condominiums retain a FLU designation of Low Density Residential (LDR) max 4.84 units/acre and a Zoning designation of Planned Unit Development (PUD). South: Immediately south of the Subject Site is single-family residential. Further south is Sable Lakes Drive ROW and the Sable Lakes Community of zero lot line homes in the City of Delray Beach. The adjacent property retains an unincorporated Palm Beach County FLU designation of MR-5 and Zoning designation of AR. The residential property located in the City of Delray Beach retains a FLUA designation of Medium Density Residential and Zoning designation of Planned Residential Development (PRD). East: Immediately south of the Subject Site is Banyan Creek Elementary School (City of Delray Beach) which retains a FLU designation of Institutional and Zoning designation of CF. 18-SCA FLUA Amendment Staff Report 5 Banyan Cove (SCA )

23 West: Immediately west of the Subject Site is Barwick Road ROW and single-family residential, known as Golf Club Estates (located within unincorporated Palm Beach County) and Bexley Park (located within the City of Delray Beach). The Golf Club Estates residential property retains an unincorporated Palm Beach County FLU designation of MR-5 and Zoning designation of AR. The Bexley Park residential property located in the City of Delray Beach retains a FLUA designation of Low Density Residential (LDR) and Zoning designation of Planned Residential Development (PRD). The area immediately adjacent to the Subject Site has a mix of residential housing types including single-family homes, duplexes, townhomes and multi-family homes. It is not uncommon for residential uses of varying densities to be found adjacent to one another, examples of such can be found with Bexley Park to the west and other locations through the County and also within the County s municipalities as displayed in the graphic below: Since the Urban/Suburban Tier is intended to accommodate a range of land uses and development patterns, providing a land use pattern that situates higher intensity uses nearer to intersections and along major roadways and lower density away from major corridors, it creates a gradient in development intensities that appropriately transition uses. The proposed HR-8 designation will contribute to this development pattern. It will diversify housing options within the area while providing a transition from existing medium residential to the newer developments of higher intensity uses. The property has approximately feet of frontage along Barwick Road and has feet of depth with Banyan Creek Elementary School and play area immediately abutting to the east. The growth of the area no longer makes this property suitable for single-family homes with driveways from Barwick Road and school children playing next to back yards. The property is better suited for multi-family development. This request, along with the tandem zoning application will allow for a more suitable development plan in keeping with the RM zoning. 18-SCA FLUA Amendment Staff Report 6 Banyan Cove (SCA )

24 The Subject Site is located with the boundaries of the Lake Worth Drainage District and the South Florida Water Management District C-16 Drainage Basin. Legal positive outfall is available to the site via discharge to the Lake Worth Drainage District L-30 canal along the north side of the property. The site will be served by the City of Delray Beach Water Utilities for water and sewer services and Fire Rescue will be served by Delray Beach Fire-Rescue Station #114 and the change in land use will have minimal impact. There are no historic/architecturally significant resources or archeological resources located on or within 500 feet of the Subject Site. In addition to Policy 2.1-f, Applicants are also required to address the following criteria for Residential Density Increases, as required by Future Land Use Element Policy 2.4-b: Demonstrate a need for the amendment. Demonstrate that the current FLU designation is inappropriate. Provide a written explanation of why the Transfer of Development Rights, Workforce Housing and Affordable Housing Programs cannot be utilized to increase density on the site. The current zoning on the site consists of RH, and AR. The RH zoning is an old designation and no longer applicable by current ULDC Code standards. However, the intent of the RH zoning was to allow for multi-family development. Current code requires RH zoned property to either be rezoned or follow the development regulations of the Residential Medium (RM) zoning district of the current code. Article 4.B.1.C.3.d.2 current code however restricts multi-family development under a MR-5 land use. Using the TDR and/or WFH bonus programs does not address the restriction of multi-family residential use within the MR-5 land use designation. Accordingly, after discussions with County Staff, it was agreed upon to request a land use amendment from MR-5 to HR-8 which will allow for multi-family development as originally planned for under the RH zoning district. Summary Accordingly, we request the recommendation of approval from Staff and should any additional information be required, please contact Ailish B. Villalobos at Miller Land Planning, Inc. 18-SCA FLUA Amendment Staff Report 7 Banyan Cove (SCA )

25 Exhibit 3 Applicant s Public Facility Impacts Table VIII. Public Facilities Information A. Traffic Information Current FLU Maximum Conditioned or Concurrent Max Trip Generation 219 trips per day 352 trips per day NA Trip Increase Max. Trip Inc. Conditioned or Concurrent Significantly impacted roadway segments that fail Long Range Significantly impacted roadway segments for Test 2 Traffic Consultant 133 trips per day None None None NA None None NA Simmons & White Bryan Kelley, P.E. B. Mass Transit Information Nearest Palm Tran Route (s) Nearest Palm Tran Stop Nearest Tri Rail Connection Route 3 BCR via Military Trail Distance: 0.55 miles Stop #1164 Military Modern Dr. Distance: miles Delray Beach Station Accessible by Palm Tran Route 80 Northbound and then Route 81 Eastbound Distance: 3.5 miles C. Portable Water & Wastewater Information Potable Water & Wastewater Providers Nearest Water & Wastewater Facility, type/size Water & Waste Water will be provided by Delray Beach Utilities. LOS comment letter is provided as Application Attachment I. Potable water main and gravity sewer main along Barwick Road, north of Atlantic Avenue. D. Drainage Information 18-SCA FLUA Amendment Staff Report 8 Banyan Cove (SCA )

26 The drainage provider will be Lake Worth Drainage District with legal positive outfall to the L-30 canal along the north property line. Please refer to the Statement of Legal Positive Outfall prepared by Simmons & White provided as Application Attachment J. E. Fire Rescue Nearest Station Distance to Site Response Time Effect on Resp. Time Station #114 located at 4321 Lake Ida Road Approximately 1.0 miles from the station Estimated response time to the subject property is 4 minutes 30 seconds Changing the land use will have minimal impact on Fire Rescue. A Fire Rescue letter is provided as Application Attachment K. F. Environmental Significant habitats or species There are no known occurrences of significant species inhabiting the subject site however this is existing vegetation on the site that will be cleared as necessary. A natural inventory map is provided as Application Attachment L. Flood Zone* This site is located within Flood Zone X500. Wellfield Zone* The site is not located within a Wellfield Zone. A Wellfield Map is provided as Application Attachment M. G. Historic Resources There are no historic or architecturally significant resources on or within 500 feet of the subject site. Historic Resource Letter is provided as Application Attachment N. H. Parks and Recreation - Residential Only Park Type Name & Location Level of Svc. (ac. per person) Population Change Change in Demand Regional Beach District W. Delray Regional Park W Atlantic Ave Gulfstream Park 4489 N Ocean Blvd Canyon District Park 8802 Boynton Beach Blvd people people people I. Libraries - Residential Only Library Name Address Hagen Rach Road Branch Hagen Ranch Road City, State, Zip Delray Beach, FL Distance 4.4 miles 18-SCA FLUA Amendment Staff Report 9 Banyan Cove (SCA )

27 Component Level of Service Population Change Change in Demand Collection 2 holdings per person +48 people 396 holdings Periodicals 5 subscriptions per 1,000 persons +48 people 0.24 subscription Info Technology $1.00 per person +48 people $48 Professional staff 1 FTE per 7,500 persons +48 people FTE All other staff 3.35 FTE per professional librarian +48 people 0.02 FTE Library facilities 0.34 sf per person +48 people sf J. Public Schools - Residential Only Public School Determination Letter has been requested from The School Board of Palm Beach County and still pending receipt. To be provided as Application Attachment O. Elementary Middle High Name Banyan Creek Carver Middle Atlantic Community Address 4243 Sabal Lake Road 101 Barwick Road 2455 W. Atlantic Ave. City, State, Zip Delray Beach, FL Delray Beach, FL Delray Beach, FL Distance 0.5 miles 1.6 miles 3.0 miles 18-SCA FLUA Amendment Staff Report 10 Banyan Cove (SCA )

28 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-SCA FLUA Amendment Staff Report 11 Banyan Cove (SCA )

29 Exhibit 5 Palm Beach County Traffic Division Letter 18-SCA FLUA Amendment Staff Report 12 Banyan Cove (SCA )

30 Exhibit 6 Water & Wastewater Provider LOS Letter 18-SCA FLUA Amendment Staff Report 13 Banyan Cove (SCA )

31 Exhibit 7 School District Letter 18-SCA FLUA Amendment Staff Report 14 Banyan Cove (SCA )

32 Exhibit 8 Disclosure of Ownership Interests 18-SCA FLUA Amendment Staff Report 15 Banyan Cove (SCA )

33 18-SCA FLUA Amendment Staff Report 16 Banyan Cove (SCA )

34 18-SCA FLUA Amendment Staff Report 17 Banyan Cove (SCA )

35 18-SCA FLUA Amendment Staff Report 18 Banyan Cove (SCA )

36 Exhibit 9 Correspondence 18-SCA FLUA Amendment Staff Report 19 Banyan Cove (SCA )

37 18-SCA FLUA Amendment Staff Report 20 Banyan Cove (SCA )

38 18-SCA FLUA Amendment Staff Report 21 Banyan Cove (SCA )

39 18-SCA FLUA Amendment Staff Report 22 Banyan Cove (SCA )

40 On June 20th the following petition was submitted below and on subsequent pages. Page 1 Page 2 Pages 3 through 41 attached in PDF 18-SCA FLUA Amendment Staff Report 23 Banyan Cove (SCA )