Item: III.A.3. FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 17-A PLANNING COMMISSION PUBLIC HEARING, SEPT. 9, 2016 A. Application Summary I. General Project Name: Cameron West Apartments (LGA 2016-031) Request: Acres: Location: Project Manager: Applicant/Owner: Agent: Staff Recommendation: CH/IND & IND to HR-12 32.67 acres West of Jog Road, 0.25 mi. south of Meathe Drive Michael Howe, Senior Planner 2104 Cahuenga Partners, LP; 1520 Vista Partners, LLC Jon E. Schmidt & Associates, Inc. Staff recommends denial based upon the findings and conclusions contained within this report. II. Assessment & Conclusion The proposed amendment is requesting a future land use change from commercial and industrial future land use to high residential, 12 units per acre. The amendment request would eliminate the potential for 1.2 million square feet of industrial development (341,741 square feet with valid development orders) and grant entitlement for 392 dwelling units. The applicant states an interest in pursuing the Transfer of Development Rights (TDR) Program and Workforce Housing if the amendment is approved. However, since a condition of approval requiring the use of these programs is not included, this is not binding. This amendment represents several competing objectives of the Comprehensive Plan, including the provision of workforce housing, the loss of industrial lands, and the protection of existing viable neighborhoods. The proposed amendment represents the loss of a significant acreage and square footage of shovel ready industrial land inconsistent with Future Land Use Element Policy 2.2.4-a that discourages the loss of industrial lands in the County. The applicant has not demonstrated that the industrial future land use is inappropriate, and has not justified the requested residential future land use. Further, the applicant has not adequately justified the requested 12 units per acre designation, particularly considering that the adjacent residential neighborhood has a density of 2 units per acre (LR-2). With an amendment to the highest residential designation allowed within unincorporated County the property owner essentially bypasses the mandatory requirement to increase density through the County s TDR Program. The proposed amendment does not meet the justification requirements, represents the loss of viable industrial lands, is proposing density significantly higher than the neighboring residential, and is attempting to avoid the TDR program requirement. 17-A FLUA Amendment Staff Report 1 Cameron West Apartments (LGA 2016-031)
III. Hearing History Local Planning Agency: Board of County Commissioners Transmittal Public Hearing: State Review Comments: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\17-A\Reports-Agendas\1-LPA-Sept09\III-A-3_17-A_Cameron West Apts_Rpt.docx 17-A FLUA Amendment Staff Report 2 Cameron West Apartments (LGA 2016-031)
Future Land Use Atlas Amendment Cameron West (LGA 2016-031) Site Data Size: 32.67 acres Existing Use: Commercial & Vacant Proposed Use: Multifamily Residential Current FLU: CH/IND Proposed FLU: HR-12 Date: 211012016 Contact Plann1ng Filename: Planning'AMEN0\17-A\Site\16-31 Note: Map is not official, for presentation purposes only. Future Land Use Designations LR-1 LR-2 MR-5 HR-8 HR-12 CH,... li ij. 1115 SITE Low Residential, 1 unit per acre Low Residential, 2 units per acre Medium Residential, 5 units per acre High Residential, 8 units per acre High Residential, 12 units per acre Commercial High - Feet 0 100200 400 CH/IND CR IND UT Commercial High/1 ndustrial Commercial Recreation Industrial Utilities and Transportation Planning, Zoning & Building 2300 N. Jog Rd, WPB, FL 3341 1 Phone (561) 233-5300 17-A FLUA Amendment Staff Report 3 Cameron West Apartments (LGA 2016-031)
B. Petition Summary I. General Data Project Name: Cameron West Apartments (LGA 2016-031) Request: CH/IND & IND to HR-12 Acres: 32.67 acres Location: West of Jog Road, 0.25 mi. south of Meathe Drive Project Manager: Michael Howe, Senior Planner Applicant/Owner: 2104 Cahuenga Partners, LP; 1520 Vista Partners, LLC Agent: Jon E. Schmidt & Associates, Inc. II. Site Data Current FLU: Existing Land Use: Current Zoning: Current Dev. Potential Max: Current Future Land Use Commercial High/Industrial (CH/IND) on 14.69 ac. & Industrial (IND) on 17.98 ac. Office building on 3.14 acres, remaining 29.53 acres are vacant Commercial General (CG) & Multiple Use Planned Development (MUPD) Commercial up to 223,963 sf (.35 FAR) and Industrial up to 665,727 sf (.85 FAR) Proposed Future Land Use Change Proposed FLU: High Residential, 12 units per acre (HR-12) Proposed Zoning: Planned Unit Development (PUD) Dev. Potential Max/Conditioned: Residential, up to 12 units per acre (392 units) General Area Information for Site Tier/Tier Change: Urban Suburban Tier No Change Utility Service: Palm Beach County Water Utilities Department Overlay/Study: None Comm. District: Commissioner Burdick, District 2 17-A FLUA Amendment Staff Report 4 Cameron West Apartments (LGA 2016-031)
C. Introduction I. Intent of the Amendment The proposed amendment would change the property's future land use designation on the entire 32.67 acres from CH/IND and IND to HR-12, creating the potential to develop 392 dwelling units in order to develop a multi-family residential development. The applicant indicates an interest in pursuing additional dwelling units through the Workforce Housing and Transfer of Development Rights programs, but the applicant does not propose any conditions of approval to require the use of these programs should the amendment be adopted. The site is comprised of Commercial General (CG) and Multiple Use Planned Development (MUPD) zoning. Since there is no zoning application to rezone the property to a zoning that is consistent with the proposed HR-12, the adopted zoning and development orders will become void should the amendment be approved. II. Background and Overview The subject 32.67 acre site is within the Urban Suburban Tier and is located west of Jog Road, approximately one quarter (0.25) mile south of Meathe Drive (north of Belvedere Road and south of Okeechobee Blvd). The area consists of a mix of land uses including residential, industrial, utility and high commercial. The site is immediately adjacent to low density residential and industrial to the west and northwest and the Florida Turnpike to the east. The northernmost portion of the site is adjacent to a commercial/industrial parcel. The site currently has Future Land Use Designations of Commercial High/Industrial (CH/IND) on 14.70 acres and Industrial (IND) on 17.97 acres. The property currently has an office building on 3.14 acres and the remaining 29.53 acres are vacant. The CH/IND portion of the site received the High category through a County Initiated amendment adopted on December 18, 2002 by Ordinance 2002-87 (LGA-2002-23) as part of an effort to clarify the appropriate intensity level of commercial designations in the unincorporated County. The subject site is comprised of three separate development orders that have valid Industrial approvals for 341,741 square feet of commercial/industrial development as follows: 1. The northernmost 3.14 acres has an approved site plan with CG Zoning and is developed with 24,242 of office, dispatch, and storage (Palm Beach Transportation Communication Center, Control Number 1996-042). 2. The center 11.56 acres is unbuilt with an approved site plan with MUPD under the IND future land use for 124,479 square feet of Warehouse with accessory office (Jog Commerce Park, Control Number 2005-460). 2. The southernmost 17.97 acres is unbuilt with an approved site plan with MUPD under the IND future land use for 193,020 square feet of Warehouse with accessory office (Jog Distribution Center, Control Number 2007-482) 17-A FLUA Amendment Staff Report 5 Cameron West Apartments (LGA 2016-031)
D. Consistency and Compatibility I. Data and Analysis 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; 2. The availability of facilities and services; 3. The adjacent and surrounding development; 4. The future land use balance; 5. The prevention of urban sprawl as defined by 163.3164(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 Objective 1.1. (see Public and Municipal Review Section) The applicant s has prepared a Justification Statement (Exhibit 2) which states that the proposed request is justified due to the following: Industrial future land use on the site is unpractical, and due to the LWDD L-2 canal is landlocked in terms of access and flexibility for design of the site making industrial uses impractical. The shape of the property also limits the efficiencies needed for a successful industrial development. Typically industrial developers want a square property with good access and maneuverability on the site. Other industrial office/warehouse which has been approved and/or developed within a mile of the site in excess of 1.3 million s.f. of industrial development coming online which will take several years to absorb into the market. And that the abundance of industrial development to be built within the immediate vicinity will suit the needs of central Palm Beach County for the foreseeable future. Residential uses are appropriate since the site does not support efficient or realistic access for industrial uses and it directly abuts existing residential properties, and the request provides for a more logical development pattern as the property is adjacent to the turnpike on the east and residential to the west, and the request will provide for a transitional use to buffer the existing residential and remove the ability for industrial uses to infiltrate the existing community. 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. This petition seeks to change the future land use designation on over thirty acres of land from commercial and industrial to high density residential. The applicant has the 17-A FLUA Amendment Staff Report 6 Cameron West Apartments (LGA 2016-031)
burden to demonstrate that the existing future land use designation is inappropriate and that the proposed future land use designation is justified. The applicant s justification states that the existing designations are not appropriate due to the configuration of the properties, access, and existing approved industrial warehouse uses in the vicinity. The fact that there are several prior approvals for industrial use of the site contradicts the applicant s position that the property would not support efficient access as an industrial use. The entirety of the subject site has development orders for commercial and industrial development with site plans that have been approved by the County as meeting all necessary access, buffering, configuration, requirements for such uses. The applicant also states the shape of the property and the existence of the LWDD L-2 canal on the site limits the efficiencies needed for a successful industrial development and thus the subject property is more appropriate and compatible for the proposed residential development. The approved site plans, however, were found to be appropriate and compatible with the surrounding land uses and existing development. The applicant states that residential is more appropriate due to the location of residential adjacent. However, the majority of the property (70%) is adjacent to industrial and transportation uses, whereas only 30% is adjacent to residential in addition, as noted above, the subject site has received several zoning approvals for commercial and industrial uses which were found to be appropriate and compatible. With regard to the perceived industrial supply in excess of current demand, market factors are not suitable to justify a long-range future land use change. The applicant refers to an industrial "slow growth market" as a reason to eliminate industrial approvals and support the proposed residential development. The applicant fails to mention any impacts of the economic downturn and subsequent recession had on any type of development during this timeframe. According to industry representatives, due to the adverse economic situation at that time, the lending terms and requirements to obtain construction funding were not very attractive to developers, therefore developers didn't proceed. A similar case could be made regarding slow growth of residential development as many previously approved residential developments sat idle during the same period. As the economy has begun to recover the lending requirements have loosened and there is now visible development activity underway on the industrial property to the east. Slow growth due to a slumping economy does not justify a change of land use. Therefore, the applicant has not met the requirements for an adequate justification. 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,... Staff Analysis: Future Land Use Element Policy 2.4-b requires the Transfer of Development Rights (TDR) Program as the mandatory method for increasing density, unless the applicant can both justify and demonstrate a need for an amendment, and demonstrate that the current FLUA designation is inappropriate, or a property owner is 17-A FLUA Amendment Staff Report 7 Cameron West Apartments (LGA 2016-031)
using the Workforce Housing Program or the Affordable Housing Program. The TDR Program allows property owners to increase density by purchasing development rights from the County's TDR bank through the development review process at a price that is adjusted annually. The cost for a TDR is established as 10% of the County's median home sales price with the TDR workforce units at 5% of the TDR price. As addressed in the Justification Statement section above, the applicant has not adequately demonstrated that the existing future land use designations are inappropriate; therefore, the request is subject to this policy. In order for a site to increase density through the TDR Program, it must have a residential designation or underlying residential designation. The subject site is adjacent on 30% of its boundary to a low density neighborhood with Low Residential, 2 units per acre future land use designation. The requested 12 units per acre at this location is significantly higher than the surrounding density. If the site were to be granted a residential designation, or underlying designation, the baseline is most appropriately set at a lower baseline density such as the surrounding 2 units per acre. Otherwise, the requested amendment would essentially be bypassing the mandatory TDR policy requirement. A lower density would be consistent with the surrounding area, and allow subsequent density increases through the TDR and/or WHP programs. If the applicant does increase densities through these programs, the density will be higher than those found in the surrounding area, but the higher density will be in support of other County objectives of transferring development rights and increasing the supply of workforce housing. This will also ensure that the additional density comes with a workforce housing obligation commensurate with the density bonus. 3. Industrial: FLUE Policy 2.2.4-a: The County shall apply Industrial future land use categories at appropriate locations and intensities to satisfy the need for industrial space, provide opportunities for the retention and expansion of industrial and employment based economic activities, and to promote economic development consistent with the County s economic development directives. The County shall also encourage a broad range of employment opportunities and shall discourage Future Land Use Atlas amendments that result in the loss of industrially designated land. Staff Analysis: This policy was adopted in 2015 by the Board to discourage the conversion of industrial future land use in the County, thereby preserving opportunities for economic development and a strong, diverse economy. The subject site is entirely comprised of industrial and related approvals that are considered shovel ready, the most desirable type of non-residential land. The Business Development Board (BDB) is currently marketing the subject site as part of its Mega Sites program. The BDB Mega Sites program includes an inventory of commercial and industrial buildings with 100,000 square feet of vacant space available as well as vacant land where a minimum of 100,000 s.f. of industrial or office space. The program is intended to serve as a resource to large companies looking at relocating or expanding in Palm Beach County. The applicant is proposing to eliminate the commercial and industrial development potential on the subject site, thereby making the approved 341,741 square feet of uses inconsistent and unusable, and eliminate industrial development potential of up.85 FAR (1.2 million square feet). The requested residential future land use is not accompanied by a zoning application, indicating that there is no immediate plan for residential development on the subject site. 17-A FLUA Amendment Staff Report 8 Cameron West Apartments (LGA 2016-031)
The loss of industrial development potential on the subject site is in violation of this policy. 4. 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. 7. Housing Opportunity. Ensure that housing opportunities are compatible with the County's economic opportunities by providing an adequate distribution of very-low and low-income housing, Countywide, through the Workforce Housing Program. 8. Economic Activity Centers. Encourage the development of Planned Industrial Developments primarily designed to accommodate and promote manufacturing industry and other value-added activities. Staff Analysis: The proposed amendment presents the challenge of balancing several competing policy directions. The amendment would further County Direction (#7) regarding housing opportunity, that would further the provision of workforce housing units. However, the amendment would not further County Direction (#8) that encourages the development of Industrial Developments designed to accommodate and promote manufacturing industry and other valueadded activities. In this instance, the negative policy implications and concerns regarding the potential loss of industrial lands proposed by this amendment outweigh the benefit of the additional workforce housing units. 5. Housing Element, Policy 1.1-o: The County shall preserve affordability of affordable housing units developed through the Workforce Housing Program and the Affordable Housing Program as follows: 1. The Workforce Housing Program will target households with incomes ranging from 60%-140% of area median income. 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. and, Housing Element, Policy 1.5-g: The County s mandatory Workforce Housing Program requires new residential developments to provide a percentage of housing units for households with incomes from 60% to 140% of area median income as a means to meet affordable housing needs and to disperse that needed housing in the unincorporated County. For land use LR1, the PUD density does not apply. The Agricultural Reserve Tier is exempt from this program. 17-A FLUA Amendment Staff Report 9 Cameron West Apartments (LGA 2016-031)
The Workforce Housing development evaluation shall address specific criteria, including but not limited to: 1. Eligible developments must have a minimum number of 10 permitted units; 2. Workforce units can be both rental units and for sale units; 3. Workforce units built on site will be designed to be compatible with the overall development; 4. Workforce units built on-site can be clustered or integrated within the development; 5. Rental unit and resale unit affordability controls shall be guaranteed for a period to be set forth in the Unified Land Development Code (ULDC); 6. Workforce units may be allowed based on location, and land use compatibility, in any of the following land use categories: Commercial (mixed use); Industrial (mixed use); Economic Development Center; Institutional and Public Facilities, Traditional Town Development (TTD); and Multiple Land Use (MLU). Incentives shall include: 1. For LR-1, LR-2, and LR-3, a density bonus of up to 30%. 2. Traffic performance standards mitigation, 3. An expedited permit, zoning, and land use site plan approval process including engineering plating procedures. 4. A method to effectively offset impact fees and other development fees for the Workforce units only may be included. Density Bonus Greater than 30% For land uses MR-5, HR-8, HR-12, and HR-18 a density bonus greater than 30%, up to 100%, shall be permitted when all program criteria are met and the increased density creates no compatibility issues with adjacent properties. When a density bonus of greater than 30% is sought, the Workforce Housing development evaluation shall address the specific criteria (#1-6.) listed above and in addition the following criteria: 1. Eligible developments must be located inside the Urban/Suburban Tier; 2. Developments are required to be located near mass transportation and/or employment centers in order to receive a 100% density increase; 3. Existing very-low and low income concentrations in order to discourage undue concentrations; and 4. Review of County Housing Study Sector. The specific program criteria including developer incentives will be set forth within the Unified Land Development Code (ULDC). Applicant s Information: The applicant states the following in the application: While the figures below are not included as part of the Future Land Use Plan Amendment request it is the intent to seek additional density through the use of the Workforce Housing Program (WHP) as well as the Transfer of Development Rights (TDR) program. The applicant received a sufficiency notice letter from the Planning Division (dated October 26, 2015, enclosed within) confirming that the subject properties are eligible for a 60% workforce housing density bonus. The summary of the calculations is provided below: 17-A FLUA Amendment Staff Report 10 Cameron West Apartments (LGA 2016-031)
Proposed FLU Designation HR-12: Proposed WHP Bonus Density: Proposed TDR Units: Total Dwelling Units: WHP Units: 392 dwelling units (32.67 acres x 12 du/ac) 235 (60% WHP Bonus) 65 (TDR Units @ 2/ac) 692 Total Units 135 WHP Units (included in the 692 units) C. Compatibility Staff Analysis: As stated by the applicant, the proposed amendment does not include the use of the Workforce Housing Program, or the Transfer of Development Rights program, through a concurrent zoning application nor does the amendment include a condition of approval to require the use of these programs. Therefore, the applicant s references to these programs are nonbinding and irrelevant. This being said, the proposed increase in density to 12 units per acre is significantly higher and out of character with the surrounding residential neighborhood. Should this amendment be approved, and the applicant pursue up to 21 units per acre as suggested, the resulting density would be far too high considering the site s neighboring residential and location. Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. The applicant provided a compatibility analysis in Exhibit 2 and states that, "the existing development and the proposed additional residential units on the subject property are compatible and complementary with the adjacent and surrounding development". Surrounding Land Uses: The area consists of a mix of land uses including residential, utility, high commercial, industrial and Florida's Turnpike. Immediately abutting the site are the following: North: To the North and West, the site is bordered by two parcels, 5.64 acres total, a FLUA of CH/IND, with 2.64 acres to the west undeveloped and 3.08 acres to the north with existing vehicle repair, warehouse, and office uses. East: To the East, the site is bordered by a 9.58 acre parcel, owned by Palm Beach County with a FLUA of UT, and also Florida's Turnpike. West: To the West, the site is bordered by the following uses: 1) 29.59 acre parcel, a FLUA of IND, owned by the Town of Palm Beach; 2) 1.16 acre parcel, a FLUA of IND, containing one residential unit,. 3) 8.21 acre parcel, a FLUA of IND, with a developed warehouse/distribution use. 4) various parcels, a FLUA of LR-2, with single family residential units. South: To the South, the site is bordered by Florida's Turnpike. 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 2.2.1-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. 17-A FLUA Amendment Staff Report 11 Cameron West Apartments (LGA 2016-031)
Staff Analysis: Various properties adjacent to the subject site on the north and partially on the west side have the LR-2 land use designation, and other adjacent properties have a IND designation or transportation uses. The existing industrial (office & warehouse) approvals with the IND land use designation are compatible and appropriate uses alongside the adjacent land uses. The appropriateness of these uses, as well as the necessary buffering to ensure compatibility, was addressed at the time of the current development approval for the commercial and industrial uses approved on this site. The proposed amendment is requesting High Residential, 12 units per acre, which is significantly higher than the surrounding residential neighborhood. Should this amendment be approved, and the applicant pursue up to 21 units per acre as suggested. Without a concurrent zoning application to ensure that the site is suitably designed, including that access and other items addressed during the development review process are adequately addressed for safety and other concerns, it is difficult to establish whether the proposed high density residential will be compatible with the adjacent neighborhood. D. Consistency with County Overlays, Plans, and Studies 1. Overlays FLUE Policy 2.1-k states Palm Beach County shall utilize a series of overlays to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series. Staff Analysis: The subject site is not located within an overlay. 2. Neighborhood Plans and Studies FLUE Policy 4.1-c states The County shall consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval Staff Analysis: The subject site is not located within a neighborhood plan, but is located within the boundaries of the Skees Road Study. The Skees Road Study was prepared by the Planning Division and presented to the Board of County Commissioners in 1996. The Study was prompted by a future land use amendment to change industrial land within this area from industrial to residential in 1994. The Study was developed with significant contribution with the surrounding residents, and identified that there was tremendous citizen concern regarding traffic on Skees Road. The Study concludes that the best course of action is to maintain the current industrial land use designations in within the Study Area, but reorient the access of industrial uses away from Skees Road and towards Jog Road. The Study identified two Major Issues with recommendations relevant to the subject site as discussed below: A. Skees Road Study Major Issue: Increasing traffic volumes on Skees Road Rec. A-1: Extend the existing service road from Jog Road extension (in the vicinity of Southern Bell and Advertiser's Press facilities) south, adjacent to Florida's Turnpike right-of-way to a point south of Krick Road, but not connecting with Belvedere Road. Connect all industrial uses currently accessing Skees Road (south of Hoffman Road) to this new road. 17-A FLUA Amendment Staff Report 12 Cameron West Apartments (LGA 2016-031)
Staff Analysis: The site s commercial and industrial approved site plans implement the recommendation by orienting access directly towards Meathe Drive and Jog Road, rather than through the adjacent neighborhood. Since there is no concurrent zoning application for the subject site, potential access to or through the adjacent neighborhood and associated impacts are not clear. B. Skees Road Study Major Issue: Incompatibility of existing residential and more intense land use Rec. B-1: Maintain the study area's existing future land use designations. This would constitute no further action on the previously proposed amendment which recommended changing the Industrial and Commercial/Industrial land use designations to Residential- MR-5. Staff Analysis: The Study indicated local residents concerns that Industrial uses potentially blight residential communities, high density housing may negatively impact existing neighborhoods, and visual aesthetics can be improved. However, the Study concluded that the industrial designations were appropriate, compatible and preferred over increasing residential density provided that they were adequately screened and access diverted directly to Jog Road rather than Skees Road. The proposed request for conversion of industrial land to high residential density is inconsistent with the Skees Road Study. E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from CH/IND and IND to HR-12 for the purposes of developing up to 392 rental homes. Public facilities impacts are detailed in the table located in Exhibit 3. 1. Facilities and Services FLUE Policy 2.1-a: The future land use designations, and corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review and there are adequate public facilities and services available to support the amendment, and the amendment does not exceed natural or manmade constraints. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. One comment was received from the following departments and agencies regarding impacts on public facilities: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District. 17-A FLUA Amendment Staff Report 13 Cameron West Apartments (LGA 2016-031)
Environmental Resource Management comment: The sites are located almost entirely within Wellfield Protections Zones 2 and 3. There may be development restrictions associated with these zones. The undeveloped sites are covered with mature native vegetation and preserve areas have already been recorded for both parcels. The mitigation costs for both parcels will be very high. Staff Analysis: The applicant calls attention to the previous development orders that required a preservation area of over 3 acres to preserve the most sensitive and viable vegetation on the site. The applicant states the proposed FLU amendment will be in compliance with ULDC Article 14.C, Vegetative Preservation and Protection in keeping with prior approvals and the two identified vegetative conservation easement areas (3.85 acres combined) will be preserved and incorporated into the residential site design. In addition, the site already has the appropriate infrastructure currently provided to one parcel and available for the remaining parcels to accommodate either the approved industrial or the proposed residential development. 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 up to 223,963 s.f. Commercial (.35 FAR) and up to 665,727 s.f. Industrial (.85 FAR) and the proposed potential of 392 dwelling units. According to the County s Traffic Engineering Department (see letter dated January 19, 2016 in Exhibit 5) the amendment would result in a reduction of 7,306 net daily trips, and a reduction of 240 AM and a reduction of 755 PM net peak hour trips. The Traffic letter concludes Based on the review, the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan". The Traffic Study (see Exhibit 4) was prepared by Simmons & White, 2581 Metrocentre Blvd., Suite 3, West Palm Beach, FL 33407. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://www.pbcgov.com/pzb/planning/activeamend/ F. Florida Statutes (FS) 1. Consistency with Urban Sprawl Rule: The proposed amendment is not considered sprawl as it is within the Urban/Suburban Tier and within the Urban Service Area Boundary. This tier is also the target of the County's redevelopment and revitalization strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed used development concepts, and transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl. The request seeks to increase density within an already developed rental community. The applicant included a discussion of the Urban Sprawl rule with regards to this amendment (see Exhibit 2). 17-A FLUA Amendment Staff Report 14 Cameron West Apartments (LGA 2016-031)
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 August 18, 2016. To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on August 18, 2016 to both the City of West Palm Beach and the Town of Haverhill, which this parcel is located within their identified Future Annexation area. As of the writing of this report, no comments have been received. B. Other Notice: Public notice by letter was mailed to the owners of properties within 500' of the perimeter of the site on August 18, 2016. In addition, on August 18, 2016, several interested parties were notified by mail which includes the following groups and residential communities/developments in the area: Golden Lakes Village HOA, Polzin Housing Corporation, High Sierra HOA and Woodlake Preservation LP. C. Informational Meeting: The Planning Division hosted a meeting with area residents and interested parties to relay information regarding the amendment and development approval process on August 31, 2016. Seven members of the public attended this meeting. All were residents of the adjacent neighborhood located to the west of the subject site. They expressed concerns (visual and privacy intrusion impacts) on their single-family neighborhood related to the multi-story buildings with balconies that would be constructed should the requested HR-12 be approved. In addition, two letters reflecting concerns have been received by attendees of this meeting. Letters received are added to the Exhibits during the course of the amendment process. (see Exhibit 9). III. Conclusions and Recommendation The proposed amendment is requesting a future land use change from commercial and industrial future land use to high residential, 12 units per acre. The amendment request would eliminate the potential for 1.2 million square feet of industrial development (341,741 square feet with valid development orders) and grant entitlement for 392 dwelling units. The applicant states an interest in pursuing the Transfer of Development Rights (TDR) Program and Workforce Housing if the amendment is approved. However, since a condition of approval requiring the use of these programs is not included, this is not binding. This amendment represents several competing objectives of the Comprehensive Plan, including the provision of workforce housing, the loss of industrial lands, and the protection of existing viable neighborhoods. The proposed amendment represents the loss of a significant acreage and square footage of shovel ready industrial land inconsistent with Future Land Use Element Policy 2.2.4-a that discourages the loss of industrial lands in the County. The applicant has not demonstrated that the industrial future land use is inappropriate, and has not justified the requested residential future land use. Further, the applicant has not adequately justified the requested 12 units per acre designation, particularly considering that the adjacent residential neighborhood has a density of 2 units per acre (LR-2). With an amendment to the highest 17-A FLUA Amendment Staff Report 15 Cameron West Apartments (LGA 2016-031)
residential designation allowed within unincorporated County the property owner essentially bypasses the mandatory requirement to increase density through the County s TDR Program. The proposed amendment does not meet the justification requirements, represents the loss of viable industrial lands, is proposing density significantly higher than the neighboring residential, and is attempting to avoid the TDR program requirement. Therefore, staff recommends denial. Exhibits Page 1. Future Land Use Map & Legal Description E-1 2. Applicant s Justification Statement E-3 3. Applicant s Public Facility Impacts Table E-8 4. Applicant s Traffic Study (available to the LPA/BCC upon request) E-11 5. Palm Beach County Traffic Division Letter E-12 6. Water & Wastewater Provider LOS Letter E-13 7. School District Concurrency LOS Letter E-14 8. Applicant s Disclosure of Ownership Interests E-16 9. Correspondence E-25 17-A FLUA Amendment Staff Report 16 Cameron West Apartments (LGA 2016-031)
Exhibit 1 Amendment No: Cameron West Apartments (LGA 2016-031) FLUA Page No: 56 & 57 Amendment: Location: Size: Property No: From Commercial High/Industrial (CH/IND) and Industrial (IND), to High Residential, 12 units per acre (HR-2). Approximately 1/4 mile south of the intersection of Meathe Dr. & Jog Rd. 32.67 acres 00-42-43-27-19-000-0062; 00-42-43-27-30-001-0000; and, 00-42-43-27-31-001-0000 Conditions: None 17-A FLUA Amendment Staff Report E - 1 Cameron West Apartments (LGA 2016-031)
Legal Description Address: 1501 Meathe Drive PCN: 00-42-43-27-30-001-0000 Legal Description: TRACT A, JOG COMMERCE PARK, MUPD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 112 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA AND CONTAIN 11.562 ACRES, MORE OR LESS. Address: No address PCN: 00-42-43-27-31-001-0000 Legal Description: TRACT A, JOG DISTRIBUTION M.U.P.D., ACCRODING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 112 AT PAGES 154 AND 155 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA AND CONTAIN 17.973 ACRES, MORE OR LESS. Address: 1635 Meathe Drive PCN: 00-42-43-27-19-000-0062 Legal Description: Parcel 1: THE EAST 274.80 FEET OF TRACT Z OF PLAT #2, OF PALM BEACH COUNTY INDUSTRIAL PARK, RECORDED IN PLAT BOOK 28, PAGE 124 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 375 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS TO AND FROM LAKESIDE ROAD OVER, ACROSS AND UPON THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE SOUTHWEST CORNER OF TRACT Z OF PLAT #2 OF PALM BEACH COUNTY INDUSTRIAL PARK, RECORDED IN PLAT BOOK 28, PAGE 124 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE RUN EASTERLY ALONG THE SOUTH LINE OF SAID TRACT Z, A DISTANCE OF 123.20 FEET; THENCE RUN NORTHERLY ALONG A LINE PARALLEL TO AND 274.80 FEET WESTERLY FROM THE EAST LINE OF SAID TRACT Z, A DISTACE OF 427.50 FEET TO THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED 25-FOOT WIDE INGRESS, EGRESS EASEMENT LYING 15 FEET NORTH AND 10 FEET SOUTH OF THE FOLLOWING DESCRIBED LINE; FROM THE POINT OF BEGINNING RUN WESTERLY ALONG THE CENTER LINE OF LAKESIDE ROAD, EXTENDED A DISTANCE OF 105.74 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID LAKESIDE DRIVE, WHICH EASEMENT WAS GRANTED IN WARRANTY DEED RECORDED IN O.R. BOOK 2839, PAGE 1604, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Parcel 2: THE NORTH 60 FEET OF LOT 14, AS MEASURED ALONG THE EASTERLY LINE THEREOF, PLAT OF FEATHER ROCK, ACCORDIN GTO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGES 37 AND 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 17-A FLUA Amendment Staff Report E - 2 Cameron West Apartments (LGA 2016-031)
Exhibit 2 Applicant s Justification Statement, Consistency, and Compatibility Request The 32.67-acres subject to the proposed Large Scale Future Land Use Plan Amendment are composed of three parcels (PCN 00-42-43-27-19-000-0062; 00-42-43-27-30-001-0000; 00-42- 43-27-31-001-0000) located on the southwest corner of Meathe Road and Jog Road approximately 1/8 mile south of the Okeechobee Blvd. and Jog Road. The properties currently support the following zoning and future land use designations. Property Address 1635 Meathe Drive 3.14 1501 Meathe Drive 11.56 Acres Current Future Land Use (FLU) Designation Commercial High with Underlying Industrial (CH/IND) Commercial High with Underlying Industrial (CH/IND) Hoffman Road 17.97 Industrial (IND) Current Zoning Designation General Commercial (CG) Multiple Use Planned Development (MUPD) Multiple Use Planned Development (MUPD) The parcel at 1635 Meathe Dr. currently supports an existing office building with associated parking. The 1501 Meathe and Hoffman property are currently vacant and split between a LWDD owned parcel. The request is to amend the entire 32.67 acres from CH/IND and IND to entirely HR-12. This amendment will allow for the development of a multifamily project which will also be seeking a concurrent rezoning to the Planned Unit Development (PUD) district and additional density through the Workforce Housing Program (WHP) as well as through Transfer of Development Rights (TDR) program. Furthermore, the applicant intends to incorporate the requested WHP units within this development and not take the cash-out option. Project History and Justification for the Amendment The properties which are currently undeveloped comprise 29.53 acres and were previously approved as LGA under 2002-23 and 2002-87. In companion applications to the FLU amendments the two southern most parcels were rezoned to the MUPD district under zoning control numbers 2005-460 and 2007-482. Just under half of the land area subject to the proposed amendment supports a FLU of Commercial High with an underlying Industrial designation. The County has been tasked with critical review of any change which would reduce the amount of industrially designated property. That said, only 17.98 acres of the proposed 32.67 acre property supports an industrial FLU. The balance of the property maintains only an underlying industrial designation. The 17.98 acre parcel has remained vacant for decades and was site planned as recent as 2008 for a warehouse with accessory office. This parcel due to the LWDD L-2 canal is landlocked in terms of access and flexibility for design of the site making industrial uses impractical. The shape of the property also limits the efficiencies needed for a successful industrial development. Typically industrial developers want a square property with good access and maneuverability on the site. The previous owner of said parcels was a national industrial warehouse developer who also owns and has developed the property to the east across the Turnpike. That property alone is approved for 17-A FLUA Amendment Staff Report E - 3 Cameron West Apartments (LGA 2016-031)
over 1,000,000 s.f. of office/warehouse and it was originally approved in 2008, taking almost 8 years to fill a slow growth market. Just to the south of this property less than 1 mile from the proposed amendment site is another industrial development approved for over 350,000 s.f. of office/warehouse. This project was originally approved in 2002 and is undergoing building permit review as we speak. These are just a sample of the new industrial development in excess of 1.3 million s.f. of industrial development coming online which will take several years to absorb into the market. The subject property does not support efficient or realistic access for industrial uses and it directly abuts existing residential properties. The abundance of industrial development to be built within the immediate vicinity will suit the needs of central Palm Beach County for the foreseeable future. The change from Commercial High and Industrial to HR-12 also provides for a more logical development pattern as the property is adjacent to the turnpike on the east and residential to the west. The subject property will provide for a transitional use to buffer the existing residential and remove the ability for industrial uses to infiltrate the existing community. Proposed Density Calculation (HR-12 + WHP + TDR): While the figures below are not included as part of the Future Land Use Plan Amendment request it is the intent to seek additional density through the use of the Workforce Housing Program (WHP) as well as the Transfer of Development Rights (TDR) program. The applicant received a sufficiency notice letter from the Planning Division (dated October 26, 2015, enclosed within) confirming that the subject properties are eligible for a 60% workforce housing density bonus. The summary of the calculations is provided below: Proposed FLU Designation HR-12: Proposed WHP Bonus Density: Proposed TDR Units: Total Dwelling Units: WHP Units: 392 dwelling units (32.67 acres x 12 du/ac) 235 (60% WHP Bonus) 65 (TDR Units @ 2/ac) 692 Total Units 135 WHP Units (included in the 692 units) A concurrent application to the PBC Zoning Division for an Official Zoning Map Amendment (rezoning) from the General Commercial (CG) and the Multiple Use Planned Development (MUPD) Zoning District to the Planned Unit Development (PUD) zoning district. Consistency with the Comprehensive Plan & Florida Statutes Per Policy 2.1-f of the Future Land Use Element (FLUE) of the PBC Comprehensive Plan (Plan) an applicant must provide adequate justification for the proposed future land use and shall demonstrate that the current land use is inappropriate. The existing FLU designation of CH and IND is not compatible with the predominately residential FLU designations surrounding the subject properties. Allowing this FLUA Amendment request will be consistent with the residential FLU designations to the north and west to which the subject parcel will be abutting. A couple of applicable policies related to this request are as follows: Policy 1.2-a(2), (6): The proposed amendment will lay the foundation for development of affordable housing within an infill development site. The current FLU designation as industrial is not compatible with regard to intensity of use, and character of the adjacent residential properties to the north and west. 17-A FLUA Amendment Staff Report E - 4 Cameron West Apartments (LGA 2016-031)