PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA/TDR-2010-03019 Control No.: 2008-00129 Applicant: Westbrooke Homes Inc Standard Pacific of South Florida Owners: Standard Pacific Of South Florida Homes Westbrooke Standard Pacific Of S Florida Gulfstream Polo Llc Agent: Land Design South, Inc. - Jeff Brophy Telephone No.: (561) 478-8501 Project Manager: Autumn Sorrow, Senior Site Planner Location: Approximately 0.25 mile south of Lake Worth Road on the east side of Lyons Road (Andalucia PUD) TITLE: a Development Order Amendment REQUEST: to reconfigure the Master Plan, Site Plan, and change the type of dwelling units, to decrease the number of dwelling units, and to restart the commencement of development. TITLE: a Transfer of Development Rights REQUEST: to allow for a reduction in the number of previously approved Transfer of Development Rights APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the Andaluca PUD. The 58.03-acre site was previously approved by the Board of County Commissioners (BCC) on March 3, 2009 to allow a development consisting of 181 zero lot line and 84 multi-family units (within 6 buildings), with two lake tracts totaling 8.80 acres; a 1.63-acre recreational tract; 11.46 acres of landscape buffers and various open space areas. Also approved was the Transfer of Development Rights for 115 units. The applicant is requesting to reconfigure the Master and Site plans, to change the type of dwelling units, and to decrease the number of dwelling units. The Preliminary Master Plan indicates three residential pods consisting of a total of 164 zero lot line units and 86 townhomes, of which 41units will be provided as workforce housing. The applicant is also requesting an amendment to reduce the number of the previously approved Transfer of Development Rights (TDRs) from 115 to 24 units. The last request is to restart the date for commencement of development. The preliminary master plan also indicates two lakes totaling 8.82-acres and a 2.39 recreational pod. Access to the site is from the north and south sides of Polo Club Road. ISSUES SUMMARY: o Project History Gulfstream Polo Club: The subject site is located in an area commonly known as the Gulfstream Polo Club. Originally established in 1923 in the coastal community of Gulfstream, the Polo Club was relocated in 1965 to an area south of Lake Worth Road and west of Florida s Turnpike. According to the Gulfstream Polo Club website (http://www.gulfstreampolo.com/), the club is embarking on its 87 th season, with practice ZC June 2, 2011 Page 205
starting in early December and tournaments running thru early April of 2011 and summer polo running May thru August 2011. Prior residential Development Approvals in the Gulfstream Polo Club: The Bernard Haas PUD (Control No. 2002-020) was approved in 2002, followed by the Allie Polo Estates PUD (Control No. 2005-422), Gulfstream Groves PUD (Control No. 2005-594), and Gulfstream Haas PUD (Control No. 2005-595), approved in 2006. These approvals encumbered a large part of the original Gulfstream Polo Club facilities and surrounding home-sites, to such an extent that two major roadways were included in the development approvals, requiring newly expanded and improved connections to both Lake Worth Road and Lyons Road. However, due to inactivity in posting required surety or commencing development, the approvals were ultimately revoked by BCC during the status review performed by the Monitoring Section through resolutions (R-2005-602, 2007-2131, 2008-003, and 2007-2132). The parcels were rezoned to the Residential Transitional (RT) Zoning Districts (Resolutions 2007-2131, 2007-2132, and 2008-003). The most recent activity for Gulfstream Groves PUD (Control No. 2005-594) were two Future Land Use Amendment approvals in August 2010 the first to change a portion of the site s Future Land Use designation from Low Residential 2 (LR 2) to Multiple Land Use and Commercial Low Office (LR 3 and CL-O) pursuant to Ordinance 2010-026 on 95.80 acres and the second to change the remaining portion from Low Residential 2 (LR 2) to Low Residential 3 (LR 3) on 29.46 acres pursuant to Ordinance 2010-024. [The reader should note that since the original approvals commencing in early 2000 and the subsequent land use amendments in 2010 the land configurations have changed] Site specific project history: On March 3, 2009, the BCC adopted Resolution No. R-2009-0373, R-2009-0374 and R-2009-0375, which approved: the rezoning of the site to a Planned Unit Development (R-2009-0373), to allow a development consisting of 181 zero lot line and 84 multi-family units (within 6 buildings), with two lake tracts totaling 8.80 acres, a 1.63 acre recreational tract, 11.46 acres of landscape buffers and various open space areas; a Requested Use to allow the Transfer of Development Rights within a PUD (R- 2009-0374); and the Transfer of Development Rights (R-2009-0375) for 115 units. On August 20, 2010, the BCC adopted Ordinance No. 2010-025 which approved the Future Land Use amendment from Low Residential, 2 units per acre (LR-2) to Low Residential, 3 units per acre (LR-3). Today, the proposed Andalucía PUD includes remnants from both the Allie Polo Estates PUD and Gulfstream Groves PUD, and only requires an expanded and improved roadway connection to Lyons Road. This will be done by widening the existing 47 th Place South (nka: Polo Club Road) to provide access to both the north and south portions of the Andalucía PUD, while also providing for future connectivity for other remnant parcels to the east to allow for future development whenever it might occur. Below is graphic illustration of the recent Land Use amendments of the subject site as well as adjacent properties: ZC June 2, 2011 Page 206
o Consistency with Comprehensive Plan The Planning Division has determined that the requests are consistent with the subject site s Low Residential 3 (LR-3) Future Land Use (FLU) designation and the density thresholds of the Comprehensive Plan. See Planning Division comments for additional information. ZC June 2, 2011 Page 207
o Compatibility with Surrounding Land Uses NORTH: FLU Designation: Zoning District: Supporting: SOUTH: FLU Designation: Zoning District: Supporting: EAST: FLU Designation: Zoning District: Supporting: WEST: FLU Designation: Zoning District: Supporting: Low Residential (LR-2). Agricultural Residential (AR) and Residential Transitional (RT). Various single-family residences, inclusive of equestrian related barns, structures and uses (includes Control No s 2005-595 and 2005-422 - partial); and, Gulfstream Polo LLC/Florida Polo Trust polo fields (Control No. 2005-422). Low Residential (LR-2). Agricultural Residential (AR) and Single-Family Residential with Special Exception for a Plannned Unit Development (RS/SE [PUD]). Various properties previously supporting single-family residences with/or equestrian related barns, structures and uses, and a vacant parcel planted with palms (Control No. 2005-594); and, the Lakes of Sherbrooke PUD (Control No. 1974-063). Low Residential 2 (LR-2) and Low Residential 3 (LR-3). Residential Transitional (RT). Gulfstream Polo LLC/Florida Polo Trust polo fields (Control No. 2005-422); and, single-family residences with equestrian related barns, structures and uses (Control No. 2005-594). Medium Residential 5 (MR-5) and, Low Residential (LR-2). Agricultural Residential (AR). Single-family residential (across Lyons Road), and single family residential with equestrian barns, structures and related uses (Control No. 2005-422 partial); and, a vacant parcel noticeably planted with palms (Control No. 2005-594). The 58.03-acre subject site is generally comprised of two distinct areas divided by 47 th Place South, and touching point to point. Information on adjacent uses is provided for each of these two distinct areas, as follows: This space intentionally left blank ZC June 2, 2011 Page 208
Aerial Delineating North and South Portions of Subject Site NORTH Lyons Road North Site 47 th Place South South Site SOUTH North Site: Parcels to the north and immediate northwest, as well as those to the north across 45 th Street South, support single-family residential with equestrian related barns, structures and uses. To the east are the Gulfstream Polo LLC/Florida Polo Trust polo fields and equestrian support facilities. To the west across Lyons Road is the residential development known as Tropical Country Estates. To the south across Polo Club Road, a majority of the parcels are either vacant or supported singlefamily residential with/or equestrian related barns, structures and uses - which have been purchased by the School Board of Palm Beach County, with one privately held vacant parcel noticeably planted with palms. South Site: Property to the north is the same parcel as that to the east of the northern site, supporting the Gulfstream Polo LLC/Florida Polo Trust polo fields and equestrian support faclities. To the east across an unindentified canal right-of-way easement are single-family residences with equestrian related barns, structures and uses. To the south, across the Lake Worth Drainage District (LWDD) L-14 a canal is the residential development Lakes of Sherbrooke [Control No. 1974-063]. Property to the west is a vacant but noticeably planted with palms. As referenced above in the project history section, this area of the county is going through a transition from large-lot equistrian and/or farm related uses to more of a suburban single-family residential uses. The rezoning to a Planned Development District was already found to be consistent with the surrounding uses and the proposed DOA will not create any incompatibility issues with the surrounding uses. o West Lake Worth Road Neighborhood Plan The subject site is located within the West Lake Worth Road (WLWRD) Neighborhood Plan. The WLWRD Neighborhood Plan was created in 2009 by citizens of the West Lake Worth Road Area and was adopted by the BCC on November 19, 2009, pursuant to Resolution R-2009-2018. The WLWRD ZC June 2, 2011 Page 209
was The purpose and intent of the Neighborhood Plan is to ensure that future development is designed and constructed to preserve and define the character of the West Lake Worth Road Corridor Area, as well as address the following areas of concerns: land uses, mobility, traffic, concurrency, environmental issues, parks and recreation, beautification of the area, built form, and site design. To achieve this, specific requirements for future development are contained therein, which address the following key design elements: Zoning Use; Built Form and Site Design; Landscaping and Buffers; Lighting; Signage; and, Recreation/Public Amenities. These guidelines apply to all future residential and non-residential development within the WLWRD Neighborhood Plan, as defined generally by the L-11 Canal to the north, Florida s Turnpike to the east, the L-14 Canal to the south and State Road 7 / US 441 to the west. The subject site is located within the area of this Plan and subject to the design guidelines. The proposed site plan and commitments made within the applicant s Justification Statement submitted during the review process provide the following features to achieve the following WLWRD Neighborhood Plan Design Guidelines: Landscape Buffers: 1. Landscape material will be designed with a natural appearance. The use of meandering pathways will be used within the Lyons Road and Polo Club Road buffers and will interconnect to the pedestrian circulation system of the PUD. 2. Landscape buffers will consist of primary and secondary buffers as listed in the Design Guidelines. 3. The Primary Buffers will be located along Polo Club Road and Lyons Road frontages. 4. The Primary Buffers are shown on the site plan as 30 in width. This will include a 6 meandering pathway that will connect to the internal pedestrian circulation system of the PUD. Lighting and Signage will comply with Articles 5 and Articles 8 of the ULCD. Recreation/Public Amenities: 1. A pedestrian path will be provided in the 30 Primary Buffer along Lyons Road and Polo Club Road. 2. While this project is not adjacent to commercial properties, pedestrian cross access to all neighboring properties has been provided for future development. 3. All open spaces, the pedestrian circulation system along the internal ROWs and the main recreation areas will be linked to the external meandering sidewalk along Polo Club Road. Ultimately Polo Club Road will allow for access from this PUD to the proposed commercial developments along Lake Worth Road. 4. The Primary Buffers will allow for residents to use the meandering pathways for pedestrian connection to proposed commercial developments, natural areas, the Park Ridge Park, future school sites, etc. The internal recreation facilities will contain both active and passive recreation opportunities. These will consist of a clubhouse with pool, as well as walking pathways, and landscape focal points that can be used as shaded seating areas. 5. Pathways within the Primary Buffers and those within open spaces and recreation areas will meander to present a more natural design to the pedestrian user. Staff has reviewed the proposed project and has found it consistent with the WLWRD Neighborhood Plan Design Guidelines. Staff has added conditions of approval where applicable to ensure compliance with the WLWRD Neighborhood Plan. o Workforce Housing Program (WHP) and Transfer of Development Rights (TDR) Programs The applicant is proposing to develop a total of 250 residential units on site, consisting of 164 Zero Lot Line (ZLL) and 86 townhome units. Unless exempted, all new development with 10 or more units must comply with the WHP, which requires that a specified percentage of proposed standard and PUD units, as well as WHP and TDR density bonus units, be restricted for workforce housing by a master covenant. While the WHP provides alternatives for partial or total offsite provisions, the applicant is proposing to construct all required units on site. Standard & PUD Density: 116 Standard units: 5.8 WHP units (5%) 58 PUD units: 9.28 WHP units (16%) ZC June 2, 2011 Page 210
174 units total: 15.08 units required WHP WHP Density Bonus: As an incentive to promoting the WHP, an additional density bonus of up to 30% (174 x 30% = 52.2 bonus units) of standard/pud density is permitted (52 units x 0.34 = 17.68), of which 34% shall be required to be dedicated for Workforce Housing. This is a by-right incentive not subject to BCC approval, and the applicant is proposing to utilize all 34 WHP density bonus units. TDR Density Bonus: The TDR program is intended to facilitate both the protection of environmentally sensitive lands, the preservation of agriculture on lands designated as Agricultural Reserve (AGR), and to promote orderly growth in PBC. At the maximum density allowed per the FLUA amendment conditions, the maximum number of units, inclusive of WHP bonus density units and TDR units, is 250 units (19.47 acre portion at 3units/acre = 58 units; and 38.56 acre portion at 5 units/acre = 192 units). Normally the applicant would be able to request a maximum 116 TDR units. However, with the 226 units attained through a PUD and WHP bonus density, the applicant can only request a maximum of 24 TDR units so as not to exceed the 250 units that the proposed development is limited to pursuant to the FLUA conditions in ORD. 2010-025. TDR/WFH Unit Location: All of the required 41 WFH and 24 TDR units are proposed as townhomes. See Planning Division comments for additional information on workforce housing and transfer of development right requirements. o Exemplary Design Article 3.E.2.A.4 of the ULDC states the objective of a Planned Development District is to encourage ingenuity, imagination and design efforts on the part of the builders, architects, site planners and developers, to produce development that is in keeping with overall land use intensity and open space objectives of the Unified Land Development Code (ULDC) and the Comprehensive Plan, while departing from the strict application of the dimensional standard of the traditional districts. With this petition the applicant is requesting a density bonus, and exemplary design is required for any Planned Development District per the ULDC. The proposed site plan and commitments made within the applicant s Justification Statement submitted during the review process provide the following features to achieve the following PUD exemplary design objectives: 1) The recreation area provided (2.39 acres) far exceeds the minimum requirement of 1.5 acres. 2) The plan proposes 0.86 acres of neighborhood parks. 3) Decorative paving is provided not only at the project entrance but at several intersections and the roundabout adjacent to the main recreation area. 4) A fountain is provided in all of the proposed lakes (performance standards only require one) 5) Recreation areas and neighborhood parks include interconnected sidewalk systems as well as benches and canopy trees. 6) Future vehicular and pedestrian cross-access is provided at a total of 4 locations. o Landscape/Buffering While the proposed Andalucía PUD is a new/unbuilt project, Zoning staff took the following factors into consideration: 1) Where applicable, conditions from the original approval in 2009; 2) former PUD approvals referenced in the project history; and, 3) the West Lake Worth Road Neighborhood Plan. North portion of Andalucía PUD: (North)- A 15 compatibility buffer is provided to the north along the LWDD canal where the project is adjacent to residential zoning and land uses. A 4 meandering sidewalk is proposed to be part of the greenway as shown on the Lake Worth Road Corridor Master Plan. To the northwest, a 20 incompatibility buffer is provided where adjacent to the AR zoned parcel and a 5 compatibility buffer is provided where adjacent to the RT parcel. (South)- To the south along the newly expanded Polo Club Road, the applicant is proposing to provide a 30-foot R-O-W buffer which will contain a 6 meandering sidewalk as required by the West Lake Worth Road Corridor Design Guidelines. (East)- A 5 compatibility buffer is proposed on the east property line adjacent to the existing polo fields. As part of this request, the applicant is asking to delete Landscape Condition 6. This condition ZC June 2, 2011 Page 211
requires a 10-foot compatibility buffer to be planted with vegetation that will provide a solid 6-foot high opaque visual buffer. The applicant states that the reason for this is that the Land use of this property was recently changed in 2010 from LR-2 to MLU (LR-3). [note: staff is not in support of the condition deletion. See Modification of Conditions ] (West)- A 30 ROW buffer is provided adjacent to Lyons Road which will contain a 6 meandering sidewalk and will follow the Lake Worth Road design guidelines for a primary buffer. The buffer will contain a 2-3 undulating berm with an average height of 2.5 (TDR Receiving Area)- Per Article 5.G.3.H.4, TDR buffers are only required where a receiving area is within 150 of a single family dwelling or a vacant parcel. As shown on the proposed plan, there are no vacant parcels or SFD within 150. South Portion of Andalucía PUD: (North)- A 30 ROW buffer is provided adjacent to Polo Club Road which will contain a 6 meandering sidewalk and will follow the Lake Worth Road design guidelines for a primary buffer. (South)- A 5 compatibility buffer is provided adjacent to the LWDD canal and across from the Lakes of Sherbrooke PUD development with a Zoning of RS and an LR-2 Land Use. (East)- A 5 compatibility buffer is provided along the east where the site is adjacent to RT zoned parcels with LR-2 and LR-3 land use. As part of this request, the applicant is asking to delete Landscape Condition 6. This condition requires a 10-foot compatibility buffer to be planted with vegetation that will provide a solid 6-foot high opaque visual buffer. The applicant states that the reason for this is that the Land use of this property was recently changed in 2010 from LR-2 to MLU (LR-3). [note: staff is not in support of the condition deletion. See Modification of Conditions ] (West)- A 5 compatibility buffer is provided along the west where the site is adjacent to an RT zoned parcel with a Land Use of LR-2. The proposed landscaping meets and/or exceeds code requirements, is consistent with the WLWRD Neighborhood Plan, and adequately buffers the proposed use with adjacent properties. o Traffic See Traffic Division comments under Staff Review and analysis. o Signs The applicant is proposing to have one pair of entrance signs at both the north and south entrance points from Polo Club Road. Proposed signage is consistent with ULDC Table 8.G.2.C, Entrance Sign Standards, with a maximum height of 8-feet and 60 square feet of sign face area. Staff has no objections to the requested signage. For additional information see the Preliminary Master Sign Plan in Figure 10. o Historical Access for Adjacent Parcels (Prescriptive Rights) Historically, many of the property owners within the Gulfstream Polo Club shared access to Lake Worth Road and what is now Lyons Road, along an internal network of access easements and other easements used for road purposes, entirely comprised of graded shell rock or other similar minimally improved surfaces. Named streets include Polo Club Road, Hooks Road, 45 th Street South, 47 th Place South, and 87 Drive South. Access to Lyons Road will be retained by the expansion and improvement of 47 th Place South, which will terminate at the intersection of Polo Club Road; however, there are two lots (Owned by the Garvey family and 87 th South Drive Corp (fka: Oliver) that will lose historical access along 87 Drive South, as it was not a true ingress/egress roadway easement, but rather a FPL utility easement. ZC June 2, 2011 Page 212
Oftentimes, where someone uses someone else s property, without express written consent of a property owner for ingress/egress over a certain number of years, results in the user having the right to continue such use and is commonly referred to as prescriptive rights. While this is normally a legal issue, in response to preliminary staff comments, the applicant has proactively made arrangements to provide an ingress/egress easement to allow the Garvey property to continue to access 45 th Street South from the current driveway location, and is providing an ingress/egress easement to allow the 87 th South Drive Corp (fka: Oliver) parcel to access the internal street network of the PUD. These items have been outlined as conditions of approval by Land Development, with an additional Zoning condition requiring completion of a cross access agreement. Just confirm. Additionally, Land Development is also retaining Condition E.16 from the prior Allie Polo Estates PUD, which requires that the applicant perform a drainage study to determine if there is any historical drainage from the 87 th South Drive Corp (fka: Oliver) property, and if applicable continue to accept such drainage into the Andalucía PUD. o Modification of Conditions Request: The applicant is requesting to delete Condition 6 of Resolution R-2009-0373 which requires upgraded landscape buffers along the east property line of the North portion of the Andalucía PUD. Condition 6 of Resolution R-2009-0373 currently states: 6. LANDSCAPING ALONG THE EAST PROPERTY LINE OF POD A (WHERE RESIDENCES ABUT POLO FIELDS) In addition to code requirements and the proposed landscaping and/or buffer width along the east property line of Pod A abutting lots 1-8, planting and buffer width shall be upgraded to include: a. a minimum ten (10) foot wide landscape buffer strip; b. landscape materials shall be upgraded to provide a minimum six (6) foot high continuous solid opaque visual screen, composed of hedges or shrubs. This hedge shall connect to the required ZC June 2, 2011 Page 213
hedge in Pod C to the north, and shall also continue a minimum of one-hundred (100) feet south of lot 1; and, c. additional buffer width and planting requirements may be deleted by the DRO in the event adjacent equestrian or other similar uses cease to exist, and are replaced with residential uses. (BLDG PERMIT: LANDSCAPE - Zoning) Staff s Response: Staff is not in support of the applicant s request to the delete the condition of approval because the proposed development is not considered a compatible use with the existing polo fields to the east of the project. o Architectural Design Guidelines Elevations are not required for single family dwellings or multifamily dwellings less than 16 units as they are exempt from the provisions for Article 5.C, Design Standards. TABULAR DATA EXISTING Property Control Number(s): 00-42-43-27-05-028-0371 00-42-43-27-05-028-0381 00-42-43-27-05-028-0411 00-42-43-27-05-028-0441 00-42-43-27-05-028-0412 00-42-43-27-05-028-0421 00-42-43-27-05-028-0530 PROPOSED Pending Subject site will be re-platted. Land Use Designation: Low Residential (LR-3) Same Zoning District: Residential Planned Unit Same Development (PUD) Tier: Urban/Suburban Same Use: Equestrian/Polo fields and Zero Lot Line and Townhomes related uses; and, vacant (Zero Lot Line and Multi- Family, approved but not built) Acreage: 58.03 acres Same Dwelling Units: 265 (181 ZLL + 84 MF 250 (164 ZLL + 86 townhomes) approved, but not built) Gross Density: 4.56 du/acre (approved, 4.31 du/acre not built) Parking: 551 required/552 proposed (approved, not built) 500 required/550 proposed (including 30 guest parking spaces for the townhomes and 20 Access: 47 th Place South/nka: Polo Club Road (one access point to north and south [2 total]) Note: See also ingress/egress access to adjacent Oliver Parcel (PCN: 00-42-43-27-05-028-0391 spaces for the recreation area). Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. ZC June 2, 2011 Page 214
RECOMMENDATION: Staff recommends approval of the requests subject to 38 Conditions of Approval as indicated in Exhibit C-1 and 6 Conditions of Approval as indicated in Exhibit C-2. MOTION: To recommend approval of a Development Order Amendment to reconfigure the Master Plan, Site Plan, and change the type of dwelling units, to decrease the number of dwelling units, and to restart the commencement of development subject to the conditions of approval as indicated in Exhibit C-1. MOTION: To recommend approval of the Transfer of Development Rights allow for a reduction in the number of previously approved Transfer of Development Rights subject to the Conditions of Approval as indicated in Exhibit C-2. ZC June 2, 2011 Page 215
Figure 1 Future Land Use Map ZC June 2, 2011 Page 216
Figure 2 Zoning Quad ZC June 2, 2011 Page 217
Figure 3 Aerial ZC June 2, 2011 Page 218
Figure 4 Preliminary Master Plan dated April 18, 2011 ZC June 2, 2011 Page 219
Figure 5 Preliminary Site Plan Page 1 dated April 18, 2011 ZC June 2, 2011 Page 220
Figure 6 Preliminary Site Plan Page 2 dated April 18, 2011 ZC June 2, 2011 Page 221
Figure 7 BCC Preliminary Master Plan dated December 16, 2008 ZC June 2, 2011 Page 222
Figure 8 BCC Preliminary Site Plan page 1 dated December 16, 2008 ZC June 2, 2011 Page 223
Figure 9 BCC Preliminary Site Plan page 2 dated December 16, 2008 ZC June 2, 2011 Page 224
Figure 10 Preliminary Regulating Plan page 1 dated March 28, 2011 ZC June 2, 2011 Page 225
Figure 11 Preliminary Regulating Plan page 2 dated March 28, 2011 ZC June 2, 2011 Page 226
PLANNING DIVISION COMMENTS: PLANNING COMMENTS STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: The site has a future land use (FLU) designation of Low Residential, 3 units per acre (LR-3). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is located within the future annexation area of the City of Greenacres. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of a municipality. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Development Order Amendment to reconfigure the Master Plan, Site Plan, change the type of dwelling units, to decrease the number of dwelling units, and to allow for a reduction in the number of previously approved Transfer of Development Rights (TDR). Staff has found the requests to be consistent with the site's LR-3 FLU designation. On February 25, 2009, the site, with the LR-2 FLUE designation, was approved for 265 units which included 34 workforce housing program (WHP) bonus density units and 115 TDR units, with 84 of the units to have been provided as workforce housing units. Fifty percent of the TDRs (58 units) were required to be provided as workforce housing units at $1.00 each and 56 TDR units were to be market rate units at $50,000 each. Large Scale Land Use Amendment In 2010 the site was the subject of a Large Scale future land use map amendment known as Andalucia Residential (LGA 2010-011; ORD 2010-025) which changed the FLUA designation from LR-2 to LR-3 for this 58.03 acre site. The BCC adopted this amendment (effective November 3, 2010) subject to the following conditions: 1) Development of the site shall comply with the WLWRD Neighborhood Plan Design Guidelines dated November 19, 2009 and the following: a. The project shall provide usable open space and/or institutional uses that may promote social and cultural activities. At least 5% of the project shall be designed as usable open space to create squares, greens and/or plazas. Usable Open Space is defined in the Introduction & Administration Element of the Comprehensive Plan. b. Vehicular and pedestrian connections shall be provided to all existing and future adjacent development as identified in the WLWRD Neighborhood Plan Master Plan (at a minimum). c. The internal street network shall form a block structure to facilitate the pedestrian oriented design of the project. 2) The project may utilize the TDR s and/or the WHP to obtain additional density subject to the following: a. Transfer of Development Rights units may be purchased at a reduced cost. b. The 19.47 acre portion south of Polo Club Road is limited to a maximum of 3 units per acre, with no further density increases permitted subsequent to adoption. c. The 38.56 acre portion north of Polo Club Road is limited to a maximum of 5 units per acre. The Land Use Amendment requires the applicant to be consistent with the Neighborhood Plan Design Guidelines and the Density Bonus Programs with maximum density limitations as outlined in the conditions. The WLWRD Neighborhood Plan Design Guidelines are contained within the WLWRD Neighborhood Plan which was formally received by the BCC via Resolution 2009-2018 on November 19, 2009. The ZC June 2, 2011 Page 227
request is generally consistent with the conditions and the Design Guidelines by incorporating the following: 1. Receiving a letter of support from the Lake Worth Coalition, which represents the Neighborhood Plan; 2. The usable open space provided within the project exceeds the minimum 2.90 acres (5%) required by the condition; 3. The Plans indicate Future Cross-Access points at several locations consistent with the Lake Worth Road Neighborhood Master Plan; 4. The plans contain a block structure with pedestrian interconnectivity; 5. The request is within the density restrictions of 3 units per acre maximum for the 19.47 ac southern portion and 5 units per acre maximum for the 38.56 acre northern portion of the PUD. Density The applicant is requesting a total of 250 units, of which 41 units will be designated as Workforce Housing. The current request seeks to utilize the new TDR and Workforce Housing Program changes adopted recently in the Comprehensive Plan (10-1 Round, adopted August 2010) and the ULDC (10-2 Round, ULDC Article 5.G. as amended by Ordinance 2011-001 adopted by the BCC in January 2010. The request for a total of 250 units on the subject 58.03 acres with the LR-3 land use designation was achieved as follows: Standard & PUD Density: 116 Standard units 5.8 WHP units (5%) 58 PUD units 9.28 WHP units (16%) 174 units total 15.08 units required WHP Workforce Housing Bonus Density: Since the request is greater than 10 units, compliance with the Workforce housing Program (WHP) will be mandatory. Per the changes to the WHP the applicant must choose a Development option regarding the required WHP units (ULDC Article 5.G.1.C.3.). The applicant has chosen Option 3, Full Incentive. This option is applicable when the request consists of a FLU designation of LR-1 through LR-3 and is requesting a density bonus of greater than 15%. Per ULDC Table Article 5.G.1.B., the applicant has an LR-3 FLU, and is requesting 30% density bonus, of which 34% shall be required to be dedicated for Workforce Housing. This bonus is derived from multiplying the total Standard and PUD density by the available bonus percentage. Therefore the required Workforce Housing will be calculated as follows: 52 bonus units (174 x 30% = 52.2) 17.68 workforce units (52 x 34% = 17.68) TDR Bonus Density: The Transfer of Development Right (TDR) program is also available as a means to add additional dwelling units. At the maximum density allowed per the FLUA amendment conditions, the maximum number of units, inclusive of WHP bonus density units and TDR units, is 250 units (19.47 acre portion at 3units/acre = 58 units; and 38.56 acre portion at 5 units/acre = 192 units). Normally the applicant would be able to request a maximum 116 TDR units. However, with the 226 units attained through a PUD and WHP bonus density, the applicant can only request a maximum of 24 TDR units so as not to exceed the 250 units that the proposed development is limited to via the FLUA conditions in ORD. 2010-025. Maximum TDRs: 24 TDRs Workforce Housing Requirement: 35% (8 units) Total of PUD density, WHP bonus density, TDR bonus density, and workforce housing requirement: 116 Standard units (116 x 5% WH units = 5.8) 5.8 WHP units (5%) 58 PUD units (58 x 16% WH units = 9.28) 9.28 WHP units (16%) ZC June 2, 2011 Page 228
52 WHP bonus units (52 x 34% = 17.68) 17.68 WHP units (34%) 24 TDR bonus units (24 x 35% = 8) 8 WHP units (35%) 250 total units 40.76 (rounded up) =41 required WHP units Bonus Density Program Requirements: WHP Old Code versus New Code: Old New For-sale units: 25 year recurring 15 years recurring Rental units: 25 years recurring 30 years non-recurring All WHP units: 60-150% AMI 60-140% AMI Release of obligation: not available available with restrictions The Workforce Housing Program updates above were adopted in October 2009. WHP Rents/Sale Prices and Distribution Per ULDC Table Article 5.G.1.B., all designated WHP for-sale or rental units will be offered at an attainable housing cost to households with incomes from 60% to 140% of area medium income (AMI). The WHP homes cannot be sold or rented at a higher price. The sales prices are based on US HUD annual median income figure. The rents are based on the Florida Housing Finance Corporation (FHFC) Multi-Family Rental Figures, adjusted for number of bedrooms. As of the writing of this report, the figures are as follows: 2010 Sales Prices WHP Income Category 2010 Sales Prices Low (60-80%) $141,960 Moderate-1 (>80-100%) $182,520 Moderate-2 (>100-120%) $223,080 Middle (>120-140%) $263,640 2010 Rent Prices 2010 Florida Housing Finance Corporation Family Rental Programs Income % 1 BR 2 BR 3 BR 4 BR 60% $ 826 $ 991 $1,145 $1,278 80% $1,101 $1,321 $1,526 $1,702 100% $1,377 $1,652 $1,908 $2,129 120% $1,653 $1,983 $2,290 $2,556 140% $1,928 $2,313 $2,672 $2,982 TDR pricing: The cost per TDR is 10% of PBC median home sales price based on Florida Realtors Association (FRA) Median Sales Price Data and 5% of the median home sales price for the required WHP units. Consistency with the Neighborhood Plan allows for a 25% further reduction in the price of the TDR units. PBC Median TDR Price WHP Price Neighborhood Neighborhood Sales Price 10% 5% Plan TDR Price 75% Plan WHP Price 75% Single Family: $246,100 $24,610 $1,231 $18,458 $ 923 The applicant has requested 24 TDRs, of which 16 are at the Neighborhood Plan Price of $18,458 and 8 at WHP price of $923. ZC June 2, 2011 Page 229
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: This site is within the boundaries of the West Lake Worth Neighborhood Plan. Policy 4.1-c (Future Land Use Element) states The County shall consider the objectives and recommendations of all Community Plans, Neighborhood Plans, Joint Planning Areas Agreements, Interlocal Service Boundary Agreements, and Special Studies, recognized by the BCC, 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. Community Plans, Neighborhood Plans and Special Studies, including those adopted, accepted, or received by the BCC, are incorporated into the Future Land Use Support Document as reference guides to identify community needs and unique neighborhood characteristics within the associated document. The Neighborhood Plan was received by the BCC via resolution 2009-2018 on November 19, 2009 as recognition of the document articulating the desires and consensus of the community. As stated in consistency with FLUA amendment conditions above, the Lake Worth Coalition, Inc. provided a letter, dated March 11, 2011, stating that the request was in accordance with the neighborhood plan design guidelines. Additionally, compliance with the design guidelines is a requirement in the conditions of approval for the adopted FLUA amendment. As stated previously the request is in compliance with the design guidelines and therefore consistent with the neighborhood plan. FINDINGS: The request is consistent with the LR-3 FLU designation in the Palm Beach County Comprehensive Plan and is in compliance with the FLUA amendment conditions (ORD. 2010-025), which includes compliance with the West Lake Worth Neighborhood Plan Design Guidelines. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section for access onto Lyons Road and construction of Polo Club Road. TRAFFIC IMPACTS Petitioner has estimated the build-out of the project to be December 31, 2015. Total net new traffic expected from this project is 2,242 trips per day, 217 trips in the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK southbound) Segment: Lyons Road from Lantana Road to Lake Worth Road Existing count: 565 Background growth: 181 Project Trips: 111 Total Traffic: 857 Present laneage: 2L LOS D capacity: 880 Projected level of service: D PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: ZC June 2, 2011 Page 230
VEGETATION PROTECTION: The property has been previously cleared. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: The School District has reviewed the request for an Equivalency Determination for the proposed development. On August 6, 2008, the subject property was approved with a school concurrency determination for 181 single-family units and 84 multi-family units for a total of 265 units (Case #: 08100101C). These units became vested with the approval of Resolution of R-2009-0375 on February 25, 2009. The proposal intends to reduce by 17 the number of single-family units from 181 to 164 and to increase by 2 the number of multi-family units from 84 to 86. The total number of the residential units in this application is now 250. Based on the Student Generation Multipliers, the proposed conversion will not increase the number of school age children from the previous approval and, therefore, generates an equivalent impact on schools located in the designated Concurrency Service Area. Please note that this concurrency approval will replace the previous concurrency approval under concurrency case #08100101C. The subject property is located within Concurrency Service Area 15 (SAC 216A). This project is estimated to generate approximately sixty-three (63) public school students. The schools currently serving this project area are: Discovery Key Elementary, Woodlands Middle, and Park Vista High. The Preliminary Master Plan (dated 4/18/11) shows two (2) bus shelter locations. A bus shelter condition of approval has been applied to this request. PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: Approved for 250 residential units (164 ZLL and 86 Townhomes). WATER/SEWER PROVIDER: Palm Beach County Water Utilities. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Development Order Amendments: ZC June 2, 2011 Page 231
When considering a development order application for a conditional or requested use, or a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A conditional or requested use or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The property currently has a Future Land Use designation of LR-3 (per Ord. 2010-025). The proposed request is consistent with the Plan s purposes, goals, objectives and policies, including standards for building and structural intensities and densities, and intensities of use. The proposed amendment is also consistent with the WLWRD Neighborhood Plan, and are thus consistent with Policy 4.1-c of the Comprehensive Plan. The requested amendment to re-configure the master plan and reduce and recalculate the density based on the recently adopted LR-3 Land Use designation and will not have any adverse impacts and will therefore remain consistent with the plan. The Planning Division has determined that the proposed DOA is consistent with the Comprehensive Plan. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The requested DOA complies with all applicable standards and provisions of the Unified Land Development Code (ULDC) for use, layout, function, and general development characteristics. The existing Zoning District is PUD and this request is in conformance with requirements for a PUD. The proposed modification will re-configure the site plan and will reduce the number of total dwelling units and will be in compliance with the requirements for a PUD, as well as the Design Guidelines of the West Lake Worth Road Neighborhood Plan. 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed amendment is compatible and consistent with the existing uses surrounding the site. Currently the subject property is surrounded by uses that have been recently approved prior to or concurrent with the subject property, thus the subject property is compatible with the surrounding uses. In addition, the subject is located within the Lake Worth Road Neighborhood Plan and is consistent with the density identified in the Neighborhood Plan, as well as in compliance with the design guidelines, thus is compatible with the surrounding uses. Finally, the previously approved site plan, which contained a greater number of units, was found, to be compatible with the surrounding uses, thus the proposed amendment is consistent with the surrounding uses. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The design of the proposed amendment minimizes adverse effects, visual impact, and intensity on the surrounding developments. The previously approved plan clustered the higher density workforce housing units near existing lower density residential units while the proposed site plan re-configures the plan dispersing the units evenly throughout the development. In addition, the proposed site plan provides a 30 buffer along Lyons Road and Polo Club Road, which further minimized any adverse impacts. Finally, the proposed plan is in compliance with the Lake Worth Road Design Guidelines, which were developed to minimize adverse impacts. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. ZC June 2, 2011 Page 232
The proposed amendment will not result in any adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposal will result in a logical and orderly development pattern. As stated previously, the request is in compliance with the overall master plan for the area and will not adversely affect the development pattern of the area. The site plan was previously approved and found to be compatible with development patterns and the proposed amendment reduces the number of dwelling units by 14 units. In addition, the properties surrounding the subject site have undergone the Land Use Amendments current with or prior to the subject property, thus will be compatible with the development patterns. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. The subject property is located within the Lake Worth Road Neighborhood Plan and is consistent with the objectives and goals of the Neighborhood Plan, including the Design Guidelines and Master Plan. 8. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Adequate Public Facilities are currently available to the site. This request will not affect concurrency or public facility needs. The previously approved site plan had concurrency approval for 264 dwelling units and the proposed amendment will reduce the overall number of dwelling units, thus public facilities are available to the site. The water and sewer utility provider is Palm Beach County Water Utilities. 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The applicant states that When the Resolutions and corresponding site plan were originally approved, the overall master plan for the area, encompassed in the Neighborhood Plan, had not yet been completed for the area. The Neighborhood Plan was developed by the surrounding residential developments as a result of the approval of the previous Resolution and corresponding site plan for the subject property, as the residents did not approve of the previous plan and the method of achieving the desired density. As such, the West Lake Worth Road Neighborhood Plan was developed, which identifies the maximum densities and a circulation system that are acceptable to the residents and the method which to achieve that density. In addition the West Lake Worth Road Neighborhood Plan contains Design Guidelines identifying requirements to be applied at the zoning level; these design elements were not included in the previously approved Resolution and corresponding site plan. As a result, the previously approved Resolutions and Site Plan were not consistent with this plan for the area and as such the requested amendments are necessary. The applicant further states that the request to delete Landscape Condition 6 is also due to the changed conditions and circumstances described above; however, staff is not in support of the applicant s request to the delete the condition of approval because the proposed development is not considered a compatible use with the existing polo fields to the east of the project. Staff has evaluated the applicant s justification and responses for Standards 1-8 of Article 2.B.1.B, and has determined that the need of the requested change balanced the potential impacts generated by the request. ZC June 2, 2011 Page 233