COMPREHENSIVE PLAN AMENDMENT STAFF REPORT …discover.pbcgov.org/pzb/planning/PCPDF/2017/july/... · The site is located approximately 3 miles from the Delray Beach municipal limits

Item: III.A.1.

17-D Amendment Staff Report 1 Morning Star MLU (LGA 2017-008)

COMPREHENSIVE PLAN AMENDMENT STAFF REPORT AMENDMENT ROUND 17-D

PLANNING COMMISSION PUBLIC HEARING, JULY 14, 2017

A. Application Summary

I. General Data

Project Name: Morning Star MLU (LGA 2017-008)

FLUA Summary: AGR to MLU (CL, HR-8) (with conditions)

Text Summary: Private Text Amendment Summary: To revise the Future Land Use Element to allow the amendment in the Ag Reserve Tier, including to: Increase the amount of commercial square footage in the Tier; Eliminate the requirement that commercial be central to the Tier; Add a new commercial mixed use intersection to the Tier; Allow the MLU designation within ¼ mile of the added intersection; Allow Urban Suburban Tier residential densities in Ag Reserve MLUs

if 40% of units (other than CLF units) are workforce housing; Eliminate the preserve area requirements for MLU projects with 40%

of the residential units as Workforce Housing; Exempt the amendment from the long range traffic req. in Policy 3.5-d.

Acres: 50.99 acres

Location: Northeast corner of Atlantic Ave and Starkey Rd, west of Turnpike

Project Manager: Bryce Van Horn, Senior Planner

Applicant/Owner: Morningside Partners VI, LLC (Ken Bullock) / Morningstar Nursery, Inc. (Paul Okean)

Agent: J. Morton Planning & Landscape Architecture

Staff Recommendation:

Staff recommends denial based upon the findings and conclusions contained within this report

II. Assessment & Conclusion

The proposed amendment represents a significant departure from the Agricultural Reserve provisions recently evaluated and revised by the Board of County Commissioners. The applicant is requesting to introduce Urban/Suburban Tier future land use designations, with densities and intensities not allowed in the Ag Reserve Tier. The proposed amendments essentially rewrite fundamental Agricultural Reserve provisions of the Comprehensive Plan through private text amendments, to accommodate the subject site and potentially allowing other property owners to seek the same entitlements and opening the door to additional sites in the future.

The applicant is proposing to revise existing and introduce new Comprehensive Plan policies to eliminate or circumvent the existing requirements, because the site does not meet the current location requirements for commercial and mixed use in the Tier, exceeds the amount of commercial allowed in the Tier, exceeds the maximum residential density, and does not provide the required 60% preserve area; in addition, the proposed traffic impacts violate the long range


traffic requirements in Policy 3.5-d. The applicant proposes to provide workforce housing, which is an established goal of the Comprehensive Plan; however, the Board has not implemented the County’s Workforce Housing Program in the Agricultural Reserve Tier, and the applicant is proposing to provide 40% workforce housing in lieu of the 60% preserve requirement, which is imposed on all 60/40 planned residential developments, and all commercial developments of more than 16 acres in the Agricultural Reserve. Eliminating or reducing preserve areas is not consistent with the stated objective of agricultural preservation in the Ag Reserve.

The introduction of urban densities sufficiently high to support workforce housing is an issue beyond the scope of one site-specific amendment, which would require BCC deliberation and policy direction in the broader context of housing policy. In addition, the introduction of higher density in the Ag Reserve, a tier with long established low density, will create inequities with other property owners and could trigger requests for similar high density. The formulation of new policy in the County’s Comprehensive Plan which affects and potentially erodes the implementation of Comprehensive Plan Objectives are the task of professional staff for consideration and eventual adoption by the Board of County Commissioners. Allowing the introduction of new policy by property owners has the potential to create internal inconsistencies and erode the integrity of the County’s Comprehensive Plan as a whole.

Given the recent adoption of Board-directed text amendment to the Ag Reserve policies in 2016, there is no basis or justification for the proposed amendments to support increasing density in the Agricultural Reserve Tier, introducing Urban Suburban designations, increasing commercial for alternative locations that are not central to the Tier, and further exempting sites from the preserve requirement. The applicant has not provided an adequate justification or demonstrated that the current designation is inappropriate, and the proposed changes will rewrite fundamental Agricultural Reserve provisions and erode the integrity of the Agricultural Reserve Tier as envisioned by the County in the Ag Reserve Master Plan.


III. Hearing History

Local Planning Agency: Scheduled for July 14, 2017 Board of County Commissioners Transmittal Public Hearing: Scheduled for July 26, 2017 State Review Comments: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\17-D\Reports-Agendas\1-LPA-July14\III-A-1_17-D-MorningStar-FLUA-Rpt.docx


Future Land Use Atlas Amendment Morning Star MLU (LGA 20 1 7 - 008)

Site Data Siz.e: 50.99 acres Existing Use: Nursery Proposed Use: Residential ana Commercial CUrrent FLU: Agricu~ural ReseiVe (AGR) Proposed FLU: Multiple Land Use (MLU)

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Future Larnd Use Designations LR-3 Low Residential, 1 unit per acre AGR Agricu~ural ReseiVe MR-5 Medium Residential, 5 units per acre UT Uil~ies and Transportation HR-8 High Medium Residential, 8 units per acre CU5 Commercial Low underlying M R-5 CUAGR Commercial Low underlying AGR CH/5 Commercial High underlying M R-5

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B. Petition Summary I. General Data

Project Name: Morning Star MLU (LGA 2017-008)

FLUA Summary: AGR to MLU (CL, HR-8) (with conditions)

Text Summary: Private Text Amendment Summary: To revise the Future Land Use Element to allow the amendment in the Ag Reserve Tier, including to: Increase the amount of commercial square footage in the Tier; Eliminate the requirement that commercial be central to the Tier; Add a new commercial mixed use intersection to the Tier; Allow the MLU designation within ¼ mile of the added intersection; Allow Urban Suburban Tier residential densities in Ag Reserve MLUs if 40%

of units (other than CLF units) are workforce housing; Eliminate the preserve area requirements for MLU projects with 40% of the

residential units as Workforce Housing; Exempt the amendment from the long range traffic req. in Policy 3.5-d.

Acres: 50.99 acres

Location: Northeast corner of Atlantic Ave. and Starkey Road, west of Florida’s Turnpike-Atlantic Avenue Interchange

Project Manager: Bryce Van Horn, Senior Planner

Applicant: Morningside Partners VI, LLC (Ken Bullock)

Owner: Morningstar Nursery, Inc. (Paul Okean)

Agent: J. Morton Planning & Landscape Architecture

II. Site Data

Current Future Land Use

Current FLU: Agricultural Reserve (AGR)

Existing Land Use: Agriculture and nursery

Current Zoning: Agricultural Reserve (AGR)

Current Dev. Pot.: Agricultural uses or residential (1 unit per 5 acres or 1 du/acre as AGR-PUD)

Proposed Future Land Use Change

Proposed FLU: Multiple Land Use, with Commercial Low and High Residential, 8 units per acre (MLU, with CL, HR-8)

Proposed Use: Commercial, Residential, and Institutional

Proposed Zoning: Ag Reserve-Multiple Use Planned Development (AgR-MUPD)

Dev. Potential Max/Conditioned:

Mixed use with: Commercial retail up to 155,000 sf, and a 73,000 sf/130 room hotel; Residential up to 360 du; and 115 Congregate Living Facility (CLF) beds.

General Area Information for Site

Tier: Agricultural Reserve Tier – No Change

Utility Service: Palm Beach County Water Utilities Department

Overlay/Study: None

Comm. District: Mary Lou Berger, District 5


C. Introduction

I. Intent of the Amendment The applicant, Morningside Partners VI, LLC, a contract purchaser, is proposing a future land use and text amendments. The proposed future land use amendment is a request for a change from the Agricultural Reserve (AGR) future land use designation, to the Multiple Land Use Future Land Use designation, with Commercial Low and High Residential, 8 units per acre (MLU with CL & HR-8) future land use designations. The goal of the applicant is to obtain approval to allow for development of a mixed use project with commercial, including a hotel, and high density residential uses with a congregate living facility. The MLU affixes the development potential on the site to density and intensity ranges approved by condition of approval and according to a Conceptual Master Plan. The applicant has proposed a condition to limit the Commercial retail square footage to up to 155,000 sf, and for purposes of a 130 room hotel only, up to an additional 73,000 sf (total of 228,000 sf); Residential density up to 8 units per acre, comprised of 360 dwelling units with 40% as workforce housing units, and 115 Congregate Living Facility (CLF) residents (beds) equating to density associated with 48 dwelling units (total of 408 units); or any variation of these uses that generates the same number of trips. The proposed clustering of units in the residential portion of the site ranging in size from a proposed to 20 to 40 acres of the overall 50.99 acre site would result in a net density within the range of approximately 10 to 20 units per acre, a portion of which would be attributable to density needed for a CLF. The proposed Future Land Use Atlas (FLUA) amendment is a request for a future land use designation and density that is not permitted in the Agricultural Reserve Tier. This site does not meet the location requirements for commercial and mixed use in the Tier, exceeds the densities and the amount of commercial allowed in the Tier, does not provide the required 60% preserve area, and the proposed traffic impacts from the site violate the long range traffic requirements of Future Land Use Element (FLUE) Policy 3.5-d. Therefore, the applicant is proposing to amend the text of Comprehensive Plan to revise existing policies and add new policies to allow the proposed FLUA amendment. The applicant’s proposed text amendments are shown with added text in strike out and underline in Exhibit 2. The applicant has also submitted privately initiated amendments (PIA) to the Zoning Division to amend the land development regulations contained in the County’s Unified Land Development Code (ULDC) in order to implement the proposed Comprehensive Plan text and FLUA amendments. However, review of those code amendments would not occur unless the proposed privately initiated Comprehensive Plan Text and FLUA amendments are transmitted by the BCC. A zoning application to rezone the site from the current Agricultural Reserve (AGR) Zoning District to an appropriate zoning district has not been submitted. The applicant has indicated the intent to seek a rezoning to the Multiple Use Planned Development zoning district.

II. Background/History The 50.99-acre subject site is located in the Agricultural Reserve Tier, on the north side of Atlantic Avenue (State Road 806), and on the west side of Florida’s Turnpike-Atlantic Avenue Interchange. The subject site has not been the subject of any previous FLUA amendments. The site is being utilized for agriculture as a plant nursery. There is an approximately 18,000 square foot steel building on the site utilized for the nursery operations.


Overview of the Area The site is located approximately 3 miles from the Delray Beach municipal limits to the east. Since the site is in the Agricultural Reserve, all the land area immediately surrounding the site west of the Florida Turnpike has a FLU designation of AGR. To the north and west are agricultural lands, inclusive of nurseries and farms, that have been designated as Agricultural Preserve areas as part of the Valencia Cove and Ascot (aka Tivoli Isles) 60/40 AGR-PUD’s. There are also several homes to the northwest on the west side of Starkey Road. These homes are on a 60 acre equestrian property known as Irish Acres and used for boarding of horses. Approximately 50 acres is designated as preserve area. Starkey Road is a local two lane roadway that ends approximately 2 miles to the north of Atlantic Avenue. The road is paved up to approximately one mile from Atlantic Avenue with the remaining northern 1 mile unimproved. This road primarily serves the agricultural uses (row crops, nurseries, equestrian), much of it in private ownership. However, the County owns most of the property on either side of the northern 1 mile of Starkey Road. This land represents the largest contiguous acreage, approximately 1,080 acres, of County owned land in the Ag Reserve purchased through the 1999 Bond Referendum and which the County has been leasing for farming. The only residential development near the site in the Ag Reserve is directly across Atlantic Avenue to the south, known as Delray Lakes Estates, a 1 unit per acre development with homes on roughly 1 acre lots. This residential development is one of a few residential communities that were developed prior to the adoption of the Ag Reserve provisions. The next closest residential communities in the Ag Reserve are Tivoli Isles, a 60/40 AGR-PUD, more than 1 ½ miles to the west on State Road 7, and Delray Training Center (aka Mizner Country Club), the first approved 60/40 AGR-PUD (c.1997), about the same distance to the south on Lyons Road. On the Atlantic Avenue corridor, within the Ag Reserve, there is also non-residential commercial CL/AGR FLU and development, which is located mostly within ¼ mile of the intersection of Atlantic Ave. and Lyons Road. The largest development is the Delray Marketplace Traditional Market Place Development (TMD) built with over 278,000 square feet of commercial and approved for 73 multi-family units that are currently un-built. This is one of only two TMD’s approved in 2005 and centrally located within the northern and southern parts of the Ag Reserve. The other TMD, Canyons Towncenter, located at Boynton Beach Blvd. and Lyons Rd., has recently rezoned to a Multiple Use Planned Development (MUPD). Other commercially designated properties around the intersection and to the west of Delray Marketplace either have no zoning approvals or have approval but are as yet un-built. These other unbuilt commercial sites either received a commercial FLU through County initiated FLUA amendments or through privately initiated FLUA amendments. The privately initiated amendments were subsequent to a series of Agricultural Reserve BCC Workshops in March of 2014 and March of 2015, and a year-long “Rountable” process directed by the BCC. Subsequent to the March 2015 Workshop, in July of 2015, the BCC directed staff to process County initiated text amendments, and privately initiated amendments in the Ag Reserve Tier for sites seeking smaller scale, neighborhood oriented commercial uses on a case-by-case basis. The BCC directed County initiated text amendments were adopted on April 27, 2016 (Ordinance 2016-028 http://discover.pbcgov.org/pzb/planning/Ordinances/AGR%20Commercial.pdf) and increased the allowed commercial square footage in the Tier by 30% from 750,000 to 980,000 square feet to allow the additional neighborhood oriented commercial, allowed an alternative to the TMD form of development to allow other sites to rezone to the Multiple Use Planned


Developments zoning district, retained the requirement to locate new neighborhood oriented commercial, in central locations within ¼ mile of the intersection of Atlantic Ave. and Lyons Roads and Boynton Beach Blvd. and Lyons Road, and allowed pre-existing commercial sites to be “squared off.” To the east, outside the Agricultural Reserve Tier, on the east side of the Florida’s Turnpike, there are various Urban Suburban Tier residential and commercial future land use designations including developing developed, and approved but unbuilt projects. These include Commercial Low (CL), Commercial High (CH), Low Residential 3 units per acre (LR-3), Medium Residential 5 (MR-5), and High Residential 8 or 12 (HR-8, HR-12). The built and approved residential developments are comprised of a variety of housing types such as single family, townhomes, and multifamily.

D. Consistency and Compatibility

I. Data and Analysis Summary This section of the report examines the amendment with regard to:

consistency with general policies of County’s Comprehensive Plan; consistency with the Agricultural Reserve Tier Objective; consistency with provisions for Commercial, Residential and Multiple Land Use; Compatibility; applicable Neighborhood or Special Area Plans public facilities and services impacts.

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, the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:

1. The natural environment, including topography, soils and other natural resources;

(see Public Facilities Section) 2. The availability of facilities and services; (see Public Facilities Section) 3. The adjacent and surrounding development; (see Compatibility Section) 4. The future land use balance; 5. The prevention of urban sprawl as defined by 163.3164(51), F.S.; (See

Consistency with Florida Statutes) 6. Community Plans and/or Planning Area Special Studies recognized by the Board

of County Commissioners; and (see Neighborhood Plans and Overlays Section) 7. Municipalities in accordance with Intergovernmental Coordination Element

Objective 1.1. (See Public and Municipal Review Section)

The applicant includes a Justification Statement (Exhibit 4) which proposes that the amendment is justified due to policies in the County’s Comprehensive Plan that place limitations on the amount of commercial that can be developed, the location of commercial and mixed use development, maximum residential density, densities necessary to support provision of workforce housing. The applicant argues that additional commercial is


needed to serve the residents of the Ag Reserve, that increased density is needed to provide for workforce housing and Congregate Living Facilities in the Tier. Excerpts from the applicant’s justification are as follows:

The Ag Reserve population is growing and in need of both housing and commercial retail opportunities. “The proposed FLUA Map Amendment will create a mixed-use node at the intersection of Florida’s Turnpike and West Atlantic Avenue meeting a portion of the projected commercial and housing needs of residents and employees of the Agricultural Reserve Tier. The commercial component will provide additional goods and services necessary to meet the needs of projected population growth, while the residential component will provide a multiple-family housing alternative, including workforce housing, not currently available within the Tier.”

The location is ideally suited for mixed use. “Construction of the Florida’s Turnpike Interchange at West Atlantic Avenue has resulted in increased accessibility to and from the southern portion of the Agricultural Reserve Tier. Related increased traffic and population growth has created demand for additional commercial and housing within the Tier. Additionally, it is important to note that the Property is located at a major transportation node.”

Workforce housing is needed in the area. “The proposed FLUA Map Amendment will provide alternative housing options that were originally contemplated by the Master Plan. The Applicant desires to provide a CLF and multi-family residential units with a major workforce housing component to serve the residents and workers within the Agricultural Reserve Tier. The Agricultural Reserve Tier has been exempt from the requirements of the County’s Workforce Housing program, thus a consistent homogeneous development pattern has continued to develop in the Tier. Developers within this Tier are not required to provide the Workforce Housing units, thus imposing 100% of the burden to provide housing at a lower cost on the developers within with Urban/Suburban Tier.”

Other commercial approvals have set the stage for the subject request, including Delray Marketplace and Canyons. “Other changed circumstances include the recent FLU amendments to Commercial Low (i.e. Dells Suburban Market, Fina Station, Delray Growers, Fuerring Commercial, Seneca, and Stop & Shop) along Atlantic Avenue and within proximity of the Property.”

Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment analysis and many of the items identified above are addressed elsewhere in this report. With regard to justification, none of the applicant’s points provide an adequate justification for amendments to the Comprehensive Plan to introduce Urban/Suburban Tier mixed use (MLU) and high density, 8 units per acre (HR-8) designations into the Ag Reserve Tier, nor is there any justification to eliminate recently adopted commercial and mixed use location requirements or square footage limitations in order to allow additional locations in the Agricultural Reserve Tier. As such, there is no justification to provide a basis to allow for the other proposed associated text amendments and for an exemption to long range traffic policy 3.5-d for the subject site. The applicant proposes that population growth in the Agricultural Reserve supports proposed amendment. However, population growth was anticipated and planned for in the Ag Reserve Master Plan. The recently adopted County initiated Agricultural Reserve Commercial Text amendment, adopted approximately one year ago on April 27, 2016, by Ordinance 2016-028, and effective June of 2016, was meant to establish


a framework for future development in the Tier and re-establish the intent of the Master Plan prepared for the Agricultural Reserve Area in the late 1990’s. The BCC-directed 2016 text amendment was one of the most significant amendments affecting future development in the Ag Reserve Tier since the adoption of a 60/40 Planned Unit Development option in 1995 and the 1999 Master Planning effort. The 2016 amendments were not intended to address needed changes for only the short term, but to reestablish a much longer term objective and establish policy that would set the framework for regulation of a long term development strategy and opportunities, with implementation over many years to come. Those amendments directed by the BCC were the culmination of years of efforts involving most recently two BCC Workshops in 2014 and 2015 and a year-long BCC directed Roundtable process involving stakeholders. The recently adopted text amendment implements Board direction, as stated in the staff report, “to consider additional opportunities for smaller commercial sites and considering the development pattern that has resulted through the implementation of the current policies in the Plan”. As stated in the Final Staff Report, the amendment revised the Future Land Use Element policies regarding commercial and non-residential development in the Agricultural Reserve Tier in order to implement the BCC direction as follows:

Retain the following commercial requirements: o Location within ¼ mile of Lyons/Boynton and Lyons/Atlantic

intersections o Scale, character, design and concurrent zoning application. o Minimum preserve area

Allow ability for smaller commercial sites through: o Increasing the total maximum allowable square footage o Eliminating the Traditional Marketplace requirement and allowing

Multiple Use Planned Developments (MUPDs) o Allowing pre-existing commercial sites to be ‘squared off’

Adding language to provide the history of the Master Planning effort… In their justification, as indicated above, the applicant refers to additional commercial amendments for Commercial Low (CL) on other sites along Atlantic Avenue and Lyons Road and at State Road-7, “Dells Suburban Market, Fina Station, Delray Growers, Fuerring Commercial, Seneca, and Stop & Shop”, and argues that these amendments are changed circumstances that now justify the proposed amendment on the subject site. All of these sites remain unbuilt and therefore any additional commercial has yet to be absorbed by the market and the impact of their development on the Tier as a whole fully realized. In addition, these amendments were adopted within the framework of the Board’s stated intent to address pre-existing commercial sites and allow additional limited opportunities for smaller commercial sites. The text amendment that allowed for additional commercial put in place parameters within which those amendments and future commercial amendments could be considered for the long term. These other commercial sites cannot now be used to provide justification for further changes through privately initiated amendments. Although the Comprehensive Plan does not currently prohibit privately initiated FLUA and associated text amendments, the BCC directed amendments as summarized above were intended to provide long-term guidance. The 2016 text amendment not only enacted provisions to implement the Board’s direction with regard to “additional opportunities for smaller commercial sites,” but the


amendment also linked each revised Agricultural Reserve policy to the original intent stated in the Agricultural Reserve Master Plan. The 2016 amendment, and the policies in place today, reaffirm the intent of the Agricultural Reserve and reflect many of the fundamental principles and objectives that were well established within the Ag Reserve Master Planning documents. As such, they provide a clear foundation for evaluation of any subsequently proposed changes. In summary, the applicant has not demonstrated that the current land use is inappropriate, and has not provided an adequate justification for the introduction of an Urban Suburban mixed use and higher density FLU categories into the Ag Reserve. The proposed amendment represents a significant departure from the current Agricultural Reserve Objective and Policies in the Comprehensive Plan, that were reaffirmed by the Board last year.

2. County Directions - FLUE Policy 2.1-g: The County shall use the County Directions in the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County.

Direction 1. Livable Communities. Promote the enhancement, creation, and

maintenance of livable communities throughout Palm Beach County, recognizing the unique and diverse characteristics of each community. Important elements for a livable community include a balance of land uses and organized open space, preservation of natural features, incorporation of distinct community design elements unique to a given region, personal security, provision of services and alternative transportation modes at levels appropriate to the character of the community, and opportunities for education, employment, health facilities, active and passive recreation, and cultural enrichment.

Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cost efficient timely manner.

Direction 4. Land Use Compatibility. Ensure that the densities and intensities of land uses are not in conflict with those of surrounding areas, whether incorporated or unincorporated.

Direction 7. Housing Opportunity. Ensure that housing opportunities are compatible with the County's economic opportunities by providing an adequate distribution of very-low and low-income housing, Countywide, through the Workforce Housing Program.

Direction 15. Agricultural and Equestrian Industries. Support and enhance agriculture and equestrian-based industries.

Staff Analysis: The County directions are the basis for the goals, objectives, and policies of the Future Land Use Element, and are implemented within the framework of the Managed Growth Tier System, with its diverse areas and objectives. As a result,


the County directions will not necessarily be applied uniformly throughout all Tiers, but will reflect the intent of each Tier. The intent of the Agricultural Reserve Tier is to preserve and enhance agricultural activity, environmental and water resources, and open space. The adopted Ag Reserve provisions implement that objective by limiting development to low densities and requiring clustering, requiring preserve areas, and limiting the location and amount of non-residential development to serve the existing and future residents of the Tier. These provisions primarily promote the “Agricultural and Equestrian Industries” Direction, while balancing this direction with “Livable Communities,” “Growth Management,” “Land Use Compatibility,” and other County directions. In seeking to balance the need for housing opportunities with the objective of preserving and enhancing agriculture, the County has implemented the mandatory Workforce Housing Program only in the Urban Suburban Tier. In the proposed amendments, the applicant proposes to provide for workforce housing in the Agricultural Reserve by increasing allowable residential density to HR-8 (High Residential, 8 units per acre) and providing 40% of the units as workforce housing. In exchange, the applicant is proposing to eliminate the requirement that this project provide a 60% preserve area and would provide a benefit not granted to other property owners who had provided the required 60% preserve area with their approved developments. The applicant’s proposal raises two significant issues with regard to County directions. First, the elimination of the preserve area would be contrary to the preservation and enhancement of agriculture, as fewer acres remain available for agriculture. Likewise, the proposed provision of commercial uses, in an amount and location not anticipated in the Comprehensive Plan, further erodes the opportunities to preserve and enhance agriculture in the Tier. Secondly, the introduction of urban densities sufficiently high to support workforce housing is an issue beyond the scope of one site-specific amendment, which would require BCC deliberation and policy direction in the broader context of housing policy. Given the objective of the Agricultural Reserve and the reaffirmation of the intent of the Ag Reserve in the Comprehensive Plan with the 2016 BCC directed amendment and the associated policy changes, the proposed amendment does not further the County directions.

3. Piecemeal Development – FLUE Policy 2.1-h: The County shall not approve site

specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels.

Staff Analysis: Not applicable, as parcels adjacent to the subject site do not appear to be under the same or related ownership.

B. Consistency with Agricultural Reserve Tier Objective OBJECTIVE 1.5 The Agricultural Reserve Tier 1. Objective: Palm Beach County shall preserve the unique farmland and wetlands in order

to preserve and enhance agricultural activity, environmental and water resources, and open space within the Agricultural Reserve Tier. This shall be accomplished by limiting uses to agriculture and conservation with residential development restricted to low


densities and non-residential development limited to uses serving the needs of farmworkers and residents of the Tier. The Agricultural Reserve Tier shall be preserved primarily for agricultural use, reflecting the unique farmlands and wetlands within it.

Staff Analysis: The applicant’s proposed amendment does not preserve or enhance agricultural activity as it does not propose to preserve land for agriculture. In fact, it proposes to remove more than 50 acres of land in its entirety from agriculture and replace it with commercial beyond the parameters reestablished and adopted by the BCC in April of 2016, and high density residential contrary to the Objective to “limiting uses to agriculture and conservation with residential development restricted to low densities and non-residential development limited to uses serving the needs of farmworkers and residents of the Tier”. Density in the Tier is allowed at 1 unit per 5 acres with the maximum Planned Development gross density at 1 unit per 1 acre, clustered into a smaller development area. The resulting net density in a development area is typically less than 2.5 units per acre with a 250 acre minimum 60/40 AgR-PUD. Even the highest of the low density Urban Suburban Tier residential categories of Low Residential, 3 units per acre (LR-3) results in a maximum of 3 units per acre. Low densities as stated in the Ag Reserve objective is supported by the current Policies that limit density to a maximum of 1 unit per acre. The applicant is proposing an Urban Suburban Tier designation of High Residential, 8 units per acre, to be clustered in a proposed 20 to 40 acre residential portion of the site for a net density of approximately 10 to 20 units per acre. The resulting gross density would be 8 times that of the current maximum low density allowed in a current planned development and 8 to 16 times the net density. Additionally, the proposed amendment does not further the Objective to preserve the Agricultural Reserve primarily for agricultural use. In addition, the impacts of the proposed text amendments are not limited to the subject site, and could facilitate similar requests in the future, further eroding the objective. In fact, the only amendments proposed that are specific to the amendment site are the FLUA amendment from AGR to MLU (with CL and HR-8) and the proposed exemption to Policy 3.5-d. All of the other proposed text amendments would set up a situation in the Comprehensive Plan that will allow for other sites in the Ag Reserve to request an MLU designation with a small number of future changes to the text of the plan to accommodate other sites in the Tier. The proposed text changes open the Ag Reserve to Commercial mixed use requests beyond the scope of this amendment and rewrite the provisions and expand the parameters set by the BCC-directed amendment adopted in April of 2016. Because of both the site-specific and broader implications, the amendment is inconsistent with the Objective. Finally, this request proposes to introduce new policies into the Comprehensive Plan through the existing private text amendment process. This represents a substantial deviation of long established planning principles and practice since the preparation of the Comprehensive Plan, and subsequent amendments to text ( i.e. Policies) of the Plan, and which affect and potentially erode the implementation of Comprehensive Plan Objectives, are the task of professional staff for consideration and eventual adoption by the Board of County Commissioners. Allowing the introduction of new policy by property owners has the potential to create internal inconsistencies and erode the integrity of the County’s Comprehensive Plan as a whole.


C. Consistency with Agricultural Tier Requirements and Multiple Land Use

Requirements

The following section examines the applicant’s proposed amendments for consistency with the applicable adopted provisions of the Comprehensive Plan. Because applicant’s proposed amendments address a range of topics, this section is organized into three areas: Ag Reserve Commercial Provisions, Ag Reserve Residential Provisions, and Multiple Land Use Provisions. In each section, the pertinent adopted policies of the Comprehensive Plan are listed, followed by a summary of the amendment proposed by the applicant, and the staff analysis of the proposed changes.

1. COMMERCIAL PROVISIONS Adopted Comprehensive Plan Policies: The Comprehensive Plan limits the amount, type and location of commercial development in the Agricultural Reserve, to further the objective of preservation and enhancement of agriculture. Plan policies include:

Policy 1.5.1-m: Agricultural Reserve Commercial and Mixed Use Planned Developments. All commercial and mixed use Planned Developments are intended to provide one or more uses in a manner that is compatible with the scale and character of the surrounding residential uses and designed to promote a sense of place. The commercial and mixed use Planned Developments provide uses that can include shopping, entertainment, business, services, employment, cultural, civic, schools, places of worship, government services, and/or housing opportunities in a manner that increases a sense of community by creating a stronger pedestrian orientation through design, placement and organization of buildings connected to a common public space, while dispersing parking and respecting and maintaining the character of the surrounding area. The commercial and mixed use Planned Developments are intended to provide neighborhood and community serving scaled uses. Regional and large-scale big-box uses are not permitted. Policy 1.5-j: Commercial and mixed use uses in the Agricultural Reserve Tier shall be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farm worker community, existing residents, and future residents of the Tier. Policy 1.5-l: In order to facilitate community growth, reduce traffic, and maintain open space, the County shall limit the locations of new commercial and mixed use future land use designations within the Agricultural Reserve Tier to within two commercial-mixed use centers. These centers are central to the Tier and intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. The two commercial-mixed use centers define the areas within 1/4 mile of the intersections of Lyons Road and Boynton Beach Boulevard, and the intersection of Lyons Road and Atlantic Avenue. In addition, the pre-existing commercial properties identified in Policy 1.5-i are allowed, and the County may consider future land use amendments for sites that share a common property line with pre-existing commercial properties identified in Policy 1.5-i to square off those locations. Policy 1.5-m: The County shall ensure a sustainable development pattern is achieved in the Agricultural Reserve by allowing commercial uses while ensuring that the supply


of commercial square footage does not exceed the demand of the farm workers and residents of the Tier. The County may approve a maximum of 980,000 square feet of commercial uses (retail, service and office) within the Tier. Policy 1.5.1-a: In order to preserve and enhance agricultural activity, environmental and water resources, open space, and sustainable development within the Agricultural Reserve Tier, all new residential, commercial, industrial, and/or mixed use developments shall be developed as an Agricultural Reserve Planned Development that contributes to the fulfillment of these objectives by meeting the preserve area requirements, subject to the provisions of this Element, with the exception of 1) Residential subdivisions predating the Ag Reserve Tier and those that are subdivided at 1 unit per 5 acre density; 2) pre-existing commercial sites identified in Policy 1.5-i which develop at the square footages identified within the Policy; and 3) the sites which received an industrial future land use designation as part of the adoption of the 1989 Comprehensive Plan. Policy 1.5.1-q: AGR-Multiple Use Planned Development. New Agricultural Reserve Multiple Use Planned Developments (AgR-MUPD) in the Ag Reserve Tier shall meet the following requirements: 1. Preserve Areas shall not be required for a property that is 16 acres or less in size

as of January 1, 2016. For purposes of this policy, the term ‘property’ is defined as a property control number as configured on January 1, 2016. The acreage shall be exclusive of right-of-way as shown on the Thoroughfare Right of Way Identification Map;

2. Preserve Areas shall be required for a property that is greater than 16 acres in size as of January 1, 2016. For purposes of this policy, the term ‘property’ is defined as a property control number as configured on January 1, 2016. For such properties, the Development Area shall not exceed 40 percent of the gross acreage less right-of-way as shown on the Thoroughfare Identification Map;

3. The Development Area for commercial and mixed use projects shall meet the Ag Reserve Design Elements; and

4. Required Preserve Areas shall be subject to the standards and requirements of an AgR-TMD preserves.

Policy 1.5-o: All future land use amendments seeking a Commercial designation in the Agricultural Reserve Tier are encouraged to be accompanied by a concurrent zoning application in order to demonstrate that the proposal meets the design, scale, and character requirements of the Tier.

Applicant’s Proposed Additions and Revisions: In order to accommodate the site-specific amendment, the applicant proposes a number of changes to the adopted Commercial provisions, as summarized below and detailed in Exhibit 2:

Revise Policy 1.5-m to increase the cap of commercial square footage from 980,000 to 1,135,000 square feet for retail, office, and services uses with an additional 73,000 square feet of hotel for a total of 1,208,000 square feet.

Revise Policy 1.5-j to delete the requirement that commercial and mixed uses be “located central to the Tier”

Revise Policy 1.5-l to also add a third eligible location for new commercial or mixed


use development

Revise Policy 1.5-.1-q to exempt the subject site from the preserve area requirements, through the addition of a provision that grants up to a 100% reduction in the Preserve Area acreage when for Multiple Land Use developments that provide a minimum of 40% of the residential units (excluding CLF beds) as Workforce Housing units

Create a new policy establishing parameters for Multiple Land Use Developments in the Ag Reserve, requiring a minimum size of 50 acres, limiting the commercial portion to 40%, limiting the location to within ¼ mile of the intersection of Atlantic Avenue and the Florida Turnpike, and requiring a minimum of 40 percent of the total number of residential units as Workforce Housing units (not including CLF beds).

Staff Analysis of Applicant’s Proposed Additions and Revisions: A fundamental tenant of the Ag Reserve Master Plan was to focus the non-residential development internal to the Tier, at central locations, to build a strong community base. The adopted policies limited the eligible commercial-mixed use locations to within ¼ mile of Lyons/Boynton and Lyons /Atlantic. The 2016 BCC-directed amendment reestablished that foundation. The applicant’s proposed amendment would both increase the number of nodes and eliminate the requirement for their central location, to allow for interchange-style development of the subject site. The proposed location at the edge of the Ag Reserve, and at a Turnpike interchange, is inconsistent with the fundamental premise of centrally-located, neighborhood serving commercial locations. In addition, because of the configuration of the subject site, the proposed Multiple Land Use designation would extend for ½ mile north of Atlantic Avenue, which is inconsistent with the limitation imposed on other commercial or mixed use in the Agricultural Reserve. In addition to increasing the number of eligible locations, the applicant proposes to increase the total amount of square footage allowable for commercial uses in the Agricultural Reserve Tier. This policy was recently revised in April 2016 to reflect Board direction to allow additional neighborhood-serving, small scale commercial development in the Tier to be considered on a case by case basis. The April 2016 amendment increased the commercial cap by 30% from 750,000 s.f. to 980,000 s.f. The new figure reflected the ratio of commercial to residential development anticipated in the Ag Reserve Master Plan. As indicated in the table below, through January of this year, approximately 590,210 s.f. of commercial uses had been approved, of which 512,608 s.f. has been built and 77,602 was approved but un-built. Since January, the Board has adopted or transmitted seven privately proposed future land use amendments for an additional 389,790 s.f. of commercial uses. All of the commercial square footage allowed in the Ag Reserve Tier has been allocated. The additional 228,000 s.f. proposed by the applicant represents an additional 23% increase in the current cap, which was itself a 230,000 s.f., or 30% increase, over the original cap of 750,000 s.f. that was in place prior to April of 2016. Therefore, the commercial development proposed by the subject site is in excess of the cap of commercial square footage for the Tier.


Commercial Sites in the Ag Reserve

The proposed amendments also include a provision to exempt projects that provide two or more housing types and at least 40% workforce housing from the requirement to provide preserve area. Under adopted policy, commercial developments of greater than 16 acres are required to set aside 60% preserve area, consistent with the requirement placed on residential 60/40 developments. The elimination of the preserve area would be contrary to the Tier objective of preservation and enhancement of agriculture, as fewer acres remain available for agriculture. The applicant proposes to introduce workforce housing in the Ag Reserve in support of County directions and objectives. However, in seeking to balance the need for workforce housing in the County with the objective of preserving and enhancing agriculture in the Ag Reserve Tier, the County has implemented the mandatory Workforce Housing Program only in the Urban Suburban Tier. In addition to enabling the mixed use development of the subject site, the proposed text amendments would have impacts beyond the subject site, and could facilitate similar requests in the future, further eroding the objective of agricultural preservation. If these amendments were to be adopted, other sites in the Ag Reserve could request an MLU designation with a small number of future changes to the text of the Plan.

The proposed amendments rewrite fundamental Agricultural Reserve provisions of the Comprehensive Plan though private text amendments, to accommodate the subject

Site Acres Built

Sq. Ft. Approved/Proposed

Retail & Office Sq. Ft.

Existing Commercial

Canyons Town Center 26.75 190,094 211,933

Delray Marketplace 33.20 278,940 278,940

Small CL Sites 1.83 22,712 22,712

Pre-existing Commercial 19.29 20,832 76,625

Existing Sites 81.07 512,608 590,210

Alderman 15.34 0 133,642

Homrich 13.44 0 29,400

Delray Growers 11.15 0 86,744

Adopted 16-B Round (April, 2016) 39.93 0 249,786

Feurring 4.91 0 42,776

Smigiel (additional sf) 4.35 0 26,670

Adopted 16-C Round (August, 2016) 9.26 0 69,446

Stop & Shop (additional sf) 5.11 0 32,020

Adopted 16-D Round (October, 2016) 5.11 0 32,020

Seneca Commercial 4.51 0 38,538

Adopted 17-A Round (January, 2017) 4.51 0 38,538

Total Adopted 2016/2017 58.81 0 389,790

Existing + Approved in 2016/2017 139.88 512,608 980,000


site but potentially opening the door to additional sites in the future. Because of both the site-specific and broader implications, the amendment is inconsistent with the fundamental premises of the Ag Reserve.

2. RESIDENTIAL PROVISIONS

Adopted Comprehensive Plan Policies: The Comprehensive Plan establishes the basic density for the allowable types of development in the following policy:

Policy 1.5-h: Residential uses shall be permitted within the Agricultural Reserve Tier under the Agricultural Reserve land use designation as further regulated by the Unified Land Development Code. Consistent with the provisions of Future Land Use Policy 2.1-b and Table III.C.1, the land shall be allowed to develop at a density of one dwelling unit per five acres (1DU/5AC), unless the property meets the requirements for an Agricultural Reserve Planned Unit Development (AgR-PUD), Agricultural Reserve Multiple Use Planned Development (AgR-MUPD), or an Agricultural Reserve Traditional Marketplace Development (AgR-TMD) as described in Future Land Use Sub-Objective 1.5.1, in which case the land may be developed at a density of one dwelling unit per acre.

Applicant’s Proposed Additions and Revisions: In order to accommodate the site-specific amendment, the applicant proposes a number of changes to the adopted Residential provisions. The changes proposed by the applicant are summarized below and detailed in Exhibit 2:

Revise Policy 1.5-h to exempt properties with a Multiple Land Use future land use

designation from the density cap of 1 unit per acre

Create a new policy allowing for AGR-MLUs to develop at a density greater than one dwelling unit per acre only if providing a minimum of two housing types, and including a minimum of 40% workforce housing units. CLF facilities would count as a housing type, but would not be required to provide workforce housing units.

Revise Table III.C “Future Land Use Designation by Tier,” to allow the MLU designation in the Ag Reserve Tier and to allow any of the urban residential designations (LR-1 through HR-12) as underlying densities used to calculate the allowable number of units and CLF beds.

Staff Analysis of Applicant’s Proposed Additions and Revisions: The applicant’s proposed amendments would exempt properties with a Multiple Land Use (MLU) future land use designation from the Ag Reserve density cap of 1 unit per acre, provided that a minimum of two housing types are provided and that a minimum of 40% workforce housing is provided. The proposed changes are not limited to an HR-8 Urban Suburban Tier residential FLU designation but also allow for any of the Urban Suburban Tier residential future land use designations (up to High Residential, 12 units per acre) to be approved in the Ag Reserve for the purposes of a Multiple Land Use development. Each privately proposed MLU could achieve up to the maximum density proposed by the future land use designation requested; this site specific amendment for the subject property is proposing High Residential, 8 units per acre. There are no MLU properties in the Tier today – any additional sites would need to be reviewed and adopted by the Board during individual future land use amendments and text amendments.


The proposed high density residential is contrary to the Ag Reserve Objective of “limiting uses to agriculture and conservation with residential development restricted to low densities and non-residential development limited to uses serving the needs of farmworkers and residents of the Tier”. To implement this objective, density in the Tier is limited to 1 unit per 5 acres, with a maximum density of 1 unit per acre in the 60/40 AgR-PUD Planned Developments. These require 250 acres minimum, and clustering of the units onto a 40% development area. The net density in a development area is typically 2.5 units per acre or less. For the subject site, the applicant is proposing 8 units per acre to be clustered, within a proposed 20 to 40 acre residential portion of the site, for an approximate net density of approximately 10 to 20 units per acre, inconsistent with the low-density objective of the Ag Reserve. The implication for such density increases is that existing approvals or other uncommitted lands would seek similar density contrary to the Agricultural Reserve Master Plan efforts and the leading to the potential inconsistencies with the Objective of the Agricultural Reserve Tier. With regard to the proposed workforce housing component, the applicant proposes to develop at a density of HR-8, and provide a minimum of 40% workforce housing units, in lieu of the required 60% preserve area. The County has implemented the mandatory Workforce Housing Program only in the Urban Suburban Tier. The introduction of urban densities sufficiently high to support workforce housing is an issue beyond the scope of one site-specific amendment, which would require BCC deliberation and policy direction in the broader context of housing policy. 3. MULTIPLE LAND USE PROVISIONS

Adopted Comprehensive Plan Policies: The Comprehensive Plan establishes parameters for Multiple Use future land use through several policies:

Policy 4.4.2-a: The Multiple Land Use (MLU) future land use designation may be applied for through the Future Land Use Atlas amendment process. The MLU is project specific and is limited to projects that demonstrate a functional integration and mix of land uses which exceeds zoning code requirements.

Policy 4.4.2-c: The County may impose mitigation measures on a proposed MLU during the amendment review process. Mitigation measures may include, but are not limited to, the following:

1. The requested intensity and/or density of the project may be altered. 2. The mix of land uses may be restricted to ensure that an efficient and appropriate

land use balance is achieved within the project. 3. Conditions may be imposed to ensure that environmentally sensitive portions of

the property are protected and/or to ensure preservation of existing native vegetation.

4. Timing criteria may be imposed on a proposed MLU designation when deemed essential to assure that necessary and appropriate land uses are developed in a timely manner and to assure reasonable and appropriate development opportunities for other property owners. Failure to comply with imposed timing criteria may result in the County’s initiation of a FLUA amendment to remove the MLU designation and replace it with the site’s original land use designation.


Policy 4.4.2-b: The following minimum standards shall apply to proposed MLU designations during the amendment review process and will be affixed to the approved MLU project in the adopting ordinance:

1. Underlying Land Use Designations: The MLU is an umbrella category which

requires a minimum of two different future land use designations at least one of which shall be residential. The project shall have minimum and maximum intensities/densities for each land use. The following criteria shall apply towards the land use designations:

a) Residential Density: The maximum number of units for the parcel shall be

calculated by multiplying the total acreage of the parcel by the density permitted through the residential designation. Additional density may be allowed, through the Transfer of Development Rights program, the Workforce Housing Program, or the Affordable Housing Program following an approval of an MLU project.

b) Non-residential Intensity: The maximum intensity for each proposed non-residential use shall be calculated by assigning all non-residential uses a percentage of the total site area, not to exceed 100% for vertically integrated projects; 50% for non-vertically integrated projects. The maximum intensity for each of the projects non-residential land use designations may be reduced by the County, during the review process considering the extent of integration of uses within the project.

2. Conceptual Master Plan: The project shall include a conceptual master plan,

which depicts (in a generalized or conceptual map format) the location of the various land uses, specifically including the location of open spaces and linkages which functionally integrate the different land use categories. The conceptual master plan shall comply with the following criteria:

a) Land Use Integration: The project must demonstrate functional integration

between the project’s land uses in the master plan. To facilitate integration, the placement of an interconnected system of streets within both the residential and non-residential components is required.

b) Open Space: At a minimum, 10% of the property must be committed to usable open space (as defined by the Introduction and Administration Element). Open space must functionally integrate the project’s land uses and may be applied to the recreation and/or parks requirements or other required civic dedication of land during the development review/re-zoning process, excluding right of way dedication. Water retention, lakes, drainage, and canals shall not be considered usable open space.

c) Pedestrian Oriented/Non-vehicular Pathways: The master plan must include a pedestrian/non-vehicular circulation system that integrates the project’s land uses and open spaces. All rights-of-way or parking access drives must have shaded pedestrian pathways.

d) Mass Transit: The project and master plan must provide for mass transit and/or public transportation facilities.

3. Exceeding Code Requirements: The project must demonstrate that it exceeds

minimum requirements in the ULDC and may concurrently submit an


application for the Zoning review process for the entire site. In the event of a conflict between the project’s development standards or design guidelines and the existing ULDC requirements, the more restrictive requirement shall prevail.

4. Design Guidelines: To ensure that the project exceeds minimum Code requirements, the project may include design guidelines to identify built form and site design requirements, which may include:

a) Vehicular and pedestrian circulation system, lighting, signage,

recreation/open space/public amenities, buffering, landscaping requirements;

b) Conceptual landscape plans and streets cross-sections; and

c) Architectural features and use limitations may also be included.

5. Minimum Acreage: The minimum acreage for an MLU project is 10 acres. 6. Unity of Control: The non- residential portions of an MLU project shall be

required to be the subject of a Unity of Control at the time of rezoning to ensure a consistent and cohesive project.

Staff Analysis of Applicant’s Proposed Additions and Revisions: Applicant is not proposing revisions to these policies, but is required to be consistent with these, and has reflected this in one proposed new policy. Based on the MLU policies above, "The MLU is project specific and is limited to projects that demonstrate a functional integration and mix of land uses which exceeds minimum zoning code requirements". Currently, the MLU FLU is designed to be applied to sites within the Urban Suburban Tier, where higher densities, intensities, and full complement of urban services is available. The Comprehensive Plan Policy 1.5-o encourages all future land use amendments seeking a commercial designation in the Ag Reserve to submit a concurrent zoning application. The 2001 staff report that that originally established this policy states that that “the requirements serve to ensure that, given the caps on acreage and square footage within the Tier, the Board of County Commissioners can fairly evaluate all submittals and approve only those which best exemplify the County's goals in the area.” The proposed amendment does not have a concurrent zoning application. The MLU policies also provide that a project, through a concurrent rezoning, "may" be submitted and that design guidelines "may" be submitted also. Either one or both serve to further ensure compliance with the MLU policies. The applicant has not submitted a concurrent zoning application for a "project". The applicant has instead proposed a condition that would require a concurrent Zoning application considered with the adoption of this proposed amendment. In order to fully vet the proposed privately initiated ULDC amendment which are required to be submitted, a zoning application is necessary in order to evaluate whether the ULDC amendments can address all the requirements of development on the site and are consistent with and implement proposed FLUA and text amendments. The current minimum requirements for review against the above existing MLU policies is that a Conceptual Master Plan (CMP) be submitted with the FLUA application and that the project shall have minimum and maximum intensities/densities for each land use. The


CMP and minimum and maximum intensities and densities for each land use is required to be affixed to the FLUA adopting ordinance. The Conceptual Master Plan submitted by the applicant does not provide adequate information to demonstrate compliance as follows:

The CMP shows a horizontally integrated project but the residential units in the residential land use are not functionally integrated with the commercial given the CLF and hotel are located between the proposed residential units and the non-residential. The project is long and narrow with residential units located up to ½ mile from non-residential commercial retail uses;

The CMP does not include the location of open spaces (and linkages) which functionally integrate the different land use categories of commercial and residential within the MLU;

The CMP does not show at least 10% of site committed to usable open space as defined in the Introduction and Administration Element. The CMP currently shows “Pedestrian Amenity/Connection” graphics within the commercial land use and various focal points;

As it cannot be determined where usable open spaces are on the CMP, it cannot be determined whether the required “Pedestrian Oriented/Non-vehicular Pathways” integrate the project’s land uses and open spaces;

The CMP is required to provide for Mass Transit. As there currently is no Mass Transit at this location, it not clear how the applicant intends to comply with this provision. The Mass Transit provision is evidence however that the MLU mixed use FLU designation is more suited for sites in the Urban Suburban Tier where a full complement of public services is planned and available to serve higher density/intensity development;

Per Policy 4.4.2-a above, as an MLU is project specific and “is limited to projects that demonstrate a functional integration and mix of land uses which exceeds minimum zoning code requirements”, the applicant has not demonstrated how a project on this site will exceed minimum zoning code requirements. The applicant has not indicated whether the standard will be the privately initiated ULDC amendments and that project will then be designed to exceed them or other solution to address consistency with the policy.

The main incentive that a project receives, if consistent with the above policies, is the ability to "double dip" with regard to density, meaning that an MLU project may calculate 100% of its allowable residential density based on the gross acreage of the entire MLU site (50.99 acres), and not solely the residential portion. This yields a greater number of allowed units to be clustered on a smaller portion of the site. Typically, an MLU may be able to calculate 100% of its intensity based on the sites gross acreage as well. For this site however the non-residential intensity is limited to that which is proposed (155,000 s.f. of commercial retail and a 73,000 sf, 130 room hotel). Based on this analysis, the applicant has not demonstrated that the CMP, as proposed, is consistent with MLU policies.


D. Consistency with Long Range Traffic Requirements The proposed amendment is requesting a text amendment to exempt the amendment from long range traffic requirements in Future Land Use Element Policy 3.5-d. FLUE Policy 3.5-d. [Excerpt] 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):

Applicant’s Proposed Changes: The applicant proposes to exempt the subject site (specifically limited by the conditions of approval identified in Exhibit 1) from this policy through the addition of the following sentence at the end of the policy: “This policy shall not be applicable to the 50.99 acre AgR-MLU located at the northwest corner of the Florida Turnpike and Atlantic Avenue, Delray Beach, as amended by FLUA Amendment Morningstar Nursery (LGA 2017-008)”. Staff Analysis: Policy 3.5-d of the Future Land Use Element provides that the County shall not approve a change to the Future Land Use Atlas which 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 impacts. The concept is to not over burden roadways that are already anticipated to be over capacity in the future. The one roadway segment that is anticipated to be over capacity in 2040 that will be impacted by this amendment is discussed in the Public Facilities Traffic Analysis Section of this Report. Typically, an applicant for a proposed future land use amendment will place a maximum square footage or dwelling unit cap on a proposed future land use amendment in order to meet the Policy’s long range traffic requirements. As summarized above, the applicant has requested that Policy 3.5-d be revised to exempt the subject site since the proposed intensity and density is inconsistent with Policy 3.5-d. Policy 3.5-d is one of several policies in the Comprehensive Plan that help ensure the proper monitoring and functioning of local roads. Policy 3.5-d is a local policy not required by Chapter 163. Exempting an application from Policy 3.5-d does not exempt any of the area subject to the amendment from concurrency, nor create an inconsistency with state concurrency requirements. Concurrency is regulated by Transportation Element Policy 1.1-b of the Comprehensive Plan and is demonstrated at the rezoning/development order stage, not the plan amendment stage.

The Board of County Commissioners has granted an exemption from Policy 3.5-d for a limited number of specific areas and economic development projects on over-riding public policy grounds as summarized below:

The Agricultural Enclave in order to accommodate the residential densities supported by the Agricultural Enclave legislation;

Inland Logistics Center (LGA 2010-024) in order for the site to proceed pursuant to the settlement agreement approved by the Board of County Commissioners in


May 2010 to resolve the noncompliance finding for the 09-1 Okeelanta ILC amendment;

The Indian Trails Grove (LGA 2016-017) since the concurrency studies, and commitments by other developments, indicated that many of the long-term deficiencies could be effectively addressed by providing more lane and intersection capacity than what was expected in the long range model, and the project was to provide a public benefit to address drainage issues

The applicant’s suggested revisions would allow the subject site to be exempt from compliance with Policy 3.5-d. However, there is no current overriding public benefit or reason to support a change. In this case there are reasons under the current Ag Reserve objective and policies, with emphasis on the recent BCC directed text amendment, that would not warrant an exemption to the policy. Given the lack of justification for this site specific FLUA and text amendment, there is no basis to support the text amendment to Policy 3.5-d to exempt the site from compliance. The proposed amendment does not demonstrate the characteristics of any of the prior sites that were granted Policy 3.5-d exemptions. The proposed exemption is not driven by legislation, does not provide a significant economic development benefit, and does not have traffic impacts that would be offset by future roadway improvements. Additional information regarding the traffic analysis for the proposed amendment is provided under Section G. Public Facilities and Services Impacts.

E. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. The applicant lists the surrounding uses and FLU designations and provides a compatibility analysis in Exhibit 3. Surrounding Land Uses: Surrounding the subject site are the following:

North – Designated with AGR. Immediately north of the subject site is a 19-acre wholesale nursery known as Redwing Farms. This property has been rezoned as part of Valencia Cove 60/40 AgR-PUD and is designated as the Redwing preserve area. Density has been allocated to the Valencia Cove development area further north on Lyons Road. Further north on Starkey Road are other preserve areas for Fogg North 60/40 AgR-PUD (aka Canyon Lakes) currently in nursery use and also the largest contiguous acreage of County owned land in preserve status. This County owned land was purchased with funds from the 1999 Bond referendum and is leased to farmers. This land is currently in row crops.

Northwest - To the northwest on the west side of Starkey Road is property that has also been designated as preserve as part of Ascot 60/40 AgR-PUD (aka Tivoli Isle). The property has three five acre portions that were not included in the preserve area as they were each developed with single family homes. The preserve area is in equestrian and nursery use. The density was allocated to the development area of Tivoli Isles at the northeast corner of Atlantic Ave. and SR-7. All of these lands are designated as AGR FLU.

West –Also designate as AGR to the west of the subject site across Starkey Road is a large property (approximately 150 acres) also designated as preserve area for Valencia Cove. This property is currently in row crops.


East – Adjacent to the subject site is the LWDD E-2 canal and the Florida’s Turnpike-Atlantic Avenue Interchange. Further east is the Urban Suburban Tier and the Atlantic Commons PUD with MR-5 FLU. A 5-acre property fronts on Atlantic at the entrance to Atlantic Commons and is designated as CL/5. Further east are other Urban Suburban properties designated with Commercial High, MR-5, and HR-12.

South – The subject site has 67o feet of frontage on Atlantic Ave. to the south. Across

Atlantic Ave. is Pro Gardens, a 10-acre wholesale/retail nursery and the Delray Lakes Estates residential community. Delray Lakes Estates was approved at a density of 1 unit per acre. As it was developed prior to the Ag Reserve provisions there is no preserve area and is exempt from the Ag Reserve provisions. Both the Pro Garden property and Delray Lakes are designated with AGR FLU.

FLUE Policy 2.1-f states that “the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity.” And FLUE Policy 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.”

The applicant indicates that the proposed amendment is compatible with surrounding uses based on the following:

1. “Primary access is available from West Atlantic Avenue, a designated Urban Minor Arterial road, thus directing traffic away from local roads in the vicinity.

2. Proximity to the intersection of Florida’s Turnpike and West Atlantic Avenue is a proposed location for mixed-use development to serve the Agricultural Reserve Tier. On this basis, the proposed development concept at this location is determined to be compatible.

3. The proposed use is consistent with the mixed use development pattern that has occurred along the West Atlantic Avenue corridor at, or near, its intersections with major north-south roads. In addition to agriculture, the mix of uses includes the following: Civic - U.S. Post Office facility, Our Lady Queen of Peace and Mission Medical Center Industrial - (Synergy Gas, Half-Mile Industries, Windmill Sprinkler and Hardware, Sunshine Golf Carts, Delray Collision Center, Blue Bell Creameries, and Storage Zone Self-Storage) Commercial - Stop and Shop, Peanuts Country Store/Shell Gas, Delray Market Place, Seneca, Fuerring/Sh and Lyons Service Center.”

Staff Analysis: The applicant proposes a text amendment to allow this location to serve as an additional allowed location for commercial mixed use, in order it for it to be recognized as compatible with surrounding uses and FLU. However, the site is surrounded to north, northwest, and west by both private and publicly owned preserve areas that are all in agriculture. This is not a compatible FLU category given these circumstances and could have adverse impact on the continued agricultural operations on all these properties inconsistent with the Objective of the Ag Reserve Tier. Regarding primary access, the County’s Engineering Department, Land Development Division, have indicated that the site’s primary access is from Starkey Road for which the site has approximately one half mile of frontage on and has indicated that Starkey Road will be required to be constructed to collector road standards. Thus this will not direct


traffic away from Starkey Road which is currently a local road serving almost exclusively agricultural uses. Additionally, the other development was planned or recognized as pre-existing through the Master Planning efforts and recent amendments. Therefore, they cannot now be used to support an argument that a proposed commercial mixed use FLU on the subject site is consistent with these other developments. Therefore, given the surrounding FLU’s and existing development, and the recently adopted BCC directed amendments, staff does not find that the proposed FLU is compatible with the surrounding FLU and uses and therefore does not further the Goals, Objectives, and Policies of the Plan.

F. Consistency with County Overlays, Plans, and Studies 1. Overlays – FLUE Policy 2.1-k states “Palm Beach County shall utilize a series of overlays

to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series.”

Staff Analysis: The proposed amendment is not located within an overlay. It is located within a Growth Management Tier (Agricultural Reserve Tier) as identified on Map LU 1.1, Managed Growth Tier System, in the Map Series of the Comprehensive Plan. Since 2001 there have been numerous amendments to the Agricultural Tier policies, with some of the most significant adopted recently subject to multiple BCC Workshops and yearlong Roundtable.

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 property is not located within a neighborhood plan. It is located within the Ag Reserve which was the subject of the Ag Reserve Master Plan for which policies have been adopted in the Comprehensive Plan in 2001 in order to implement the Master Plan recommendations. Since 2001 there have been numerous amendments to the Agriculture Reserve Tier policies.

G. Public Facilities and Services Impacts The proposed amendment would change the development potential of the site to allow for the maximum density and intensity identified in the Conceptual Master Plan and within the proposed conditions of approval to be adopted by ordinance. Public facilities impacts are detailed in the table in Exhibit 4. 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 regarding whether adequate public facilities and services are available to support the amendment, and whether the amendment exceeds natural or manmade constraints. No adverse comments were received from the following departments and agencies regarding impacts on public facilities:

Zoning (ULDC), Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Historic Resources (PBC Archeologist), Parks and Recreation, Health (PBC Dept. of Health), Community Services (Health & Human Services) and Fire Rescue, School District.

2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which:

1) results in an increase in density or intensity of development generating additional

traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard “D” based upon cumulative traffic comprised of the following parts a), b), c) and d):………

The 3.5-d Traffic study prepared by the applicant (Exhibit 7) provides an analysis of the traffic impacts of the proposed increase in density and intensity as required. This analysis identifies the trips that would be associated with the current future land use designation and the trips that would be generated by the proposed Future Land Use Atlas amendment, and calculates the trip increase. The long term analysis is performed at the increment of increase which is the difference between the two figures as shown below. The Test 2 (short term - 5 year) analysis, however, is performed for the total number of peak hour trips.

FLU Land Use

Net New External Trips

Daily AM Peak

Hour PM Peak

Hour

AGR Retail nursery 50.99 acre 5,512 144 210

MLU/CL and HR-8

360 multifamily units 115 beds assisted living facility 155,000 s.f. commercial retail 73,000 s.f., 130 room hotel

2,155 275

5,579 860

8,869 319 778

Difference (MLU minus AGR) 3,357 175 568

According to the County’s Traffic Division (see letter dated June 27, 2017 in Exhibit 8), the traffic study indicates that the proposed amendment using a the maximum development potential for the AGR future land use designation of a trip generator of ‘Retail Nursery’ would result in an increase of 3,357 net daily trips and 319 AM and 778 PM total peak hour trips. The Traffic letter concludes “Based on the review, the Traffic Division has determined that the proposed amendment does not meet because the following roadway segment does not meet the Test 2 requirements:

Atlantic Avenue from Hagen Ranch Road to Jog Road


The County has considered ‘Retail Nursery’ to be the maximum trip generator for the AGR future land use designation for the past several years. However, during the course of the review of this amendment, it was determined that ‘Retail Nursery’ as defined in the ITE Manual are typically assigned to small 3-5 acre sites, and not a site as large as the 50 acre subject site, and that ‘Wholesale Nursery’ may be more appropriate. The Wholesale Nursery trip generation is much less than that of a Retail Nursery, and utilizing this lower generator, the net traffic increase would be much greater. The letter includes a second analysis using ‘Wholesale Nursery’ which is provided for informational purposes only. This second analysis identifies that additional roadway links would fail the long range test if Wholesale Nursery was the maximum development potential. These roadway links consist of the following:

West Atlantic Avenue from the Turnpike to Hagen Ranch Road; West Atlantic Avenue from Hagen Ranch Road to Jog Road; and Lyons Road from West Atlantic Avenue to Flavor Pict Road.

The Traffic Study and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx Staff Analysis: The traffic from the proposed amendment fails the long range requirements in Policy 3.5-d and the applicant is proposing a text amendment to exempt the site as discussed in Section D, Consistency with Long Range Traffic Requirements. Typically, an applicant for a proposed future land use amendment will place a maximum square footage or dwelling unit cap on a proposed future land use amendment in order to meet the Policy’s long range traffic requirements. The applicant has requested a text amendment to the Comprehensive Plan to exempt the trips proposed by this amendment from Policy 3.5-d. Rather than exempting an infinite amount of traffic on this site, the applicant has committed to the maximum traffic impacts as identified in the study as summarized above and identified in Exhibit 1. The applicant has not submitted a traffic concurrency study for a concurrent zoning application; therefore, there is no ability to assess the short term traffic impacts from the proposal.

H. ULDC Implications: The privately proposed text amendment would add the subject site to the list of locations that are exempt from compliance with the long range traffic Policy 3.5-d, allow Urban/Suburban Tier FLU designations (i.e. MLU as AgR-MLU, and HR-8) in the Ag Reserve Tier, allow new AgR-MLU’s to exceed the existing maximum density of 1 unit per acre for Planned Developments, require 40% of units in an AgR-MLU as workforce housing units, eliminate the requirement for commercial and mixed use to be centrally located in the Tier, expand the allowed commercial and mixed use locations from two to three by adding the Florida’s Turnpike and Atlantic Ave as an eligible location, increase the amount of allowable commercial in the Ag Reserve Tier by 155,000 square feet or by 228,000 square feet with a hotel included, and eliminate the preserve requirement if a project is developed under the MLU land use.

The proposed Comprehensive Plan text amendments would require ULDC amendments to implement them. The applicant has submitted a draft privately initiated amendment (PIA) to the ULDC to the Zoning Division. The draft proposed ULDC amendment is provided in the exhibits (Exhibit 12) for informational purposes. Should the BCC Transmit the FLUA and text amendments, Zoning Division-Code Revision staff would then process the PIA in order to ensure that the proposed Code amendments implement the Comprehensive Plan amendments. Zoning staff stated that the initial ULDC PIA submittal


issues discussed at a mandatory pre-application meeting on February 13, 2017, remain unresolved and the Applicant indicated they will likely move forward with their original proposed amendments and revise them after feedback is received from the LPA meeting and/or BCC Transmittal Hearing. Issues that Code Revision staff initially identified included but were not limited to: Proposed use of MUPD Zoning district requires the development of additional standards to accommodate proposed mixed uses similar to those in place for MXPD or TMD, including overall functionality and site design and calibration with applicable AGR Tier standards, such as where proposed residential uses in TMD’s or PUD’s require additional incompatibility buffering to mitigate any adverse impacts on agricultural areas, among others. Additionally, the applicant revised the proposed Comprehensive Plan amendment application (FLUA and Text) on May 5, 2017, after postponement of the application from the April 21st Planning Commission and April 26th BCC Transmittal Hearing, in order to accommodate a hotel. The proposed hotel is not currently allowed by the ULDC in CL future land use with a Multiple Use Planned Development (MUPD) Zoning District anywhere in the County and would require associated revisions to the ULDC should the BCC approve the FLUA amendment. No additional changes were made by the applicant to the privately initiated draft Code amendments, the PIA, in order to incorporate a change that would allow the use in an MUPD in the CL FLU designation in the Ag Reserve.

I. Florida Statutes (FS) 1. Consistency with Urban Sprawl Rule: Section 163.3177(6)(a)9. a, F.S., establishes a

series of primary indicators to assess whether a plan amendment does not discourage the proliferation of urban sprawl. The statute states that the evaluation of the presence of these indicators shall consist of an analysis of the plan amendment within the context of features and characteristics unique to each locality. The analysis in Exhibit 12 indicates that the proposed amendment does not encourage the proliferation of urban sprawl.

If urban sprawl was indicated by any of these factors, staff would review the proposed amendment against the new section added in 2011 (163.3177(6)(a)9.b) which establishes that the plan amendment shall be determined to discourage the proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves four or more of eight additional criteria. However, since none of the factors in the first analysis were triggered, the second analysis is not necessary.

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 April 6 and June 30, 2017. To date, 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 April 5 and June 23, 2017. In addition, on April 5 and June 23, 2017 interested parties were notified by mail including the Alliance of Delray


Residential Association, the Coalition of Boynton West Residential Association (COBWRA), and homeowner associations in proximity to the site in the Tier. To date, several phone calls have been received with inquiries about the proposed amendment and requests for information. Letters are added to Exhibit 11 as they are received during the course of the amendment process.

C. Informational Meeting: The Planning Division hosted two meetings with invitations to

property owners and interested parties to relay information regarding the amendment and development approval process on April 11 and June 6, 2017. One member of the public attended the April 11th meeting. Comments included potential traffic impacts, including impacts on equestrian activity and agricultural operations in the area.

III. Conclusions and Recommendation The proposed amendment represents a significant departure from the Agricultural Reserve provisions recently evaluated and revised by the Board of County Commissioners. The applicant is requesting to introduce Urban/Suburban Tier future land use designations, with densities and intensities not allowed in the Ag Reserve Tier. The proposed amendments essentially rewrite fundamental Agricultural Reserve provisions of the Comprehensive Plan through private text amendments, to accommodate the subject site and potentially allowing other property owners to seek the same entitlements and opening the door to additional sites in the future. The applicant is proposing to revise existing and introduce new Comprehensive Plan policies to eliminate or circumvent the existing requirements, because the site does not meet the current location requirements for commercial and mixed use in the Tier, exceeds the amount of commercial allowed in the Tier, exceeds the maximum residential density, and does not provide the required 60% preserve area; in addition, the proposed traffic impacts violate the long range traffic requirements in Policy 3.5-d. The applicant proposes to provide workforce housing, which is an established goal of the Comprehensive Plan; however, the Board has not implemented the County’s Workforce Housing Program in the Agricultural Reserve Tier, and the applicant is proposing to provide 40% workforce housing in lieu of the 60% preserve requirement, which is imposed on all 60/40 planned residential developments, and all commercial developments of more than 16 acres in the Agricultural Reserve. Eliminating or reducing preserve areas is not consistent with the stated objective of agricultural preservation in the Ag Reserve. The introduction of urban densities sufficiently high to support workforce housing is an issue beyond the scope of one site-specific amendment, which would require BCC deliberation and policy direction in the broader context of housing policy. In addition, the introduction of higher density in the Ag Reserve, a tier with long established low density, will create inequities with other property owners and could trigger requests for similar high density. The formulation of new policy in the County’s Comprehensive Plan which affects and potentially erodes the implementation of Comprehensive Plan Objectives are the task of professional staff for consideration and eventual adoption by the Board of County Commissioners. Allowing the introduction of new policy by property owners has the potential to create internal inconsistencies and erode the integrity of the County’s Comprehensive Plan as a whole.

Given the recent adoption of Board-directed text amendment to the Ag Reserve policies in 2016, there is no basis or justification for the proposed amendments to support increasing density in the Agricultural Reserve Tier, introducing Urban Suburban designations, increasing commercial for alternative locations that are not central to the Tier, and further exempting sites from the preserve requirement. The applicant has not provided an adequate justification or demonstrated that the


current designation is inappropriate, and the proposed changes will rewrite fundamental Agricultural Reserve provisions and erode the integrity of the Agricultural Reserve Tier as envisioned by the County in the Ag Reserve Master Plan.

Therefore, staff recommends denial.

Exhibits Page

1. Future Land Use Map & Legal Description E-1

2. Applicant’s Proposed Text Amendment E-7

3. Conceptual Master Plan E-10

4. Applicant’s Justification/Consistency with Comprehensive Plan and Florida Statutes E-11

5. Applicant’s Conceptual Site Plan (information only) E-37

6. Applicant’s Public Facility Impacts Table E-38

7. Applicant’s Traffic Study (available to the LPA/BCC upon request) E-41

8. Palm Beach County Traffic Division Letter E-42

9. Water & Wastewater Provider LOS Letter E-44

10. School District Concurrency LOS Letter E-45

11. Applicant’s Disclosure of Ownership Interests E-47

12. Urban Sprawl Analysis E-55

13. Applicant’s Proposed Privately Initiated Amendments (PIA) to ULDC (DRAFT) E-57

14. Correspondence E-59

17-C Amendment Staff Report E - 1 Morning Star MLU (LGA 2017-008)

Exhibit 1

Amendment No: Morning Star MLU (LGA 2017-008)

FLUA Page No: 98

Amendment: From Agricultural Reserve (AGR) to Multiple Land Use with Commercial Low and Agricultural Reserve (MLU with CL, AGR).

Location: Northeast corner of Atlantic Ave. and Starkey Road, west side of Florida’s Turnpike-Atlantic Avenue Interchange.

Size: 50.99 acres

Property No: 00-42-46-17-01-000-1020, 00-42-46-17-02-000-0370, 00-42-46-17-01-000-0690


Conditions: Development of the subject site shall be subject to the following.

A. Land Use Matrix

Land Use Acres Intensity/Density1

Minimum Maximum Minimum Maximum

CL 11 31 98,000 s.f. 155,000 SF of Commercial

Uses & 73,000 SF 130 Room Hotel (Total 228,000 SF)

HR-8 -Residential & CLF

20 40 221 units 360 units and 115 CLF beds

Usable Open Space 5.1 ac. minimum -----

B. Conceptual Plan in Exhibit 3

C. Conditions 1. Development of the site is limited to residential dwelling units and non-residential square footage

that is equal to or less than, a maximum new external daily trips of 8,869 and a maximum new external peak hour trips of 319 am and 778 pm trips.

2. Commercial uses for the site shall be limited to a maximum of 155,000 sq. ft. (excluding the

73,000 sq. ft., 130 room hotel). 3. A minimum 10% of the property must be committed to Usable Open Space. Usable Open Space

is defined as pervious, vegetated areas, parks and squares as well as impervious “hardscaped” areas which are openly accessible to the public, such as plazas, squares, and courtyards. This open space can be used for passive or active recreation as well as formal and informal gatherings; however, credit shall not be given for; any indoor or climate-controlled spaces, road rights-of-way, building setback areas, impervious surface courts (tennis, basketball, handball, etc.), swimming pools, parking lots, and any pervious green area not intended for passive or active recreation or gathering of a formal or informal nature.

4. The Zoning development order shall provide at least 40% of the residential units as workforce

housing subject to the following requirements: a. The property owner shall provide these units on site, and between 60-140% of the Area

Median Income ranges for the County, in four ranges (60-80%, 81-100%, 101-120%, and 120-140%).

5. Prior to the final adoption of the amendment a condition shall be established in the adopting

ordinance that will ensure the concurrent development of the residential and commercial uses, such as commencing construction of 50% residential units prior to the completion of 50% of the commercial square footage.

6. The adoption of the proposed Comprehensive Plan Future Land Use and Text amendment must

be held concurrently with the rezoning application. 7. The Applicant shall record a conservation easement on a minimum of 5 acres of off-site

preservation area prior to Final Site/Subdivision Plan approval.


Legal Description

A PORTION OF TRACTS 69, 70, 71, 72, 89, 90, 91, 102, 103, 104, 121, 122 AND 123 IN BLOCK 17, "PALM BEACH FARMS COMPANY PLAT NUMBER 1", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGES 26 THROUGH 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF "WEST HOMEWOOD TERRACE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14 AT PAGE 66 OF SAID PUBLIC RECORDS, ALL LYING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE SOUTH 89°18'03" WEST, ALONG THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 1784.90 FEET; THENCE NORTH 00°41'57" WEST, A DISTANCE OF 173.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°18'03" WEST, ALONG THE NORTH RIGHT OF WAY LINE OF ATLANTIC AVENUE, AS DESCRIBED IN OFFICIAL RECORDS BOOK 20041 AT PAGE 1878 OF SAID PUBLIC RECORDS, A DISTANCE OF 669.07 FEET; THENCE NORTH 01°07'28" WEST, ALONG A LINE 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACTS 121, 104, 89 AND 72, ALSO BEING THE EAST RIGHT-OF-WAY LINE OF STARKEY ROAD, ACCORDING TO OFFICIAL RECORDS BOOK 4325 AT PAGE 1671 OF SAID PUBLIC RECORDS, A DISTANCE OF 2613.98 FEET; THENCE NORTH 89°00'39" EAST, ALONG A LINE 36.96 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT 72, A DISTANCE OF 311.08 FEET; THENCE SOUTH 01°07'55" EAST, ALONG THE EAST LINE OF SAID TRACT 72, A DISTANCE OF 1.32 FEET; THENCE NORTH 89°00'39" EAST, ALONG A LINE 38.28 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACTS 69, 70 AND 71, A DISTANCE OF 947.13 FEET (THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTH LINE OF THE LAKE WORTH DRAINAGE DISTRICT L-33 CANAL, ACCORDING TO CHANCERY CASE 407, AS RECORDED IN OFFICIAL RECORDS BOOK 6495 AT PAGE 761 OF SAID PUBLIC RECORDS); THENCE SOUTH 01°23'56" EAST, A DISTANCE OF 47.66 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 826.47 FEET AND A CENTRAL ANGLE OF 40°00'00", A DISTANCE OF 576.99 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38°36'04" WEST, A DISTANCE OF 325.92 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 462.00 FEET AND A CENTRAL ANGLE OF 58°45'38", A DISTANCE OF 473.81 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 75°19'36" EAST (THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE WEST LINE OF THE LAKE WORTH DRAINAGE DISTRICT E-2 CANAL, AS RECORDED IN OFFICIAL RECORDS BOOK 319 AT PAGE 275 OF SAID PUBLIC RECORDS); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2394.00 FEET AND A CENTRAL ANGLE OF 16°04'28", A DISTANCE OF 671.64 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°24'04" EAST, A DISTANCE OF 131.48 FEET; THENCE SOUTH 00°53'23" WEST, A DISTANCE OF 543.76 FEET TO THE POINT OF BEGINNING (THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE WEST LINE OF FLORIDA'S TURNPIKE, AS RECORDED IN OFFICIAL RECORDS BOOK 20041 AT PAGE 1878 OF SAID PUBLIC RECORDS). SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA, AND CONTAIN 50.999 ACRES, MORE OR LESS.


FORMERLY KNOWN AS: PARCEL A: A PORTION OF TRACTS 69 THRU 72; 89 THRU 92; AND 101 THRU 104, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH FARMS COMPANY PLAT NO. 1, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 26; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL L-33 AND A POINT 15.00 FEET EAST OF THE WEST LINE OF SAID TRACT 72; THENCE N 89°30'37" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,255.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA STATE TURNPIKE, AS DESCRIBED IN MINUTES OF CIRCUIT COURT BOOK 67, PAGE 482; THENCE S 00°58'24" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 27.86 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 826.47 FEET, A CENTRAL ANGLE OF 40°00'00", AN ARC DISTANCE OF 576.98 FEET TO A POINT OF TANGENCY; THENCE S 39°01'36" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 325.92 FEET TO A POINT OF CURVE; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 462.00 FEET, A CENTRAL ANGLE OF 80°00'00", AN ARC DISTANCE OF 645.07 FEET TO A POINT OF TANGENCY; THENCE S 40°58'24" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 203.11 FEET; THENCE S 89°22'15" W A DISTANCE OF 992.39 FEET TO A POINT 15.00 FEET EAST OF THE WEST LINE OF SAID TRACT 104; THENCE N 00°37'45" W ALONG A LINE 15.00 FEET EAST OF THE WEST LINES OF SAID TRACTS 104, 89 AND 72, A DISTANCE OF 1,562.97 FEET TO THE POINT OF BEGINNING. PARCEL B: A PORTION OF TRACTS 101 THROUGH 104, AND 121 THROUGH 124, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH FARMS COMPANY PLAT NO. 1, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA; ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT BOOK 2, PAGE 26; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 121; THENCE N 89°42'00" E ALONG THE SOUTH LINE OF SAID TRACT 121, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE N 89°42'00" EAST ALONG THE SOUTH LINE OF SAID TRACTS 121 THROUGH 124, A DISTANCE OF 1271.82 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE TURNPIKE, AS DESCRIBED IN MINUTES OF CIRCUIT COURT BOOK 67, PAGE 482; THENCE N 00°58'24" W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 559.30 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 826.47 FEET, A CENTRAL ANGLE OF 40°00'00", AN ARC DISTANCE OF 576.98 FEET TO A POINT OF TANGENCY; THENCE N


40°58'24" W A DISTANCE OF 122.81 FEET; THENCE S 89°22'15" W A DISTANCE OF 992.39 FEET TO A POINT, 15.00 FEET EAST OF THE WEST LINE OF SAID TRACT 104; THENCE S 00°37'45" E ALONG A LINE 15.00 FEET EAST OF THE WEST LINE OF SAID TRACTS 104 AND 121, A DISTANCE OF 1175.66 FEET TO THE POINT OF BEGINNING. LESS PARCEL DESCRIBED AS: BEGINNING AT A POINT 21.15 FEET WEST OF THE SOUTHEAST CORNER OF TRACT 124 AS DIMINISHED BY EXISTING RIGHT OF WAY; GO WESTERLY ALONG THE SOUTH LINE OF SAID TRACT FOR A DISTANCE OF 200 FEET; THENCE NORTHERLY AT A 90° ANGLE FOR A DISTANCE OF 559.30 FEET; THENCE GO EASTERLY AT A 90° ANGLE TO THE WEST BOUNDARY LINE OF THE FLORIDA STATE TURNPIKE RIGHT OF WAY; THENCE GO IN A SOUTHERLY DIRECTION ALONG THE WEST BOUNDARY LINE OF THE FLORIDA STATE TURNPIKE RIGHT OF WAY TO THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION CONVEYED TO PALM BEACH COUNTY RECORDED IN O.R. BOOK 4325, PAGE 1671, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT: A PARCEL OF LAND PARTIALLY SHOWN ON SHEETS 2, 11, 12, 18 AND 19 OF THE RIGHT-OF-WAY MAP FOR S.R 806, SECTION NO. 93030-2510 BEING A PORTION OF TRACTS 91, 101, 102, 121, 122, 123 AND 124, PALM BEACH FARMS CO. PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF LOTS 1 THROUGH 61, INCLUSIVE, OF WEST HOMEWOOD TERRACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE SOUTH 89°18'06" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17 A DISTANCE OF 1180.99 FEET TO THE EXTENDED WESTERLY RIGHT OF WAY LINE OF LAKE WORTH DRAINAGE DISTRICT E-2 CANAL WEST; THENCE NORTH 01°24'01" WEST ALONG SAID EXTENDED WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°18'06" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 806 (ATLANTIC AVE.) AND THE SOUTH LINE OF TRACT 123 AND 124 OF SAID PALM BEACH FARMS CO. PLAT NO. 1, A DISTANCE OF 607.52 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, NORTH 00°53'26" EAST A DISTANCE OF 687.35 FEET; THENCE NORTH 01°24'01" WEST A DISTANCE OF 131.48 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2394.00 FEET AND A CENTRAL ANGLE OF 16°04'29" (CHORD=NORTH 06°38'13" EAST, 669.45 FEET); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 671.62 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT E-2 CANAL WEST, SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 462.00 FEET AND A CENTRAL ANGLE OF 21°14'25" (CHORD =SOUTH 30°46'49" EAST, 170.29 FEET); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 171.27 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 41°24'02" EAST A DISTANCE OF 325.91 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 826.47 FEET AND A CENTRAL ANGLE OF 40°00'00" (CHORD=SOUTH


21°24'01" EAST, 565.34 FEET); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 576.98 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 01°24'01" EAST A DISTANCE OF 559.30 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND VIEW BETWEEN THE GRANTOR'S REMAINING PROPERTY AND ANY FACILITY CONSTRUCTED ON THE ABOVE DESCRIBED PROPERTY. AND COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE SOUTH 89°18'06" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17 A DISTANCE OF 1180.99 FEET TO THE EXTENDED WESTERLY RIGHT OF WAY LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E-2; THENCE NORTH 01°24'01" WESTALONG SAID EXTENDED WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 806 (ATLANTIC AVE.) AND THE SOUTH LINE OF TRACT 123 AND 124 OF PALM BEACH FARMS CO. PLAT NO. 1; THENCE SOUTH 89°18'06" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF STATE ROAD 806 (ATLANTIC AVE.) AND THE SOUTH LINE OF TRACT 123 AND 124, A DISTANCE OF 607.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°18'06" WEST ALONG THE SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF SAID TRACT 121, 122 AND 123 A DISTANCE OF 664.30 FEET TO THE EAST LINE OF THE WEST 30 FEET OF SAID TRACT 121, PURSUANT TO RIGHT-OF-WAY DEED FILED IN OFFICIAL RECORDS BOOK 4325, PAGE 1671 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS SHOWN ON THE SAID RIGHT-OF-WAY MAP FOR S.R 806, SECTION NO. 93030-2510; THENCE NORTH 01°01'39" WEST ALONG SAID EAST LINE A DISTANCE OF 143.54; THENCE DEPARTING SAID EAST LINE NORTH 89°18'06" EAST A DISTANCE OF 669.10 FEET; THENCE SOUTH 00°53'26" WEST A DISTANCE OF 143.60 FEET TO THE POINT OF BEGINNING.


Exhibit 2

Proposed Text Amendment

A. Future Land Use Element, Morningstar MLU, Text Amendment REVISED: To add the subject site to the list of identified exemptions to Policy 3.5-d, to add one new policy, and amend four policies under the Agricultural Reserve Tier Objective 1.5. The revisions are numbered below, and shown with the added text underlined. Residential 1. REVISE Policy 1.5-i: Residential uses shall be permitted within the Agricultural Reserve

Tier under the Agricultural Reserve land use designation as further regulated by the Unified Land Development Code. Consistent with the provisions of Future Land Use Policy 2.1-b and Table III.C.1, the land shall be allowed to develop at a density of one dwelling unit per five acres (1DU/5AC), unless the property meets the requirements for an Agricultural Reserve Planned Unit Development (AgR-PUD), Agricultural Reserve Multiple Use Planned Development (AgR-MUPD), or an Agricultural Reserve Traditional Marketplace Development (AgR-TMD) as described in Future Land Use Sub-Objective 1.5.1, in which case the land may be developed at a density of one dwelling unit per acre. An Agricultural Reserve Multiple Land Use Development (AgR-MLU) shall be allowed to develop at the underlying residential density.

2. NEW Policy 1.5.1-#: Residential uses that are included within an Agricultural Reserve

Multiple Land Use Development (AgR-MLU) shall be permitted to develop at a density greater than one dwelling unit per acre (1DU/1AC) only when providing a minimum of two housing types, congregate living facility (CLF) units may be included as one of the two housing types. Additionally, in order to achieve any density above 1DU/1AC, the proposed AgR-MLU shall include a minimum of 40% Workforce Housing units. CLF beds shall not be required to provide Workforce Housing units and shall follow Policy 1.5-j, 1.5-s, and Table III.C.2.

Commercial and Mixed Use 3. REVISE Policy 1.5-k: Commercial and mixed uses in the Agricultural Reserve Tier shall

be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farmworker community, existing residents, and future residents the Tier.

4. REVISE Policy 1.5-m: In order to facilitate community growth, reduce traffic, and maintain

open space, the County shall limit the locations of new commercial and mixed use future land use designations within the Agricultural Reserve Tier to within two three commercial-mixed use centers. These centers are central to the Tier and intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. The two three commercial-mixed use centers define the areas within ¼ mile of the intersection of Lyons Road and Boynton Beach Boulevard, and the intersection of Lyons Road and Atlantic Avenue, and the intersection of the Florida Turnpike and Atlantic Avenue. In addition, the pre-existing commercial properties identified in Policy 1-5-i are allowed, and the County may consider future lands use amendments for sites that share


a common property line with pre-existing commercial properties identified in Policy 1.5-i to square off those locations.

5. REVISE Policy 1.5-n: The County shall ensure a sustainable development pattern is

achieved in the Agricultural Reserve by allowing commercial uses while ensuring that the supply of commercial square footage does not exceed the demand of the farm workers and residents of the Tier. The County may approve a maximum of 980,000 1,135,000 square feet of commercial uses (retail, service and office) and a hotel with up to 73,000 square feet within the Tier.

SUB-OBJECTIVE 1.5.1 Planned Developments 6. REVISE Policy 1.5.1-q: AGR-Multiple Use Planned Development. New Agricultural

Reserve Multiple Use Planned Developments (AgR-MUPD) in the Ag Reserve Tier shall meet the following requirements:

1. Preserve Areas shall not be required for a property that is 16 acres or less in size as

of January 1, 2016. For purposes of this policy, the term ‘property’ is defined as a property control number as configured on January 1, 2016. The acreage shall be exclusive of right-of-way as shown on the Thoroughfare Right-of-Way Identification Map;



4. Required Preserve Area shall be subject to the standards and requirements of an AgR-TMD preserves.

5. An AgR-MUPD may be granted up to a 100% reduction in the Preserve Area acreage when developed as an AgR-MLU and provide a minimum of 40% of the residential units (excluding CLF beds) as Workforce Housing units as determined by the Board of County Commissioners during the development review process. The ULDC shall be revised to implement this concept.

Agricultural Reserve Commercial and Mixed Use Planned Developments 7. NEW Policy 1.5.1#: AGR-Multiple Land Use Development. The Agricultural Reserve

Multiple Land Use Development (AgR-MLU) is project specific and is limited to projects that demonstrate a functional integration and mix of land uses which exceeds minimum zoning requirements. The AgR-MLU is a planned development intended to provide a development that has commercial and residential uses horizontally integrated. In addition to meeting the intent of the Multiple Land Use (MLU) as described in Objective 4.4.2, an AgR-MLU shall also meet the following requirements:

1. The total land area shall be a minimum of 50 acres; 2. The AgR-MLU shall be located within ¼ mile of the intersection of Atlantic Avenue and

the Florida Turnpike; 3. To accommodate the need for workforce housing within the Agricultural Reserve Tier,

Agricultural Reserve Multiple Land Use Developments (AgR-MLU) shall include a


minimum of 40 percent of the total number of residential units as Workforce Housing units. CLF beds shall not be included in the total amount of residential units.

8. REVISE 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): … unaltered text omitted for brevity

…This policy shall not be applicable to an Agricultural Enclave adopted pursuant to Policy 2.2.5-d. This policy shall not be applicable to the area designated as Industrial in the Urban Service Area of the Glades Tier amended by FLUA Amendment Inland Logistics Center (LGA 2010-024). This policy shall not be applicable to the Western Communities Residential Overlay. This policy shall not be applicable to the 50.99 acre AgR-MLU located at the northwest corner of the Florida Turnpike and Atlantic Avenue, Delray Beach, as amended by FLUA Amendment Morningstar Nursery (LGA 2017-008).

9. REVISE TABLE III.C

FUTURE LAND USE DESIGNATION BY TIER

Future Land Use

FLU Category

Tier Urban/Sub & Glades

USA Exurban Rural

Ag Reserve3

Glades RSA1

Agriculture AP --- --- --- --- X SA X X X X ---

AgR --- --- --- X --- Ag Enclave --- --- X --- ---

Commercial Low

CL-O X X X X --- CL X X X X ---

Commercial High

CH-O X --- --- --- --- CH X --- --- --- ---

Industrial IND X --- --- X --- EDC X --- --- --- ---

Traditional Town Development & Multiple

Land Use

X --- --- --- ---

1 & 2 and unaltered text in table omitted for brevity 3. Within the Ag Reserve Tier, Urban Residential Future Land Use Designations may be

requested if the subject property requests an AgR-MLU designation; thereby providing for a minimum of 40% of the residential units as workforce housing.


Exhibit 3

Conceptual Master Plan

I I I l I I l l I I j I ri I ! r ~ : • : AO -ie-~t ~ =: I :~


Exhibit 4

Applicant’s Justification/Consistency with Comprehensive Plan

I. Proposed Text Amendment ELEMENTS & POLICIES TO BE REVISED The Element proposed to be amended is the Future Land Use Element. Policies To Be Amended – Policies 1.5-i, 1.5-k, 1.5-m, 1.5-n, 1.5.1-q, 3.5-d, and Table III.C Policies To Be Added – Policies 1.5-# & 1.5.1-# PURPOSE Currently, the Comprehensive Plan does not allow Multiple Land Use (MLU) projects to be developed within the Agricultural Reserve. The Comprehensive Plan also limits the amount of commercial square footage and residential density that can be developed in the Agricultural Reserve Tier. Additionally, the Comprehensive Plan does not give any consideration to the development of workforce housing or congregate living facilities within the Agricultural Reserve Tier. The Applicant desires to amend the future land use designation of the +/-50 acre property located at the northeast corner of Atlantic Avenue and Starkey Road, just west of the Florida Turnpike in order to develop a mixed use project with commercial, multifamily and a congregate living facility. JUSTIFICATION The subject 50.99-acre property located at the northwest corner of the Florida Turnpike and Atlantic Avenue (“Property”) is currently developed as a plant nursery. To the north and west of the Property are agriculture uses, to the south of the Property is the Delray Lake Estates single family home development, and to the east of the Property beyond the Florida Turnpike is the Urban Suburban Tier which includes high density residential and commercial uses. The County has approved many single family residential developments in the Agricultural Reserve Tier but has limited the amount of commercial uses that can be developed. This limitation has created a situation where the current and future residents of the Agricultural Reserve Tier do not have sufficient options and access to needed localized commercial uses. The addition of neighborhood serving commercial uses will complement the existing TMD’s and reduce the amount of roadway trips to neighborhood serving commercial uses further away in the eastern part of the County. In addition to the limitation placed upon commercial development, a similar limitation has been placed on residential development in the Agricultural Reserve Tier. Due to the density limitations in this tier, it is impossible to provide a variety of housing types including workforce housing which is much needed in Palm Beach County. The existing Workforce Housing Program requires that all residential developments (except those proposed in the Agricultural Reserve Tier) over 10 units provide a small percentage of the units for income qualified household with incomes from 60% to 140% of the area medium income (“AMI”). The Agricultural Reserve Tier has been exempt from complying with this requirement to date, which has placed a disproportionate burden on the residential developers within the Urban/Suburban Tier. The limited number of developers within the


Agricultural Reserve Tier are able to develop and sell housing units priced $500,000 to $3 million without having to contribute to the County’s Workforce Housing program. Additionally, the limitation on density in the Agricultural Reserve Tier also impacts the development of other needed uses such as congregate living facilities (“CLFs”). The Comprehensive Plan utilizes a multiplier of 2.39 beds per unit to calculate intensity. The limitation of 1 unit per 5 acres severely limits the number of beds, thus making the development of a CLF unfeasible. The original intent of the Agricultural Reserve Master Plan intended for the development of two mixed use Traditional Marketplace Developments (“TMDs”) that also included a mix of residential unit types. The Master Plan originally envisioned the development of multi-family and townhouses within close walkable proximity of those two TMDs. The Master Plan intended for development to be intense at the center of the TMD and become less intense moving outward from that center, gradually tapering into the agriculture preservation area. The Master Plan intended for the development of a variety of housing types within the Agricultural Reserve. Unfortunately, this vision has not come to fruition. The Agricultural Reserve is a patchwork quilt of single-family residential, limited commercial, industrial, institutional, and agriculture uses. Additionally, the two TMDs that have been approved have yet to develop the multi-family components of the projects. Therefore, the residential developments are relatively homogeneous and have not provided for the mix of housing originally contemplated. Development of the 50-acre Property as a mixed use development would be consistent with the original vision of the Agricultural Reserve Master Plan as well as good planning principles such as being located at a major transportation node and along an important corridor through Palm Beach County to provide a variety of land uses currently not being developed in spite of the fact that Workforce Housing is required in all other Tiers throughout Palm Beach County. Additionally, this location will help keep traffic trips localized within the project and the Agricultural Reserve Tier thus reducing impacts on the Countywide roadway network. CONSISTENCY Goals – The proposed text amendment furthers the County’s goals as described below. Balanced Growth – “…to recognize the diverse communities within the County, to implement strategies to create and protect quality livable communities respecting the lifestyle choices for current residents, future generations, and visitors, and to promote the enhancement of areas in need of assistance.” Response: Approval of these proposed text amendments will allow for the development of a mixed use project that will meet the original intent of the Agricultural Reserve Master Plan. They will also allow for the neighborhood serving commercial uses, workforce housing options and a congregate living facility for the residents of the Agricultural Reserve Tier. Allowing these uses within the Agricultural Reserve Tier will ensure that this area of Palm Beach County has the needed services and housing opportunities to serve the residents thus promoting and enhancing the quality of life for current and future residents of the area.

Land Planning – “…to create and maintain livable communities, promote the quality of life, provide for a distribution of land uses of various types, and at a range of densities and intensities, and to balance the physical, social, cultural, and environmental and economic needs of the current and projected residents and visitor populations. This shall be accomplished in a manner that protects


and maintains a diversity of lifestyle choices, and provides for the timely, cost-effective provision of public facilities.” Response: Allowing additional mixed use developments within the Agricultural Reserve Tier will encourage and provide for the appropriate distribution of land uses that promotes the quality of life for the residents in the area. The existing Delray Marketplace TMD to the west does not provide the needed services to the residents within the area, rather it has become an entertainment node that draws many from outside of the Agricultural Reserve Tier. The proposed mixed use development will complement the existing entertainment node and create a synergy for the Atlantic Avenue corridor. Allowing the proposed workforce housing will contribute to the overall quality of life in Palm Beach County by providing alternative housing opportunities in an area that has become relatively homogeneous with respect to income levels and housing types.

Atlantic Avenue is a major east-west corridor with access to I-95, the Turnpike, and US 441. Infrastructure is already in place along this corridor to accommodate the proposed development along with the existing residential and TMD that are already developed in the immediate vicinity of the Property.

Community Planning and Design – “…to develop and implement strategies that will enhance the quality of life within its neighborhoods and communities by ensuring that these areas are well-planned, visually pleasing, safe, and devoid of substandard housing and blight. Neighborhoods and communities shall also be accessible to all of the residents of Palm Beach County through an emphasis on the provision of a variety of housing opportunities through the continuous development of affordable housing.” Response: The Agricultural Reserve Master Plan’s intent was to create a well-planned community that provided a mix of uses as well as a variety of housing types while ensuring the protection of agriculture and environmentally sensitive lands. The development pattern that has occurred in the Agricultural Reserve Tier does not represent a well-planned community, but rather a patchwork of uses that may not be compatible with one another. There is a lack of diversity in housing options and limited commercial choices within the Tier. The proposed text changes will allow for the development of a significant amount of workforce housing units as well as provide additional commercial development opportunities for area residents. With the inclusion of a CLF, many of the residents will be able to stay in the community among friends and enjoy amenities offered within the development.

Objectives – The proposed text amendment furthers the County’s objectives as further described below. FLUE Objective 1.5 The Agricultural Reserve Tier – “The Agricultural Reserve Tier encompasses unique farmland and wetlands that are to be preserved primarily for agriculture based on policy direction adopted by the Board of County Commissioners in 1995. The Agricultural Tier Objective and Policies were revised in 2001 to incorporate the findings contained within the Ag Reserve Master Plan dated October 2000. This document was a summary of consultant and staff recommendations, and Board direction, for the Ag Reserve Master Planning effort which took place over a period of years with several phases. The purpose of the Master Planning effort was: ‘To preserve and enhance agricultural activity and environmental and water resources in the Ag Reserve, and produce a master development plan compatible with these goals.’ A major emphasis of the initial phase was public outreach and the preparation of a set of guiding objectives that were prioritized by


the Board of County Commissioners (BCC) during the development of the Ag Reserve Master Plan as follows:

1. Preserve and enhance agriculture 2. Enhance environmental resource value 3. Enhance water management capability 4. Enhance open space 5. Create a functional sustainable development pattern 6. Minimum costs/impacts to County taxpayers”

Response: Approval of these proposed text amendments will allow for the development of appropriate neighborhood serving commercial uses for the residents of the Agricultural Reserve Tier. Allowing neighborhood serving commercial uses within the Agricultural Reserve Tier will ensure that this area of Palm Beach County has the needed services to serve the residents thus promoting and enhancing the quality of life for current and future residents of the area. This amendment will also create a functional sustainable development pattern that was originally anticipated by the Master Plan but not attained with two approved TMDs (Canyon Town Center & Delray Marketplace).

FLUE Objective 2.1 Balanced Growth – “Palm Beach County shall designate on the Future Land Use Atlas sufficient land area in each land use designation to manage and direct future development to appropriate locations to achieve balanced growth. This shall be done to plan for population growth and its need for services, employment opportunities, and recreation and open space, while providing for the continuation of agriculture and the protection of the environment and natural resources through the long-range planning horizon.” Response: Allowing additional mixed use developments within the Agricultural Reserve Tier will encourage and provide for the appropriate distribution of land uses that promote the quality of life for the residents in the area. The Agricultural Reserve Tier has steadily been growing with an increasing amount of residential development. The residents of this Tier are also aging and will begin demanding congregate living facilities that are within close proximity to the services that they have become accustomed to as well as friends and family within the community. These residents need places to shop and dine without having to travel a significant distance. The additional commercial development that has occurred within the Tier has generated a greater need for alternative housing options that will be more affordable to those between 60% to 140% of AMI. FLUE Objective 4.4 Mixed-Use Development – “Palm Beach County Shall encourage the development of variety of innovative types of mixed-use projects” Response: Approval of the proposed text amendment will allow for the development of a mixed-use project that was contemplated by the original Agricultural Reserve Master Plan that will encompass commercial uses and alternative housing options for the residents of the Agricultural Reserve Tier. The very definition of a well planned community is one that is compact and self-contained with a mix of uses providing for the daily need to live, work, play, worship, dine, and shop.

Policies – The proposed text amendment furthers the County’s policies as further described below. FLUE Policy 1.5-j: “Commercial and mixed uses in the Agricultural Reserve Tier shall be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farmworker community, existing residents, and future residents of the Tier.”Response: The proposed amendment to allow an additional mixed-use development within the Agricultural Reserve Tier will be consistent and further the policy requiring commercial uses to


serve the farmworker community and residents. As the population of the Agricultural Reserve Tier continues to increase and as new residential projects are approved and built, these residents will want options for commercial products and neighborhood commercial services that the existing approved regional commercial centers are not currently providing. Additionally, alternative housing options will be needed for those working within these existing commercial developments as well as for the aging population.

FLUE Policy1.5-o: “All future land use amendments seeking a Commercial designation in the Agricultural Reserve Tier are encouraged to be accompanied by a concurrent zoning application in order to demonstrate that the proposal meets the design, scale, and character requirements of the Tier.” Response: A concurrent zoning application will be submitted with the proposed AgR-MLU development to demonstrate the proposed project’s consistency with the Tier’s design scale and character.

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 used in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and service while maintaining the diversity of lifestyles in the County.” Response: The existing development pattern within the Agricultural Reserve Tier has become a patchwork quilt of uses that are not entirely compatible with one another. Large, expensive single family homes are developed in pockets between nurseries and other working farms. The proposed AgR-MLU will allow for the development of alternative housing options including a CLF, multi-family units, and workforce housing. Allowing these new uses within the Agricultural Reserve will contribute to and encourage the diversity of the Tier. The location, at the corner of the Florida Turnpike and Atlantic Avenue, provides for convenient shopping, living and working opportunities.

FLUE Policy 2.2.1-d: To facilitate development of affordable housing, the County shall not require an amendment to the Future Land Use Atlas to increase the density higher than the future land use category, provided the development is consistent with the Workforce Housing Program analysis or the Affordable Housing Program analysis required by policies in Housing Objective 1.1 and 1.5 and within the ULDC. Response: The existing Workforce Housing Program does not apply to developments within the Agricultural Reserve Tier. The weight of providing workforce housing to the residents to Palm Beach County has only fallen on those residential developments outside of this Tier. The intent of the Workforce Housing Program is to provide more affordable housing options throughout the entire County, however this area has been neglected. The addition of this AgR-MLU will require that 40% of the residential units (excluding the CLF beds) be developed consistent with the Workforce Housing Program, thus bringing a much needed housing stock to this area of Palm Beach County.

FLUE Policy 4.4-a: “The County shall encourage and promote sustainable development by establishing mixed-use future land use designations and planned development districts.” Response: Approval of the proposed text amendment will allow for the development of a mixed-use development with residential and commercial uses for the residents of the Agricultural Reserve Tier. The very definition of a well-planned and sustainable community is one that is compact and self-


contained with a mix of uses providing for the daily need to live, work, play, worship, dine, and shop. Additionally, the parking lot will include electric vehicle charging stations.

HE Policy 1.1-h: “The County shall continue the review and streamlining as needed, of those ordinances, codes and regulations related to the permitting process, in order to continue the reduction of excessive requirements and amend or add other provisions that increase private sector participation in adding to the supply of affordable housing. The County shall consider its existing Affordable Housing Action Plan and designation the Department of Sustainable Development as the lead agency, with assistance from Planning, Zoning, and Building, the Commission on Affordable Housing, Engineering and other appropriate Departments.” Response: As stated above, the existing Workforce Housing Program does not apply to developments within the Agricultural Reserve Tier. The weight of providing workforce housing to the residents to Palm Beach County has only fallen on those residential developers proposing projects within the Urban/Suburban Tier. There is a large inventory of residential units within the Agricultural Reserve Tier, most of which are larger more expensive homes. Those residential developers that are able to acquire land and build projects are able to skip out on providing the workforce housing units that other developers within the Urban/Suburban Tier are required to provide. The addition of this AgR-MLU will require that 40% of the residential units (excluding the CLF beds) be developed consistent with the Workforce Housing Program, thus bringing a much needed housing stock to this area of Palm Beach County. FUTURE LAND USE ELEMENT TEXT CHANGES Residential Policy 1.5-i: Residential uses shall be permitted within the Agricultural Reserve Tier under the Agricultural Reserve land use designation as further regulated by the Unified Land Development Code. Consistent with the provisions of Future Land Use Policy 2.1-b and Table III.C.1, the land shall be allowed to develop at a density of one dwelling unit per five acres (1DU/5AC), unless the property meets the requirements for an Agricultural Reserve Planned Unit Development (AgR-PUD), Agricultural Reserve Multiple Use Planned Development (AgR-MUPD), or an Agricultural Reserve Traditional Marketplace Development (AgR-TMD) as described in Future Land Use Sub-Objective 1.5.1, in which case the land may be developed at a density of one dwelling unit per acre. An Agricultural Reserve Multiple Land Use Development (AgR-MLU) shall be allowed to develop at the underlying residential density. Policy 1.5.1-#: Residential uses that are included within an Agricultural Reserve Multiple Land Use Development (AgR-MLU) shall be permitted to develop at a density greater than one dwelling unit per acre (1DU/1AC) only when providing a minimum of two housing types, congregate living facility (CLF) units may be included as one of the two housing types. Additionally, in order to achieve any density above 1DU/1AC, the proposed AgR-MLU shall include a minimum of 40% Workforce Housing units. CLF beds shall not be required to provide Workforce Housing units and shall follow Policy 1.5-j, 1.5-s, and Table III.C.2.


Commercial and Mixed Use Policy 1.5-k: Commercial and mixed uses in the Agricultural Reserve Tier shall be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farmworker community, existing residents, and future residents the Tier. Policy 1.5-m: In order to facilitate community growth, reduce traffic, and maintain open space, the County shall limit the locations of new commercial and mixed use future land use designations within the Agricultural Reserve Tier to within two three commercial-mixed use centers. These centers are central to the Tier and intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. The two three commercial-mixed use centers define the areas within ¼ mile of the intersection of Lyons Road and Boynton Beach Boulevard, and the intersection of Lyons Road and Atlantic Avenue, and the intersection of the Florida Turnpike and Atlantic Avenue. In addition, the pre-existing commercial properties identified in Policy 1-5-i are allowed, and the County may consider future lands use amendments for sites that share a common property line with pre-existing commercial properties identified in Policy 1.5-i to square off those locations. Policy 1.5-n: The County shall ensure a sustainable development pattern is achieved in the Agricultural Reserve by allowing commercial uses while ensuring that the supply of commercial square footage does not exceed the demand of the farm workers and residents of the Tier. The County may approve a maximum of 980,000 1,208,000 square feet of commercial uses (retail, service and office) within the Tier. SUB-OBJECTIVE 1.5.1 Planned Developments Policy 1.5.1-q: AGR-Multiple Use Planned Development. New Agricultural Reserve Multiple Use Planned Developments (AgR-MUPD) in the Ag Reserve Tier shall meet the following requirements:

6. Preserve Areas shall not be required for a property that is 16 acres or less in size as of January 1, 2016. For purposes of this policy, the term ‘property’ is defined as a property control number as configured on January 1, 2016. The acreage shall be exclusive of right-of-way as shown on the Thoroughfare Right-of-Way Identification Map;




10. An AgR-MUPD may be granted up to a 100% reduction in the Preserve Area acreage when developed as an AgR-MLU and provide a minimum of 40% of the residential units (excluding CLF beds) as Workforce Housing units as determined by the Board of County Commissioners during the development review process. The ULDC shall be revised to implement this concept.


Agricultural Reserve Commercial and Mixed Use Planned Developments New Policy 1.5.1#: AGR-Multiple Land Use Development. The Agricultural Reserve Multiple Land Use Development (AgR-MLU) is project specific and is limited to projects that demonstrate a functional integration and mix of land uses which exceeds minimum zoning requirements. The AgR-MLU is a planned development intended to provide a development that has commercial and residential uses horizontally integrated. In addition to meeting the intent of the Multiple Land Use (MLU) as described in Objective 4.4.2, an AgR-MLU shall also meet the following requirements:

4. The total land area shall be a minimum of 50 acres; 5. The AgR-MLU shall be located within ¼ mile of the intersection of Atlantic Avenue and the

Florida Turnpike; 6. To accommodate the need for workforce housing within the Agricultural Reserve Tier,

Agricultural Reserve Multiple Land Use Developments (AgR-MLU) shall include a minimum of 40 percent of the total number of residential units as Workforce Housing units. CLF beds shall not be included in the total amount of residential units.

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): … …This policy shall not be applicable to an Agricultural Enclave adopted pursuant to Policy 2.2.5-d. This policy shall not be applicable to the area designated as SR-7 Economic Development Overlay (EDO). This policy shall not be applicable to the area designated as Industrial in the Urban Service Area of the Glades Tier amended by FLUA Amendment Inland Logistics Center (LGA 2010-024). This policy shall not be applicable to the Western Communities Residential Overlay. This policy shall not be applicable to the 50.99 acre AgR-MLU located at the northwest corner of the Florida Turnpike and Atlantic Avenue, Delray Beach, as amended by FLUA Amendment Morningstar Nursery (LGA 2017-008).


TABLE III.C FUTURE LAND USE DESIGNATION BY TIER

Future Land Use

FLU Category

Tier Urban/Sub & Glades

USA Exurban Rural Ag Reserve3 Glades RSA1

Rural Residential

RR-20 --- X X --- --- RR-5 --- X X --- ---

RR-2.5 --- X --- --- --- Western

Communities Residential

WCR --- --- X --- ---

Urban Residential

LR, MR, HR X --- --- --- ---

Agriculture AP --- --- --- --- X SA X X X X ---

AgR --- --- --- X --- Ag Enclave --- --- X --- ---

Commercial Low

CL-O X X X X --- CL X X X X ---

Commercial High

CH-O X --- --- --- --- CH X --- --- --- ---

Industrial IND X --- --- X --- EDC X --- --- --- ---

Commercial Recreation X --- X X X Parks & Recreation X X X X X

Conservation X X X X X Institutional & Public Facilities X X X X ---

Spoil X --- --- --- X Transportation & Utilities X X X X X

Traditional Town Development & Multiple Land Use

X --- --- --- ---

2) Within the rural towns of Lake Harbor and Canal Point, the following additional future land use designations

shall be allowed: Residential from RR-2.5 through MR-5; CL; CL-O; IND; EDC; and INST. 3) Within the Glades Area Protection Overlay, 138.21 acres of EDC future land use designation is allowed. 4) Within the Ag Reserve Tier, Urban Residential Future Land Use Designations may be requested if the subject

property requests an AgR-MLU designation; thereby providing for a minimum of 40% of the residential units as workforce housing.

JUSTIFICATION FOR SPECIFIC TEXT CHANGES Policy 1.5-i: Residential uses shall be permitted within the Agricultural Reserve Tier under the Agricultural Reserve land use designation as further regulated by the Unified Land Development Code. Consistent with the provisions of Future Land Use Policy 2.1-b and Table III.C.1, the land shall be allowed to develop at a density of one dwelling unit per five acres (1DU/5AC), unless the property meets the requirements for an Agricultural Reserve Planned Unit Development (AgR-PUD), Agricultural Reserve Multiple Use Planned Development (AgR-MUPD), or an Agricultural Reserve Traditional Marketplace Development (AgR-TMD) as described in Future Land Use Sub-


Objective 1.5.1, in which case the land may be developed at a density of one dwelling unit per acre. An Agricultural Reserve Multiple Land Use Development (AgR-MLU) shall be allowed to develop at the underlying residential density. Description of Proposed Change: This policy is being amended to add the AgR-MLU as a planned development in the Agricultural Reserve Tier that is permitted a density greater than 1 dwelling unit per 5 acres. The revised policy allows the AgR-MLU to develop consistent with the underlying residential density proposed by the AgR-MLU. Justification of Proposed Change: The Applicant desires to develop the Property as an AgR-MLU which will contain multi-family residential units of which 40% will be identified as workforce housing units. In the early 2000’s, the Palm Beach County Board of County Commissioners and staff identified a significant need for workforce housing throughout the entire County and created a Workforce Housing program that applied to all residential developments over 10 units. The Agricultural Reserve Tier has been exempted from this Workforce Housing requirement to date. The need for Workforce Housing within the Agricultural Reserve Tier exists as there are currently two schools (Sunset Elementary & Somerset Academy) and Bethesda West Hospital which employ men and women who meet the income qualifications for workforce housing. The average price of homes within the Agricultural Reserve Tier is $635,000, well above the limits of Workforce Housing. As discussed by the Board of County Commissioners, Workforce Housing is seriously needed in Palm Beach County. There are very few large tracts of land within the Urban/Suburban Tier where a significant number of Workforce Housing units can be obtained under the current program. Developers within the Urban/Suburban Tier are disproportionately burdened with providing the number of Workforce Housing units to serve the teachers, police, and firemen of the County. Those fortunate developers within the Agricultural Reserve Tier that are exempted from contributing to the County’s Workforce Housing Program continue to build homes priced from $500,000 up to $3 million. The current language limits the maximum density to 1 DU/1 AC clustered on 40% of the land. The proposed text amendment allows additional density for the implementation of workforce housing similar to the current program yet with a minimum of 40% workforce housing requirement. Allowing the AgR-MLU’s to develop at densities greater than 1 DU/5 AC and 1DU/1 AC provides one of the needed incentives to offset the increasing cost of land and construction in order to provide a specific segment of the County’s population with the housing that it desperately needs. Policy 1.5.1-#: Residential uses that are included within an Agricultural Reserve Multiple Land Use Development (AgR-MLU) shall be permitted to develop at a density greater than one dwelling unit per acre (1DU/1AC) only when providing a minimum of two housing types, congregate living facility (CLF) units may be included as one of the two housing types. Additionally, in order to achieve any density above 1DU/1AC, the proposed AgR-MLU shall include a minimum of 40% Workforce Housing units. CLF beds shall not be required to provide Workforce Housing units and shall follow Policy 1.5-j, 1.5-s, and Table III.C.2. Description of Proposed Change: This new policy is proposed to be added after 1.5.1-q and adds an Agricultural Reserve Multiple Land Use (AgR-MLU) Development as another development option containing residential development. This policy allows for residential density within the AgR-MLU to exceed one dwelling unit per acre.


Justification of Proposed Change: The Applicant desires to allow for the development of the Property as an AgR-MLU which will contain multi-family residential units of which 40% will be identified as workforce units. Additionally, the Applicant desires to provide for the development of a congregate living facility (“CLF”) which is another much needed use for the residents of the Agricultural Reserve Tier. The Agricultural Reserve Tier objectives call for a mix of housing options within the Tier. In order to develop a mix of housing including workforce units and a CLF, additional density must be available to the Property. The Agricultural Reserve Tier intended to allow for development while ensuring the preservation of farmland and environmentally sensitive lands. The original Master Plan called for a sustainable development pattern with a variety of uses and intensities. Sustainable development is generally more intense as it encourages the provision of public transportation, mixed use, and affordable housing. The compact higher intensity development is needed to ensure that there are shorter distances traveled to needed services and transportation (i.e. highways, public transit). Allowing the proposed AgR-MLU to develop at a higher density will offset the cost of land which is currently driving the increase in housing prices. Lower density development creates urban sprawl which increases public/municipal costs of service provision and leads to higher costs of construction ultimately leading to more expensive housing and commercial rents. This is not a sustainable planning practice. Policy 1.5-k: Commercial and mixed uses in the Agricultural Reserve Tier shall be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farmworker community, existing residents, and future residents the Tier. Description of Proposed Change: This policy amendment will strike language related to location of commercial development being located central to the Tier. Justification of Proposed Change: When the Agricultural Reserve Master Plan was developed, it envisioned a concentric zone model of development with two nodes of intense development located at the intersections of Boynton Beach Boulevard and Lyons Road and Atlantic Avenue and Lyons Road. This concentric zone model of planning has the most intense development in the middle with less intense development radiating outward. Unfortunately, the Agricultural Reserve Tier did not actually develop in this fashion rather it developed along corridors much like the sector model of planning. Residential developments are approved along the major rights-of-way within the Tier and preservation parcels are spotted throughout much like a patchwork quilt.


Concentric Zone Model Sector Model

Concentric Zone Model Sector Model As demonstrated in the pictures above, much of the commercial/industrial development has occurred in a linear pattern along the major thoroughfares of Boynton Beach Boulevard, Atlantic Avenue, and even State Road 7. Residential developments have developed throughout the entire Tier where land has become available for purchase. Developers are getting more creative with how land is getting assembled to meet the requirements for preservation. Land that was once designated as a development parcel has been changed to preservation and vice-versa. This constant fluctuation of land adds to the piecemeal development pattern occurring throughout the Tier which does not conform with the Master Plan’s intent for development.

Boynton Beach Blvd.

Atlantic Avenue


Policy 1.5-m: In order to facilitate community growth, reduce traffic, and maintain open space, the County shall limit the locations of new commercial and mixed use future land use designations within the Agricultural Reserve Tier to within two three commercial-mixed use centers. These centers are central to the Tier and intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. The two three commercial-mixed use centers define the areas within ¼ mile of the intersection of Lyons Road and Boynton Beach Boulevard, and the intersection of Lyons Road and Atlantic Avenue, and the intersection of the Florida Turnpike and Atlantic Avenue. In addition, the pre-existing commercial properties identified in Policy 1-5-i are allowed, and the County may consider future lands use amendments for sites that share a common property line with pre-existing commercial properties identified in Policy 1.5-i to square off those locations. Description of Proposed Change: This policy amendment will add the intersection at the Florida Turnpike and Atlantic Avenue as an appropriate location for commercial and mixed-use designations. Additionally, language has been struck related to location of commercial development being located central to the Tier. Justification of Proposed Change: The addition of this major transportation node will serve as an appropriate location for mixed-use. This intersection is centrally located north to south within the Agricultural Reserve Tier and allows for easy access of the future residents of the development to Atlantic Avenue and the Florida Turnpike. In addition, the existing TMD located at Lyons Road and Atlantic Avenue operates as an entertainment node. Specifically, the Frank Theatres CineBowl & Grille, which includes a full service restaurant and bar, a full sized movie theater as well as a full sized bowling alley, is a destination spot for residents of Wellington, Delray Beach, Boynton Beach, and other cities and communities well outside of the Agricultural Reserve Tier boundaries. The proposed additional location is important because the Atlantic Avenue corridor is a unique corridor within the Agricultural Reserve Tier. The corridor contains multiple land use categories from Commercial to Industrial to Agricultural. Many industrial uses have been developed on the north side of Atlantic Avenue east of State Road 7. Additionally, Bethesda West Hospital is located at State Road 7 and Boynton Beach Boulevard. This weakens the original intent that development within the Agricultural Reserve shall be limited to serve the residents of the Tier. These uses include an automotive body repair shop, golf cart sales & service, and a contractor storage yard. No industrial uses have been developed on the south side of Atlantic Avenue yet, but with recent zoning changes in progress, it is anticipated that new industrial development is forthcoming within the next year or so. As previously mentioned, when the Agricultural Reserve Master Plan was developed it envisioned a concentric zone model of development with two nodes of intense development located at the intersections of Boynton Beach Boulevard and Lyons Road and Atlantic Avenue and Lyons Road. However, the Agricultural Reserve Tier did not actually develop in this fashion rather it developed along corridors much like the sector model of planning. This is further shown by the existing industrially designated strip of land on Atlantic Avenue west of Lyons Road. This development pattern has already taken shape along Boynton Beach Boulevard as evidenced by Bethesda Hospital, the Homrich Property, West Boynton Center – Smigiel, Somerset Academy Charter School, the Boynton Beach Community Church, and Caridad Center.


The proposed location for another mixed-use development at the intersection of Atlantic Avenue and the Florida Turnpike serves as the southern gateway to the Agricultural Reserve Tier. This proposed intersection is also important as is can provide a transition between the Urban/Suburban Tier and the existing TMD where the proposed uses including: retail, hotel, restaurants, CLF/memory care, and multi-family residential all of which will support the existing and planned commercial, industrial, and single-family residential uses. Policy 1.5-n: The County shall ensure a sustainable development pattern is achieved in the Agricultural Reserve by allowing commercial uses while ensuring that the supply of commercial square footage does not exceed the demand of the farm workers and residents of the Tier. The County may approve a maximum of 980,000 1,208,000 square feet of commercial uses (retail, service and office) within the Tier. Description of Proposed Change: This policy amendment increases the square footage cap for commercial development within the Agricultural Reserve Tier. Justification of Proposed Change: The BCC has indicated that the commercial square footage cap shall remain but may be adjusted on a case by case basis. This proposed project provides the needed justification for raising the cap to allow for the proposed project to be developed. In addition, this policy states that the intent of the commercial square footage cap is to ensure a sustainable development pattern. According to the World Commission on Environment and Development, the definition of a sustainable development is “development that meets the needs of the present without compromising the ability of future generations to meet their own needs. In contains within it two key concepts: 1) the concept of ‘needs’, in particular, the essential needs of the world’s poor, to which overriding priority should be given; and 2) the idea of limitations imposed by the state of technology and social organization on the environment’s ability to meet present and future needs.” Sustainable design principals oppose solitary housing estates and suburban sprawl with long commuting distances. Increasing the commercial square footage cap for the Agricultural Reserve Tier will allow the development of additional commercial to meet the needs of the increasing number of residents within the Tier. These residents should not have to drive extended distances to needed retail, restaurants, and other services. Additionally, this additional commercial development will help offset the cost of providing the much-needed workforce housing to the Tier further contributing to the sustainability of the Agricultural Reserve Tier. The 2025 Tier population projection (37,455 residents) equates to the eighth largest Palm Beach County municipality; roughly equivalent to the current population of Greenacres, Lake Worth or Royal Palm Beach. This projected population increase will need commercial services in the area. Securing enough commercial square footage within the Agricultural Reserve Tier will ensure that traffic trips and distances are reduced within the Tier and travelling to the east outside of the Tier. Policy 1.5.1-q: AGR-Multiple Use Planned Development. New Agricultural Reserve Multiple Use Planned Developments (AgR-MUPD) in the Ag Reserve Tier shall meet the following requirements:

1. Preserve Areas shall not be required for a property that is 16 acres or less in size as of January 1, 2016. For purposes of this policy, the term ‘property’ is defined as a property control number as configured on January 1, 2016. The acreage shall be exclusive of right-of-way as shown on the Thoroughfare Right-of-Way Identification Map;





5. An AgR-MUPD may be granted up to a 100% reduction in the Preserve Area acreage when developed as an AgR-MLU and provide a minimum of 40% of the residential units (excluding CLF beds) as Workforce Housing units as determined by the Board of County Commissioners during the development review process. The ULDC shall be revised to implement this concept..

Description of Proposed Change: This policy amendment allows for AgR-MLUs that provide workforce housing units to be granted a reduction for the provision of preservation acreage. Justification of Proposed Change: The Applicant desires to allow for the development of a significant amount of workforce housing units. The provision of workforce housing puts an economic burden on a developer as does the provision of preservation land. To fulfill a need for workforce housing in an area with average home prices of $635,000, certain incentives should be granted. Within the Urban/Suburban Tier, the incentives include reduced processing time, additional density, and reduction in TPS standards. In addition a similar text amendment was previously contemplated by the Planning Staff as discussed in a prior text amendment in Amendment Round 16-B that was subsequently struck prior to being heard at any public hearings. It is also important to note that much of the land within the Agricultural Tier has already been designated as either a development parcel or preserve parcel. Current Comprehensive Plan text changes have allowed developers to designate smaller parcels as preservation in order to encourage further assemblage of land for either development or preservation. The residential developers currently building in the Agriculture Reserve Tier are now able to develop more units without contributing to the County’s Workforce Housing program. The provision of Workforce Housing for the residents of Palm Beach County has been a significant topic raised by every Board of County Commissioner. Commissioners, as well as the County Administrator, have reiterated that Workforce Housing is a top priority for the entire County. This amendment will provide the needed incentive for the project developer to provide such housing in an area of Palm Beach County where is currently non-existent. Policy 1.5.1-# AGR-Multiple Land Use Development. The Agricultural Reserve Multiple Land Use Development (AgR-MLU) is project specific and is limited to projects that demonstrate a functional integration and mix of land uses which exceeds minimum zoning requirements. The AgR-MLU is a planned development intended to provide a development that has commercial and residential uses horizontally integrated. In addition to meeting the intent of the Multiple Land Use (MLU) as described in Objective 4.4.2, an AgR-MLU shall also meet the following requirements:

1. The total land area shall be a minimum of 50 acres;


2. The AgR-MLU shall be located within ¼ mile of the intersection of Atlantic Avenue and the Florida Turnpike; and

3. To accommodate the need for workforce housing within the Agricultural Reserve Tier, Agricultural Reserve Multiple Land Use Developments (AgR-MLU) shall include a minimum of 40 percent of the total number of residential units as Workforce Housing units. CLF beds shall not be included in the total amount of residential units.

Description of Proposed Change: This additional policy creates the new AgR-MLU and provides minimum requirements for the development of an AgR-MLU. Justification of Proposed Change: The Applicant desires to develop a mixed-use project that will meet the original intent for mixed-use developments within the Agricultural Reserve Tier. The This proposed policy builds upon the existing language applicable to Multiple Land Use (MLU) projects while adding supplementary criteria for an Agricultural Reserve Multiple Land Use (AgR-MLU) project. The Applicant intends to develop a significant amount of workforce housing as well as a CLF to provide alternative housing options for the Tier residents. In order to ensure that workforce housing units are included within the development, the policy requires a minimum percentage of the total number of units to fall within the Workforce Housing Program income limits. The policy limits the acreage of the proposed development as well as the location. Finally, this policy limits the maximum intensity and density to that approved by the site specific land use amendment. This flexibility is needed in order to allow for the proposed development to increase and decrease intensity and density while keeping the maximum number of traffic trips the same. 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): … …This policy shall not be applicable to an Agricultural Enclave adopted pursuant to Policy 2.2.5-d. This policy shall not be applicable to the area designated as SR-7 Economic Development Overlay (EDO). This policy shall not be applicable to the area designated as Industrial in the Urban Service Area of the Glades Tier amended by FLUA Amendment Inland Logistics Center (LGA 2010-024). This policy shall not be applicable to the Western Communities Residential Overlay. This policy shall not be applicable to the Western Communities Residential Overlay. This policy shall not be applicable to the 50.99 acre AgR-MLU located at the northwest corner of the Florida Turnpike and Atlantic Avenue, Delray Beach, as amended by FLUA Amendment Morningstar Nursery (LGA 2017-008).

Description of Proposed Change: This policy amendment exempts this AgR-MLU development from complying with comprehensive plan traffic limitations. Justification of Proposed Change: The proposed project does not meet Policy 3.5-d because of a Short Range Level of Service (Test 2) failure on the one mile roadway link of W. Atlantic Avenue from Hagen Ranch Road to Jog Road in the PM peak hour eastbound direction. Policy 3.5-d is a local policy not required by Chapter 163. Exempting an application from Policy 3.5-d does not exempt the project from concurrency, nor create an inconsistency with state


concurrency requirements. Concurrency is regulated by Transportation Element Policy 1.1-b of the Comprehensive Plan and is demonstrated at the rezoning/development order stage, not the plan amendment stage. The Applicant has demonstrated that this development will meet the long range (2040) roadway levels of service. The Test 2 (five year) failure can and will be addressed at time of Concurrency. It is also important to note that FDOT has adopted new capacity standards in the “2012 FDOT Quality/Level of Service Handbook.” Palm Beach County is still utilizing old capacity standards from 2009. By applying the adopted FDOT 2012 capacity standards to the failing link of W. Atlantic Avenue, the Short Range Level of Service (Test 2) requirement is met. It is important to note that W. Atlantic Avenue is a state road, further justifying the use of the updated FDOT capacity standards. Atlantic Avenue has had a temporary CRALLS designation for the benefit of the following developments:

Terranova Residential Project Terranova Commercial Project Montage Project TMD Project (Delray Marketplace) HomeDevco Project Appolonia Project Bosco Project Dubois Project

These developments paid into the Atlantic Avenue contribution fund to pay for the four-laning of W. Atlantic Avenue from Lyons Road to Starkey Road and the six-laning of W. Atlantic Avenue from Florida's Turnpike to Jog Road. The four-lane segment was constructed, but not the six-lane segment. The county still has the remaining funds ($7,000,000 according to the Five Year Road Program.) In September 2016, the MPO added the six-lane segment (from Lyons Rd to Jog Rd) to its Major Project priority list. In response to this action, FDOT allocated $500K in FY 19 for data collection and $2.5M in FY 20 for PD&E analysis of the widening from 4-6 lanes in the FY 18-22 Tentative Work Program. The MPO voted to approve the program at the December 2016 meeting. This should become official with the next FDOT work program on July 1, 2017. While construction has not been scheduled yet, it is estimated that it could occur in FY 25. The Applicant is willing to pay into this fund via a Proportionate Share agreement to be established during the Site Plan/Concurrency application phase. With the exemption from Policy 3.5-d, the Applicant can pursue improvements to the Atlantic Avenue/Starkey Road intersection, such as turn lanes and traffic signalization that will benefit the existing landowners along Starkey Road and Persimmon Avenue. The Applicant also has the ability to build a true mixed-use development that can 1) provide internalization of project trips, thus reducing the need for some external trips and 2) capture some shopping/dining/work trips already on Atlantic Avenue, thus reducing trips further east on the failing link of Atlantic Avenue. This exemption will facilitate density and intensity over and above the limitation of this policy. The Applicant intends to develop a mixed-use project unlike any other within the Agricultural Reserve Tier. The Applicant intends to provide a much needed workforce housing component to serve the Agricultural Reserve Tier. Without an exemption, Policy 3.5-d would limit the residential component


to 125 multi-family dwelling units, thus eliminating the potential for 144 workforce housing units (or reducing the workforce housing from 144 to 50 units - 40% of 125.) Table III.C: 3. Within the Ag Reserve Tier, Urban Residential Future Land Use Designations may be requested if the subject property requests an AgR-MLU designation; thereby providing for a minimum of 40% of the residential units as workforce housing. Description of Proposed Change: This Table amendment adds a note to Agricultural Reserve Tier column to allow increased densities within the Agricultural Reserve Tier when providing workforce housing. Justification of Proposed Change: The Applicant desires to allow for the development of a significant amount of workforce housing units. The provision of workforce housing puts an economic burden on a developer as does the provision of preservation land. To fulfill a need for workforce housing in an area with average home prices of $635,000, certain incentives should be granted. The proposed incentive is one that was previously contemplated by the Planning Staff as discussed in a prior text amendment in Amendment Round 16-B that was subsequently struck prior to being heard at any public hearings. The provision of Workforce Housing for the residents of Palm Beach County has been a significant topic raised by every Board of County Commissioner. Commissioners, as well as the County Administrator, have reiterated that Workforce Housing is a top priority for the entire County. This amendment will provide the needed incentive to any developer desiring to provide such housing in an area of Palm Beach County where is currently non-existent. ULDC CHANGES ULDC changes are required as residential uses are currently not permitted within an MUPD. A privately initiated amendment to the County’s ULDC has been submitted to the Zoning Division. A copy of that submittal has been provided as a courtesy to the Planning Division as Attachment T. II. PROPOSED FLUA MAP AMENDMENT (Assumes approval of the proposed Text amendment) JUSTIFICATION A written Justification Statement is required for FLUA map amendments, per Future Land Use Element Policy 2.1-f. The Justification Statement must demonstrate that a change in an FLUA designation is warranted. The Justification Statement must adequately demonstrate the following two factors:

1. The proposed use is suitable and appropriate for the Subject Site; and 2. There is a basis for the proposed FLU Land Use designation for the Subject Site based upon

one or more of the following: 3. Changes in the FLU designations on adjacent properties or properties in the immediate area

and associated impacts on the Subject Site; 4. Changes in the access or characteristics of the general area and associated impacts on the

Subject Site;


5. New information or change in circumstances which affect the Subject Site; 6. Inappropriateness of the adopted FLU designation; or 7. Whether the adopted FLU designation was assigned in error.

The following terms, defined in the Introduction and Administration Element of the Comprehensive Plan, are used in the following discussion: Commercial Uses – Activities within land areas which are predominantly connected with the

sale, rental and distribution of products or performance of services. Community – A defined geographic area that consists of one or more residential neighborhoods

and other uses, which primarily serve surrounding neighborhoods and local businesses. Neighborhood – A defined compact area consisting of residents which may include uses to serve

the daily needs of the residents, such as shops, workplaces, recreational areas and civic uses (schools, places of worship), that are accessible by interconnected streets.

Node – A collection of similar land uses clustered immediately around a central feature, such as an intersection or a public space. Most often associated with commercial development.

Description of the Site Vicinity and Proposed FLUA Amendment The subject site, which is the object of a FLUA amendment to AgR-MLU [CL & HR-8], consists of an approximate 50-acre parcel of land located on the northwest quadrant of the intersection of the Florida Turnpike and Atlantic Avenue. The proposed FLUA designation will permit a limited range of neighborhood-oriented commercial activities and residential options designed to service the Agricultural Reserve Tier. The proposed commercial development component includes retail, hotel and restaurant uses that normally locate in neighborhood and community-scale nodes. Proposed residential uses include multiple-family and congregate living alternatives not currently available within the Agricultural Reserve Tier. Specifically, the proposed mixed commercial/residential development concept consists of the following uses:

1. Commercial: Retail/restaurant –155,000 SF. 2. Hotel: 130 rooms (73,000 SF). 3. Residential: Multiple-family – 360 units (40% workforce housing); and Congregate living

– 115 beds. Land uses of properties directly abutting the subject site include the following:

North – Redwing Farms, a 19-acre wholesale nursery. South – West Atlantic Avenue, a 4-lane divided designated Urban Minor Arterial roadway

(Florida’s Turnpike west to State Road 7) followed by Pro Gardens a 10-acre wholesale/retail nursery and Delray Lakes Estates residential community.

East – Florida’s Turnpike southbound exit ramp and Interchange at West Atlantic Avenue. West – Starkey Road, a 2-lane local street followed by One-Mile Properties a 150-acre farm.

The subject property (Morningstar Nursery, Inc.) is located within the Agricultural Reserve Tier and currently assigned an FLUA designation of AGR and an AGR zoning designation. The current use, as assigned by the Palm Beach County Property Appraiser, is wholesale nursery, in part, and pasture, in part. The wholesale nursery is no longer in business and the property owner now leases the shade


houses on-site to an adjacent property owner. A 17,800 sq. ft. office/warehouse building, used for agricultural purposes, is located on the property. The following chart represents the minimum and maximum intensities proposed for the AgR-MLU as well as voluntary conditions of approval.

Conditions of Approval 1. Development of the site is limited to residential dwelling units and non-residential square footage that is equal to or less than, a maximum new external daily trips of 8,869 and a maximum new external peak hour trips of 319 am and 778 pm trips. 2. Commercial uses for the site shall be limited to a maximum of 155,000 sq. ft. (excluding the 73,000 sq. ft. 130 room hotel). 3. A minimum 10% of the property must be committed to Usable Open Space. Usable Open Space is defined as pervious, vegetated areas, parks and squares as well as impervious “hardscaped” areas which are openly accessible to the public, such as plazas, squares, and courtyards. This open space can be used for passive or active recreation as well as formal and informal gatherings; however, credit shall not be given for; any indoor or climate-controlled spaces, road rights-of-way, building setback areas, impervious surface courts (tennis, basketball, handball, etc.), swimming pools, parking lots, and any pervious green area not intended for passive or active recreation or gathering of a formal or informal nature. 4. The Zoning development order shall provide at least 40% of the residential units as workforce housing subject to the following requirements: a. The property owner shall provide these units on site, and between 60-140% of the Average Median Income ranges for the County, in four ranges (60-80%, 81-100%, 101-120%, and 120-140%). 5. Prior to the final adoption of the amendment a condition shall be established in the adopting ordinance that will ensure the concurrent development of the residential and commercial uses, such as commencing construction of a minimum of 50% residential units prior to the completion of 50% of the commercial square footage. 6. The adoption of the proposed Comprehensive Plan Future Land Use and Text amendment must be held concurrently with the rezoning application.

Acres Intensity/Density Use Minimum Maximum Minimum Maximum CL 11 acres 31 acres 98,000 SF 155,000 SF of Commercial

Uses & 73,000 SF 130 Room Hotel (Total 228,000 SF)

HR-8 (Residential & CLF)

20 acres 40 acres 221 units 408 units


7. The Applicant shall record a conservation easement on a minimum of 5 acres of off-site preservation area prior to Final Site/Subdivision Plan approval. Agricultural Reserve Tier Comprehensive Plan Directives Objective 1.5 of the Future Land Use Element of the Comprehensive Plan, as revised by Ordinance 2016-08 and the companion text amendment contain land use objectives and policies for the Agricultural Reserve Tier. The principal objective of the Tier is to preserve and enhance agricultural activity, environmental and water resources, and open space within the Agricultural Reserve Tier. In addition to Objective 1.5, the Future Land Use Element contains specific policies as modified by the companion text amendment related to the location and amount of commercial/mixed-use development in the Agricultural Reserve Tier. From these Policies, Comprehensive Plan commercial and mixed-use land use directives within the Agricultural Reserve Tier are summarized as follows: Commercial and mixed use shall be designed at a neighborhood or community scale in order to

be limited to serving the needs of the farm worker community, existing residents and future residents of the Tier.

In order to facilitate community growth, reduce traffic, and maintain open space, the locations of new commercial and mixed use FLU designations shall be limited to three commercial-mixed use centers. These centers are central to the Tier and intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. The three centers, or nodes, are defined as follows:

The area within ¼ mile of the intersection of Lyons Road with Boynton Beach Boulevard. The area within ¼ mile of the intersection of Lyons Road with Boynton Beach Boulevard. The area within ¼ mile of the intersection of Florida’s Turnpike and West Atlantic Avenue. In order to ensure a sustainable development pattern and an adequate supply of commercial

square footage, a maximum of 1,208,000 sq. ft. of commercial space (retail, hotel, service and office uses) may be approved within the Tier.

Supportive Data and Analysis The Managed Growth Tier System was adopted into the Comprehensive Plan in 1999, including the establishment of the Ag Reserve Tier. This effort included the incorporation of Agricultural Reserve Master Plan concepts within the Comprehensive Plan. Land uses within the Agricultural Reserve are summarized in Table 1.

Table 1 - 1999 Ag Reserve Land Use Inventory

Land Use Acreage % of Total Agriculture and Related Uses 12,913 61.7 Equestrian 775 3.7 Agricultural Easements 781 3.7 Developed (Residential/Commercial) 1,528 7.4 Excavation 232 1,0 Conservation 4,151 19.8 Vacant 591 2.8 Total 20,923 100.1


Source: Exhibit 1-3: Palm Beach County Agricultural Reserve Master Plan Phase I Reports Population within the Agricultural Reserve Tier using Traffic Analysis Zone (TAZ) data prepared by the Palm Beach County Planning Division was estimated at 1,986 residents in 1999. Population projections presented in Table 2 illustrate the rapid population growth that has occurred within the Tier since 1999 and continued growth projected over the next 20 years. From Table 2, the current (2015) population within the Tier is estimated at 22,627 residents. TAZ-based projections indicate that the population will increase to 37,455 residents (an increase of 66%, or 14,828 residents) by 2025 and 40,271 (an additional increase of 12%, or 2,816 residents) by 2035. In total, the population in the Tier is projected to increase by 78% during the 2015 to 2035 period. The 2025 Tier population projection (37,455 residents) equates to the eighth largest Palm Beach County municipality; roughly equivalent to the current population of Greenacres, Lake Worth or Royal Palm Beach.

Table 2 – Agricultural Reserve Population Projections

TAZ

Year 2012 2013 2015 2020 2025 2030 2035

742 138 138 143 155 182 208 272 745 891 899 975 1,154 1,327 1,459 1,538 746 117 241 495 1,544 1,569 1,610 1,638 747 11 12 12 12 13 15 16 748 1,757 2,004 1,929 1,949 2,002 2,090 2,142 749 2,263 2,310 2,574 3,278 3,306 3,350 3,382 750 3,279 3,305 3,480 4,520 4,559 4,619 4,664 751 0 0 281 1,142 1,303 1,339 1,362 752 18 18 18 19 19 20 20 753 58 58 336 916 920 926 931 754 2 2 226 1,171 1,176 1,184 1,191 756 13 13 13 13 13 13 13 757 0 0 0 0 0 0 0 758 455 459 589 1,007 1,083 1,132 1,161 759 3 3 3 119 241 242 244 760 305 309 358 1,020 1,131 1,151 1,203 761 1,250 1,252 1,581 2,389 2,843 2,863 2,882 762 1,033 1,043 1,307 1,860 2,166 2,296 2,350 763 182 193 502 1,625 3,017 3,431 3,453 764 261 266 273 277 279 281 283 765 41 227 701 1,377 1,412 1,471 1,506 766 0 49 326 328 335 345 352 767 131 136 140 150 163 177 200 880 1,124 1,161 1,342 1,489 1,531 1,572 1,5971021 2,281 2,356 2,539 2,969 3,400 3,738 4,1291022 742 747 801 903 976 1,026 1,0671023 134 138 154 196 241 280 3091028 1,092 1,099 1,202 1,366 1,452 1,503 1,5291030 0 0 114 556 569 590 6031031 0 0 0 0 0 0 0


1032 203 208 213 221 226 231 235Total 17,786 18,647 22,627 33,724 37,455 39,165 40,271Source: Palm Beach County Planning Division; 2013 According to the Agricultural Reserve Workshop March 24, 2015 Executive Summary, approximately 10,500 acres, or roughly 50% of the Tier remains in agricultural use illustrating the effectiveness of Comprehensive Plan policies in maintaining its agricultural character, while approving PUD, TMD and limited commercial developments. Recent Comprehensive Plan text amendments (Ref: Ordinance 2016-08) and those proposed in the companion text amendment will ensure continued agricultural viability within the Tier while providing for the evolving needs of its residents. Key recent policy adjustments, including the companion text amendments, as they relate to the subject FLUA Map Amendment include:

1. Recognition that community-scale commercial in addition neighborhood-scale commercial is necessary to serve the increasing needs of Tier residents.

2. The addition of a third mixed-use development center at the intersection of Florida’s Turnpike and West Atlantic Avenue.

3. Mixed-use centers are intended to combine neighborhood shops, community commercial, offices, civic institutions, and housing opportunities. Up to a maximum of 1,208,000 sq. ft. of commercial space (retail, hotel, service and office uses) may be approved within the Tier.

4. In addition to shopping, entertainment and services uses, Planned Developments may include housing opportunities.

Residential Supportive Data and Analysis The residential component of the proposed FLUA Map Amendment consists of multiple-family (i.e. 360 rental apartments) and congregate living (i.e. 115 beds) uses.

1. Multiple-Family Apartments

Census Tracts 77.13 and 77.53, in combination, approximate the area of the Agricultural Reserve Tier. Data from the 2010 Census are used as a basis to formulate observations and conclusions regarding housing and household conditions in the Tier. According to the Census, there were approximately 7,000 housing units in 2010 within the Tier, as defined by Census Tracts 77.13 and 77.53. Approximately 91% of the total were single-family detached units in comparison to the countywide rate of 46% Of the total households within the Tier, 533 were renter-occupied; 9% of the total occupied housing. In comparison, the countywide renter-occupancy rate was 29%. Using Census data, the 2010 median value of owner-occupied housing within the Tier was $636,990. In comparison, the 2010 countywide median value was $261,900. In addition, 2010 median gross monthly rents for the few available units within the Tier were substantially higher than countywide; $1,935 per month within the Tier versus $1,129 per month countywide. The great disparity between housing type, tenure and price characteristics in the Tier versus those countywide highlights the lack of housing choice within the Tier. The proposed residential


development component is oriented to increasing the supply of rental apartments within the Tier to accommodate the following:

1. Projected population growth during the 2015–2025 period (14,828 residents per Table 2).

2. Employees of existing and planned commercial businesses. From Table 2, population growth within the 2015–2025 period is projected at 14,828 residents. Assuming the maintenance of the 2010 average household size (3.18 persons); the Tier is projected to grow by 4,662 households over the course of the next ten years. Assuming that the renter-occupancy rate is maintained at the current low rate of 9% at a 5% stabilized vacancy rate, demand for rental housing within the Tier is projected at 442 units. However, assuming renter-occupancy increases to the current countywide rate of 29%, demand for apartments within the Tier generated by population growth will increase to 1,423 units. Additional demand for rental units is expected to be generated by employees of existing and approved commercial developments in the Tier. A comparison of the current average annual wage (i.e. $51,376 in 2015) in Palm Beach County with median home values and monthly rents within the Tier indicates that housing is not affordable to the average worker. In particular, the 2015 average wage of a retail worker is $31,420 per year. This leads to the conclusion that the majority of current and future workers within the Tier reside elsewhere. It is estimated that the projected 1,256,455 sq. ft. of supportable commercial space will employ an estimated 2,512 workers (i.e. 1,256,455 sq. ft. /500 sq. ft. /employee). Additional rental apartments, up to 40% of which may be designated as workforce housing units will provide an affordable housing alternative for workers employed in the Tier. Using employment data provided by the Florida Department of Economic Opportunity and licensed rental apartment data provided by the Florida Department of Business and Professional Regulation, it is estimated that demand for a rental apartment unit is generated by 8.2 employees. On this basis, the estimated 2,512 employees will generate demand for 309 apartment units. It is recognized that all employees will not reside within the Tier. However, it is concluded that demand generated by population growth and employment can support the proposed 360 units, including a 40% workforce housing component.

2. Congregate Living Accommodations

The following definitions are used to assess the proposed 115 bed CLF component:

Assisted Living Facility is typically defined as a communal living facility where personal and care assistance with daily living activities is provided. Residents receive 3 meals per day, recreational and social activities, housekeeping, linen service, apartment maintenance and transportation services. Assisted Living Facilities normally range in size from 60 to 120 beds. Due to the lack of facilities in the Agricultural Reserve Tier, it can be concluded that the proposed facility can easily accommodate 115 beds.

FLUA Map Amendment Justification Each proposed FLUA amendment must be found to be consistent with the Goals, Objectives, and Policies (GOPs) of the Comprehensive Plan. Future Land Use Element Policy 2.1.f requires that


adequate justification for the proposed future land use be provided. Further, the justification statement must demonstrate that a change is warranted and demonstrate the following two factors:

1. The proposed use is suitable and appropriate for the subject site.

Response: Section 1.D of the Future Land Use Element defines the characteristics of a livable community. Included among the characteristics is a central neighborhood or community focal point, such as a civic space or commercial area. Livable Community characteristics include commercial centers with a mix of commercial uses compatible with the character of the Tier. The proposed FLUA Map Amendment will create a mixed-use node at the intersection of Florida’s Turnpike and West Atlantic Avenue meeting a portion of the projected commercial and housing needs of residents and employees of the Agricultural Reserve Tier. Using TAZ data, population of the Tier is projected to increase by 14,828 residents during the 2015 – 2025 period and an additional 2,816 residents during the 2025 – 2035 period. The commercial component will provide additional goods and services necessary to meet the needs of projected population growth, while the residential component will provide a multiple-family housing alternative, including workforce housing, not currently available within the Tier. Objective 1.1.3 of the Future Land Use element states that future growth should be accommodated while prohibiting further urban sprawl by requiring the use of compact forms of sustainable development. The proposed FLUA Map Amendment enhances a clearly delineated functionally related, compact mixed use node at the intersection of Florida’s Turnpike and West Atlantic Avenue with available public facilities and utilities. Policy 2.2.1-b of the Future Land Use Element states that areas designated for residential use shall be protected from encroachment of incompatible future land uses and regulations shall be maintained 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.

2. There is a basis for the proposed FLU change for the particular subject site based upon one or more of the following:

1. Changes in FLU designations on adjacent properties or properties in the immediate

area and associated impacts on the subject site. Response: Approval of the Canyon Town Center AgR-TMD and Delray Market Place AgR-TMD constituted the initial step in creating mixed-use commercial nodes within the Agricultural Reserve Tier. The proposed FLUA Map Amendment will result in a third mixed-use node to serve the expanding needs of Tier residents generated by population growth. Additionally, the Board of County Commissioners has allowed smaller neighborhood serving commercial low land use amendments, further recognizing that changes are occurring within the Agricultural Reserve Tier. To date, none of the commercial nodes have developed a residential component. The fact that the proposed project incorporates both commercial and residential provides a true mixed-use development which is consistent with “good planning principles” and contributes to a sustainable development pattern.


2. Changes in the access or characteristics of the general area and associated impacts upon the subject site. Response: Construction of the Florida’s Turnpike Interchange at West Atlantic Avenue has resulted in increased accessibility to and from the southern portion of the Agricultural Reserve Tier. Related increased traffic and population growth has created demand for additional commercial and housing within the Tier. Additionally, it is important to note that the Property is located at a major transportation node. Access to and from the Property for residents and visitors alike will be easy. The Agricultural Reserve Master Plan originally intended that commercial development would occur at two nodes within the Tier with higher residential density immediately adjacent to those nodes. The Master Plan further intended for lower density residential to develop outside of the higher intensity core eventually transitioning to the Agricultural Preserve parcels. This development pattern has not occurred, rather development is sprinkled throughout the tier leapfrogging preservation parcels and other existing commercial and industrial type uses. The proposed FLUA Map Amendment will provide alternative housing options that were originally contemplated by the Master Plan. The Applicant desires to provide a CLF and multi-family residential units with a major workforce housing component to serve the residents and workers within the Agricultural Reserve Tier. The Agricultural Reserve Tier has been exempt from the requirements of the County’s Workforce Housing program, thus a consistent homogeneous development pattern has continued to develop in the Tier. Developers within this Tier are not required to provide the Workforce Housing units, thus imposing 100% of the burden to provide housing at a lower cost on the developers within with Urban/Suburban Tier.

3. New information or change in circumstances which affect the subject site.

Response: In terms of the proposed FLUA Map Amendment, recently updated population projections (2013 TAZ projections) indicate strong demand/need for additional commercial retail space during the 2015 – 2025 period within the Agricultural Reserve Tier. Based upon Comprehensive Plan directives, the Florida’s Turnpike/West Atlantic Avenue intersection is an appropriate location for additional mixed-use development to address projected demand within the Tier. Other changed circumstances include the recent FLU amendments to Commercial Low (i.e. Dells Suburban Market, Fina Station, Delray Growers, Fuerring Commercial, Seneca, and Stop & Shop) along Atlantic Avenue and within proximity of the Property.

4. Inappropriateness of the adopted FLU designation.

Response: AGR is not the most appropriate FLUA designation for the subject site to create an appropriate balance of land uses within the Agricultural Reserve Tier, as Policy 1.5-# has identified the site as appropriate for an AgR-MLU use.

5. Whether the adopted FLU designation was assigned in error.

Response: NA

RESIDENTIAL DENSITY INCREASES


The Applicant desires to allow additional density to be developed on the Property. The Workforce Housing Program and Transfer of Development Rights Program cannot be utilized within the Agricultural Reserve Tier. The Applicant is proposing a set number of residential units as well as CLF beds as part of this proposed land use amendment. As described above in the “Residential Supportive Data and Analysis” there is a need for the additional residential units proposed by this Comprehensive Plan Future Land Use Atlas Amendment. There is a great disparity between housing type, tenure and price characteristics in the Agricultural Reserve Tier versus those countywide. There is a significant lack of housing choice within this Tier. The proposed residential development component is oriented to increasing the supply of rental apartments within the Tier as well as provide a significant amount of Workforce Housing units. The proposed amendment will also allow for the development of a CLF, thus providing more housing options for the residents of the Tier. The addition of a CLF will allow for the aging population of the Agricultural Reserve Tier to relocate within their community thus not moving away from the friends, family, and community in which they were previously living. COMPREHENSIVE PLAN The proposed Future Land Use Atlas Amendment is consistent with various goals, objectives, and policies in the Palm Beach County Comprehensive Plan as detailed below. Furthermore, the proposed amendment is consistent with the Agricultural Reserve Master Plan and Delray Alliance Neighborhood goals, objectives, and policies. Goals – The proposed future land use amendment furthers the County’s goals as described below. Balanced Growth – “…to recognize the diverse communities within the County, to implement strategies to create and protect quality livable communities respecting the lifestyle choices for current residents, future generations, and visitors, and to promote the enhancement of areas in need of assistance.” Response: Approval of this amendment will allow for the development of a mixed use project that will meet the original intent of the Agricultural Reserve Master Plan. The proposed project will consist of neighborhood serving commercial uses, workforce housing options and a congregate living facility for the residents of the Agricultural Reserve Tier. Allowing these uses within the Agricultural Reserve Tier will ensure that this area of Palm Beach County has the needed services and housing opportunities to serve the residents thus promoting and enhancing the quality of life for current and future residents of the area.

Land Planning – “…to create and maintain livable communities, promote the quality of life, provide for a distribution of land uses of various types, and at a range of densities and intensities, and to balance the physical, social, cultural, and environmental and economic needs of the current and projected residents and visitor populations. This shall be accomplished in a manner that protects and maintains a diversity of lifestyle choices, and provides for the timely, cost-effective provision of public facilities.” Response: Allowing additional mixed use developments within the Agricultural Reserve Tier will encourage and provide for the appropriate distribution of land uses that promotes the quality of life for the residents in the area. The existing Delray Marketplace TMD to the west does not provide the needed services to the residents within the area, rather it has become an entertainment node that draws many from outside of the Agricultural Reserve Tier. Allowing the proposed workforce housing will contribute to the overall quality of life in Palm Beach County by providing alternative housing


opportunities in an area that has become relatively homogeneous with respect to income levels and housing types.

Atlantic Avenue is a major east-west corridor with access to I-95, the Turnpike, and US 441. Infrastructure is already in place along this corridor to accommodate the existing residential and TMD that are already developed in the immediate vicinity of the Property.

Community Planning and Design – “…to develop and implement strategies that will enhance the quality of life within its neighborhoods and communities by ensuring that these areas are well-planned, visually pleasing, safe, and devoid of substandard housing and blight. Neighborhoods and communities shall also be accessible to all of the residents of Palm Beach County through an emphasis on the provision of a variety of housing opportunities through the continuous development of affordable housing.” Response: The Agricultural Reserve Master Plan’s intent was to create a well-planned community that provided a mix of uses as well as a variety of housing types while ensuring the protection of agriculture and environmentally sensitive lands. The development pattern that has occurred in the Agricultural Reserve Tier does not represent a well-planned community, but rather a patchwork of uses that may not be compatible with one another. There is a lack of diversity in housing options and limited commercial choices within the Tier. The proposed development will provide a significant amount of workforce housing units as well as provide additional commercial development opportunities for area residents. With the inclusion of a CLF, many of the residents will be able to stay in the community among friends and enjoy amenities offered within the development.

Objectives – The proposed future land use atlas amendment furthers the County’s objectives as further described below. Objective 1.5 The Agricultural Reserve Tier – “The Agricultural Reserve Tier encompasses unique farmland and wetlands that are to be preserved primarily for agriculture based on policy direction adopted by the Board of County Commissioners in 1995. The Agricultural Tier Objective and Policies were revised in 2001 to incorporate the findings contained within the Ag Reserve Master Plan dated October 2000. This document was a summary of consultant and staff recommendations, and Board direction, for the Ag Reserve Master Planning effort which took place over a period of years with several phases. The purpose of the Master Planning effort was: ‘To preserve and enhance agricultural activity and environmental and water resources in the Ag Reserve, and produce a master development plan compatible with these goals.’ A major emphasis of the initial phase was public outreach and the preparation of a set of guiding objectives that were prioritized by the Board of County Commissioners (BCC) during the development of the Ag Reserve Master Plan as follows:

1. Preserve and enhance agriculture 2. Enhance environmental resource value 3. Enhance water management capability 4. Enhance open space 5. Create a functional sustainable development pattern 6. Minimum costs/impacts to County taxpayers”

Response: Approval of this future land use amendment will allow for the development of an appropriate neighborhood serving commercial use for the residents of the Agricultural Reserve Tier. Allowing neighborhood serving commercial uses within the Agricultural Reserve Tier will ensure


that this area of Palm Beach County has the needed services to serve the residents thus promoting and enhancing the quality of life for current and future residents of the area. This amendment will also create a functional sustainable development pattern that was originally anticipated by the Master Plan but not attained with two approved TMDs (Canyon Town Center & Delray Marketplace).

Objective 2.1 Balanced Growth – “Palm Beach County shall designate on the Future Land Use Atlas sufficient land area in each land use designation to manage and direct future development to appropriate locations to achieve balanced growth. This shall be done to plan for population growth and its need for services, employment opportunities, and recreation and open space, while providing for the continuation of agriculture and the protection of the environment and natural resources through the long-range planning horizon.” Response: Allowing additional mixed use developments within the Agricultural Reserve Tier will encourage and provide for the appropriate distribution of land uses that promotes the quality of life for the residents in the area. The Agricultural Reserve Tier has steadily been growing with an increasing amount of residential developments. The residents of this Tier are also aging and will begin demanding congregate living facilities that are within close proximity to the services that they have become accustomed to as well as friends and family within the community. These residents need places to shop and dine without having to travel a significant distance. The additional commercial development that has occurred within the Tier has generated a greater need for alternative housing options that will be more affordable to those between 60% to 140% of AMI. Objective 4.4 Mixed-Use Development – “Palm Beach County Shall encourage the development of variety of innovative types of mixed-use projects” Response: Approval of the proposed amendment will allow for the development of a mixed-use project that was contemplated by the original Agricultural Reserve Master Plan that will encompass commercial uses and alternative housing options for the residents of the Agricultural Reserve Tier. The very definition of a well planned community is one that is compact and self-contained with a mix of uses providing for the daily need to live, work, play, worship, dine, and shop. Policies – The proposed future land use atlas amendment furthers the County’s policies as further described below. Policy 1.5-j: “Commercial and mixed uses in the Agricultural Reserve Tier shall be located central to the Tier and designed at a neighborhood or community scale in order to be limited to serving the needs of the farmworker community, existing residents, and future residents of the Tier.” Response: The proposed amendment to allow an additional mixed-use within the Agricultural Reserve Tier will be consistent and further the policy requiring commercial uses to serve the farmworker community and residents. As the population of the Agricultural Reserve Tier continues to increase and as new residential projects are approved and built, these residents will want options for commercial products and neighborhood commercial services that the existing approved regional commercial centers are not currently providing. Additionally, alternative housing options will be needed for those working within these existing commercial developments as well as for the aging population.

Policy1.5-o: “All future land use amendments seeking a Commercial designation in the Agricultural Reserve Tier are encouraged to be accompanied by a concurrent zoning application in order to demonstrate that the proposal meets the design, scale, and character requirements of the Tier.”


Response: A concurrent zoning application will be submitted with the proposed AgR-MLU development to demonstrate the proposed project’s consistency with the Tier’s design scale and character.

Policy 1.5.1-m: Agricultural Reserve Commercial and Mixed Use Planned Developments. All commercial and mixed use Planned Developments are intended to provide one or more uses in a manner that is compatible with the scale and character of the surrounding residential uses and designed to promote a sense of place. The commercial and mixed use Planned Developments provide uses that can include shopping, entertainment, business, services, employment, cultural, civic, schools, places of worship, government services, and/or housing opportunities in a manner that increases a sense of community by creating a stronger pedestrian orientation through design, placement and organization of buildings connected to a common public space, while dispersing parking and respecting and maintaining the character of the surrounding area. The commercial and mixed use Planned Developments are intended to provide neighborhood and community serving scaled uses. Regional and large-scale big-box uses are not permitted. Response: The purpose of the proposed AgR-MLU is to meet the original intent for the TMDs that were developed in order to promote a sense of place for the Tier. The AgR-MLU will be a mixed-use development that will encompass commercial uses, as well as alternative residential options such as a congregate living facility and multi-family units including a workforce housing component. The proposed AgR-MLU is not intended to be a regional commercial center and entertainment node such as the Delray Marketplace to the west on Atlantic Avenue.

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 used in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and service while maintaining the diversity of lifestyles in the County.” Response: The existing development pattern within the Agricultural Reserve Tier has become a patchwork quilt of uses that are not entirely compatible with one another. Large, expensive single family homes are developed in pockets between nurseries and other working farms. The proposed AgR-MLU will allow for the development of alternative housing options including a CLF, multi-family units, and workforce housing. Allowing these new uses within the Agricultural Reserve will contribute to and encourage the diversity of the Tier. The location, at the corner of the Florida Turnpike and Atlantic Avenue, provides for convenient shopping, living and working opportunities.

Policy 2.2.1-d: To facilitate development of affordable housing, the County shall not require an amendment to the Future Land Use Atlas to increase the density higher than the future land use category, provided the development is consistent with the Workforce Housing Program analysis or the Affordable Housing Program analysis required by policies in Housing Objective 1.1 and 1.5 and within the ULDC. Response: The existing Workforce Housing Program does not apply to developments within the Agricultural Reserve Tier. The weight of providing workforce housing to the residents to Palm Beach County has only fallen on those residential developments outside of this Tier. The intent of the Workforce Housing Program is to provide more affordable housing options throughout the entire County, however this area has been neglected. The addition of this AgR-MLU will require that 40% of the residential units (excluding the CLF beds) be developed consistent with the


Workforce Housing Program, thus bringing a much needed housing stock to this area of Palm Beach County.

Policy 4.4-a: “The County shall encourage and promote sustainable development by establishing mixed-use future land use designations and planned development districts.” Response: Approval of the proposed amendment will allow for the development of a mixed-use development with residential and commercial uses for the residents of the Agricultural Reserve Tier. The very definition of a well-planned and sustainable community is one that is compact and self-contained with a mix of uses providing for the daily need to live, work, play, worship, dine, and shop. FLORIDA STATE STATUTES Chapter 163.3177 is the principal state statute governing the contents of a comprehensive plan, including required and optional elements and the requirement for appropriate supportive data and analysis. It is concluded that, by completing the FLUA amendment application, as well as required attachments, the requirements of Chapter 163.3177 are adequately addressed. Key provisions of Chapter 163.3177, as is relates to the proposed amendment include the following:

1. Chapter 163.3177(1) “The comprehensive Plan shall provide principles, guidelines, standards and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area...”.

Response: Data and analysis demonstrating that the proposed FLUA Map Amendment can be supplied by necessary services without violating adopted LOS standards are presented in Attachment H (Traffic Letter and Study), J (Drainage Statement), K (Fire Rescue Letter), and I (Water and Wastewater Provider Letter). Data and analysis discussing environmental and historical resources impacts are presented in Attachments J (Drainage Statement), M (Wellfield Zone), L (Natural Features Inventory and Map) and N (Historic Resource Evaluation Letter). No negative environmental impacts are identified. Justification for the proposed amendment is based upon providing commercial services to current and future residents of the Agricultural Reserve Tier at a location supported by directives in the Comprehensive Plan. One of the County’s six broad principles guiding sustainable land use planning and development is to “Promote sustainable economic development initiatives in the County to diversify its economic base and enhance the quality of life of current and future County generations.” (Ref: Page 1 – FLUE, Palm Beach County Comprehensive Plan). The proposed FLUA Map Amendment will assist in implementing this directive and Objective 1.1.5 of the Future Land Use Element by creating opportunities for additional mixed-use land uses, including additional housing opportunities not currently available within the Agricultural Reserve Tier.

2. Chapter 163.3177(8) “All elements of the comprehensive plan, whether mandatory or

optional, shall be based upon data appropriate to the element involved…”. Response: Data and analysis presented in the FLUA Amendment Application and Attachments, including but not limited to the analysis presented herein support the proposed amendment.

COMPATIBILITY Compatible land uses are defined as those which are consistent with each other in that they do not create or foster undesirable health, safety, or aesthetic effects arising from direct association of


dissimilar activities, including the impacts of intensity of use, traffic, hours of operation, aesthetics, noise vibration, smoke, hazardous odors, radiation, and other land use conditions. To be compatible, it is not necessary that two uses have the exact same function (e.g. residential, commercial, institutional, etc.). Rather, compatibility is attained when uses do not adversely affect each other. Further, two uses whose functions are different can complement and support each other. For example, a commercial use can provide essential services to residents of surrounding neighborhoods, as well as the community at-large. In addition, buffering, screening, setback, height, and landscaping requirements can further enhance compatibility, and reduce the potential negative effects of functionally different land uses. Several factors lead to the conclusion that the proposed FLUA Map Amendment designation will be compatible with neighboring uses.

4. Primary access is available from West Atlantic Avenue, a designated Urban Minor Arterial road, thus directing traffic away from local roads in the vicinity.

5. Proximity to the intersection of Florida’s Turnpike and West Atlantic Avenue is a proposed location for mixed-use development to serve the Agricultural Reserve Tier. On this basis, the proposed development concept at this location is determined to be compatible.

6. The proposed use is consistent with the mixed use development pattern that has occurred along the West Atlantic Avenue corridor at, or near, its intersections with major north-south roads. In addition to agriculture, the mix of uses includes the following: Civic - U.S. Post Office facility, Our Lady Queen of Peace and Mission Medical Center Industrial - Synergy Gas, Half-Mile Industries, Windmill Sprinkler and Hardware, Sunshine Golf Carts, Delray Collision Center, Blue Bell Creameries, and Storage Zone Self-Storage Commercial - Stop and Shop, Peanuts Country Store/Shell Gas, Delray Market Place, Seneca, Fuerring Commercial and Lyons Service Center

The above factors, coupled with setback, buffer and landscaping requirements will dictate that on-site structure(s) will not create or foster undesirable health, safety, or aesthetic effects in terms of its relationship to neighboring properties.


Exhibit 5

Conceptual Site Plan

Submitted by applicant for informational/conceptual purposes only


Exhibit 6

Applicant’s Public Facilities Table

VIII. Public Facilities Information

A. Traffic Information

Current FLU Maximum Conditioned or Concurrent

Max Trip Generation 5,512 8,869

Trip Increase Max.

Trip Inc. Conditioned or Concurrent

3,357

Significantly impacted roadway segments that fail Long Range

None

Significantly impacted roadway segments for Test 2

West Atlantic Avenue from Hagen Ranch Rd to Jog Road

Traffic Consultant Pinder Troutman Consulting

B. Mass Transit Information

Nearest Palm Tran Route (s)

Route 81 – Delray Beach via Atlantic Avenue

Nearest Palm Tran Stop

Oriole Plaza, Northeast corner of Hagen Ranch Road & Atlantic Avenue Approximately 1 mile to the east of Property

Nearest Tri Rail Connection

Delray Beach TriRail Station, East side of Congress Avenue, approximately ¼ mile south of Atlantic Avenue Approximately 5.5 miles to the east of the Property

C. Portable Water & Wastewater Information

Potable Water & Wastewater Providers

Palm Beach County Water Utilities Department (PBCWUD) Water LOS – 126 GPD Potable Water Wastewater LOS – 85 GPD Wastewater See Attachment I.

Nearest Water & Wastewater Facility, type/size

Along Atlantic Avenue, adjacent to the Property


D. Drainage Information

The drainage system will include a series of inlets and culverts to direct stormwater runoff into exfiltration trenches, dry detention area and possibly an on-site lake. See Drainage Statement as Attachment J.

E. Fire Rescue

Nearest Station PBC Fire-Rescue Station # 48, 8560 Hypoluxo Road

Distance to Site Approximately 3 miles

Response Time 8 minutes, 30 seconds

Effect on Resp. Time Minimal impact per the attached letter from PBC Fire-Rescue. See Attachment K.

F. Environmental

Significant habitats or species

There are no significant habitats or species on the Property. The site has previously cleared and utilized for a nursery. An aerial of the Property is provided as Attachment L.

Flood Zone* The Property is located in Zone X500, which is not a flood zone. See Flood Zone Map as Attachment M.

Wellfield Zone* The Property is not located within a Wellfield Protect Zone. See Wellfield Map as Attachment N.

* If the site is located within an A or V flood zone and/or within a Wellfield Protection zone, requests for greater intensity may be viewed unfavorable.

G. Historic Resources

There are no significant historic resources on the Property or within 500 feet of the Property. See Attachment O.

H. Parks and Recreation

Park Type Name & Location Level of Svc. (ac. per person)

Population Change

Change in Demand

Regional West Delray Regional Park 10875 Atlantic Avenue Delray Beach, Florida

0.00339 +975People +3.31 acres

Beach Gulfstream Beach Park 4489 N. Ocean Boulevard Gulfstream, Florida

0.00035 +975 People +0.34 acres

District Caloosa Park 1300 SW 35th Avenue Boynton Beach, Florida

0.00138 +975People +1.35 acres


I. Libraries

Library Name Hagen Ranch Road Branch

Address 14350 Hagen Ranch Road

City, State, Zip Delray Beach, Florida 33446

Distance 1.9 miles

Component Level of Service Population

Change Change in Demand

Collection 2 holdings per person +975 People +1,950 holdings

Periodicals 5 subscriptions per 1,000 persons +975 People +4.88 subscriptions

Info Technology $1.00 per person +975 People +$975

Professional staff 1 FTE per 7,500 persons +975 People +0.13 FTE

All other staff 3.35 FTE per professional librarian +975 People +0.44 FTE

Library facilities 0.34 sf per person +975 People +332 SF

J. Public Schools - Residential Only

Per the attached letter from the School District of Palm Beach County, the projected utilizations from elementary, middle, and high schools does not exceed 100%. Therefore, the proposed future land use amendment does not negatively impact schools. See Comment Letter as Attachment P.

Elementary Middle High

Name Hagen Road Elementary Carver Community Middle Olympic Heights Community High

Address 10565 Hagen Ranch Road 101 Barwick Road 20101 Lyons Road

City, State, Zip Boynton Beach, FL 33437 Delray Beach, FL 33445 Boca Raton, FL 33434

Distance 5.34 miles 4.2 miles 5.91 miles


Exhibit 7

Traffic Study

Traffic studies and other additional supplementary materials for site-specific amendments are

available to the public on the PBC Planning web page at:

http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx


Exhibit 8 Traffic Division Letter

Department of Engineering and Public Works

P.O. Box 2122g

West Palm Beach. FL 33416· 1229

(56 I) 684·4000

FIIX: (561) 684·4050

www.pbcgov.com

• Palm Beach county

Board of County Commissioners

Paulette Burdick. Mayor

Meli>sa M(Kinlay. Vice Mayor

tla l f\ . Valeche

Dave Kerner

Steven L. Abrams

Mar y Lou 11erger

Mack Bernard

County Administrator

Vcrdcnia C. Baker

~An Equal OppOrtunity

1\Jjm»m fve Aaron Employer ..

@ prmt.ed on recyced paper

June 27, 2017

Rebecca Mulcahy, P.E. Pinder Troutman Consulting, Inc. 2005 Vista Parkway, Suite 111 West Palm Beach, FL 33411

RE: Round 2017-B Morningstar Nursery Property PBC Comprehensive Plan FLUE Policy 3.5-d Review

Dear Ms. Mulcahy:

Palm Beach County Traffic Division has reviewed the revised Traffic Study for the proposed Future Land Use Amendment for the above referenced project, prepared by Pinder Troutman Consulting, Inc. dated June 2, 2017, pursuant to Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan. The project is summarized as follows:

Location:

PCN:

Size: Existing FLU: Existing Zoning: Existing Use: Existing Max Potential: Proposed FLU: Proposed Future Use: Proposed Potential:

Proposed Potential Daily Trips: Prop Potential Net Daily Trips: Prop Potential PH Trips:

Northwest Corner of the Florida Turnpike and W. Atlantic Avenue 00-42-46-17 -01-000-1020; 00-42-46-17 -01-000-0690; 00-42-46-17-02-000-0370 50.99 acres AGR AGR Wholesale Nursery Retail Nursery MLU/CL & AGR Mixed Use Apartments = 360 dwelling units Assisted Living Facility = 115 Beds Retail= 155,000 S.F. Hotel = 130 Rooms 8,869 3,357 319 AM (125/194) and 778 PM (412/366)

Based on our review, Palm Beach County has determined that the pr-oposed site does not meet Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan at the Proposed Potential because the following roadway segment does not meet the Test 2 requirements.

• Atlantic Avenue from Hagen Ranch Road to Jog Road as a 4 lane divided roadway.



Exhibit 9 Water & Wastewater Provider LOS Letter

Water Utlllties Department Engineering

P.O. Box 16097

vest Palm Beach. PL 33416-6097

(561) 493-6000

Ru: (561) 493·6113

www.pbcwater.com

• Palm Beach County

Board of County Commissioners

Mary Lou Berger. Mayor

Hal R. Valeche, Vice Mayor

Paulette Burdick

Shelley vana

Steven L. Abrams

Melissa McKinlay

Prlscllla A. Thylor

County Admini•trator

Verdenia C. Baker

"An <qual Opportunf(y A.fllrmatlvt Action limpto)ICT'

@ printed Otl recycl8d paper

June 20, 2016

Morton Planning 3920 RCA Boulevard, Suite 2002 Palm Beach Gardens, Fl 33410 Attn: Ms. Lauren McClellan

RE: Proper ty on NE Corner of Atlantic Avenue and Starkey Road PCN# 00·42·46·17·01-000-1020, · 0609 Comprehensive Plan Land Use Amendment Your request from 06-17-2016

Dear Ms. McClellan:

This is to confirm that Palm Beach County Water Utility Department (PBCWUD) is the potable water, wastewater and reclaimed water provider for the referenced property. Service capacities are available, subject to a reservation agreement with PBCWUD. PBCWUD is able to maintain the required level of service t.o the property based on the ern-rent Land Use Designation of Agriculture Reserve, and will be able to provide the required level of service based on the proposed Land Use Designations of Commercial Low and High Residential, 8 units per acre. The nearest potable water, wastewater and reclaimed water mains are located in Atlantic Avenue, adjacent to the property.

If you have any questions, please call me at (561)493-6122.

Sin!t. PJAJ.v,' Ad~ Manager of Technical Services

AG/mb


Exhibit 10 School District Concurrency LOS Letter

July 13, 2016

THE SCHOOl DISTRICT OF PAlM BEACH COUNTY, FL

PLANNING AND INTERGOVERNMENTAL RELATIONS

3300 FOREST HILL BOULEVARD, SUITE B-102

WEST PALM BEACH, Fl 33406

PHONE: 561·434-8020 I FAX: 561-434-8815

WWW.PALMBEACHSCHOOLS.ORG/PLANNING

Ms. Lauren McClellan Morton Planning & Landscape Architecture 3920 RCA Blvd., Suite 2002 Palm Beach Gardens, FL 33410

KRISTIN K. GARRISON, A.I.C.P DIRECTOR

DONAlD E. FEN NOV II, Eo.O. CHIEF OPERATING OFFICER

STEPHEN BACKH US

ACTING CHIEF SUPPORT OPERATIONS

RE: SCAD/FLU# 16062001F • FUTURE LAND USE ATLAS AMENDMENT FOR MORNINGSTAR NURSERY PROPERTY, PCNSI#: 00-42-46-17-01-000-1020 & 00-42-46-17-01-000-0690

Dear Ms. McClellan:

The Palm Beach County School District has reviewed the above referenced Future Land Use (FLU) Map Amendment from the current designation of Agricultural Reserve (AGR) to the proposed designation of Multiple Land Use (MLU) consisting of Commercial Low (CL) & High Residential of 8 dwelling units per acre (HR·8).

As indicated in the application, the subject property is 50.99 acres in size. It is located on the north side of Atlantic Ave and West side of Fl. Turnpike in Unincorporated Palm Beach County. The current land use allows for a maximum of 10 residential units. The proposed land use would permit 408 residential units. As a result of th is amendment, there will be an increase of 398 residential units.

According to the School District's adopted student multipliers, there would be 116 potential students generated from the proposed land use change (GO-elementary school, 24-middle school, 32·high school). The following table lists projected school enrollments for school year 2015/16 and 2019/20 as well as the projected utilizations with additional students generated from the subject property and previous SCAD approvals to the schools currently serving the site.

Schools Capacity

H~gen Road ES 849

~rverMS 1534

Olympic Heights 2271

Enrollment (15/16)

661

851

2023

Enrollment {19/20)

755

974

2173

New Students From the Subject Property

60

24

32

Note: Utilization~ {Enrollment+ New Students from the Subject Property) I Capacity

The School District of Palm Beach County, Florida A Top-Rated District by the Florida Department of Education Since 2005

An Equal Education Opportunity Provider and Employer


Page 2 of 2 FUTURE LAND USE ATLAS AMENDMENT July 13, 2016

As indicated in the above table, the projected utilizations for elementary, middle and high school do not exceed 100%.

Please be advised that School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries.

If you have any questions regarding this letter, please feel free to contact us at {561) 882-19.41.

Sincerely,

Joyce C. Cai

Senior Planner

ADU:JCC:pw

cc: Lorenzo Aghemo, Director, Palm Beach County Planning Department Angela D. Usher, AICP, Manager, School District of Palm Beach County

The School District of Palm Beach County, Florida A Top-Rated District by the Florida Department of Education Since 2005

An Equal Education Opportunity Provider and Employer


Exhibit 11

Disclosure of Ownership Interests


PALM BEACH COUNTY- ZONING DIVISION FORM# .J1.!L

FURTHER AFFIANT SAYETH NAUGHT.

'-'K""'enc:....::::Bu""ll""oc""k'--- - -----• Affiant

(Print Affiant Name)

~ The foregoing instrument was acknowledged before me this 2::_ day of AJQu est, 20.J1.2._, by l';fV1 fu \\()C.\~ , [ XJ who is pMsonally known to me or ( ] who has produced-- -------- ---- --as identification and who did take an oath.

,t'~~~?~~;~~. ASHLY BRIGHT ~~~~"\ Notary Public. State of Texas '%.1../~.);i My Commission Expires "'~:~:~~:i~t.~ August 28, 2018

Disclosure of Beneficial Interest - Applicant form Page 2 of 4

N~ A;;~J .. ~::~5 h'" NOTARY PUBLIC

State o~t Large

My Commission Expires: 2$ ja<g / \~

Revised 08/25/2011 Web Format 2011


PALM BEACH COUNTY- ZONING DIVISION

eeAttached

Jisdosure of Beneficial Interest - Applicant form age 3 ol4

EXHIBIT "A"

PROPERTY

FORM#~

Revised 08/25/2011 Web Format 2011


PALM BEACH COUNTY- ZONING DIVISION FORM # ___Q§_

EXHIBIT "B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

Affiant must identify all entities and individuals owning five percent or more ownership interest in Applicant's corporation, partnership or other principal, if any. Affiant must identify individual owners. For example, if Affiant is the officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Name

Ken Bullock

Katherine Mathes Bullock

George Mathes

Melinda Mathes

Greg Roth

Brian Grandstaff

Jisclosure of Beneficial Interest - Applicant form ~age 4 of 4

Address

8350 N. Central Expressway, Suite 1750, Dallas, TX 75206




17703 Lomond Court, Boca Raton, FL 33496

4192 Conroy Rd, Suite110, Orlando, FL 32839

Revised 08125/2011 Web Format 2011


PALM BEAC:ii COUNTY· ZONING OIV1$10N FORMO~

DISCLOSURE OF OWNERSHIP INTERES'JS ·- PROPERTY

(TO BE COIM'LETfJJ ANO EXECUTEDBYTHE PROP£RTV 0WN£R(S) FOR EACH APPUCATIOH f OR CONPREHENSI~ PLAN AMENDMENT OR MVELOPIAEHT ORDER}

TO' PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, Oil HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA COUNTY OF PALM BEACH

BEF...PRE ME.. lhe undOfSigned authority. this day personally appearoo f"'A-1-1 \.. Z. · o-v:.~ .. ..,J_ hOroinMI:~rrcHet"tedto~'Nfiont,-'v.ho

being by me first duly swom, under oath, deposes and states as follows:

1. Affiant is lhe ( J indM<tlal or ( 1 f'"'~.2s' \>£~1"' [posjtiott .. s.g., president, pa!fner, trostee] ~t~ .. ~WW..,._ ~ ,U,.[nam& and type of entity • e.g., ABC C()(1JO(ation, xyz Limited PattntJrs.hip] that holds ao ownership intetest in toal ptopeny legally described on the attached Ext llbil ·A" (the ~Propeny'"), The Property Is tho subjoct of an application 'ot Co.nprehensive Plan amoodmoru or Oevelopmont Order approval with Palm 84ach Courtly.

2. Affiant's acfct(oss is:

3. Attached hereto as Exhibit ·a~ is. a oomptete listing of thoe names and addreSS.O$ ol ew:ry porson or entity having a fiYG percent or "eater interest in the Property. Disclosute does not apply to an Individual's or entity's imeres.t ln any entity reglstorGd with the Federal Securities Excf'lange Commission or tegis-tored pursuant to Chapter $17, AorlcJa Statutcs,l\ilose imeres.t Is tor sale to lhe general ptl:llic.

4. Affiant aclt.nowledges that this Affld'a\lft is glvon to compty with Palm Beacf'l County policy, and will be relied upon by Palm Beach County In Its review of appracation tor Coml)(ehens.Ne Plan amendment or Development Order appr(Wal affecting the Property, Affiant turthEW acknQ'Medges &hat he or She is authorized to exeouto thi:s Oi$dosure of OwnersliP lntotosiS on behalf of any and all individuals or enti.ties hofd!ng a five porcoot otr greater lntereS11n lho Property.

5. Affiant further ac"koowledgos that he or she shall by affidavit amend this disdosvre to tcfloct any chSilges to ownership lntotosts in the Propef1Y that m.ay OOCU' bG!ore the date of final pubk hearing on the application for Colf4)(W)honsive Plan amendmen~ or OewloprntJnt Order approval.

6. Affiant furth&.r states tflat Affiant is fam!UaJ with the nah.we of an oath and wfltl the penatties provided by the taws of the State of Flcwida ror falsely swearing to statements unMr oath.

DlsdOS>1Jre of BenefiC'.al IMe1tst • O•ner&hlp iorrn Page 1 olot


PALM BEACH OOl.tfTV • 20NING DfVISK)N

7. Under penalty or perjury, Affiant declares tnat ANiant has examined this Affidavit and to the best of Afflanrs lcnowlcdi)G and belief it Is true. eott.eet. and complete.

-·~ ~ 1M !M>going~moot was aclcnowlodged before me INs~ day of (Lf' . 2Q L by ~ • "'i<;:..i- g,..;.,J . I I \Wlo is persooally known 10 me or 1 1 who ha."S produced as identification and who did take an oath.

Di$cloG~.n c1 BeneflclaJ!Inta'est • OwfltltStip rotm Pao&2<114

Notary Public

(Ptlnt Notary Name)

NOTARY PUBLIC

State of Florida at Largo /

My Commls:slion Explr~: OtyY

Revisecs 08.'25.'2011 \'llcbfonna.t2()11


PALM BEACH COUNTY- ZONING DIVISION

~~ Attach~d

~sclosure of Beneficial Interest - Applicant form age 3 of4

EXHIBIT "A"

PROPERTY

FORM#_Q§_

Revised 08/2512011 Web Format 2011


f<liW • JIL

EXHIBIT "'8 '"

OISCL.OSURE OF OWNERSHIP INTERESTS • PROPERTY

AHiant mutt 5dontlry el entitles and lncf\tlduals owning fivo 1pottent or mOI'e ownetShlp intereet in the Property. Alfian.t must Identity individual owneta. For exa~le, if Affiant Is an offkler ~ a eotpot•lion 01 partr'iet$hip that ia wholly or partlaly owned by another entity, suc:h u a corpcw•tion, Affiant must idonbfy th• ~het tn11ty. its address, and lhe mMdual ...,.,. al 11>e olho< enoity. Dlsdooute <10M ""' lAllY 10 an ._.,, "' ..,eys iniO<MI In Olf1 ..,.... tegjsleted - h -., SOa.wities EJd1ango

ComOsoion Ot --od """"""' .. ~ 517. - -.--is '"'sale ..... --Jd>llc.

Address


Exhibit 12 Urban Sprawl Analysis

Primary Indicators that an amendment does not discourage urban sprawl

Staff Assessment Sprawl

Indicated?

Criteria Related to Land Use Patterns

Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses.

This amendment does not promote, allow or designate a substantial area of the County to develop as low-intensity, low-density, or single-use development or uses.

No

Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments.

This amendment does not designate urban development emanating from existing urban development.

No

Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities.

This amendment does not discourage or inhibit infill development or the redevelopment of existing neighborhoods and communities.

No

Fails to encourage functional mix of uses. This amendment will introduce additional commercial uses that are neighborhood serving.

No

Results in poor accessibility among linked or related land uses.

The proposed amendment does not result in poor accessibility among related land uses.

No

Results in the loss of significant amounts of functional open space.

The proposed amendment on this site will not result in the loss of significant amounts of functional open space.

No

Criteria related to sites located outside or at the edge of the Urban Service Area

Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development

The site is located within in the Agricultural Reserve, a Limited Urban Service Area (LUSA) which allows for a mix of urban and rural levels of service, and therefore, does not promote, allow, or designate a significant amount of urban development to occur in rural areas at substantial distances from existing urban areas.

No

Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems

The property does not contain any environmentally sensitive areas. The site is not within a Wellfield Protection Area.

No

Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils.

The amendment will not impact adjacent agricultural areas.

No


Primary Indicators that an amendment does not discourage urban sprawl

Staff Assessment Sprawl

Indicated?

Fails to provide a clear separation between rural and urban uses.

The AGR Tier is intended to support and preserve agricultural while allowing low density development and limited commercial development. Institutional uses are restricted from locating west of State Road 7. The Agricultural Preserve provisions therefore allow for a mix of uses to support the allowed residential, commercial, and other non-residential development while protecting and preserving other areas within the Tier and west of State Road 7. The ULDC provides for regulations that are intended to allow for continuation of agriculture and implement the provisions in the Plan for the Tier.

No

Criteria Related to Public Facilities

Fails to maximize use of existing public facilities and services.

Public facilities and services will be provided and water and wastewater will be available.

No

Fails to maximize use of future public facilities and services.

The AGR LUSA allows for a mix of urban and rural levels of service. Future development east of State Road 7 would be expected to utilize public facilities and services. The subject site would maximize the use of future public facilities available in the area.

No

Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government.

The site is within the AGR LUSA, which intends that urban levels of service serve development. There are no adverse impacts to public facilities and services as indicated by service providers through department review.

No

Overall Assessment: As demonstrated above, the proposed amendment does not meet any of the indicators of urban sprawl, and would not contribute to urban sprawl in the county.


Exhibit 13 Applicant’s Proposed Privately Initiated Amendments (PIA) to ULDC

(DRAFT)

Reason for amendment: The applicant is proposing to amend the Multiple Use Planned Development (MUPD) to allow for residential, specifically multi-family residential, as a requested use within the MUPD Zoning designation. This request will further Comprehensive Plan FLUE Objective 4.4 Mixed-Use Development.

Part 1. ULDC Art. 3.E.1, General is hereby amended as follows: ARTICLE 3 OVERLAYS & ZONING DISTRICTS

CHAPTER E PLANNED DEVELOPMENT DISTRICTS (PDDS)

Section 1 General

PUD MUPD MXP

D PIPD LCC

Pods FLU FLU

Use Zone

FLU

Use Type R C R C A C C C C C I E I C C I C I M R C C N

E O E I G L H L H R N D N H H N O N H V L H O

S M C V R O O D C S O D M D P P T

/ T / / D D E

P L G

Residential Uses

…

Multi-Family P R P P P P 87

Part 2. ULDC Art. 3.E.3.E, Multiple Use Planned Development District (MUPD) – AGR MUPD is hereby amended as follows: ARTICLE 3 OVERLAYS & ZONING DISTRICTS

CHAPTER E PLANNED DEVELOPMENT DISTRICTS (PDDS)

Section 3 Multiple Use Planned Development (MUPD) E. AGR MUPD

The following standards shall apply to MUPDs in the AGR Tier. 1. Conflict with Other Applicable Regulations

If a conflict exists between provisions for an AGR MUPD and other Articles of this Code, the AGR MUPD provisions shall prevail except where superseded by State or Federal laws.

Reasons for amendment: MUPD exceptions are required to recognize a number of deviations from the standard MUPD and AGR MUPD requirements as established within Comprehensive Plan FLUE Objective 1.5.1 Planned Developments, namely Policy 1.5.1-q AGR-Multiple Use Planned Development:

Recognizing the correct FLUE Policy related to 60/40 Preserve/Development Regulations; and Recognize multifamily residential as an additional use within the MUPD Zoning district. For those MUPD

developments within the AGR Tier, with an approved MLU FLUA, additional exceptions are permitted when minimum of 40% of the multifamily units are designated as Workforce Housing units.


2. 60/40 Preserve/Development Requirements New applications for an MUPD in the AGR Tier greater than 16 acres in size as of January 1, 2016, as determined by FLUE Policy 1.5.1-# 1.5.1-q of the Plan, shall consist of two areas, the Preservation Area and the Development Area. Both areas shall be rezoned to the MUPD district and comply with the following:

a) Preserve Area 1) Minimum Land Area

A minimum of 60 percent of the gross acreage, less roadways identified on the thoroughfare identification map, shall be designated as an AGR Preserve Area.

2) Standards and Requirements (a) Use Regulations

Permitted uses shall be the same as those permitted in the Preserve Area of an AGR TMD.

(b) Requirements The Preserve Area shall comply with the requirements of Art. 3.E.2.F.3, Preservation Area, with exception to the following: (1) References to residential development or PUD shall be considered

synonymous with residential or non-residential development or MUPD, respectively;

(2) Art. 3.E.2.F.3.b, Uses; and, (3) Art. 3.E.3.F.3.d, 80/20 Contiguity Requirement.

b) Development Area The remaining land area, not to exceed 40 percent of the gross acreage less right-of-way as shown on the Thoroughfare Identification Map, may be developed as an MUPD, subject to the following:

1) Agriculture Reserve Design Elements The Development Area shall comply with FLUE Policy 1.5.1-r, Ag Reserve Design Elements.

2) Residential Mixed Use Residential uses shall be permitted in accordance with the standards for residential uses in an AGR-TMD.

3. Multiple Use Planned Development (MUPD) Exceptions The following exceptions shall apply to MUPDs in the AGR Tier when approved as a Multiple Land Use (MLU) per FLUE Policy 1.5.1-#. a) Design Standards

If designated on the MLU FLUA Conceptual Plan, the multi-family residential use may utilize vertical and/or horizontal integration with the non-residential use. The multi-family use shall be considered a requested use.

b) Freestanding Buildings Only non-residential buildings shall comply with Table 3.E.3.B.

c) Density The maximum density shall be as indicated on the MLU FLUA Conceptual Plan.

d) Property Development Regulations Residential buildings shall comply with the RM zoning district regulations.

e) 60/40 Preserve/Development Requirements – Preserve Area Per FLUE Policy 1.5.1-# the Preserve Area requirement may be reduced to zero when a minimum of 40 percent of the multi-family residential units are developed as Workforce Housing units consistent with the County’s Workforce Housing Program.

f) 60/40 Preserve/Development Requirements – Development Area As indicated on the MLU FLUA Conceptual Plan and per FLUE Policy 1.5.1-# the commercial portion of the AGR MUPD shall be contained in one compact area, not to exceed 40 percent of the gross acreage less right-of-way as shown on the Thoroughfare Identification Map.


Exhibit 14 Correspondence

This letter is 1 of 119 form letters signed by individuals, all of which were submitted together by the applicant on 4-11-17.

April 2017

Mr. Bryce Van Hom Palm Beach County Planning Division 2300 N. Jog Road West Palm Beach, Florida 33411

RECEIVED APR It 2011

PLANNtN G D!VtStON

RE: Morningstar Nursery (NW corner of Atlantic and Florida's Thrnpike)

Dear Mr. Van Hom:

As a local resident, I was excited to hear about the proposed development at Atlantic and the Turnpike and wish to express my SUPPORT for the project This mixed-use development will be a benefit to our community, but in particular the Ag Reserve, as it will meet many glaring needs we have here while allowing our community to develop organically.

The developers envision many additional neighborhood retail options including a specialty grocery store, exciting new restaurants and other community oriented services and retail not readily available. We need additional restaurants here. The existing restaurants are PACKED during lunch and dinner hours at Delray Marketplace, and while having a local Publix is nice, many of my neighbors want another choice. Creating more local retail will allow me to stop heading East for products and services I should be able to receive in the Agricultural Reserve. Further, the inclusion of a memory care assisted living facility provides an amenity to those families caring for a loved one and allows them to spend more time with their loved ones instead of in their cars. Lastly, they propose 360 residential apartments with 40% workforce housing, which they are committed to building and not buy out of. We need a mix of housing options in the Ag Reserve for our teachers, fiTSt responders, nurses and other service personnel; this project helps achieve that.

The current use of the property has no agricultural benefit to the County. The property cannot be farmed and is vacant with some of the land being used as a shade house. The developers are committed to realigning Starkey Road and Persimmon Drive, which will create a fully signalized intersection at this location and is very beneficial for agricultural traffic that would safely travel East on Atlantic Avenue, instead of the current situation of large semi-trucks making a u-tum at Lyons Road.

I support this project and hope that you will too.

Sincerely,

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Documents

COMPREHENSIVE PLAN AMENDMENT STAFF REPORT …discover.pbcgov.org/pzb/planning/PCPDF/2017/july/... · The site is located approximately 3 miles from the Delray Beach municipal limits