Agenda Item: III.A.1 17-A FLUA Amendment Staff Report 1 Owen Ranch (LGA 2017-002) FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 17-A PLANNING COMMISSION PUBLIC HEARING, OCT. 21, 2016 A. Application Summary I. General Project Name: Owen Ranch (LGA 2017-002) Request: LR-1 to LR-3 Acres: 34.26 acres Location: South side of Pioneer Road, West of Jog Road Project Manager: Stephanie Gregory, Senior Planner and Elliott O'Roark, Planner I Applicant: Foxford Communities Florida, LLC Owner: Abdul R. Khan & Khuratoon Khan Agent: Wantman Group, Inc. Staff Recommendation: Staff recommends denial based upon the findings and conclusions contained within this report. II. Assessment & Conclusion The amendment is requesting a Future Land Use Amendment to increase the density from Low Residential, 1 unit per acre, to Low Residential, 3 units per acre on a property located within the Pioneer Road Neighborhood Plan area. The area is comprised of large lots at a much lower density (an average lot size of 2.8 acres) than the predominant Low Residential 1 and 2 units per acre identified on the Future Land Use Atlas. The Neighborhood Plan was formally received and filed by the Board of County Commissioners on July 24, 2013 and recommends against any density increases in order to maintain the character of the area. The proposed amendment meets the level of service and compatibility requirements of the Comprehensive Plan, however, the applicant has failed to provide an adequate justification and the proposed amendment is in violation of FLUE Policy 2.4-b as the applicant is seeking a land use amendment to increase density on the site rather than to utilize the County’s mandatory method for density increases through the Transfer of Development Rights (TDR) or Workforce Housing (WHP) programs.
FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 17-A
PLANNING COMMISSION PUBLIC HEARING, OCT. 21, 2016
A. Application Summary
I. General
Project Name: Owen Ranch (LGA 2017-002)
Request: LR-1 to LR-3
Acres: 34.26 acres
Location: South side of Pioneer Road, West of Jog Road
Project Manager: Stephanie Gregory, Senior Planner and Elliott O'Roark, Planner I
Applicant: Foxford Communities Florida, LLC
Owner: Abdul R. Khan & Khuratoon Khan
Agent: Wantman Group, Inc.
Staff Recommendation:
Staff recommends denial based upon the findings and conclusions contained within this report.
II. Assessment & Conclusion
The amendment is requesting a Future Land Use Amendment to increase the density from Low Residential, 1 unit per acre, to Low Residential, 3 units per acre on a property located within the Pioneer Road Neighborhood Plan area. The area is comprised of large lots at a much lower density (an average lot size of 2.8 acres) than the predominant Low Residential 1 and 2 units per acre identified on the Future Land Use Atlas. The Neighborhood Plan was formally received and filed by the Board of County Commissioners on July 24, 2013 and recommends against any density increases in order to maintain the character of the area.
The proposed amendment meets the level of service and compatibility requirements of the Comprehensive Plan, however, the applicant has failed to provide an adequate justification and the proposed amendment is in violation of FLUE Policy 2.4-b as the applicant is seeking a land use amendment to increase density on the site rather than to utilize the County’s mandatory method for density increases through the Transfer of Development Rights (TDR) or Workforce Housing (WHP) programs.
Local Planning Agency: Board of County Commissioners Transmittal Public Hearing: State Review Comments: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\17-A\Reports-Agendas\1-LPA-Oct21\III-A-1_17-A_OwenRanch-PLC-rpt.docx
Future Land Use Atlas Amendment Owens Ranch (LGA 2017-002)
Site Data Size: 34.26 acres Existing Use: Residential & Agricultural Proposed Use: Residential Current FLU: Low Residential, 1 unit per acre (LR-1) Proposed FLU: Low Residential, 3 units per acre (LR-3)
Note: Map is not official, for presentation purposes only.
, ... Iii
ii.n~& SITE
Future Land Use Designations LR-1 LR-2 LR-3 MR-5 PARK INST
Low Residential, 1 unit per acre Low Residential, 2 units per acre Low Residential, 3 units per acre Medium Residential , 5 units per acre Park Institutional
---==---Feet Planning, Zoning & Building 2300 N. Jog Rd, WPB, FL 33411
I. Intent of the Amendment The amendment is proposed to change the future land use designation of the site from LR-1 to LR-3. The future land use amendment would increase the residential development potential by 69 units, from 34 dwelling units to 103 dwelling units. A concurrent zoning application (Z-2016-00847) to rezone the property from Agricultural Residential (AR) to Single Family Residential (RS) is in process for a 54 unit development.
II. Background/History The subject site is comprised of two parcels of land totaling 34.26 acres on the west side of Jog Road and south of Pioneer Road and within the Urban/Suburban Tier. The site is mostly vacant with a single family residential unit and agricultural uses also on the property. The applicant's proposed site plan shows the existing single family house remaining on the southeastern 5 acre parcel as well 5.38 acres in the northwest corner to remain for agricultural uses with each site retaining one unit for potential future residential development. The remaining 23.89 acres are proposed to be developed with 52 residential units. Overview of the Area The proposed development is located within the Pioneer Road Neighborhood Plan (PRNP) which is a very low density residential area totally approximately 558 acres located south of Southern Boulevard, west of Jog Road and east of Florida's Turnpike. The residents prepared the Neighborhood Plan in response to development pressures, and the Plan was formally received by the Board in 2013. The goal of the Plan is retain the current future land use designations and to maintain the character of the area. The Plan also recommends the prohibition of density increases through the County’s Transfer of Development Rights (TDR) Program.
D. Consistency and Compatibility
I. Data and Analysis Summary This section of the report examines the consistency of the amendment with the County’s Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and the impacts on public facilities and services. A. Consistency with the Comprehensive Plan - General 1. Justification: FLUE Policy 2.1-f: Before approval of a future land use amendment, the
applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:
1. The natural environment, including topography, soils and other natural resources; (see Public Facilities Section)
2. The availability of facilities and services; (see Public Facilities Section) 3. The adjacent and surrounding development; (see Compatibility Section) 4. The future land use balance; 5. The prevention of prevention of urban sprawl as defined by 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 has prepared a Justification Statement (Exhibit 2) which explains that the proposed request is justified due to maintaining consistency with the Neighborhood Plan desire to not utilize TDRs for density increases as well as to provide a development that will provide a balance of future land uses and a greater variety of housing options. A summary of the applicants justification is as follows:
The proposed density is consistent and compatible with existing Future Land Uses in the PRNP.
The proposed Future Land Use Amendment is consistent with the PRNP goals to not utilize the Transfer of Development Rights (TDR) program.
The proposed development will occur in a consistent and compatible manner with the surrounding area.
The proposed Future Land Use Amendment will provide a greater balance of future land uses and a greater variety of housing options.
Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment analysis and many of the items are addressed elsewhere in this report as identified above. The County requires the Transfer of Development Rights (TDR) and Workforce Housing (WFH) Programs as the mandatory methods of increasing density in the County, unless the applicant can justify and demonstrate that the existing land use is inappropriate and that there is a need for the change. The amendment request is to increase the FLU designation from LR-1 to LR-3, but the 54 units requested in the concurrent rezoning is actually less than the development potential that is achievable through the TDR and WFH density bonus programs. Therefore, the applicant could use these two programs to achieve the desired density. In addition, the applicant has failed to provide analysis to demonstrate that the current FLU is inappropriate and therefore the applicant has failed to provide an adequate justification for the land use amendment.
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.
Staff Analysis: The proposed amendment to change the land use designation on the subject site from LR-1 to LR-3 would not further, nor detract from any of
the County directions. Thus, there are no policy implications regarding the County Directions with regard to this amendment.
3. Piecemeal Development - Policy 2.1-h: The County shall not approve site specific
Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels.
Staff Analysis: The applicant owns a 10.02 acre parcel directly north of the subject site beyond Pioneer Road. However, the exclusion of this parcel from the land use amendment does not encourage piecemeal development, nor does it create residual parcels.
B. Consistency with Urban/Suburban Tier Requirements for the Specific FLU Future Land Use Element Objective 1.1, Managed Growth Tier System, states that “Palm Beach County shall implement the Managed Growth Tier System strategies to protect viable existing neighborhoods and communities and to direct the location and timing of future development within 5 geographically specific Tiers…..”
Density Increases - Policy 2.4-b: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless:
1. an applicant can both justify and demonstrate a need for a Future Land Use Atlas (FLUA) Amendment and demonstrate that the current FLUA designation is inappropriate, as outlined in the Introduction and Administration Element of the Comprehensive Plan, or
2. an applicant is using the Workforce Housing Program or the Affordable Housing Program as outlined in Housing Element Objectives 1.1 and 1.5 of the Comprehensive Plan and within the ULDC, or
3. an applicant proposes a density increase up to, but not exceeding, the density proposed by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. To date, the following Neighborhood Plan qualifies for this provision:
a. West Lake Worth Road Neighborhood Plan.
The applicant states that the density increase through the TDR and WHP programs are inappropriate, as follows:
“Consistent with the intent of the Pioneer Road Neighborhood Plan, the Applicant does not intend to utilize TDR credits or any other density bonuses under the Workforce Housing Program or the Affordable Housing Program in order to achieve the desired density on the subject property.”
“As previously discussed, the continued growth and change in development
pattern of the surrounding area now supports a change in FLU designation on the subject property. The proposed LR-3 FLU is considered to be the most appropriate FLUA designation and will allow development of the property up to 2 du / ac with a standard zoning district designation.”
“The change in FLUA designation will also provide for the opportunity to develop
the site at a density which will enable the provision of a wider range and choice of housing for the residents of Palm Beach County.”
This proposed amendment would increase the density on site by 69 dwelling units; from 34 to 103 units. However, the applicant through the concurrent rezoning is requesting 54 units. This figure is less than the density that could be available if the site utilized the County’s TDR and WHP optional density bonus programs, without a plan amendment. Using a combination of these programs, without the plan amendment, the site could achieve up to 2.28 dwelling units per acre (78 total units), which is 24 units greater than what is requested in the concurrent zoning application. It should be noted that the TDR units are discretionary and would require BCC approval.
Staff Analysis: The applicant asserts that the Pioneer Road Neighborhood Plan does not support the use of the Transfer of Development Rights (TDR) program and that changes in the development pattern in the area supports the density increase through a land use amendment. Staff concurs that the subject area may be appropriate for an increase in density; however, the TDR and WHP programs are the mandatory methods to achieve density while furthering other County objectives. The TDR and WHP programs also foster infill and sustainable development as they allow increases in density within the urban area without requiring a FLUA amendment. The applicant’s justification of changed conditions do not significantly further County objectives to override the policy goals fulfilled by the TDR and WHP programs. As such, staff finds the proposed amendment to be inconsistent with this policy.
C. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. The applicant states "that the proposed development will be designed and undertaken so as to ensure the density is not in conflict with the surrounding area." Surrounding Land Uses: Immediately abutting the site are the following:
North: North of the subject site are residential lots with lots sizes ranging between 1/2 to 10 acres with Low Residential, one unit per acre (LR-1) FLU designation. South: South of the subject site are residential lots with lots sizes ranging between .4 to 2.3 acres with Low Residential FLU designations of two units per acre (LR-2) East: East of the subject site are residential lots ranging between 2 to 5 acres with a Low Residential, one unit per acre (LR-1) FLU. Further east, fronting along Jog Road, is a place of worship on 6.9 acres with an Institutional (INST) FLU. West: West of the subject site are 2 acre residential lots with a Low Residential, two units per acre (LR-2) FLU.
FLUE Policy 2.1-f states that “the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity.” And FLUE Policy 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.”
Staff Analysis: The subject site is surrounded on the south and west by Low Residential, 2 units per acre (LR-2) and to the north and east by Low Residential, 1 unit per acre (LR-1). The applicant is proposing Low Residential, 3 units per acre (LR-3), however the built density would be 1.58 units per acre if the applicant builds the 54 units as proposed in the zoning application. Per Policy 2.2.1-g, the site could develop up to 3 units per acre, if developed as a Planned Unit Development (PUD). However, the applicant in the concurrent rezoning is requesting a standard zoning district, Single Family Residential (RS), and would be limited to a density of 2 units per acre as a result. The proposed amendment is compatible with the LR-1 and LR-2 future land uses surrounding the subject site and is compatible with existing and planned development in the immediate vicinity. In addition, any issues with compatibility due to the potential density increase will be addressed during the zoning process.
D. Consistency with County Overlays, Plans, and Studies 1. Neighborhood Plans and Studies – FLUE Policy 4.1-c states “The County shall
consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval……” The proposed development is within the boundaries of the Pioneer Road Neighborhood Plan (PRNP) which consists of an area of 558.92 acres and generally located south of Southern Boulevard, west of Jog Road, east of Florida's Turnpike and north of Okeeheele Park and the municipal boundaries of the City of Greenacres. The Pioneer Road Neighborhood Plan area is a larger lot community in the eastern portion of the County where the average lot size is much lower than allowed by the adopted future land use designations. The predominate future land use designation allows 1 dwelling unit per acre, but the average parcel size is 2.8 acres. The neighborhood plan was created by the community in 2013 as a result of development pressure in the area. The plan was formally received and filed by the Board of County Commissioners on July 24, 2013 and added to the list of neighborhood plans recognized by the County through a text amendment to the Comprehensive Plan in April 2014.
Staff Analysis: According to the neighborhood plan recommendations, the community "desires to maintain its existing low density lifestyle by keeping its current land use." As the applicant is requesting a land use amendment from LR-1 to LR-3, the request is not consistent with the PRNP which states the community's wishes to retain its existing FLU designations on each parcel within the neighborhood plan area. Recommendations from neighborhood plans, special studies and charettes are one part of the review process and as this policy states are only to be considered and therefore not mandatory during the approval process of a land use amendment.
E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from LR-1 to LR-3 and will increase the maximum development potential on the site from 35 to 103 residential units. 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, well field zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review and there are adequate public facilities and services available to support the amendment, and the amendment does not exceed natural or manmade constraints. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. No adverse comments were received from the following departments and agencies regarding impacts on public facilities: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board Health (PBC Dept. of Health) and Fire Rescue.
2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which:
1) results in an increase in density or intensity of development generating additional
traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard “D” based upon cumulative traffic comprised of the following parts a), b), c) and d):………
Staff Analysis: The Traffic Division reviewed this amendment based on the existing potential of 35 dwelling units and the proposed potential of 105 dwelling units. According to the County’s Traffic Engineering Department (see letter dated May 11. 2016 in (Exhibit 5) the amendment would result in 700 net daily trips, and 53 AM and 69 PM net peak hour trips. The Traffic letter concludes “Based on the review, the Traffic Division has determined the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan for the maximum potential, as shown above".
The Traffic Study (see Exhibit 4) was prepared by Wantman Group, Inc. of 400 Columbia Drive, Suite 110, West Palm Beach, FL 33411. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://www.pbcgov.com/pzb/planning/activeamend/
1. Consistency with Urban Sprawl Rule: The proposed amendment is not considered sprawl as it is within the Urban/Suburban Tier and within the Urban Service Area Boundary. This tier is also the target of the County's redevelopment and revitalization strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed used development concepts, and transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl.
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 September 27, 2016. To date, no objections through the IPARC process to this amendment have been received. In addition, notice was sent on September 23, 2016 to the City of Greenacres, which this parcel is located within their identified Future Annexation area. As of the writing of this report, no comments have been received.
B. Other Notice: Public notice by letter was mailed to the owners of properties within 500'
of the perimeter of the site on September 23, 2016. In addition, on September 23, 2016, the Pioneer Road Property Owners Association was notified by mail. To date, no letters in response have been received.
C. Informational Meeting: The Planning Division will host a meeting with area residents
and interested parties to relay information regarding the amendment and development approval process on October 18, 2016. As the meeting will occur after the mail out of the staff report, staff will give a summary of the meeting at the public hearings.
III. Conclusions and Recommendation The amendment is requesting a Future Land Use Amendment to increase the density from Low Residential, 1 unit per acre, to Low Residential, 3 units per acre on a property located within the Pioneer Road Neighborhood Plan area. The area is comprised of larger residential lots at a much lower density (an average lot size of 2.8 acres) than the predominant Low Residential 1 and 2 units per acre identified on the Future Land Use Atlas. The Neighborhood Plan was formally received and filed by the Board of County Commissioners on July 24, 2013 and recommends against any density increases in order to maintain the character of the area.
The proposed amendment meets the level of service and compatibility requirements of the Comprehensive Plan, however, the applicant has failed to provide an adequate justification and the proposed amendment is in violation of FLUE Policy 2.4-b as the applicant is seeking a land use amendment to increase density on the site rather than to utilize the County’s preferred method for density increase, the Transfer of Development Rights (TDR) and Workforce Housing (WHP) programs. Therefore, staff recommends denial of the applicant’s request.
Tracts 15, 16 and 21, Block 13, The Palm Beach Farms Co. Plat No. 3, according to the map or plat thereof as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida. Together with the West one-half of Tract 22 Block 13, Palm Beach Farms Co. Plat No. 3 as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida, and contain 34.26606 acres, more or less.
Applicant’s Justification Statement, Consistency, and Compatibility INTRODUCTION
This Large Scale Future Land Use Atlas (FLUA) amendment request is necessary in order to amend the Future Land Use (FLU) designation of an approximately 34.27 acre site, known as “Owen Ranch” (herein referred to as the “subject property”). The subject property is owned by Abdul and Khudratoon Khan, comprised of two (2) parcels, identified by a FLU designation of LR‐1 (Low Residential – up to 1 du/ac) and a Zoning District of AR (Agricultural Residential).
The site is located on the south side of Pioneer Road, west of Jog Road and has Property Control Numbers of 00‐42‐43‐27‐05‐013‐0150 & 00‐42‐43‐27‐05‐013‐0222. The subject property is located within the Urban/Suburban Tier of Palm Beach County. The subject property currently accommodates a single family estate home and agricultural uses, including ancillary structures.
REQUEST
On behalf of the Applicant, WGI is respectfully requesting a FLUA amendment on behalf of Foxford Communities Florida, LLC in order change the current FLU designation from LR‐1 (Low Residential – up to 1 du/ac) to LR‐3 (Low Residential – up to 3 du/ac). A concurrent Zoning Application will be submitted seeking rezoning of the site to a suitable zoning district (most likely RS (Residential Single Family)).
COMPATIBILITY AND SURROUNDING USES The following is a summary of the uses surrounding the subject property.
ADJACENT LANDS USES FLU ZONING
NORTH Single Family Residential LR‐1 AR
SOUTH
Single Family Residential
Monmouth Estates
Control # 1973‐00094 Resolution: R‐1973‐450
LR‐2 RS
EAST
Single Family Residential
Control #:1978‐00011 Resolution: R‐1978‐223 Single Family Residential
North: Immediately north of the subject property is the Pioneer Road right‐of‐way and
just north of the canal are single family residential homes on estate size lots. They all have a FLU designation of LR‐1 (Low Residential, 1 units per acre) and a Zoning District of Agricultural Residential.
South: Immediately south of the property is the Lake Worth Drainage District Canal and
just south of that are single family residential on traditional size lots. They all have a FLU designation of LR‐2 (Low Residential, 2 units per acre) and a Zoning District of RS (Single Family Residential).
East: Immediately to the east of the subject property is the Elaine Road right‐of‐way
and just east of that are single family residential homes on estate size lots, as well as the Winners Church. They both have a FLU designation of LR‐1 (Low Residential, 1 units per acre) and Zoning Districts of RE (Residential Estate) and AR (Agricultural Residential).
West: To the west of the subject property are single family residential homes on estate
size lots. They all have a FLU designation of LR‐2 (Low Residential, 2 units per acre) and a Zoning District of AR (Agricultural Residential).
The proposed FLU amendment, with a rezoning to a standard zoning district, will introduce future residential development up to 2 dwelling units per acre. The surrounding area contains a mix of land uses and densities, which includes development potential for up to 2 dwelling units per acre on land to the south on land zoned RS. The character of the surrounding area, when viewed in a broader context than those properties immediately adjoining the subject property, comprises a wide range of land uses, densities and subdivision patterns. The proposed FLU amendment will provide additional housing choice in an area already characterized by a range of densities and lot sizes. Combined with a site specific layout of future development as part of the proposed concurrent Zoning requests, the proposed FLUA Amendment will ensure compatibility with surrounding uses.
JUSTIFICATION FOR FUTURE LAND USE ATLAS AMENDMENT The proposed FLUA amendment is necessary due to changed assumptions that have occurred since the adoption of the County’s Comprehensive Plan. These assumptions relate
to the changes that have resulted in the current FLU designation and development limitations on the site being no longer appropriate. The existing FLU designation limits the maximum development potential of the site to 34 dwelling units and supports future low density development patterns that do not promote balanced growth within the County.
The subject property is ideally suited to support additional residential density and a broader range of housing choices than are currently permitted, resulting from its large land area, location within suburban Palm Beach County and accessibility to established road networks. The cohesive nature of the subject property allows for well‐planned and unified development.
The surrounding area is currently served with a variety of residential densities and the proposed amendment will provide for a wider variety of housing choice in the locality that was not envisioned when the current FLU designation was established over the subject property.
COMPLIANCE WITH COMPREHENSIVE PLAN FLUE POLICY 2.1‐F
The proposed FLUA amendment to the LR‐3 FLU designation is in compliance with the requirements of the County’s Comprehensive Plan, as outlined below.
1. The proposed use is suitable and appropriate for the subject site; and
The subject property is the ideal location for the proposed use. It comprises two large parcels that are able to be developed to provide future housing opportunities to the residents of Palm Beach County. Services such as schools, parks and other civic facilities are accessible to the property and there is convenient access to established road networks. The ultimate layout of the site will be determined as part of the concurrent Zoning Application, however the proposed use is able to be developed to provide appropriate buffering to surrounding properties and integration with the character of the surrounding community.
Amending the Future Land Use of the property from LR‐1 to LR‐3 will not only allow the development of a wider range of housing than currently exists in the immediate area, but it will complement the surrounding uses by providing for balanced growth and opportunities for residents, both existing and future, to remain in the area in a variety of housing types over time.
2. There is a basis for the proposed FLU change for the particular subject site based upon one or more of the following:
Changes in FLU designations on adjacent properties or properties in the immediate area and associated impacts on the subject site;
It is necessary to amend the existing FLU of the property in order to provide an evolution to the property’s uses and to cater for the residential needs of the community. The continuing residential growth of the County has demanded in the alterations to a Future Land Use from former low density, residential uses to more realistic and compatible land uses that support end users in appropriate locations.
Overall, changes in FLU designations of the area, including FLUA Amendments to MR‐5 for medium density residential development on land to the north‐east further contribute to the notion that the existing FLU designation for the subject site is no longer appropriate.
Changes in the access or characteristics of the general area and associated impacts on the subject site;
Since the time of the property’s FLU designation of LR‐1, the general area has developed somewhat into a mix of homes from estates homes to single family homes. Access characteristics have also changed as Jog Road has become a more significant north‐south thoroughfare road within the County. The subject property benefits from convenient and close access to Jog Road, providing opportunity for additional density without adversely impacting on surrounding areas.
As development within the County’s Urban / Suburban Tier has continued to progress west over time, past the subject property, the area has generally been encompassed within the wider suburban character of the County. Where the area once may have been situated on the suburban fringe, supportive of large lot residential and agricultural uses, the pattern of development within the County has now changed such that the general area is surrounded by urban and suburban uses.
New information or change in circumstances which affect the subject site;
Maintaining the current FLU of LR‐1 on the property is detrimental to the subject site and County’s objectives of achieving balanced growth. The FLUA amendment will enable the Applicant to enjoy property rights commonly enjoyed by other property owners and to provide a well‐planned development for residents of Palm Beach County.
Inappropriateness of the adopted FLU designation
The adopted FLU designation of the subject property is inappropriate as it does not provide opportunity to establish development outcomes which meet a community need, provide housing choice in the Urban / Suburban Tier and prevent urban sprawl.
The change in FLUA designation will provide for the opportunity to develop the site at a density which will provide for a wider range in housing to meet the needs of Palm Beach County residents.
As aforementioned, development of the site at the proposed density is not possible under the existing FLU and Zoning District and does not support the uses as proposed. The resultant outcome is that the existing FLU designation on the site is no longer appropriate.
FLORIDA STATUTES CHAPTER 163.3177 163.3177 Required and optional elements of comprehensive plan; studies and surveys.
Florida Statute, Chapter 163.3177 is the principle state statute governing the comprehensive plans and plan amendments for all of the Counties within the State of Florida. In 2011, Chapter 163, F.S. was substantially revised and Rule 9J‐5 was repealed and removed from the Florida Administrative Code (House Bill 7207). Today, Chapter 163.3177(1) (f) states, “all mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government, that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of the adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue”.
The data and analysis presented in the subject application and justification statement support the request for amendment of the Future Land Use Atlas and demonstrate consistency with the Florida Statutes.
163.3177 – 6.a. Requires that a local government’s future land use plan element be based on a number of factors, including population projections, the character of undeveloped land, availability of public services and other planning objectives.
The proposed amendment is an appropriate use of the land, which is one of the few remaining large tracts of land within the locality capable of supporting the proposed uses. Given the nature of the proposed development, the subject site shall create little to no impact to the surrounding area with regards to usage of public utilities. Utility connections are able to be provided and upgraded where necessary, whilst vehicular access options are available to ensure traffic generated by the development does not adversely impact on the amenity of the surrounding area.
The subject site currently consist of a single family estate style home and agricultural uses. Although some modification to existing vegetation will be required, adequate area is available on site to ensure synergy is maintained with surrounding built and natural forms.
It is demonstrated in this justification statement and subject application that the proposed change to the Future Land Use Atlas is a more appropriate and suitable land use designation for the subject site. The future development of the land will seek to provide a wider range
of housing choice for residents who currently live within the locality and broader unincorporated Palm Beach County.
163.3177 – 6.a.9. The future land use element and any amendment to the future land use element shall discourage the proliferation of urban sprawl.
The proposed amendment is not considered sprawl as the subject property is located within the Urban/Suburban Tier and within the Urban Service Boundary. This Tier is also the target of the County’s redevelopment and revitalization strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed use development concepts, transit oriented developments where feasible, all with the purpose of reducing sprawl. The proposed amendment is for higher density residential uses than currently permitted under the existing FLU and will promote balanced growth within areas identified in the County’s long range planning for future development.
FUTURE LAND USE ELEMENT
Objective 1.1.3 (Managed Tier System): Accommodate future growth but prohibit further urban sprawl by requiring the use of compact forms of sustainable development;
The purpose of Objective 1.1.3 is to direct future growth and development potentials to existing areas, with established infrastructure and services, as a means to promote compact, sustainable forms of development, while reducing urban sprawl and proliferation of development where levels of services cannot be met. The development proposal, which requires a FLU amendment to the LR‐3 designation, in order to construct the proposed future residential uses furthers this objective by locating in the Urban / Suburban Tier, with established levels of service able to accommodate the development. Furthermore, the applicable service providers have reviewed the development proposal, at the maximum development potential and have confirmed that the required levels of service can be accommodated. All of these elements demonstrate a reduction in sprawl, and appropriate situation of such a use in an established urban area.
Policy 1.2‐a: Within the Urban/Suburban Tier, Palm Beach County shall protect the character of its urban and suburban communities by: 1. Allowing services and facilities consistent with the needs of urban and suburban
development; 2. Providing for affordable housing and employment opportunities; 3. Providing for open space and recreational opportunities; 4. Protecting historic, and cultural resources; 5. Preserving and enhancing natural resources and environmental systems; and, 6. Ensuring development is compatible with the scale, mass, intensity of use, height,
and character of urban or suburban communities.
The subject site is located within the Urban/Suburban Tier of Palm Beach County, where adequate facilities are provided. The change in FLU designation is consistent with the character of the area. There will be no compatibility issues with this objective as a result of the request. The proposed FLUA amendment will allow the development of Single Family /
Zero Lot Line (ZLL) homes for the County’s growing population. The development will provide open space and recreational areas for enjoyment by residents and be designed to protect existing vegetation where feasible. The site will be designed in a way that is compatible in scale, mass and intensity of suburban communities and provide buffering and architectural design to integrate with surrounding areas. Historical or cultural resources will not be impacted as a result of this development, wherever feasible. Policy 1.2‐b: Palm Beach County shall encourage and support sustainable urban development, including restoration, infill and adaptive reuse. The amendment to the FLUA for the site will enable the development of residential uses, where adequate infrastructure and services are already available or able to be extended to the subject property. The proposal will facilitate infill redevelopment of the land and provide an opportunity for the Applicant to develop a use that is more appropriate for end users. 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. The proposed alteration in the FLU designation of the subject site adheres to the management of growth through its ability to allocate land for the development of a balance and range of housing choices. The surrounding area has evolved with a mix of housing, featuring estate style lots as well as single family homes. The proposed future use on the subject property supports the growing population of Unincorporated Palm Beach County and the surrounding communities. Altering the FLU designation of the site provides the Applicant the opportunity to create a well‐planned development, meeting the demands of the community and providing housing for the people of Palm Beach County. 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. The request is consistent with this policy, as the proposed density does not exceed the natural or manmade constraints of the area or transportation networks, and is able to be serviced by adequate infrastructure and public facilities.
Policy 2.1‐f: Before approval of a future land use amendment, the applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on: The existing FLU of the subject site has proven to be inappropriate as the continuing growth of Palm Beach County has necessitated in the alterations to a Future Land Use from low density, estate style residential uses to more realistic and compatible land uses that support appropriate end users.
With regards to immediate and surrounding impacts: 1. The natural environment, including topography, soils and other natural resources;
An Environmental Report has been included as part of the submittal. Appropriate areas will be identified for management of impacts on natural resources, where feasible.
2. The availability of facilities and services;
The proposed use will be located on a site that has services and facilities available or are able to be extended to the property. Additionally, letters from the appropriate service providers have been provided as part of the submittal, demonstrating the ability to serve the site at maximum capacity.
3. The adjacent and surrounding development;
The proposed development will be developed to minimize external impacts on adjacent properties. The parcels surrounding the property are primarily residential uses, with the exception of the Place of Worship to the east. The residential uses surrounding the property are able to be more than adequately screened with trees, landscaping, setbacks, and fencing, and the canal to the south itself further continues to serve as a buffer. Vehicular access is available to ensure that traffic generated by the proposed development does not have an adverse impact on surrounding development.
4. The future land use balance;
Residential properties are located throughout the area and the proposed FLUA amendment provides an appropriate balance of land uses and residential densities to ensure a variety of housing options are available for residents and the wider population.
5. The prevention of urban sprawl as defined by 163.3164(51), F.S.;
According to the State of Florida’s definition of urban sprawl, they are “characterized by low density, automobile‐dependent development with either a single use or multiple
uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.”
The subject property is located within the Urban/Suburban Tier and is not rural in character. Connections to existing utility services are available and will not necessitate the inefficient provision of additional public services as a result of this request. Traffic generation will be typical of the suburban nature of development and the proposal is not considered to contribute to urban sprawl.
6. Community Plans and/or Planning Area Special Studies recognized by the Board of
County Commissioners; and
The subject property is located within the boundaries of the ‘Pioneer Road Neighborhood Plan’ which has been recognized by the Board of County Commissioners. Although the stated objective of the Neighborhood Plan is to maintain existing Future Land Use designations within the Neighborhood Plan boundaries, it is noted that the Plan also states that “Future land use designations that allow for multi‐family, workforce housing and housing for the elderly are incompatible with our neighborhood plan…” (Page 4). Further to the above, the Neighborhood Plan does not support the use of the Transferable Development Rights (TDR) programs or Planned Unit Development (PUD) zoning designations.
The proposed FLU designation and subsequent concurrent Zoning application will provide for a higher FLU designation than currently exists, however does not provide for multi‐family development or housing for the elderly (such as a Congregate Living Facility). Density bonuses through the Workforce Housing, Affordable Housing or TDR programs could be sought based on the current FLU designation as a means to increase density above the existing limitations set by the current FLU designation. This could be achieved without seeking a FLUA Amendment, however it is not the Applicant’s intention to do so, consistent with the intent of the Neighborhood Plan. The Applicant seeks to amend the FLUA designation to the minimum extent possible, with a rezoning to a standard zoning district rather than a PUD, in order to provide for a well planned development on the subject property which also recognizes community expectations by not utilizing any density bonuses under the above programs.
7. Municipalities in accordance with Intergovernmental Coordination Element Objective
1.1. The Applicant will continue to abide by the Comprehensive Plan in place by the County.
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. 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.
The proposed development will provide additional housing choice and alternatives to the community. The proposal will contribute to the balance of land uses and provide current and future residents of Palm Beach County the opportunity to access additional housing options. The proposal thus promotes Palm Beach County’s intention to promote the enhancement, creation and maintenance of livable communities.
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.
The site is proposed to be developed within the Urban / Suburban Tier and is ideally suited to accommodate an increase in density so as to adhere to growth management principles. The proposal seeks to provide for a well planned development which makes efficient use of existing vacant land and will enable the provision of facilities and services in an appropriate manner so as not to adversely impact on the community.
3. Infill, Redevelopment and Revitalization. Address the needs of developed urban areas that lack basic services, and encourage revitalization, redevelopment, and infill development in urban areas to increase efficient use of land and existing public facilities and services.
The proposed use will be constructed at a location within the Urban/Suburban Tier with the capability of accommodating a more appropriate end use and increased density without creating adverse impacts on the provision of public facilities and services.
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.
As aforementioned, the proposed development will be designed and undertaken so as to ensure the density (up to 2 du / ac with a standard zoning district designation) is not in conflict with the surrounding area.
5. Neighborhood Integrity. Respect the integrity of neighborhoods, including their
geographic boundaries and social fabric.
The proposed FLU amendment is located on a large parcel that is able to be designed to accommodate future development which will respect the integrity of the neighborhood through appropriate buffering, architectural design and access solutions.
6. 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.
The proposed use will accommodate more than ten (10) dwelling units and as such will adhere to the requirements of the County’s Workforce Housing Program under Article 5 of the ULDC.
12. Environmental Integrity. Encourage restoration and protection of viable, native
ecosystems and endangered and threatened wildlife by limiting the impacts of growth on those systems; direct incompatible growth away from them; encourage environmentally sound land use planning and development and recognize the carrying capacity and/or limits of stress upon these fragile areas.
Existing vegetation on the subject property will be managed to ensure an appropriate level of protection to natural resources is provided, where feasible.
13. Design. Promote the concept of design to direct development, in rural and urban
areas. Design is used to prepare and implement policies and plans that guide the physical development of the built environment and make such development functional, orderly, efficient, visually pleasing, environmentally sound, economically viable and supportive of generally accepted community goals.
The subject site is located within the County’s Urban/Suburban Tier and is proposed to be redeveloped with residential uses that will adhere to be an orderly, planned community suitable of the local area with regards to architecture and visual appeal.
Policy 2.1‐h: The County shall not approve site specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels. The proposed FLUA amendment to LR‐3 does not encourage piecemeal development as the proposed FLUA designation will apply to the entire property and allow for a functional, well planned residential development which respects the surrounding community. The approval of the amendment will further the County’s objective to encourage infill and redevelopment opportunities on appropriately located land. OBJECTIVE 2.4 Transfer of Development Rights Palm Beach County shall implement a Transfer of Development Rights (TDR) program. The TDR program is designed to protect Environmentally Sensitive Lands and the Agricultural Reserve and to contribute to the County’s attainable, workforce housing inventory. Policy 2.4‐b: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless: 1. an applicant can both justify and demonstrate a need for a Future Land Use Atlas
(FLUA) Amendment and demonstrate that the current FLUA designation is inappropriate, as outlined in the Introduction and Administration Element of the Comprehensive Plan, or
2. an applicant is using the Workforce Housing Program or the Affordable Housing Program as outlined in Housing Element Objectives 1.1 and 1.5 of the Comprehensive Plan and within the ULDC, or
3. an applicant proposes a density increase up to, but not exceeding, the density proposed by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. To date, the following Neighborhood Plan qualifies for this provision: a. West Lake Worth Road Neighborhood Plan.
Consistent with the intent of the Pioneer Road Neighborhood Plan, the Applicant does not intend to utilize TDR credits or any other density bonuses under the Workforce Housing Program or the Affordable Housing Program in order to achieve the desired density on the subject property. As previously discussed, the continued growth and change in development pattern of the surrounding area now supports a change in FLU designation on the subject property. The proposed LR‐3 FLU is considered to be the most appropriate FLUA designation and will allow development of the property up to 2 du / ac with a standard zoning district designation.
The change in FLUA designation will also provide for the opportunity to develop the site at a density which will enable the provision of a wider range and choice of housing for the residents of Palm Beach County.
CONCLUSION On the basis of this assessment, it is considered that the proposal to amend the FLU designation as indicated is appropriate. The proposal is consistent with the policies of the Palm Beach County Comprehensive Plan and will comply with the density parameters established for the LR‐3 FLU designation at this location. The allowance of the site to develop at the permitted density will further design options to develop the property in a cohesive and effective manner while respecting the surrounding community.
Significantly impacted roadway segments that fail Long Range
None None N/A
Significantly impacted roadway segments for Test 2
None None N/A
Traffic Consultant Dr. Juan F. Ortega, P.E. - WGI
B. Mass Transit Information
Nearest Palm Tran Route (s)
Bus Route #40 – WPB - BLG via SR-80 – 0.45 Miles
Nearest Palm Tran Stop
Bus Stop #4680 – Forest Hill Blvd at Olive Tree Blvd – 1.44 Miles
Nearest Tri Rail Connection
WPB Tri-Rail Station – 8 Miles
C. Portable Water & Wastewater Information
The application must include a Potable Water & Wastewater Level of Service (LOS) comment letter as Application Attachment I. This letter should state the provider/s of potable water and wastewater is/are able to maintain their current level of service standard established by the potable water provider, while accommodating the increase of density/intensity of the proposed amendment.
Potable Water & Wastewater Providers
Palm Beach County Water Utilities Department (PBCWUD) Refer to Application Attachment I.
Nearest Water & Wastewater Facility, type/size
The nearest PBCWUD owned water and sewer pipes are located in Jog Road, approx. 1,300 feet east of the property.
A Drainage Statement is provided at Application Attachment J. In summary, the proposed drainage system will be designed to comply with SFWMD C-51 Basin, Sub-Basin 22 criteria at build out. Water Quality and quantity improvements will be provided in on-site lake systems with legal positive outfall directly connected to the LWDD L-5 Canal along the south property line.
E. Fire Rescue
Nearest Station Palm Beach County Fire Rescue station #34 – 230 Benoist Farms Rd
Distance to Site 3.25 Miles
Response Time 9 Minutes
Effect on Resp. Time The amendment of this property will have minimal impact on Fire Rescue. Refer to Application Attachment K.
F. Environmental
Significant habitats or species
A Natural Feature Inventory & Map / Environmental Report is attached as Application Attachment L. In summary, no listed species or signs of their presence were observed on the subject property. The vast majority of the subject property is comprised of upland lands. Land usages are residential, improved pasture, and ornamental nursery. Upland vegetation is comprised of trees for landscaping, shrubs and grasses (residential) and scattered native and non-native trees and shrub within the improved pasture and nursery areas and shrubs. No native upland habitats (pine flatwood, oak hammocks etc.) exist within the subject property.
Flood Zone* The subject site is located in Flood Zone B, according to the PBC Flood Insurance Rate Map No. 160A, dated October 15, 1982
Wellfield Zone* Site is not located within a Wellfield Zone. Refer to Application Attachment M.
G. Historic Resources
The PBC Archaeologist has advised no known cultural (historical and archaeological) resources are identified within 500 feet of the subject property, by way of letter dated May 2, 2016. (Refer to Application Attachment N.)
H. Parks and Recreation - Residential Only
Park Type Name & Location Level of Svc. (ac. per person)
Palm Beach County Traffic Division has reviewed the revised traffic study for the proposed Future Land Use Amendment for the above referenced project, dated April 15, 2016, pursuant to Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan. The study was performed by Wantman Group Inc .. The project is summarized as follows:
Location: PCN#: Size: Existing FLU: Existing Zoning: Existing Use: Existing Potential: Proposed FLU: Proposed Use: Prop. Zoning: Maximum Potential: Net Daily Trips (Prop.): Net PH Trips (Prop.):
West of Jog Road, South of Pioneer Road 00-42-43-27-05-013-0150, 00-42-43-27-05-013-0222 35 acres LR-1 AR NA 35 Single Family Homes LR-3 Single Family Residential PUD 105 Single Family Homes 700 53 AM (13/40), 69 PM (43/26)
Based on the review, the Traffic Division has determined the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan for the maximum potential, as shown above.
Please contact me at 561 -684-4030 or email [email protected] with any questions or concerns.
Sincerely,
~~,· Quazi Bari, P.E. Professional Engineer - Traffic Engineering
OAB.sal ec: Addressee
Steve Graham- Wantman Group, Inc. Usa Amara -Senior Planner, Planning DivisiOn Steve Bohovsky- Technical ASsistant Ill, Traffic Division
WGI 400 Columbia Drive, Suite 110 West Palm Beach, Fl33409 Attn: Ms. Megan Montesino
RE: Owen Ranch (34 AC on South S.ide of Pioneer Road, 1300 Feet West of Jog Road) Future Land Use Atlas Amendment Your Letter Dated 04·28·2016
Dear Ms. Montesino,
This is to confirm that Palm Beach County Water Utilities Department (PBCWUD) is the potable water and wastewater service provider for the referenced property. System capacities are available, subject to a reservation agreement with PBCWUD. PBCWUD is able to maintain the level of service standard based on a LR·l FLU designation, and a Zoning District of AR. Furthermore, PBCWUD will be able to maintain the level of se1·vice standard based on the proposed LR·3 FLU designation, a Zonjng District RS, with a maximum development potential of 69 single family unjts. The nearest PBCWUD owned water and sewer pipes are located in Jog Road, approximately 1300 feet east of the property.
If you have any questions please call me at (561)493·6122.
Ms. Megan Montesino Wantman Group, Inc. 400 Columbia Drive, Suite 110 West Palm Beach, FL 33405
KRISTIN K. GARRISON, A.I.C.P DIRECTOR
DONAlD E. FEN NOV II, Eo.D •. CHIEf OPERATING OFFICER
STEPHEN BACKHUS
ACTING CHIEF SUPPORT OPERATIONS
RE: SCAD/FLU# 16050501F- FUTURE LAND USE ATLAS AMENDMENT FOR OWEN RANCH, PCNS#: 00·42·43-27-05-013·0150 AND 00-42-43-27-05-013-0222
Dear Ms. Montesino:
The Palm Beach County School District has reviewed the above referenced Future Land Use {FLU) Map Amendment from the current designation of Low Residential of up to 1 dwelling unit per acre (LR-1) to the proposed designation of Low Residential of up to 3 dwelling units per acre (LR-3).
As indicated in the application, the subject property is 34.26 acres in size. ltis located on the south side of Pioneer Road and West side of Jog Road in Unincorporated Palm Beach County. The current land use allows for a maximum of 34 residential units. The proposed land use would permit 103 residential units. As a result of this amendment, there will be an increase of 69 residential units.
According to the School District's adopted student multipliers, there would be 22 potential students generated from the proposed land use change (11-elementary school, 5-middle school, 6-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 for the schools currently serving the site.
As indicated in the table on the first page, the projected utilizations for elementary and middle school do not exceed 100%. However, the high school utilization is projected to exceed 100% in the School Year 2015/2016 and the School Year 2019/2020. This may require mitigation or some other solutions in order to keep the school from becoming overcrowded.
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) 882-1941.
s~ 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
(TO BE COMPLETED AND EXECUTED ONLY WHEN THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY]
TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE
STATE OF FLORIDA COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, this day personally appeared
Peter J Brennan , hereinafter referred to as "Affiant," who
being by me first duly sworn. under oath, deposes and states as follows:
1. Affiant is the [ ) individual or (I] Manager [position-e.g., president, partner, trustee] of Foxford Communities Florida LLC [name and type of entity · e.g. , ABC Corporation, XYZ Limited Partnership], (hereinafter, "Applicant").
Applicant seeks Comprehensive Plan amendment or Development Order approval for real property legally described on the attached Exhibit "A" (the "Property").
2. Affiant's address is: 12 Salt Creek I and Su;,,.,_,wu ____________ _
Hinsdale IL 60521
3. Attached hereto as Exhibit "8" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Applicant. 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.
4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County
policy, and will be relied upon by Palm Beach County in its review of Applicant's application for Comprehensive Plan amendment or Development Order approval. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of the Applicant.
5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Applicant that may occur before the date of fina l public hearing on the application for Comprehensive Plan amendment
or Development Order approval.
6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to
statements under oath.
7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.
Disclosure ot Beneficial Interest · Applicant form Page 1 of 4
The foregoing instrumnt was acknowledged before me this M day of ~\. .A..1 , 2o..!..h_, by ratth j, W&!-&i ..._.. , 1 KJ who is persorlauy known to me or [ ] who has produced----------------as identification and who did take an oath.
Disclosure of Beneficial Interest · Applicant form Page 2 of 4
Tracts 15, 16 and 21, Block 13, The Palm Beach Farms Co. Plat No.3, according to the map or plat thereof as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida.
Together with the West one-half of Tract 22 Block 13, Palm Beach Farms Co. Plat No. 3 as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida.
Said lands situate in Palm Beach County, Florida, and contain 34.26606 acres, more or less.
isc\osure ol Beneficial Interest - Applicant form ay.,3ol4
[TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH A PPLICATION FOR COMPREHENSIVE PLAN AMENDMENT OR DEVELOPMENT ORDER]
TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE
STATE OF FLORIDA COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, this day personally appeared Abdul R Khan & Khudratoon Khan , hereinafter referred to as "Affiant," who being by me first duly sworn, under oath, deposes and states as follows:
1. Affiant is the [I) individual or [ ] [position - e.g., president, partner, trustee] of [name and type of entity · e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County.
2. Affiant's address is: 2611.i65~4u:P:nio.wn.,ee~ar...r:R~o<llad"'----------------West Palm Beach FL 33413
3. Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. 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.
4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all Individuals or entities holding a five percent or greater interest in the Property.
5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval.
6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath.
Disclosure of Beneficial Interest • Ownership form Page 1 of 4
7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.
The foregoing instrument was acknowledged before me this s day of m H 20.J:.k, by Hhudr4. foo011 KhiJ.O .,.Abdul R. f<hA.h , [ ] who is personally
known to me or [ ..rwho has produced Dn u £.1'7'5 L. c.e..ne.e.. as identification and who did take an oath.
Disclosure of Beneficial Interest - Ownership form Page 2 of 4
Tracts 15, 16 and 21, Block 13, The Palm Beach Farms Co. Plat No. 3, according to the map or plat thereof as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida.
Together with the West one-half of Tract 22 Block 13, Palm Beach Farms Co. Plat No.3 as recorded in Plat Book 2, Page 45, Public Records of Palm Beach County,
Florida.
Said lands situate in Palm Beach County, Florida, and contain 34.26606 acres,
more or less.
NOTE: The description shown hereon is a portion of the lands referred to in the Title Commitment; Old Republic National Title Insurance Company, File Fund Number 06-2015-217430-al, effective date: August 17,2015@ 11:00 pm. This survey only concerns these lands.
Disclosure of Beneficial Interest - Ownership form Page 3 of 4
Affianl must identify all entities and individuals owning five percent or more ownership interest in the Property. Affiant must identify individual owners. For example, if Affiant is an 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 Address
Abdul R Khan
Khudratoon Khan
D1sclosure of Beneficial Interest - Ownership lorm Page 4 of 4
