1 ordinance no. 2016 - 031 2 3 an ordinance of the …...1 ordinance no. 2016 - 031 2 3 an ordinance...

1 ORDINANCE NO. 2016 - 031 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 4 PALM BEACH COUNTY, FLORIDA AMENDING THE 1989 5 COMPREHENSIVE PLAN AS ADOPTED BY ORDINANCE NO. 89-1 7, AS 6 AMENDED; AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR 7 THE SITE SPECIFIC AMENDMENT DELRAY GROWERS (LGA 2016-018), 8 MODIFYING PAGE 98 OF THE FLUA FOR APPROXIMATELY 11.25 9 ACRES OF LAND, GENERALLY LOCATED NORTHEAST CORNER OF

10 ATLANTIC AVENUE AND SMITH SUNDY ROAD, BY CHANGING THE 11 FUTURE LAND USE DESIGNATION FROM AGRICULTURAL RESERVE 12 (AGR) TO COMMERCIAL LOW WITH AN UNDERLYING AGRICULTURAL 13 RESERVE (CUAGR) WITH CONDITIONS; AND AMENDING ALL 14 ELEMENTS AS NECESSARY; PROVIDING FOR REPEAL OF LAWS IN 15 CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 16 INCLUSION IN THE 1989 COMPREHENSIVE PLAN; AND PROVIDING 17 FOR AN EFFECTIVE DATE. 18 19 WHEREAS, on August 31, 1989, the Palm Beach County Board of County

20 Commissioners adopted the 1989 Comprehensive Plan by Ordinance No. 89-17;

21 WHEREAS, the Palm Beach County Board of County Commissioners amends the

22 1989 Comprehensive Plan as provided by Chapter 163, Part II, Florida Statutes; and

23 WHEREAS, Section 163.3184(2)(a), Florida Statutes, provides that comprehensive

24 plan amendments shall follow the expedited state review process except as set forth in

25 Section 163.3184(2)(b) and (c), Florida Statues; and

26 WHEREAS, the Palm Beach County Board of County Commissioners have initiated

27 amendments to several elements of the Comprehensive Plan in order to promote the health,

28 safety and welfare of the public of Palm Beach County; and

29 WHEREAS, the proposed amendments meet the requirements of Section

30 163.3184(3)(a), Florida Statutes, to be processed through the expedited state review

31 process, and are being processed through the expedited state review process; and

32 WHEREAS, the Palm Beach County Local Planning Agency conducted its public

33 hearings on November 13, December 11 , 2015 and January 15, 2016 to review the

34 proposed amendments to the Palm Beach County Comprehensive Plan and made

35 recommendations regarding the proposed amendments to the Palm Beach County Board of

36 County Commissioners pursuant to Chapter 163, Part II, Florida Statutes; and

37 WHEREAS, the Palm Beach County Board of County Commissioners, as the

38 governing body of Palm Beach County, conducted a public hearing pursuant to Chapter

39 163, Part II , Florida Statutes, on January 27, 2016 to review the recommendations of the

40 Local Planning Agency, whereupon the Board of County Commissioners authorized

41 transmittal of proposed amendments to the state land planning agency and review agencies

42 pursuant to Chapter 163, Part II , Florida Statutes; and

1

1 WHEREAS, Palm Beach County received a letter from the state land planning

2 agency dated March 8, 2016 stating that the agency had identified no comments related to

3 important state resources and facilities within the Agency's authorized scope of review that

4 will be adversely impacted by the amendment contained in this ordinance if adopted; and

5 WHEREAS, on April 27, 2016 the Palm Beach County Board of County

6 Commissioners held a public hearing lo consider adoption of the amendments; and

7 WHEREAS, the Palm Beach County Board of County Commissioners has

8 determined that the amendments comply with the requirements of the Community Planning

9 Act.

10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

11 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:

12 Part I. Amendments to the 1989 Comprehensive Plan

13 Amendments lo the 1989 Comprehensive Plan are hereby adopted and attached to

14 this Ordinance is Exhibit 1:

15 A. Future Land Use Atlas page 98 is amended as follows:

16 Application: Delray Growers Project (LGA 2016-018)

17 Amendment: From Agricultural Reserve (AGR) lo Commercial Low with an underlying

18 Agricultural Reserve (CUAGR),

19

20

Location:

Size:

Northeast corner of Atlantic Avenue and Smith Sundy Road,

11.25 acres approximately.

21 Conditions: See Exhibit 1,

22 Part II. Repeal of Laws in Conflict

23 All local laws and ordinances applying to the unincorporated area of Palm Beach

24 County in conflict with any provision of this ordinance are hereby repeated lo the ex1ent of

25 such conflict.

26 Part Ill. Severability

27 If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for

28 any reason held by the Court lo be unconstitutional, inoperative or void, such holding shall

29 not affect the remainder of this Ordinance.

30 Part IV. Inclusion in the 1989 Comprehensive Plan

31 The provision of this Ordinance shall become and be made a part of the 1989 Palm

32 Beach County Comprehensive Plan. The Sections of the Ordinance may be renumbered or

33 re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"

34 "article," or any other appropriate word.

2

1 Part V. Effective Date

2 The effective date of this plan amendment, if the amendment is not timely

3 challenged, shall be 31 days after the state land planning agency notifies the County that

4 the plan amendment package is complete. If timely challenged, this amendment shall

5 become effective on the date the state land planning agency or the Administration

6 Commission enters a final order determining this adopted amendment to be in compliance.

7 No development orders, development permits, or land uses dependent on this amendment

8 may be issued or commence before it has become effective. If a final order of

9 noncompliance is issued by the Administration Commission, this amendment may

10 nevertheless be made effective by adoption of a resolution affirming its effective status, a

11 copy of which resolution shall be sent to the state land planning agency.

12 APPROVED AND ADOPTED by the Board of County Commissioners of Palm

13

14 15 16

17 18

19

22

23

PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS

Filed with the Department of State on the 4th day of ___ ~_18_Y ____ , 2016.

3

EXHIBIT 1

A. Future Land Use Atlas page 98 is amended as follows:

Amendment No: Delray Growers (LGA 2016-018)

Amendment: From Agricultural Reserve (AGR) to Commercial Low with an underlying Agricultural Reserve (CUAGR)

Location: Northeast comer of Atlantic Avenue and Smith Sundy Road

Size: 11.25 acres approximately

Property No: 00-42-46-18-01-000-1210

Conditions: 1. Development on the site under the Commercial Low future land use designation is limited to a

maximum of 91, 100 square feet of commercial retail uses, or other uses which do not exceed the equivalent traffic generating trips.

2. The proposed amendment is subject to the County Initiated Commercial text amendments to the Comprehensive Plan adopted concurrently.

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LEGAL DESCRIPTION

TRACTS 121 AND 122, INCLUSIVE, PALM BEACH FARMS COMPANY, PLAT NO. 1, IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 42 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 26, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS STATE ROAD 806 RIGHT-OF-WAY AND CANAL RIGHTOF-WAY.

CONTAINING 11 .252ACRES, MORE OR LESS.

4

RICK SCOTT

Governor

KEN DETZNER

Secretary of State

R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270

www.dos.state.fl.us

May 4, 2016

Honorable Sharon R. Bock

Clerk and Comptroller

Palm Beach County

301 North Olive Avenue

West Palm Beach, Florida 33401

Attention: Timothy Montiglio, Administrative Specialist II

Dear Ms. Bock:

Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your

electronic copy of Palm Beach County Ordinance No. 2016-031, which was filed in this office on May 4,

2016.

Sincerely,

Ernest L. Reddick

Program Administrator

ELR/lb

Item: C.5

16-B FLUA Amendment Staff Report 1 Delray Growers (LGA 2016-018)

FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 16-B

FINAL REPORT, APRIL 27, 2016

I. General Data

Project Name: Delray Growers (LGA 2016-018)

Request: AGR to CL/AGR

Acres: 11.25 acres (includes 1 acre currently in process by County)

Location: Northeast corner of Atlantic Avenue and Smith Sundy Road

Project Manager: Stephanie Gregory, Planner II

Applicant: Delray Growers, Inc.

Agent: Bradley Miller, Miller Land Planning Consultants, Inc.

Staff Recommendation:

Staff recommends approval with conditions based upon the findings and conclusions contained within this report.

II. Site Data

Current Future Land Use

Current FLU: Agricultural Reserve (AGR)

Existing Land Use: Vacant

Current Zoning: Agricultural Reserve (AGR)

Current Dev. Potential Max:

Nursery or Agriculture

Proposed Future Land Use Change

Proposed FLU: Commercial Low with an underlying Agricultural Reserve (CL/AGR)

Proposed Use: Commercial

Proposed Zoning: Agricultural Reserve (AGR)

Dev. Potential Max/Conditioned:

Commercial, up to 98,027 sf (0.2 FAR)

General Area Information for Site

Tier/Tier Change: Agricultural Reserve Tier - No change

Utility Service: Palm Beach County Water Utilities Department

Overlay/Study: None

Comm. District: Commissioner Mary Lou Berger, District 5


III. Hearing History

Local Planning Agency: LPA Recommendation: Approval with conditions, motion by Sandra Greenberg, seconded by Thomas Dennis, passed in a 12-0 vote at the January 15th public hearing. All of the Ag Reserve Commercial items were presented and discussed concurrently. See County Initiated Text item 4.C.2 for discussion. The discussion specific to this particular site was whether or not this FLUA amendment could be adopted without a text amendment. Staff indicated that the Delray Growers application violates the adopted Comprehensive Plan since it is not within a ¼ mile of Lyons and is not a TMD, and was allowed to be processed only because of the County Initiated and two Privately Initiated amendments were proposing text amendments to allow MUPDs within the Tier. The Delray Growers amendment cannot be adopted without one of the text amendments being adopted concurrently. Board of County Commissioners Transmittal Public Hearing: Transmit with conditions, motion by Comm. Vana, seconded by Taylor, passed in a 6-1 vote (with Comm. Burdick dissenting) at the January 27th public hearing. There was minimal Board discussion. Four members of the public spoke in opposition, including representatives from 1,000 Friends of Florida and the Everglades Law Center. State Review Comments: The State Land Planning Agency issued a letter dated March 8, 2015 stating the Agency “identified no comment related to important state resources and facilities within the Department's authorized scope of review that would be adversely impacted by the amendment if adopted.” The Treasure Coast Regional Planning Council expressed concern over the Agricultural Reserve site specific amendments stating that the changes “do not further the goal of preserving and enhancing agricultural activity and environmental and water resources in the Agricultural Reserve. Council encourages the county to take a stronger position in protecting agricultural use in the Agricultural Reserve.” Board of County Commissioners Adoption Public Hearing: Adopt with conditions, motion by Comm. Vana, seconded by Taylor passed in a 5-2 vote (with Comm. Burdick and McKinlay dissenting) at the April 27th public hearing. There was minimal Board discussion. Two members of the public spoke in opposition. (Ord. 2016-31) T:\Planning\AMEND\16-B\Reports-Agendas\5-Final\C-5_16-B-DelrayGrowersFLUA-rpt.docx


IV. Background/History The 11.25 acre subject site is located at the northeast corner of Atlantic Avenue and Smith Sundy Road within the Agricultural Reserve Tier. The site is located along a corridor that contains a mixture of Industrial (IND), Agricultural Reserve (AGR) and Commercial Low (CL) Future Land Use (FLU) designations on the north side and Industrial and AGR FLUs to the south. According to the applicant, the subject site served as an airplane hangar and landing strip in the 1950's, a farm equipment welding and repair shop in the 1960's and foliage nursery in the 1970's. The nursery operation ceased in 1997 and the site is currently vacant. In 1960, the site received a commercial zoning to C-2, which is now considered Commercial General (CG) for a 0.69 acre portion of the site via Resolution 3-Y-60. The rest of the site remained Agricultural Residential. In 1998, this site along with most properties in the Agricultural Reserve, received an AGR FLU and Zoning via Resolution 1998-0851. At the July 30, 2015 meeting, the Board of County Commissioners directed staff to process text and privately initiated amendments in the Ag Reserve Tier for sites seeking smaller scale, neighborhood oriented commercial uses on a case-by-case basis, including the consideration of "squaring off" pre-existing sites. As a result, the applicant is requesting a future land use amendment from Agricultural Reserve to Commercial Low with an underlying Agricultural Reserve (CL/AGR) for the entire parcel. In addition, the County is processing a FLUA amendment (LGA 2016-010) for one acre of the subject site at the corner of Atlantic Avenue and Smith Sundy Road as a part of the County Initiated Agricultural Reserve Pre-Existing Commercial uses amendments. The other pre-existing sites were transmitted by the BCC on October 26, 2015 and scheduled for adoption on January 27, 2016. However, this site was not included at that time to allow both the County and Privately Initiated amendments to be heard concurrently.

V. Intent of the Amendment The intent of the amendment is to change the future land use designation for the subject site from Agricultural Reserve (AGR) to Commercial Low with an underlying Agricultural Reserve (CL/AGR) resulting in a maximum potential of 98,207 square feet maximum of commercial retail uses (0.2 FAR). There is no concurrent zoning application at this time. Concurrent Text and FLUA Amendments - This amendment does not propose private text amendments, but is running concurrent with two privately proposed amendments that are requesting commercial future land use and include private text amendment requests (Alderman Text/FLUA and Homrich Text/FLUA). In addition, there is a County Initiated Text Amendment to revise the same policies in the Plan. To date, there has not been any situation such at this – with a County initiated and three privately proposed amendments to be presented for transmittal on the same date proposing revisions to the same policies. In recognition of the complexity of these four amendments in total, this County Initiated text amendment report has been drafted in a manner that would eliminate the need for the private text requests and would allow the Board to review each of the private FLUA requests independently. This proposed amendment has been reviewed against both the existing policies in the Comprehensive Plan and the concurrent County Initiated text amendments.


VI. 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, 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 2) which states that the amendment is justified due to the residential and commercial development that has occurred in the area. The applicant's points are summarized as follows:

The 11.25 acre site is no longer viable for agricultural uses.

The site is surrounded by development and growth, specifically near the Delray Marketplace which has become an entertainment destination.

Residential development options for the 80/20 and 60/40 Planned Unit Developments (PUD's) in the Agricultural Reserve created an increased need for additional commercial services.

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. With regards to justification, the applicant states that under the current Agricultural Reserve future land use designation that the only option for the site is for agricultural uses. The applicant states that agricultural uses on the site are longer viable due to the size and location of the parcel. Staff does not concur with this finding. In October 2015, the Board adopted an amendment to the Comprehensive Plan regarding the contiguity requirement for preserve areas, which will allow agricultural preserves as small as 5 acres. The contiguity amendment came about following extensive public comments expressed by the Ag Reserve farmer and nursery growers during the Ag Reserve Workshop and Roundtable that agricultural uses can viable at a smaller scale. In addition, various non-residential uses are allowed within the AGR zoning district other than agriculture.


With regards to the need for additional commercial in this area, statements regarding market demand is not relevant to establishing an adequate justification for a future land use change. More significant than market demands are the characteristics of the subject site, the character of the area, changes to the land use pattern that may indicate that the current future land use designation is no longer appropriate, consistency with the Comprehensive Plan, and appropriateness of the proposed designation. With regards to the characteristics of the surrounding site and changes in the land use pattern, the subject site is not located adjacent to any existing commercial future land use designations. The site is located adjacent to Industrial future land use to the east, and Agricultural Reserve future land use on the remaining three sides. However, this privately proposed amendment is being processed concurrent with a County Initiated amendment directed by the Board to assign a 1 acre portion of the site with a Commercial Low designation in recognition of the prior commercial approval from the 1960s. If adopted by the BCC, the County Initiated amendment will allow commercial at the intersection of Smith Sundy Road. The private request for commercial land use on the remainder of the subject site would implement Board direction to consider ‘squaring off’ pre-existing sites. Further, a larger land area could allow the site to be developed with a greater mix of uses and with a design that may be able to contribute to the area, provided that the uses on the site are limited to neighborhood and community serving commercial uses as directed by the Board. Therefore, the adequate justification requirements are met.

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

Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cost efficient timely manner. Direction 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. Staff Analysis: The proposed amendment to allow low intensity commercial uses would be consistent with the character and development pattern of this particular area, which can be characterized as a low density and low intensity development pattern. With respect to land use compatibility, which is also addressed elsewhere in this report, the proposed commercial designation may be in conflict with the surrounding land uses, specifically the equestrian uses to the north of the site. However, these issues should be resolved during the zoning site plan stage. Overall, this amendment is generally consistent with 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: As both the County Initiated 1 acre portion of the site as well as the private amendment for the remainder of the site are under same ownership and are being processed for commercial, the proposed amendment would not constitute piecemeal development and is therefore consistent with this policy.

4. Residual Parcel – FLUE Policy 2.1-i: As a means of promoting appropriate land

development patterns the County shall discourage the creation of residual parcels within or adjacent to a proposed development. If such a situation is identified, and the residual parcels cannot be eliminated, then the development shall be designed to allow for inter-connectivity with the residual parcels through various techniques including, but not limited to, landscaping and pedestrian and vehicular access. In addition, the future land use designation and/or zoning district of the residual parcel shall also be considered by the Board of County Commissioners, concurrently with the development, to ensure that an incompatibility is not created.

Staff Analysis: The Comprehensive Plan’s Introduction and Administration Element defines residual parcel as “a property under the same or related ownership that has been left out of a development area, resulting in a parcel which has limited development options and connections to surrounding properties.” As both the County Initiated 1 acre portion of the site as well as the private amendment for the remainder of the site are under same ownership and are being processed for commercial, the proposed amendment would not result in a residual parcel and is therefore consistent with this policy.

5. Strip Commercial – FLUE Policy 2.2.2-d:The County shall not designate additional

commercial areas on the Future Land Use Atlas that would result in or encourage the proliferation of strip commercial development.

Staff Analysis: The proposed amendment does not exhibit any of the characteristics of strip commercial development as defined in the Introduction and Administration Element of the Comprehensive Plan. Therefore, the proposed amendment does not violate this policy.

B. Consistency with Agricultural Tier Requirements 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…..” Commercial 1. Policy 1.5-j: “Commercial uses permitted in the Agricultural Reserve Tier shall be limited

to those, which serve the needs of the farmworker community, existing residents, and future residents of an AgR-PDD.”


Staff Analysis: The subject site does not have a concurrent zoning application; however, subject site can be developed at a scale and character, and is internal to the Tier. Therefore, commercial uses on the subject site would be consistent with this policy.

2. Policy 1.5-b: Within the Agricultural Reserve Tier there are existing and/or approved

commercial sites which are benign to the purposes of the Tier and/or which provide essential services for farm workers and residents of the Tier. The commercial sites below are conforming uses under the Agricultural Reserve (AGR) future land use designation (FLU) and the Tier.

text omitted for brevity

7. Delray Growers, 0.69 acres located at the northeast corner of Atlantic Avenue and Smith Sundy, is allowed to apply for Commercial Low FLU and Commercial Zoning up to 11.25 acres through the FLUA amendment process.

text omitted for brevity Staff Analysis: The County transmitted revisions to the policy allowing existing commercial uses in the Tier to continue (as shown above in its revised version) in Round 16-A. The proposed revisions are scheduled to be adopted the same day as the Delray Growers future land use amendment is presented for transmittal. The transmitted text amendment allows the subject Delray Growers amendment to proceed through the amendment process. Therefore, this amendment is consistent with this policy.

3. Policy 1.5-k: The County shall not approve any land within the Agricultural Reserve

Tier for the Commercial Low designation unless the property is within 1/4 mile of the intersections of Lyons Road with either Boynton Beach Boulevard or Atlantic Avenue. The County shall not approve any land within the Agricultural Reserve Tier for the Commercial Low-Office designation unless development area of the property is within 1/4 mile of the northeast quadrant of the intersection of State Road 7 and Clint Moore Road.

Staff Analysis: Concurrent to this amendment is a County Initiated Text Amendment directed by the Board to examine opportunities for additional, smaller commercial opportunities in the Ag Reserve that would allow privately proposed future land use amendments to be reviewed on a case by case basis. The proposed amendment is inconsistent with this policy as currently worded since the subject site is not located within a ¼ mile of one of the identified intersections. However, the concurrent proposed text revisions would allow commercial on this site to be considered and approved by the Board.

4. Policy 1.5-l: The County may approve a maximum of 80 acres within the Agricultural

Reserve Tier with a Commercial Low designation. This maximum acreage shall not include the acreage required as the preserve area of an Agricultural Reserve Traditional Marketplace Development (AgR-TMD) pursuant to Future Land Use Policy 1.5.1-n.


Staff Analysis: This amendment is proposed to be revised by the County Initiated Text Amendment directed by the Board. The proposed amendment is inconsistent with this policy as currently worded. Currently there are 74.88 acres of Commercial Low approved within the two TMDs (37.55 acres for Canyons Town Center and 37.33 acres for Delray Marketplace) and approving an additional 11.25 acres would violate this policy. However, the concurrent proposed text revisions would allow commercial on this site to be considered and approved by the Board.

5. Policy 1.5-m: All new Commercial Low development in the Agricultural Reserve Tier

shall be in the form of an AgR-TMD, as described in the Traditional Marketplace Development provisions in this Element and shall not exceed a total of 750,000 square feet of Commercial Low uses for the entire tier.

Staff Analysis: This amendment is proposed to be revised by the County Initiated Text Amendment directed by the Board. The proposed amendment is inconsistent with this policy as currently worded. The site is not proposed to be developed as a TMD, although the potential square footage would not exceed the maximum identified by the policy. However, the concurrent proposed text revisions would allow commercial on this site to be considered and approved by the Board.

6. Policy 1.5-o: All land use amendments seeking Commercial Low or Commercial Low-

Office designation in the Agricultural Reserve Tier shall be accompanied by site plans illustrating compliance with the AgR-TMD or with the applicable regulations as specified in the Comprehensive Plan and the ULDC. Applications for rezoning of property seeking a commercial land use designation shall be filed concurrent with the Plan amendment.

Staff Analysis: This amendment is proposed to be revised by the County Initiated Text Amendment directed by the Board. The proposed amendment is inconsistent with this policy as currently worded since the site is not proposed to be developed as a TMD and does not have a concurrent zoning application. However, the Concurrent County Initiated Text Amendment would allow commercial on this site to be considered and approved by the Board. As discussed in the Concurrent County Initiated Text Amendment, this policy was established in order to ensure that commercial approvals in the Tier did not result in speculation. The staff report for the 01-1 amendment that established this policy indicates that the concurrent requirement was added: “The requirement that Plan amendment requests be accompanied by site plans and zoning applications is intended to reduce the speculative value of land in the area and ensure that only proposals which reflect a commitment to proceed are approved; the requirements also 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.” Without a concurrent zoning application, it is difficult to determine whether the uses on the site would meet the scale, character, and design that the commercial development in the Tier are intended to achieve.


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 lists the surrounding uses and FLU designations in Exhibit 3 but does not provide a compatibility analysis. The applicant indicates that the existing intensties and densities of development in the area has encroached over time on the subject site and makes the existing FLU incompatible with the development in the immediate area. Surrounding Land Uses: Immediately abutting the site are the following:

North: To the north of the subject site is the Delray Equestrian Center, a 10.96 acre preserve for the Delray Marketplace Traditional Marketplace Development (TMD) with an AGR FLU. East: To the east of the site is a vacant, 5.53 acre with a Class B Conditional use approval for Type II Commercial Kennel. The approval was granted in April of 2015 and the project remains un-built. This site has an AGR FLU. West: To the west of the site beyond Smith Sundy Road is 2.47 acre Delray Self Storage with an Industrial with an underlying Agricultural Reserve (IND/AGR) future land use designation. North of the self storage site is the Four Seasons 60/40 Planned Unit Development, previously known as Tivoli Isles. South: To the south of the site beyond Atlantic Avenue is a 39.77 acre parcel in agricultural production with an 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.”

Staff Analysis: The applicant states that the surrounding development has encroached on the site making the existing future land use designation incompatible with surrounding development. The area surrounding the subject site was mostly in agriculture when the site was utilized for agricultural related uses and development occurred (consistent with adopted future land uses and with land use amendments) surrounding the site with most of it developed in the early 2000's. Development within the Ag Reserve was required to address any incompatibilities adjacent to the subject site as it was approved. The subject site is an area with a mixture of land uses including Industrial, Agricultural Reserve and Commercial Low. Any issues with compatibility due to the potential commercial uses will be addressed during the zoning process.


C. 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.

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 already been adopted in the Comprehensive Plan in order to implement the Master Plan recommendations.

D. Public Facilities and Services Impacts The proposed amendment would change the development potential of the site from agricultural or nursery to 98,027 square feet of retail. 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 and there are adequate public facilities and services available to support the amendment, and the amendment does not exceed 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), Traffic (Engineering), Historic Resources (PBC Archeologist), Parks and Recreation, Health (PBC Dept. of Health), Community Services (Health & Human Services) 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 at a maximum of 98,027 square feet of retail. According to the County’s Traffic Engineering Department (see letter dated October 14, 2015 in Exhibit 5) the amendment would result in an increase of 2,542 net daily trips and 51 (32/19) AM and 329 (158/171) PM net peak hour trips based on a voluntary restriction of 91,100 square feet of commercial retail uses. The Traffic letter concludes “Based on the review, the Traffic Division has determined that the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan at the proposed FLU designation at the voluntary restricted intensity". Therefore, if the BCC adopts this amendment the following condition would be required in order to be compliant with this Policy: Development on the site under the Commercial Low future land use designation is limited to a maximum of 91,100 square feet of commercial retail uses, or other uses which do not exceed the equivalent traffic generating trips. The Traffic Study (see Exhibit 5) was prepared by Pinder Troutman Consulting, Inc. 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/

E. Florida Statutes (FS) Consistency 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 8 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.


VII. 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 29, 2015. 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 December 21, 2015. In addition, on December 21, 2015 several interested parties were notified by mail including The Alliance of Delray, the Coalition of Boynton West Residential Association (COBWRA), and The Four Seasons at Delray Beach Homeowners Association. Notification of this amendment, and all of the amendments related to the Ag Reserve Tier, was provided to the interested parties via email on January 7, 2016. To date, no correspondence has been received. Letters received are added to the Exhibits during the course of the amendment process.

C. Informational Meeting: The Planning Division hosted a meeting with area residents and

interested parties to relay information regarding the amendment and development approval process on January 5th, 2016. A representative of the Coalition of Boynton West Residential Areas (COBWRA) attended. However, no members of the public were in attendance. No comments related to the amendment were provided.

VIII. Conclusions and Recommendation The amendment is proposed to change the future land use designation from Agricultural Reserve to Commercial Low while retaining the Agriculture FLU as an underlying designation. The applicant has demonstrated that the proposed FLU designation is justified as the proposed amendment would expand the commercial node that is proposed for the County Initiated 1 acre portion of the site thus ‘squaring off’ the remainder of the site with commercial. This would allow the site to be developed with a greater mix of uses and with a design that may be able to contribute to the area by adding smaller scaled neighborhood and community serving commercial uses as directed by the Board. In conclusion, the proposed amendment is consistent with the Comprehensive Plan in conjunction with the concurrent County Initiated text amendment. This amendment includes two conditions of approval. The first is included in order to limit the maximum square footage for compliance with the long range traffic standards in FLUE Policy 3.5-d. The second is included in order to clearly establish that the development of the site is subject to the County Initiated text amendment running concurrently. As such, staff recommends that the approval with conditions of the applicant’s request.


Exhibits Page

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

2. Applicant’s Justification/Consistency with Comprehensive Plan and Florida Statutes E-3

3. Applicant’s Public Facility Impacts Table E-13

4. Applicant’s Traffic Study (available to the LPA/BCC upon request) E-15

5. Palm Beach County Traffic Division Letter E-16

6. Water & Wastewater Provider LOS Letter E-17

7. Applicant’s Disclosure of Ownership Interests E-18

8. Urban Sprawl Analysis E-22

9. Correspondence E-24

16-B FLUA Amendment Staff Report E - 1 Delray Growers (LGA 20106-018)

Exhibit 1

Amendment No: Delray Growers (LGA 2016-018)

FLUA Page No: 98

Amendment: From Agricultural Reserve (AGR) to Commercial Low with an underlying Agricultural Reserve (CL/AGR)

Location: Northeast corner of Atlantic Avenue and Smith Sundy Road

Size: 11.25 acres

Property No: 00-42-46-18-01-000-1210

Conditions: 1. Development on the site under the Commercial Low future land use designation is limited to a

maximum of 91,100 square feet of commercial retail uses, or other uses which do not exceed the equivalent traffic generating trips.

2. The proposed amendment is subject to the County Initiated Commercial text amendments to the Comprehensive Plan adopted concurrently.

AGR to CL/AGR


Legal Description

TRACTS 121 AND 122, INCLUSIVE, PALM BEACH FARMS COMPANY, PLAT NO. 1, IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 42 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 26, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS STATE ROAD 806 RIGHT-OF-WAY AND CANAL RIGHT-OF-WAY. CONTAINING 11.252 ACRES, MORE OR LESS.


Exhibit 2

Applicant’s Justification and Consistency with Comprehensive Plan

The Delray Growers Project

FLUA AMENDMENTCONSISTENCY&COMPATIBILITY

REQUEST

The applicant, Delray Growers, Inc. (which is owned by young adults, Melissa McKeown and Christopher McKeown) prepared and therefore respectfully submits this application for a Large Scale Future Land Use Atlas (FLUA) Amendment. This FLUA amendment application is requesting approval for the following:

The Applicant requests to amend the future land use designation of the 11.252 acre property from Agriculture Reserve (AGR) to Commercial Low with an underlying Agriculture Reserve (CL/AGR); the property is located at the northeast corner of Atlantic Avenue and Smith Sundy Road, +/-500 feet west of the successful Delray Market Place TMD.

This amendment is being requested to square-off the entire 11.252 acre parcel, which features an existing commercial site noted on Policy 1.5-s: (formerly Policy 1.5-b) and is located within 500 feet of the Delray Market Place (in fact, the property touches on property that is part of the Delray Market Place preserve area on its northern boundary). The subject parcel is also listed under one Property Control Number (PCN:00-42-46-18-01-000-1210). Policy 1.5-s: (formerly Policy 1.5-b) within the Agricultural Reserve Tier is proposed to be an accommodated commercial site on the property as a conforming use within the Agriculture Reserve Tier. The policy states Delray Growers, Inc. will submit an amendment application for the entire parcel and this application serves to fill that request. This application will allow the property to conform to the uses in the surrounding area.

BACKGROUND

The subject property has had changing uses over the last 70 years. In the 1950’s the property had an airplane hangar and landing strip for small planes. In 1960, Resolution R-3-Y-60 passed to allow commercial zoning on the northeast corner of the property. The airplane hangar was converted into a farm equipment welding and repair shop. In the 1970’s the airplane strip became a foliage nursery and in 1976, the property was purchased by the applicant’s grandfather, Roger McKeown. Shortly thereafter Roger’s son, Thomas McKeown, the applicant’s father, took over the plant nursery operations and later purchased the property from his father.

In the early 1990’s the decline in the foliage industry became evident and the property was changed from a foliage nursery to a palm tree nursery. In 1997, after Thomas McKeown’s sudden and premature death, the family sought to sell the planted palms. Once the palms were sold the land was cleared and became pasture land. The land was rented to a horse farm as additional grazing land for the horses. When the lease was over, the land was offered to local


farms. There was no longer interest from farms, nursery owners, or equestrian centers for the property, so the use of the pasture was and continues to be given free of charge to a local cattle farmer.

Meanwhile, in 1995, new development options were approved in the Agriculture Reserve because of the decline in agriculture and the increase in the need for housing. The comprehensive plan was amended in 1995 to allow for the 60/40 AGR-PUD option within the Agricultural Reserve Tier, in addition to the 80/20 option already in place. This amendment resulted in a significant amount of farmland being converted for residential use which has therefore increased the need for additional commercial services in the area and diminished agriculture’s sustainability in the Agricultural Reserve.

In 2005, Resolution R2005-0588, Atlantic Avenue & State Road 7 Wastewater Force Main Special Assessment Project, was approved to support new residential and commercial developments and the applicant’s property was assessed. This wastewater force main runs along the subject property’s frontage along Atlantic Avenue, a total of 653.50 feet. The Wastewater Force Main was necessary for development of the surrounding area, including Delray Market Place. The subject property will be able to use the Wastewater Force Main once a commercial classification is approved, but under the current AGR designation, there is no special benefit for the subject property so long as the subject property is designated as AGR designation.

It is evident that the subject property is not only too small to support viable agricultural it also poses a high risk to traffic on Atlantic Avenue. For example, in 2010 a cow broke through the fence and posed a risk to traffic on Atlantic Avenue. In 2012, two other farm animals managed to escape their pens and had to be slaughtered for fear they would cause an accident on Atlantic Avenue.

It is practical and conforming to allow the subject property to have a commercial designation, next to the Delray Market Place and with frontage on Atlantic Avenue, a main corridor between the turnpike and State Road 7, and as a natural squaring off at the “T” intersection with Smith Sundy Road.

FLUA ADMENDMENT AND COMPATIBALITY JUSTIFICATION

The McKeown Family has been in the nursery industry since the 1970’s when Melissa’s and Christopher’s grandfather, Roger McKeown, purchased land in West Delray Beach. Roger McKeown was followed by his sons and daughter to become nursery farmers. For almost 20 years, Roger McKeown’s three adult children operated nurseries in West Delray Beach known as, Delray Growers, Beach Growers and Smith Sundy Growers. The total acreage of the family’s nurseries reached approximately 45 acres. Today less than 15 acres remains in nursery operation. Delray Growers has not operated as a nursery for nearly 20 years and is requesting a commercial designation.

The applicant is requesting to amend the FLUA designation of the property from AGR to CL/AGR. Pursuant to the survey submitted with this application (Attachment P), the property is 11.252 acres. Per Policy 2.1.f of the Future Land Use Element (FLUE) of the Plan an applicant must provide adequate justification for the proposed future land use.


The Agriculture Reserve is an entity unto itself and therefore any changes in the Agriculture Reserve, impact the subject parcel.

The Agricultural Reserve Master Plan, which was written fifteen years ago, in the year 2000, clearly stated that agriculture was changing and declining in the Agriculture Reserve and being threatened by major market forces. Imports were and continue to be a major market force that has resulted in a reduction of vegetable production in the County and Agricultural Reserve. The Plan predicted imports would increase by 10% per year and seriously threaten agriculture in the County and Ag Reserve. The Plan also mentioned two other major market forces; substantial regulatory requirements and labor shortages. All three major market forces, that were recognized and outlined in the Master Plan, have had a significant change and impact on the Agriculture Reserve. For example, the County’s single largest producer of gladiolas which was mentioned in the Plan, is no longer in business. The Bowman Dairy, which was a 1,000 acre dairy located at the end of Smith Sundy Road, in close proximity of the subject property, closed the dairy operation in the 1990’s.

There has been and continues to be a continuous change and decline of agriculture in the Agricultural Reserve.

The Agriculture Reserve Master Plan allowed the larger parcels of agriculture land to be developed and the county approved many residential developments in the Agricultural Reserve Tier. Commercial uses, however, have been limited. 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 and services.

The many approved residential developments, schools, houses of worship, a hospital, and the two built and successful TMD’s in the Ag Reserve Tier, reflect a significant change in the characteristics of the surrounding area. Furthermore, the conversion of nearby farmland to residential, civic and commercial development has had a considerable impact on the subject property. For example, the subject property had a tenant for 50 years occupying one of the warehouses on the site. The tenant managed a welding operation for farm equipment. In 2012, the tenant closed operation at the subject property location due to lack of need of services for the repair of farm equipment in the area. This lack of a need of services for repair of farm equipment reflects the decline that was predicted by the Agricultural Reserve Master Plan and the impact that the major market forces would have on the Agricultural Reserve. It further reflects that agriculture in the Agricultural Reserve has diminished below sustainability.

To demonstrate the effect on the subject property of the changes in the characteristics of the surrounding area, subject parcel size of 11.252 acres and the reduction of agricultural uses in the area, the applicant has lost all agriculture tenants over the last 10 years and has been unable to attract new agriculture use tenants. To that end, the subject property is utilized for free by a local cattle farmer.

Arterial roads have been built and expanded near the subject property, changing the characteristics of the area. Lyons Road was extended through farmland from Atlantic Avenue to Boynton Beach Blvd. The Lyons Road intersection, which used to be one traffic light and was a “T” intersection, now has 8 traffic lights and is a major intersection. Furthermore, Atlantic Avenue was widened from 2 to 4 lanes from the Turnpike to Lyons Road to manage the increased traffic.


The subject property is now surrounded by growth and development. As seen in the aerial view below, since 2004 the landscape has changed dramatically surrounding the property.

2014

2004


The Delray Marketplace, which was built per the Comprehensive Plan and U.L.D.C., was designed as an entertainment destination and was also built on farmland and a former nursery. Though successful, the Delray Market Place does not provide for all neighborhood serving commercial uses. The subject property can provide the additional neighborhood serving commercial uses that would complement the Delray Market Place and reduce the amount of roadway trips to neighborhood serving commercial uses further away in the eastern part of the County.

The subject property is strategically located less than 500 feet west of the Delray Market Place (Reference Figure 1). It is also located on the arterial road, Atlantic Avenue and between two additional arterial roads, the Florida’s Turnpike and State Road 7. Furthermore, it is at a “T” intersection with Smith Sundy Road for squaring off.

Figure 1

Along the northern side of Atlantic Avenue stretching from Lyons Road to State Road 7 the properties consist of FLU designations of primarily CL/AGR and IND/AGR. The subject property with the proposed change of CL/AGR will be compatible with the corridor. (Reference Figure 1).

To the west of the subject property are other industrial uses, which include Blue Bell Creameries, Peanuts Country Store and Gas Station and Delray Storage Center.

Redevelopment options for the subject property would be limited due to its size and location on an arterial road. It is not practical or viable for the subject property to be a farming operation or agriculture use.

As a residential use, the subject property could only support two five acre lots with possible driveways on Atlantic Avenue. The development of two five acre residential lots is not a viable option along the arterial road and “sandwiched” between the Delray Market Place TMD and Industrial property. As a continued agriculture use, it is not practical due to the small size and location of the subject property.

Development of the subject property as a neighborhood commercial use would be consistent with good planning principles such as location on an arterial road and close proximity to the Delray Market Place TMD, which does not provide all necessary neighborhood commercial uses.


Atlantic Avenue is an important corridor that supports several large residential communities, east/west commuters, turnpike interchange traffic, as well as the TMD patrons. The property as a commercial use will help keep traffic trips localized and reduce impacts on the county-wide roadway network.

SURROUNDING USES

Below is a description of the uses on the adjacent properties to the north, south, east and west of the overall property.

North: To the north of the subject property is the following parcel:

PCN 00-42-46-18-09-001-0000: This is a 10.96 parcel that is listed under Delray Market Place Preserve 3 and zoned TMD. This Preserve 3 is a contiguous preserve parcel to the Delray Market Place TMD and currently features an equestrian use. In January 2014, 4.11 acres of Delray Market Place Preserve 3 was approved for a FLU designation of CL/AGR and TMD zoning, to provide the Delray Market Place with needed additional parking.

South: To the south of the subject property, across Atlantic Avenue a principal arterial roadway, is the following parcel:

PCN 00-42-46-19-01-000-0050: This is a 39.76 acre parcel currently listed as Agriculture, Classification Crop Soil Class 1. The property has FLUA and zoning designations of AGR. The property has no prior zoning approvals per the County Quad sheet.

East: To the east of the subject property is the following parcel:

PCN 00-42-46-18-01-000-1230: This is a 5.53 acre vacant parcel, owned by J. M. A. Properties, Inc. On April 15, 2015 the property was approved for a Type II Kennel (Commercial) use on the parcel. The Preliminary Site Plan indicates a 35,090 square foot building with 67 parking spaces provided. Access will be from Atlantic Avenue.

PCN 00-42-46-18-09-003-0000: This is a 2.05 acre vacant parcel, owned by Atlantic TMD, LLC. This parcel is zoned TMD, Traditional Marketplace Development and is a preserve area for the Delray Market Place.

PCN 00-42-46-17-08-001-0000: This is a 33.15 acre parcel, owned by KRG Atlantic Delray Beach, LLC. This property is zoned TMD, Traditional Marketplace Development and features the successful Delray Market Place. This site was a former nursery.

West: To the west of the subject property, across Smith Sundy Road, are the following parcels:

PCN 00-42-46-18-01-000-1201: This parcel is a 2.47 acre site, is zoned light industrial and features a storage facility named Delray Self Storage.

Multiple PCN’s: 60/40 PUD: Four Seasons Residential Community (previously known as Tivoli Isles). This development is an adult community featuring 315


single-family homes and estate sized residences. This site was several former nurseries.

PCN 00-42-46-18-02-001-0000: This is a 2.48 acre site zoned Light Industrial

with the 2600-Service Station Use Code. The site is named Peanuts Country Store and Gas Station.

PCN 00-42-46-18-000-1181: This is a 2.25 acre site zoned Light Industrial with

the 4800 – Warehouse Distribution Term Use Code. This site is owned by Blue Bell Creameries.

COMPREHENSIVE PLAN, FLORIDA STATUTES AND COMPATIBILITY

Compliance with Comprehensive Plan

Policy 2.1-f of the Comprehensive Plan indicates that before approval of a future land use amendment, adequate justification must be demonstrated to show that the current land use is inappropriate, that the proposed future land use is compatible with existing and planned development in the immediate vicinity and that impacts on the natural environment, availability of facilities/services, surrounding development and future land use balance is evaluated. In addition, the amendment is evaluated for prevention of urban sprawl, compliance with community plans and/or planning area special studies. While the justification above touches on most of these criteria, the following addresses each one specifically.

Inappropriateness of Current Land Use – The 11.252 acre property is no longer a viable agriculture use, it is too small to accommodate another agriculture use and it is not located appropriately to be developed into two five acre residential lots. Furthermore, the water force main (R2005-0588) was placed along the 653.50 foot frontage of the property for future commercial uses. Atlantic Avenue is a major east-west corridor with access to I-95, the Turnpike, and State Road 7. Infrastructure is already in place along this corridor and Lyons Road to accommodate the existing residential, TMD, schools, daycare, and place of worship that are already developed in the immediate vicinity of the subject property.

Impacts on Natural Environment–The subject property has supported agricultural uses for over forty years and, as such, has no natural features or will have negative impacts on natural environment.

Impacts on Availability of Facilities and Services – This application provides an analysis of the proposed land use designation on facilities and services needed for the increase in density. The traffic study (Attachment H) shows how the increased density can be accommodated on the roadway system. The Palm Beach County Water Utilities Department (PBCWUD) confirmed in the letter dated August 28, 2015 (Attachment I) that it has the capacity to provide the required level of service for the Property. A letter from Fire Rescue is provided to show compliance with required response times (Attachment K). As detailed in the Drainage Statement (Attachment J) prepared by McLeod, McCarthy & Associates, P.A., the site is within the


boundaries of the South Florida Water Management District C-15 Basin and Lake Worth Drainage District and drainage will be designed to meet required criteria.

Impact on Surrounding Development –The subject property is requesting the same

land use as the Delray Market Place that is located 500 feet to the west of the subject property, there will therefore be little impact on the surrounding development. The subject property’s CL/AGR designation will complement the CL/AGR designation of the Delray Market Place by providing necessary services to area residents that are not provided for in the Delray Market Place. The CL/AGR designation is a compatible use in the surrounding area. The site plan process will assure proper buffering between uses and roadways.

Impact on Future Land Use Balance- Approval of the land use change for the subject

property will allow for the development of 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. 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. Allowing smaller commercial uses 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. These residents need places to shop and dine without having to travel a significant distance.

Prevention of Urban Sprawl - Considering that this site is predominately surrounded

by existing development or use and can be served by existing facilities, the property should be considered infill and accordingly not considered “urban sprawl”.

Planning Area Special Studies – The Agricultural Reserve Master Plan, written in the year 2000, clearly stated that agriculture was declining and threatened in the agricultural reserve. The subject property’s request for CL/AGR designation is consistent with the decline in agriculture that was anticipated.

Infill, Redevelopment and Revitalization - The redevelopment of the subject property

is consistent with this goal as it provides additional non-residential uses to support the existing residents. Furthermore, it supports services that are not offered by the neighboring Delray Market Place TMD.

Impact on Municipalities – The subject property is not located adjacent to or close to any other municipality.

Goals – The proposed land use change furthers the County’s goals as further described below.


Land Planning– Allowing smaller commercial uses 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. A smaller neighborhood serving commercial center will reduce the amount of traffic heading eastward to access commercial uses not provided at the regional commercial center (Delray Market Place TMD) on Atlantic Avenue.

Community Planning and Design –Approval of the proposed land use change will

allow for the development of neighborhood serving commercial uses for the residents of the Agricultural Reserve Tier.

The redevelopment of the Property is consistent with the current Comprehensive Plan language. The development of the property serving commercial uses would be a better use for the Property. Additionally, neighborhood commercial uses would provide needed services to those living and working within the immediate community that are not being provided in the existing regional commercial center at the northwest corner of Lyons Road and Atlantic Avenue. Redevelopment of the Property is inevitable due to its small size and inability to efficiently accommodate the current agricultural use. The growing amount of residential development along the Lyons Road and Atlantic Avenue corridors will continue to generate increased demand for commercial services. This land use change is proposed in order to address balanced growth in the area. The existing regional TMD at the northwest corner of Atlantic Avenue and Lyons Road generally serves the region and does not provide all the needed neighborhood commercial services that will keep residents in the immediate area to obtain these services.

Service Areas - General – The proposed Commercial Low designation in the Agricultural Reserve Tier ensures that services are provided in the most cost-effective manner. The land development pattern that has been established within the immediate vicinity of the intersection of Atlantic Avenue and Lyons Road and along the Atlantic Avenue corridor is generally non-agricultural. A smaller commercial center will provide needed services to the residents in the immediate vicinity and not require them to travel long distances to obtain such services.

Policies – The proposed land use change furthers the County’s policies as further described below.

Policy 1.5-j: “Commercial uses permitted in the Agricultural Reserve Tier shall be limited to those, which serve the needs of the farmworker community, existing residents, and future residents of an AgR-PDD.” The proposed amendment to allow additional Commercial Low within the Agricultural Reserve Tier will be consistent and further the policy requiring commercial uses to serve the farmworker community and existing residents and future residents. As the population of the Agricultural Reserve Tier continues to increase 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.


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.” The land development pattern that has been established along the Atlantic Avenue corridor between Lyons Road and State Road 7 is generally non-agricultural. Furthermore, the subject property is located within 500 feet of the Delray Market Place. Limiting the redevelopment of the property to an agricultural use completely surrounded by residential and commercial uses does not further any goals of the Agricultural Reserve Tier as these uses could be seen as incompatible and not in the best interests of the public’s health, safety and welfare. The 11.252 acre property is no longer viable for agriculture but allows for neighborhood serving commercial uses to be conveniently located near the residential uses which they would serve.

Comprehensive Plan & Florida Statues/Administrative Code An evaluation of the objectives and policies of the Comprehensive Plan will be conducted by County staff and the applicant as this amendment is being reviewed. Likewise, Florida Statutes and Administrative Code will be evaluated the same.

Conclusion

The above description and evaluation if impacts, goals and policies of the Comprehensive Plan along with the amendment application materials provides the justification for the proposed amendment from the existing AGR land use designation to the proposed CL/AGR land use designation.


Exhibit 3

Applicant’s Public Facility Impacts Table

VIII. Public Facilities Information

A. Traffic Information

Current FLU Maximum Conditioned or Concurrent

Max Trip Generation 1,216 3,989 3,758

Trip Increase Max. 2,773

Trip Inc. Conditioned or Concurrent

2,542

Significantly impacted roadway segments that fail Long Range

N/A SR7 from Winner’s Circle to W. Atlantic Ave

NONE

Significantly impacted roadway segments for Test 2

N/A N/A W Atlantic Ave from SR 7 to Turnpike; Lyons Rd from W Atlantic Ave to Flavor Pict Rd

Traffic Consultant Pinder Troutman Consulting, Inc.

B. Mass Transit Information

Nearest Palm Tran Route (s) No routes directly service the subject property. The nearest route is Palm Tran Route 81 located 1.924 miles from the subject site.

Nearest Palm Tran Stop 1.9 miles from the southeast corner of the subject property to the intersection of Atlantic Avenue and Hagen Ranch Road where there is a stop at Oriole Plaza, bus stop number 6409.

Nearest Tri Rail Connection Same as above since Route 81 has a direct link to the Delray Beach Tri-Rail Station.

C. Portable Water & Wastewater Information

Please see Application Attachment I for the Level of Service letter from PBC Water Utilities Department dated August 28, 2015 and the Potable Water and Wastewater Level of Service Statement prepared by McLeod, McCarthy & Associates, P.A dated September 14, 2015.

Potable Water & Wastewater Providers

Palm Beach County Water Utilities Department

Nearest Water & Wastewater Facility, type/size

Nearest potable water main is anticipated to be provided by an existing 42” watermain located in the West Atlantic Avenue right-of-way. Wastewater is anticipated to be provided by an existing 12” diameter forcemain located in the


West Atlantic Avenue right-of-way.

D. Drainage Information

Please see Application Attachment J for Drainage Statement prepared by McLeod, McCarthy & Associates, P.A., dated September 14, 2015.

E. Fire Rescue

Nearest Station Palm Beach County Fire-Rescue Station #42

Distance to Site Approximately 3 miles. Please see Application Attachment K

Response Time Estimated response time 8 minutes 30 seconds. Average FY 2014 = 7.14 minutes

Effect on Resp. Time The amendment will have little impact on Fire Rescue.

F. Environmental

Significant habitats or species

There are no known listed animal and/or plant species on the subject property. Please see Application Attachment L for a Natural Inventory & Map.

Flood Zone* X500

Wellfield Zone* The subject property is located outside of the wellfield protection zones. Please see Application Attachment M for Wellfield Protection Zone Statement prepared by McLeod, McCarthy & Associates, P.A dated September 14, 2015.

G. Historic Resources

There are no historic or archeologically significant resources on or within 500’ of the subject site. A letter from the County Historic Preservation Officer stating such is provided as Application Attachment N.


Exhibit 4 Traffic Study

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

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

http://www.pbcgov.com/pzb/planning/activeamend/


Exhibit 5 Palm Beach County Traffic Division Letter


Exhibit 6 Water & Wastewater Provider LOS Letter


Exhibit 7 Disclosure of Ownership Interests


PALM BEACH COUNTY· ZONING DI ISION FORM#~

7. Under penalty of perj ry, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.

FURTHER AFFIANT SA ETH NAUGHT.

as ack~'!wledged before me this~ ~~y of A UC\ . _J~s,a~~6..~A.::.!::::Ll~~..L-----, f.Xl who is p~onally

known to me or [ ] who as produced _ ___ __ ...,.,. _______ _ _

as identification and who id take an oath.

Disclosure of Beneficial Interest • Owne hip form Page 2 of 4

Nolar/P7. e-f- 1 ~ , a_ Go/I 2,s:;i/ez.

(Print Notary Name)

NOTARY PUBLIC

State of Florida at Large , ,.., \ ~ /

My Commission E)(pires: ~ ~O) lp

Revised 08/2512011 Web Format 2011


PALM BEACH COUNTY - ZONING DIVISION

isclosure of Beneficial Interest - Applicant form age3of4

EXHIBIT "A"

PROPERTY

FORM#_M_

Revised 08125/2011 Web Format 201 1


Exhibit 8 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.

Although the site has an AGR FLU, the site is not currently in active agricultural production and this 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 9 Correspondence

1 ordinance no. 2016 - 031 2 3 an ordinance of the …...1 ordinance no. 2016 - 031 2 3 an ordinance...

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