tuscangardens flu amendment - palm beach county...

Item: III.A.1

18-SCA FLUA Amendment Staff Report 1 Tuscan Gardens of Delray Beach (SCA 2018-016)

FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT SMALL SCALE AMENDMENT

PLANNING COMMISSION PUBLIC HEARING, MARCH 9, 2018

A. Application Summary

I. General

Project Name: Tuscan Gardens (SCA 2018-016)

Request: HR-8 to CLR/8

Acres: 7.57 acres

Location: Southwest corner of Sims Road and Frost Lane

Project Manager: Gerald Lodge, Planner I

Applicant: Chris Young, Tuscan Gardens of Delray Beach Mgmt. Company, LLC

Owner: Michelle Pierce, POP Delray Commons, LLC

Agent: Christen Hutton, WGI

Staff Recommendation:

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

II. Assessment & Conclusion

The proposed amendment is a request for a future land use amendment in order to allow additional residents (aka beds) within an approved Congregate Living Facility Type 3. The applicant is requesting to change the High Residential, 8 units per acre (HR-8) future land use designation to the Congregate Living Residential designation (CLR/8) to increase the facility from 145 to 217 beds. The amendment will retain the underlying 8 units per acre for any residential use other than a congregate living facility. The subject site is surrounded by residential developments built with a range of densities ranging from 3 to over 14 units per acre. The request represents an appropriate density increase that will allow a more efficient use of an approved project and will offer increased opportunities for independent and assisted living in the area. The request is compatible with the surrounding land uses and in character with the overall residential uses and densities in the vicinity. This amendment request is consistent with all applicable policies in the Comprehensive Plan including all level of service standards.


III. Hearing History

Local Planning Agency: Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\18-SCA\SiteSpecific\18-16 Tuscan Gardens of Delray Beach\Reports\TuscanGardens-Rpt.docx

Future Land Use Atlas Amendment Tuscan Gardens of Delray Beach (SCA 2018-016)

Site Data Size: Existing Use: Proposed Use: Current FLU: Proposed FLU:

Date 121512017 Contad Planning

7.57 acres Vacant/Residential Type 3 Congregate Living Facility High Residential, 8 units per acre (HR-8) Congregate Living Residential (CLR)

Fi ename Planning\AMENO\ 18-SCA\Site\18-16 !~ill• Iii ij.1115 SITE

Note Map is not offiaal, for presentatiOn purposes only

Future Land Use Designations LR-1 LR-3 MR-5 HR-8 HR-12 CH/5

Low Residential, 1 unit per acre CH/8 Low Residential, 3 units per acre INST

CH, underlying HR-8 Institutional

Medium Residential , 5 units per acre High Residential, 8 units per acre High Residential, 12 units per acre Commercial High, underlying MR-5

---~~~ ........ Foot 0 250 500 1,000

Planning, Zoning & Building 2300 N. Jog Rd, WPB, FL 3341 1

Phone (561) 233-5300


•


B. Petition Summary

I. General Data

Project Name: Tuscan Gardens of Delray Beach (SCA 2018-016)

Request: HR-8 to CLR/8

Acres: 7.57 acres

Location: Southwest Corner of Sims Road and Frost Lane

Project Manager: Gerald Lodge, Planner I

Applicant: Chris Young, Tuscan Gardens of Delray Beach Management Company, LLC

Owner: Michelle Pierce, POP Delray Commons, LLC

Agent: Christen Hutton, WGI

II. Site Data

Current Future Land Use

Current FLU: High Residential, 8 units per acre (HR-8)

Existing Land Use: Plant Nursery, Single Family Residential, and Vacant

Current Zoning: Planned Unit Development (PUD)

Current Dev. Potential Max:

Residential, up to 61 dwelling units or 145 beds

Proposed Future Land Use Change

Proposed FLU: Congregate Living Residential with an underlying High Residential 8 units per acre (CLR/8)

Proposed Zoning: Planned Unit Development (PUD)

Dev. Potential Max/Conditioned: Residential, up to 91 dwelling units or 217 congregate living facility beds

General Area Information for Site

Tier/Tier Change: Urban Suburban Tier – No Change

Utility Service: Palm Beach County Water Utilities

Overlay/Study: None

Comm. District: Mary Lou Berger, District 5


C. Introduction

I. Intent of the Amendment The amendment is proposed to change the future land use designation on a 7.57-acre site from High Residential, 8 units per acre (HR-8) to Congregate Living Residential with an underlying 8 units per acre (CLR/8). The intent is to expand the residents allowed within an approved Congregate Living Facility Type 3. The amendment would increase the resident count from a maximum of 145 beds to 217 beds. The number of residents (beds) for a CLF Type 3 is calculated by multiplying the acreage of the site by the residential density allowed by the future land use designation, and then by 2.39 persons per unit to determine the number of residents allowed. Under the current future land use designation, the 8 unit per acre density would allow up to 61 residential dwelling units or up to 145 CLF beds (61 x 2.39). The proposed CLR designation allows up to 12 units per acre for the purposes of calculating CLF beds only; therefore, the maximum beds are proposed to increase to a total of 217. The residential dwelling unit maximum would remain unchanged at the underlying 8 units per acre (HR-8). The site has a concurrent zoning application that will be presented to the Board of County Commissioners for adoption at the same public hearing as this small-scale amendment. The site has a current approval for a 144 bed CLF Type 3. Zoning application (Application Number DOA-2017-02214, Control number 2005-0506) is requesting an increase of 73 beds for a total of 217 beds.

II. Background/History The subject site is comprised of one 7.57-acre parcel and is located on the west side of Sims Road, and south of Lake Ida Road. The site is currently developed with a nursery and a single-family home. The site has not been subject to any previous future land use amendments since the adoption of the 1989 comprehensive plan. Overview of the Area The site is located in the Urban Suburban Tier in a suburban residential area located west of the City of Delray Beach. Multifamily housing predominately surrounds the site. Residential future land use designations surrounding the site range from Medium Residential, 5 units per acre (MR-5) to High Residential, 8 units per acre (HR-8). Approximately 1,000 feet north of the site is another small-scale future land use amendment, known as York Assisted Living, that is currently in process. The York Assisted Living amendment application is also requesting an amendment from HR-8 to CLR/8.

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)

Applicant’s Justification: The applicant has prepared a Justification Statement (Exhibit 2) which can be summarized as follows: Increasing the number of residents in an approved congregate living facility to a

density comparable with the surrounding land uses is appropriate The proposed Congregate Living Facility expansion will provide additional housing

opportunities in a neighborhood with a multitude of residential uses and densities The proposed future land use amendment represents an appropriate and efficient use

of land that is compatible with the surrounding residential uses.

Staff Analysis: This policy is the umbrella policy over the entire amendment analysis and many of the items are addressed elsewhere in this report as identified above. The subject site is located in an area with predominately 55+ residential communities and a range of housing types from single family, to condominium, to apartments. The proposed amendment will add opportunities for independent and assisted living housing within a project that is already approved for a congregate living facility at a density that is consistent and less than the newly constructed apartments to the north. The amendment is compatible with the area, and would represent a more efficient use of land on an infill parcel. Therefore, the applicant has met the requirements for an adequate justification.

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

Direction 1. Livable Communities. Promote the enhancement, creation, and maintenance of livable communities throughout Palm Beach County, recognizing the


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

Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area; (b) requiring the transfer of development rights as the method for most density increases; (c) ensuring smart growth, by protecting natural resources, preventing urban sprawl, providing for the efficient use of land, balancing land uses; and, (d) providing for facilities and services in a cos t 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 would contribute toward livable, sustainable communities, by expanding the housing opportunities available in the area. The expansion of the approved congregate living facility will provide increased opportunities for housing with the ability for health care on site. In this respect, the proposed amendment furthers the Livable Communities and Growth Management Directions and would not detract from any of the County directions. Thus, this proposed amendment is consistent with the County Directions.

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 definition of piecemeal development in the Comprehensive Plan describes “A situation where land, under single ownership or significant legal or equitable interest (by a person as defined in Section 380.0651[4] F.S., is developed on an incremental basis, or one piece at a time, with no coordination or overall planning for the site as a whole.” The subject site is one parcel and there is no other parcel in the same ownership is left out of this proposed amendment. Therefore, the proposed amendment is not piecemeal development according to the definition.

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…..” 1. Future Land Use Element 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.

Staff Analysis: The proposed amendment would accommodate the expansion of an approved CLF facility at an appropriate location. Therefore, the proposed amendment is consistent with this overall Objective.

2. Policy 2.2.1-l: Congregate Living Residential. The purpose of the Congregate Living

Residential (CLR) future land use designation is to facilitate the review of proposed Congregate Living Facilities (CLF) Type 3 that require a future land use amendment to increase residential density. The CLR designation is subject to the following:

1. Proposed future land use amendments requesting an increase in density for the

purposes of developing a CLF Type 3 shall apply for the CLR designation unless the site is proposed within a project that has multiple or mixed land uses. Amendments requesting to be co-located non-residential uses may apply for a non-residential future land use designation with an underlying CLR and be subject to the location requirements of the non-residential designation.

2. Proposed future land use amendments to the CLR designation shall retain the original residential future land use designation as an underlying residential density to be used if the site is developed with residential uses other than a CLF Type 3.

3. Proposed future land use amendments to the CLR designation for a CLF Type 3 are subject to the maximum density depicted in FLUE Table 2.2.1-g.1. The maximum density for individual sites may be limited through the future land use amendment process to ensure compatibility with surrounding land uses. In order to determine the compatible maximum density and design of the site, proposed CLR amendments require a zoning application to be submitted within the amendment review process.

Staff Analysis: The proposed amendment is to change the future land use designation of the site from High Residential, 8 units per acre (HR-8) to the newly adopted Congregate Living Residential (CLR) in order to expand an approved Type 3 Congregate Living Facility (CLF). The CLR FLU designation allows Type III CLF facilities to be developed up to 12 units per acre. This amendment would increase the number of beds on the subject site from 145 beds to 217 beds. The subject site is not located within a multiple use project and the amendment is accompanied by a concurrent zoning application as required. Therefore, the proposed amendment is consistent with the policy. Although the applicant did not request an underlying residential density, the 8 unit per acre underlying density has been retained administratively for residential uses other than a CLF consistent with Policy 2.2.1-l.

C. Consistency other Comprehensive Plan Elements

Housing Element Policy 1.4-c: The County shall provide for foster care, group homes and other special needs facilities to be permitted in residential neighborhoods. Farm worker housing is currently permitted in the Agriculture Reserve (AGR), Agriculture Production (AP) and Special Agriculture (SA) land use categories.

Staff Analysis: The proposed amendment is surrounded by residential neighborhoods including the communities of High Point of Delray and the Atlantic Blu development. The proposed amendment is to facilitate a Congregate Living Facility to be located in a


predominantly residential area. Therefore, this amendment is consistent with the intent of this policy.

D. 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 designations in Exhibit 2. Surrounding Land Uses: Immediately abutting the site are the following:

North: A local street named Frost Lane abuts the north side of the site. North of Frost lane is the newly developed Aspen Square PUD, which is built with 171 apartments at a density of 14.4 units per acre. This site has a High Residential, 8 units per acre (HR-8) designation, however utilized the Transfer of Development Rights (TDR) and Workforce Housing bonus density programs to increase the density above the 8 unit per acre future land use designation. On the northwest corner of the subject site, across Frost Lane, is one single family home on a 0.24 acre lot. Northwest: To the northwest of the site is another new apartment complex called Stonybrook on the Lake PUD with a total of 346 apartments and a density of 11.14 units per acre. This site also has a High Residential, 8 units per acre (HR-8) designation and also utilized the Transfer of Development Rights and Workforce Housing bounus density programs to increase the density above the 8 unit per acre future land use designation. South: The southern edge of the site borders the Aspen Ridge single-family development with an MR-5 future land use designation. This community is developed with 95 units at a density of 2.9 units per acre. Southeast: The southeastern portion of the site abuts on two sides with a 1.25-acre vacant parcel. Further to the south of the vacant parcel is a vacant 3.52-acre parcel with an approval for a residential project called Emerald Place. This project is approved for 31 multifamily units, 10 of which are approved utilizing the TDR bonus density program. East: To the east of the site across Sims Road, a collector roadway, and the Lake Worth Drainage District (LWDD) E-3 canal, is a large (170.5 acres) senior condominium community known as High Point of Delray West with an HR-8 designation. This community extends from Lake Ida Rd. at its northern boundary to Atlantic Ave. at the south. This community is built with 1,084 units at a density of 6.35 unit per acre. West: To the west of the subject site on Frost Lane is a 4.92 acre parcel with a mobile home and a 0.47 acre parcel with a single family home. Both parcels have an HR-8 designation.

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 amendment proposes to change the High Residential, 8 units per acre future land use designation, to the Congregate Living Residential designation. The proposed change would allowed an increase in the density by 4 units per acre for a CLF only. This proposed change equates to an increase in the number of allowable congregate living facility beds by 72 beds for a total of 217 beds. The site is largely surrounded by properties with an HR-8 future land use, and multifamily housing within a similar range of density. The proposed amendment is compatible with the surrounding residential uses.

E. 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 not located within an Overlay.

2. Neighborhood Plans and Studies – FLUE Policy 4.1-c states “The County shall

consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval……”

Staff Analysis: The subject site is not located within the boundaries of any neighborhood plans or studies.

F. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from HR-8 to CLR on the 7.57-acre site. Public facilities impacts are detailed in the table in Exhibit 3. 1. Facilities and Services – FLUE Policy 2.1-a: The future land use designations, and

corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review. Based upon the responses, there are adequate public facilities and services available to support the amendment. In addition, 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, School Board, 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 a 217 bed CLF Type 3 at the requested CLR amendment. According to the County’s Traffic Engineering Department (see letter dated November 15, 2017 in Exhibit 4) the amendment would result in an increase of 171 net daily trips and 30 (20/10) AM and 48 (21/27) PM net peak hour trips. The Traffic letter concludes “Based on the review, the Traffic Division has determined that the traffic impacts of the proposed amendment meets Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan at the maximum potential intensity" The Traffic Study (see Exhibit 4) was prepared by Dr. Juan Ortega, P.E. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx

G. Florida Statutes 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 Boundary and provides an array of urban services and public facilities. 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 explicit purpose of reducing sprawl.

II. Public and Municipal Review The Comprehensive Plan Intergovernmental Coordination Element Policy 1.1-c states “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 February 15, 2018, and notified the City of Delray Beach. To date, no objections through the IPARC process to this amendment 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 February 15, 2018. In addition, the Planning Division notified the Aspen Ridge Property Owners Association and the High Point of Delray West Condo Association. Notification was also provided to the Delray Alliance.


C. Informational Meeting: The Planning Division hosted a meeting on February 27, 2018, 2018 with area residents and interested parties to relay information regarding the proposed amendment, the Comprehensive Plan Amendment process, and the development review process. No nearby residents or interested parties attended.

III. Conclusions and Recommendation The proposed amendment is a request for a future land use amendment in order to allow additional residents (aka beds) within an approved Congregate Living Facility Type 3. The applicant is requesting to change the High Residential, 8 units per acre (HR-8) future land use designation to the Congregate Living Residential designation (CLR/8) to increase the facility from 145 to 217 beds. The amendment will retain the underlying 8 units per acre for any residential use other than a congregate living facility. The subject site is surrounded by residential developments built with a range of densities ranging from 3 to over 14 units per acre. The request represents an appropriate density increase that will allow a more efficient use of an approved project and will offer increased opportunities for independent and assisted living in the area. The request is compatible with the surrounding land uses and in character with the overall residential uses and densities in the vicinity. This amendment request is consistent with all applicable policies in the Comprehensive Plan including all level of service standards. Therefore, staff recommends approval.

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-15

4. Applicant’s Traffic Study (available to the LPA/BCC upon request) E-18

5. Palm Beach County Traffic Division Letter E-19

6. Water & Wastewater Provider LOS Letter E-21

7. Applicant’s Disclosure of Ownership Interests E-22

8. Correspondence E-32

18-SCA FLUA Amendment Staff Report E - 1 Tuscan Gardens of Delray Beach (SCA 2018-016)

Exhibit 1

Amendment No: Tuscan Gardens of Delray Beach (SCA 2018-0016)

FLUA Page No: 99

Amendment: From High Residential, 8 units per acre, (HR-8) to Congregate Living Residential with an underlying High Residential, 8 units per acre (CLR/8)

CLF Density: The Congregate Living Residential future land use designation allows a density of 12 units per acre for a Congregate Living Facility (CLF) use.

Location: Southwest corner of Sims Road and Frost Lane

Size: 7.57 acres

PCN: 00-42-46-14-36-001-0000

Conditions: None


Legal Description

ALL OF THE PLAT OF TUSCAN GARDENS OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 123, PAGES 162 AND 163 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA CONTAINING 7.5691 ACRES, MORE OR LESS.


Exhibit 2

Applicant’s Justification Statement, Consistency, and Compatibility

I. INTRODUCTION

The subject property, known as Tuscan Gardens of Delray Beach, is located on the southwest corner of Sims Road and Frost Lane, approximately 2,250 feet north of West Atlantic Avenue, in unincorporated Palm Beach County. The site is zoned Planned Unit Development (PUD) and has a Future Land Use designation of High Residential – up to 8 dwelling units per acre (HR‐8). The subject site, which is approximately 7.57 acres in size, is either vacant land, nursery or developed with a single family residence. The current Property Control Number (PCN) for the subject site is 00‐42‐46‐14‐36‐001‐0000. Formerly, the PCNs for the subject site were 00‐42‐46‐14‐00‐000‐3100; 00‐42‐46‐14‐00‐000‐3080; 00‐42‐46‐14‐00‐000‐3082; and 00‐42‐46‐14‐00‐000‐3081. The number for the Plat is for 2018 Tax Roll (BK 123 & PG 162) 5/30/2017 ARC.

II. PROPOSED FUTURE LAND USE ATLASMAP AMENDMENT

On behalf of the Applicant, WGI, is respectfully requesting a Future Land Use Atlas (FLUA) Amendment, in order to modify the land use designation from High Residential, 8 units per acre (HR‐8) to Congregate Living Residential (CLR). The following is a summary of the uses surrounding the subject site:

Future Land Use Zoning District Existing Use

North HR‐8

(High Residential, 8 units per acre)

PUD (Planned Unit Development)

Frost Lane ROW and Single‐Family Residential

South MR‐5

(Medium Residential, 5 units per acre)

PUD (Planned Unit Development) / RS (Single Family

Residential)

Single Family Residence / Multi‐Family Residential

East HR‐8


PUD (Planned Unit Development) / RM (Multifamily Residential)

Sims Road ROW / Multi‐Family Residential

West HR‐8


AR (Agricultural Residential)

Agriculture


A breakdown of the surrounding uses is provided below: North: To the north of the subject site is the Blu Atlantic PUD. The Blu Atlantic is currently

zoned as a Planned Unit Development (PUD) with a Future Land Use designation of High Residential, 8 units per acre (HR‐8). A total of 171 townhouse dwelling units were approved, 62 of which that were dedicated to Workforce Housing, pursuant to Resolution R‐2008‐0479 and Control Number 2003‐00085.

South: To the south of the subject site is the Aspen Ridge residential PUD. The Planned Unit

Development (PUD) was approved as a multi‐family development; the property was amended and is currently built as a single family home development. The site is presently zoned as a Planned Unit Development (PUD) with an underlying Single Family Residential (RS) Zoning District and a Future Land Use of Medium Residential, 5 units per acre (MR‐5). A total of 95 units are built.

East: To the east of the proposed development lies the High Point of Delray West PUD.

This project was approved on May 23, 1974 under Resolution R‐1974‐0425 and Control Number 1974‐00066. The entirety of the Planned Unit Development (PUD) is built and is occupied by multi‐family housing. The residential community has a Multifamily Residential (RM) Zoning District designation with an underlying Planned Unit Development (PUD) and a Future Land Use of High Residential, 8 units per acre (HR‐8).

West: To the west of the subject site is an agricultural vehicle yard. It currently falls under

the Agricultural Residential (AR) Zoning District designation and has a Future Land Use of High Residential, 8 units per acre (HR‐8). No prior approvals exist for this property.

Compatibility and Surrounding Uses The site is surrounded by a mix of residential and agricultural uses including; single family development, multi‐family development, and an agricultural vehicle facility. The proposed residential use of Congregate Living Residential (CLR) is compatible and consistent with the surrounding uses, as the attached Existing Land Use map demonstrates the immediate context is predominantly residential. Additionally, the residential uses are a mixture of multi‐family and single‐family ranging in density. This surrounding varying density is compatible with the proposed Future Land Use (FLU) use density increase to 217 beds. Moreover, it is common for residential uses of varying densities to be found adjacent to one another, examples of which can be found throughout Unincorporated Palm Beach County as well as within the County’s municipalities. The extent to which the densities transition from one to another are often mitigated by the use of property development regulations including setbacks, height limitations and landscape buffer requirements.

Project History


The subject site has no previous Text or Future Land Use Atlas (FLUA) Amendments. Below is a zoning summary history of the subject site:

On September 24, 2015, the Board of County Commissioners approved a Rezoning of the subject property from Agricultural Residential (AR) to Planned Unit Development (PUD) pursuant to Resolution R‐2015‐1352, and the BCC also approved a Requested Use for a 144 bed Type III CLF, pursuant to Resolution R‐2015‐1351.

On November 10, 2015, the DRO approved the Final Master Plan, Final Site Plan and Final Regulating/Sign Plan under Application No. DROE/W‐2015‐02152.

On January 18, 2017, the Board of County Commissioners approved the reconfiguration of the Mater Plan and Site Plan,

On April 12, 2017, the DRO approved the Final Master Plan and Final Site Plan to reconfigure the Residential and Recreation Pod, relocate square footage less than 25%, modify the architecture, relocate the recreation Pod, and reconfigure the parking.

Justification for Future Land Use Atlas Amendment As stated, the proposed Amendment is to modify the Future Land Use from High Residential, 8 units per acre to Congregate Living Residential. The current Future Land Use of High Residential, 8 units per acre permits up to 144 beds, as approved in 2015. Subsequent to the 2015 approval, Congregate Living Facility market trends have evolved into space demand for couples, instead of single individuals. To accommodate the Congregate Living Facility market of “couples”, it requires a density, or beds per acre increase, for the additional “couples” occupancy. The proposed Future Land Use amendment to Congregate Living Facility will permit an increase from 144 to 217 beds.

The subject site is located adjacent to Sims Road, a well‐travelled road connecting Atlantic Avenue and Lake Ida Road. The attached Existing Land Use map demonstrates the immediate context is predominantly residential. The site is east of the Florida Turnpike and located within the Urban/Suburban Tier. As proposed, the Congregate Living Facility use provides an additional housing option to a neighborhood with a multitude of residential uses and densities. Permitting a Congregate Living Facility use on the subject property, located in a residential neighborhood, will foster a neighborhood‐oriented atmosphere for Congregate Living Facility residents, minimizing any institutional or hospital undertones. Moreover, this site is well suited for infill development as it is located in close proximity to a major arterial roadway, Atlantic Ave., and surrounded by existing developed parcels. Infill projects are often dense and intense, as they provide an opportunity for development to remain within urbanized areas, avoiding unwanted sprawl development. In Palm Beach County, prior to development interest, infill parcels typically contain suburban land uses and less intense zoning designations. Accordingly, land use amendments are often required to support dense, intense infill development. Further, the proposed development’s infill location, adjacent to existing roadways, developed corridors and utilities, promotes the County’s infill objectives for long‐range growth strategies. In summary, the proposed Future Land Use change for the subject site is based on needed services within the community, as


well as similar applications being processed for the new Congregate Living Residential Future Land Use. As outlined in the table below, it is typical of Type 3 Congregate Living Facilities to be developed on land with FLU’s of High Residential, 8 units per acre and High Residential, 12 units per acre, with density ranges of 18 beds per acre to 36.16 beds per acre. The proposed Congregate Living Facility density of 28.6 beds per acre on the subject property is in the median range of what has been previously permitted for Type 3 Congregate Living Facilities. Accordingly, the proposed Future Land Use of Congregate Living Facilities consistent with similar Type 3 Congregate Living Facilities approved in Palm Beach County.

Project Name Control # FLU/ Zoning

Acreage #

beds/du Density

Surrounding Uses

ARC at Delray West 97‐28 HR‐8 PUD

4.75 86 beds 18.10 beds/ac

Duplexes

Veranda Club CLF 84‐152 HR‐8 PUD

6.03 218 beds 36.16 beds/ac

SF Residential

Southwind Heights CLF 03‐105 CLO/8 PUD

6.21 135 beds 21.74 beds/ac

SF / Office

Lake Worth Senior Living

05‐122 HR‐8 PUD

6.81 134 beds 19.60 beds/ac

MF / Commercial

Lake Worth Road CLF 81‐13 CH/8 PUD

6.61 165 beds 24.90 beds/ac

MF / Commercial

Allegro at Boynton Beach

97‐75 INST/8 MUPD

7.50 140 beds 18.60 beds/ac

SF

Cobblestone Place CLF 75‐68 HR‐12 PUD

6.00 168 beds 28.00 beds/ac

SF / Commercial

Compliance with Comprehensive Plan FLUE Policy 2.1‐F The proposed Future Land Use Atlas Amendment must be found to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use Element Policy 2.1‐f requires that adequate justification for the proposed Future Land Use be provided. The proposed Future Land Use Atlas Amendment to modify the Future Land Use from High Residential, 8 units per acre to Congregate Living Residential 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 proposed use is suitable and appropriate for the subject site as the property is located near compatible uses and similar intensities. As shown on the attached Existing Land Use and Development Context Maps, there are multiple high density housing types, including Congregate Living Facilities and multi‐family housing, within a half mile from the subject


property. The property development regulations contained in the Unified Land Development Code will require the project to meet buffering and setback requirements to ensure compatibility between the proposed uses and the existing and future residential uses nearby.

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;

A significant portion of the contextual development, consisting of a variety of housing types such as Congregate Living Facilities, multi‐family and single family housing, have undergone Future Land Use and zoning amendments that permitted the increase in density allowance. In fact, as identified on the Development Context Map, the following nearby properties

Delray Villas Congregate Living Facility had a Future Land Use change to High Residential, 8 units per acre.

Heritage Park Delray East Congregate Living Facility had a Future Land Use change to High Residential, 8 units per acre.

Heritage Park West Delray Congregate Living Facility had a Future Land Use change to High Residential, 12 units per acre.

Delray Beach Congregate Living Facility had a Future Land Use change to High Residential, 12 units per acre.

Stonybrook on the Lake PUD had a Future Land Use change to High Residential, 8 units per acre.

Aspen Square PUD had a Future Land Use change to High Residential, 8 units per acre.

Changes in the access or characteristics of the general area and associated impacts on the subject site;

The proposed amendment is consistent with the surrounding future land uses and character of the immediate neighborhood context as illustrated on the Development Context Map. The use and intensity associated with the proposed amendment maintains the compatibility and integrity of the Urban/Suburban Tier, as such uses and intensities already exist in nearby locations. Additionally, the proposed Future Land Use Atlas Amendment will allow the subject site to be developed in a manner that will provide needed services to the community. Offering a Congregate Living Facility choice in this location, allows for residents to age in a place close to family and friends in a familiar environment.

New information or change in circumstances which affect the subject site;


Subsequent to the 2015 approval, Congregate Living Facility market trends have evolved into space demand for couples, instead of single individuals. To accommodate the Congregate Living Facility market of “couples”, it requires a density, or beds per acre increase, for the additional “couples” occupancy. The proposed Future Land Use amendment to Congregate Living Facility will permit an increase from 144 to 217 beds. Additionally, the recently adopted Future Land Use Congregate Living Facility designation was initiated by Palm Beach County, as Planning staff recognized the need for a Future Land Use category that was specific to this highly in‐demand land use that requires an increased density allowance to develop projects specific to the aging population.

Inappropriateness of the adopted FLU designation; or,

The current Future Land Use of High Residential, 8 units per acre is an inappropriate designation for the subject infill parcel, as it does not foster the density required to accommodate aging “couples” that want to share habitable quarters within the Congregate Living Facility residence. The High Residential, 8 units per acre Future Land Use designation unintentionally restricts Congregate Living Facilities to primarily “one‐individual‐per‐bedroom”, thereby restricting needed assisted living facility options for “couples” within the County’s gaining population. The proposed request of a Congregate Living Facility Future Land Use designation on the subject property is more appropriate than the current Future Land Use of High Residential, 8 units per acre. Since the newly adopted Congregate Living Residential Future Land Use designation was both initiated and adopted by Palm Beach County for the specific use of a Congregate Living Facility, it is reasonable to conclude that Congregate Living Residential is the most appropriate Future Land Use designation for the subject property that is approved for a Congregate Living Facility use.

Whether the adopted FLU designation was assigned in error.

The current Future Land Use designation of High Residential, 8 units per acre was not assigned in error.

Compliance with Florida Statutes Chapter 163.3177 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 on that particular subject at the time of adoption of the plan or plan amendment at issue.”


The data and analysis presented in this 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 current Future Land Use of High Residential, 8 units per acre is an inappropriate designation for the subject infill parcel, as it does not foster the density required to accommodate aging “couples” that want to share habitable quarters within the Congregate Living Facility residence. The High Residential, 8 units per acre Future Land Use designation unintentionally restricts Congregate Living Facilities to primarily “one‐individual‐per‐bedroom”, thereby restricting needed assisted living facility options for “couples” within the County’s aging population. The proposed request of a Congregate Living Residential Future Land Use designation on the subject property is more appropriate than the current Future Land Use of High Residential, 8 units per acre. Since the newly adopted Congregate Living Residential Future Land Use designation was both initiated and adopted by Palm Beach County for the specific use of a Congregate Living Facility, it is reasonable to conclude that Congregate Living Residential is the most appropriate Future Land Use designation for the subject property that is approved for a Congregate Living Facility use.

Consistency with Directives, Goals, Objectives, and Policies of the PBC Comprehensive Plan The Future Land Use Element (FLUE) of the Comprehensive Plan establishes the framework for future development within Unincorporated Palm Beach County and includes Goals, Objectives and Policies which guide this future growth. Section I.C of the Future Land Use Element also establishes County Directions which reflect the type of community residents wish to see within Palm Beach County. The Directions particularly relevant to this application include:

Livable Communities;

Growth Management;

Infill Development;

Land Use Compatibility;

Neighborhood Integrity; and

Housing Opportunity. The following analysis demonstrates the proposal’s consistency with the relevant Goals, Objectives and Policies of the Future Land Use Element of the Plan, as demonstrated throughout this report. Consistency with the PBC Future Land Use Element Goals – The proposed Future Land Use Atlas Amendment furthers the County’s goals as further described below.


Land Planning – “It is the GOAL of Palm Beach County to create and maintain livable communities, promote the quality of life, provide for a distribution of land uses of various types, and at a range of densities and intensities, and to balance the physical, social, cultural, environmental and economic needs of the current and projected residents and visitor populations. This shall be accomplished in a manner that protects and improves the quality of the natural and manmade environment, respects and maintains a diversity of lifestyle choices, and provides for the timely, cost‐effective provision of public facilities and services.” The proposed project contributes to Palm Beach County’s livable communities by offering alternative care and housing options for residents at compatible densities and uses surrounding the site. The proposed Congregate Living Facility use will serve a higher proportion of the aging population’s housing needs and preferences. This proposed Future Land Use Atlas Amendment will allow for the development of a Congregate Living Facility for “couples”, which will provide needed alternative in housing types and offers the opportunity for aging populations within the area to be adequately served by providing a range of residential options and healthcare needs.

Objectives – The proposed Future Land Use Atlas Amendment furthers the County’s objectives as further described below.

Objective 1.2 Urban/Suburban Tier – Urban Service Area General: “This tier is expected to accommodate the bulk of the population and its need for employment, goods and services, cultural opportunities, and recreation. It supports a variety of lifestyle choices, ranging from urban to residential estate; however, the predominant development form in the unincorporated area is suburban in character. The older, communities are primarily in municipalities, within approximately 2 miles of the Atlantic Ocean. Most of the neighborhoods within the tier are stable and support viable communities. However, due to the period in which many of the coastal communities were built and the County’s efforts to keep pace with rapid growth in its western area, some of the eastern areas did not receive a full complement of urban services. If the County is to meet its primary goal to create and maintain livable communities, balance growth throughout the County, protect natural resources and provide a variety of lifestyle choices beyond the long term planning horizon, it is imperative that land, services and facilities be used efficiently and effectively.” This request is consistent with this Objective as the recently adopted Congregate Living Residential Future Land Use is permitted within the Urban/Suburban Tier. A change in Future Land Use designation will offer the opportunity to develop the site appropriately for different housing desires for the gaining population. Given the surrounding characteristics and adjacent increased development intensity, as well as the location along a highly traveled arterial roadway, the development of a Congregate Living Facility at Congregate Living Residential density is appropriate and reasonable. Additionally, the proposed Future Land Use Amendment of Congregate


Living Residential is consistent with infill development characteristics, such as permitting higher densities along major roadways, while utilizing existing infrastructure and County services.

Objective: “Palm Beach County shall plan to accommodate approximately 90% of the County’s existing and projected population through the long‐range planning horizon within the Urban/Suburban Tier. The Urban/Suburban Tier shall include all land within the Urban Service Area, as depicted on the Service Areas Map in the Map Series. These areas have a development pattern generally characterized as urban or suburban, considering the intensity and/or density of development. The Urban/Suburban Tier shall be afforded urban levels of service.” Response: The Urban/Suburban Tier is designated to accommodate a variety of densities, land uses and development patterns. The subject property is ripe for infill development and increased density, as the location is surrounded by comparable development, and in close proximity to existing roads and infrastructure. Accordingly, the proposed amendment is consistent with the Objective, as the proposed Future Land Use Atlas Amendment will provide diverse housing options with compatible density with surrounding uses.

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 Future Land Use Atlas Amendment will allow for the development of needed alternatives in housing types, while protecting the environment and utilizing existing infrastructure. The proposed use offers the opportunity for populations within the area to be adequately served by providing a range of housing options and healthcare needs.

Objective 2.2 Future Land Use Provisions – General – “Palm Beach County shall ensure development is consistent with the County’s diverse character and future land use designations. All public and private activities concerning the use, development and redevelopment of a property and the provision of facilities and services shall be consistent with the property’s future land use designation, and the applicable Goals, Objectives and Policies of this Element.”

The proposed Future Land Use Atlas Amendment is consistent with the County’s diverse character and future land use designations as the proposed use will offer needed services to the area that are currently under represented. Furthermore, as demonstrated within this section, the proposed amendment is consistent with the


applicable Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan.

Objective 3.1 Service Areas ‐ General – “Palm Beach County shall establish graduated service areas to distinguish the levels and types of services needed within a Tier, consistent with sustaining the characteristics of the Tier. These characteristics shall be based on the land development pattern of the community and services needed to protect the health, safety and welfare of residents and visitors; and, the need to provide cost effective services based on the existing or future land uses.” The subject site is located near all of the necessary urban services including, but not limited to, the roadway network, water/wastewater and drainage facilities, mass transit, opportunities, etc. The proposed development will sufficiently utilize the existing urban services within the area. Furthermore, the proposed use will provide additional services to the community to help protect the health, safety and welfare of its residents.

Policies – The proposed Future Land Use Atlas Amendment furthers the County’s policies as further described below.

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 proposed Future Land Use Atlas Amendment is consistent with this policy as the proposed density, bulk, and scale is comparable to other surrounding developments as shown on the attached Development Context and Existing Land Use Maps. The subject property is located within the Urban/Suburban Tier, which encourages a variety of lifestyle living choices, ranging from urban to residential estate. Accordingly, the increase in density will enable additional options for aging couples who require assistance to cohabitate together in the Congregate Living Facility.

Policy 1.2‐b: Palm Beach County shall encourage and support sustainable urban development, including restoration, infill and adaptive reuse.

The site is highly suitable for infill development as it is located along existing roads, services, infrastructure, and surrounded by existing developed parcels with


comparable densities and intensities. Granting the density increase with the Congregate Living Residential designation maximizes the opportunity for the community need‐oriented use a Congregate Living Facility provides to the aging population of Palm Beach County.

Policy 2.1‐a: “Future land use designations, and corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area and shall also not underutilize the existing or planned capacities of urban services.” The subject property is located near all of the necessary urban services including, but not limited to, the roadway network, water/wastewater and drainage facilities, mass transit, opportunities, etc. The proposed development will sufficiently utilize the existing urban services within the area.

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.”

The proposed Future Land Use Atlas Amendment is consistent with the County’s diverse character and future land use designations as the proposed use will offer additional assisted living housing arrangement options. Furthermore, as demonstrated within this section, the proposed amendment is consistent with the applicable Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan.

Policy 2.1‐h: “The County shall not approve site specific Future Land Use Atlas Amendments that encourage piecemeal development.” Given the infill development potential on the subject property, the proposed Congregate Living Residential use will catalyze appropriate development pattern transitions between the multi‐family and other Congregate Living Facilities nearby as shown on the attached Development Context Map. Accordingly, the proposed amendment does not encourage piecemeal development, nor does it create residual parcels that are not developed in a consistent and compatible pattern.

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

Amendment and demonstrate that the current Future Land Use Atlas designation is inappropriate, as outlined in the Introduction and Administration Element of the Comprehensive Plan, or


The Applicant is seeking a Future Land Use Atlas Amendment to increase density on the site, rather than solely utilizing the Transfer Of Development Rights Program, as the subject site is surrounded by existing residential, public/institutional, and nearby commercial developments that support the proposed density and unique housing options for the aging population. Utilizing the Transfer of Development Rights Program, only, would not yield a density intense enough to create a development that is best suitable as an infill development and economically impossible to supply the number of Workforce Housing units that will be provided. The site is surrounded by existing development and would likely, long term, be unsuitable for agricultural production; thus creating the ideal opportunity for infill development. Typically, infill development retains urban characteristics, therefore requiring land use designations that support the requested density threshold of development. The proposed higher residential density for beds per acre within Congregate Living Residential designation will diversify housing options for the aging population of Palm Beach County. Accordingly, the specific needs of the proposed Congregate Living Facility development program on the subject property could not be achieved exclusively through the use of the Transfer of Development Rights Program. Furthermore, as demonstrated within this section, the proposed amendment is consistent with the applicable Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan as well as the Introduction and Administration Element of the Comprehensive Plan.

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 The specific development program and according density for the subject property is for a population that is retired and no longer in the workforce. Accordingly, the Workforce and Affordable Housing Programs are not appropriate to utilize for the density increases.

New Policy 2.2.1‐#: Congregate Living Residential. The purpose of the Congregate Living Residential future land use designation is to facilitate the review of proposed Congregate Living Facilities Type 3 that require a future land use amendment to increase residential density and approval within in appropriate areas of the County. The Congregate Living Residential designation is subject to the following: 1. Proposed future land use amendments requesting an increase in density for the

purposes of developing a Type 3 Congregate Living Facility shall apply for the Congregate Living Residential designation unless the site is proposed within a project that has multiple or mixed land uses. Such Amendments which are also


requesting to be co‐located non‐residential uses may apply for a non‐residential future land use designation with an underlying Congregate Living Residential and be subject to the location requirements of the non‐residential designation.

2. Proposed future land use amendments to the Congregate Living Residential

designation shall retain the original residential future land use designation as an underlying residential density to be used if the site is developed with residential uses other than a Type 3 Congregate Living Facility.

3. Proposed future land use amendments to the Congregate Living Residential

designation for a Type 3 Congregate Living Facility are subject to the maximum density depicted in FLUE Table 2.2.1‐g.1. The maximum density for individual sites may be limited through the future land use amendment process to ensure compatibility with surrounding land uses. In order to determine the compatible maximum density and design of the site, proposed Congregate Living Residential amendments require a concurrent zoning application to be submitted within the amendment review process.

The proposed development of a Type 3 Congregate Living Facility on the subject property is in compliance with this policy and requirement for the Congregate Living Residential Future Land Use designation. Conclusion The requested Future Land Use Atlas Amendment from High Residential, 8 units per acre to Congregate Living Residential is justified and consistent with the Palm Beach County Comprehensive Plan, State of Florida laws, and is compatible with surrounding uses. The subject site is well suited for infill development, as it’s located in close proximity to a major arterial roadway, within the Urban/Suburban tier, and surrounded by existing developed land and comparable development patterns as shown in the attached Development Context and Existing Land Use Maps. Additionally, the site will provide an opportunity for development to remain within urbanized areas, subsequently providing a sustainable land development alternative to developing agricultural and “greenfield” land. As illustrated in the attached Existing Land Use and Future Land Use Maps, the proposed residential use and density increase of Congregate Living Residential is compatible and consistent with the surrounding built environment. Furthermore, the proposed use of a Congregate Living Facility will provide an additional housing option, for the growing aging population in South Florida to create a more livable community within an existing neighborhood. The newly adopted Congregate Living Residential Future Land Use designation is geared towards residential uses, exclusively utilized for the development of a Type 3 Congregate Living Facility. Developing a Congregate Living Facility use on the subject property, surrounded by existing residential neighborhoods, will create an inviting and welcoming atmosphere for Congregate Living Facility residents, minimizing the aesthetic stigma or misconception of residing in a medical or institutional facility.


Exhibit 3

Applicant’s Public Facilities Table

VIII. Public Facilities Information

A. Traffic Information

Current FLU Maximum Conditioned or Concurrent

Max Trip Generation 406 577 n/a

Trip Increase Max. 171

Trip Inc. Conditioned or Concurrent

n/a

Significantly impacted roadway segments that fail Long Range

None None None

Significantly impacted roadway segments for Test 2

None None None

Traffic Consultant Dr. Juan F. Ortega, P.E. - JFO Group Inc.

B. Mass Transit Information

Nearest Palm Tran Route (s)

DLB X-TWN via ATLANTIC (Route 81) – 0.5 Miles

Nearest Palm Tran Stop

ATLANTIC AVE @ SIMS RD (# 7632) – 0.5 Miles

Nearest Tri Rail Connection

Delray Beach Station – 3.5 Miles

C. Portable Water & Wastewater Information

Please refer to Application Attachment I, Potable Water & Wastewater Level of Service (LOS) Comment Letter, which states that the provider of potable water and wastewater is able to maintain their current level of service standard established by the potable water provider while accommodating the increase of density of the proposed amendment.

Potable Water & Wastewater Providers

Palm Beach County Utility Department (PBCWUD)


Nearest Water & Wastewater Facility, type/size

The nearest potable water is a 12" water main located within Sims Road and an 8" water main north of the subject property. A Palm Beach County Utility Department (PBCWUD) lift station is located south of the subject property. Upgrades to the existing lift station may be required.

D. Drainage Information

The South Florida Water Management District criteria for this project will be a water control elevation of El. 14.50' NAVO. The minimum centerline road is proposed at Elevation 18.50 feet NAVO, and the minimum finished floor is proposed at Elevation 20.50 feet NAVO. The proposed minimum road centerline, and finished floor criteria, will exceed the calculated 5-year and 100-year design storms as required by code. A control structure will be installed to regulate the discharge into the Lake Worth Drainage District E-3 Canal, in compliance with the allowable discharge of 70 CSM for the C-15 Basin. Please refer to Drainage Statement as Application Attachment J.

E. Fire Rescue

Nearest Station Palm Beach County Fire-Rescue station #45

Distance to Site 15450 S. Jog Road, Delray Beach, FL 33446

Response Time Approximately 2.50 miles

Effect on Resp. Time Approximately 7 minutes and 30 seconds minutes

F. Environmental

Significant habitats or species

No significant habitat occurs on the assessed parcel. No state or federal listed plant or animal species were located within the assessment area. Please refer to Environmental Assessment as Application Attachment L

Flood Zone* X500

Wellfield Zone* Not located within a Wellfield Protection Zone. Application Attachment M.

G. Historic Resources

Staffs review of the County's survey of historic/architecturally significant structures, and of properties designated for inclusion in the National Register of Historic Places (NRHP), has identified no historic or architecturally significant resources on or within 500 feet of the above referenced properties. Staff review of the County's map of known archaeological sites has identified no known archaeological resources located on or within 500 feet of the above referenced properties. Please refer to Historical and Archaeological Resource Review comment letter as Application Attachment N.


H. Parks and Recreation - Residential Only

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

Population Change

Change in Demand

Regional Morikami Park

4000 Morikami Park Road Delray Beach, Florida 33446

0.00339 + 72 0.24

Beach Gulfstream Park

4489 N. Ocean Boulevard Gulfstream, Florida 33483

0.00035 + 72 0.03

District Lake Ida West Park 1455 Lake Ida Road

Delray Beach, Florida 33444 0.00138 + 72 0.10

I. Libraries - Residential Only

Library Name Palm Beach County Hagen Ranch Road Branch

Address 14350 Hagen Ranch Road

City, State, Zip Delray Beach, FL 33446

Distance 3 Miles

Component Level of Service Population

Change Change in Demand

Collection 2 holdings per person + 72 + 144 Holdings

Periodicals 5 subscriptions per 1,000 persons + 72

+ 2.77 Subscriptions

Info Technology $1.00 per person + 72 + $72.00

Professional staff 1 FTE per 7,500 persons + 72 + 0.01 FTE

All other staff 3.35 FTE per professional librarian + 72 + 0.03 FTE

Library facilities 0.34 sf per person + 72 + 24.48 SF

J. Public Schools - Residential Only

Elementary Middle High

Name Banyan Creek Elementary School

Carver Community Middle School

Atlantic Community High School

Address 4243 Sabal Lake Road 101 Barwick Road 2455 W Atlantic Avenue

City, State, Zip Delray Beach, FL 33445 Delray Beach, FL 33445 Delray Beach, FL 33445

Distance Approximately 2 Miles Approximately 2 Miles Approximately 3 Miles


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


Exhibit 5 Traffic Division Letter

Department of Engineering and Public Works

P.O. Box 21229

West Palm Beach. FL 33416· 1229

(561 I 684-4000

FAX: (5611 684-4050

'"'''"'w. p bcgov .com

• Palm Beach County

Board of County

Conunissioners

Paulette Burdick. Mayor

Melissa McKinlay, Vice Mayor

Hal R. Valcdtc

Dave Kerner

Steven L. Abrams

M ar y Lou Berger

Mack Bernard

County Administrator

Verdenia C. Baker

"'t\n t:qua{ Opj>OI'flmity

Affirmarive lt.clion Emp!rJyfffH

@ pn·ntsd or: recycled paper

November 15, 2017

Dr. Juan Ortega, P.E. JFO Group Inc. 11924 Forest Hill Boulevard, Suite 10A-123 Wellington, FL 33414

RE: Tuscan Gardens of Delray Beach FLUA Amendment Policy 3.5-d Review Round 2018-C

Dear Dr. Ortega:

Palm Beach County Traffic Division has reviewed the Comprehensive Plan Amendment Traffic Impact Analysis for the proposed Future Land Use Amendment for the above referenced project, dated October 6, 2017, pursuant to Policy 3.5-d of the Land Use Element of the Palm Beach County Comprehensive Plan. The project is summarized as follows:

Location: North ot AtlantiC Avenue, west of Sims Road

PCN: 00-42-46-14-00-000-3100 (others on file) --

Acres: 7.57 acres - --· -· .. ____

l Current FLU Proposed FLU

FLU: High Residential, 8 dwelling Congregate Living Residential units per acre (HR-8) (CLR)

i Zoning: Planned Unit Development Planned Unit Development (PUD) \ (PUD)

--~-

Density/ 8 du/acre 12 du/acre Intensity :

Maximum Apartments Assisted Living Facility (ALF) I Potential : Total: 61 DUs Total: 217 Beds

Proposed N/A N/A I

Potential: l Net Daily 171 (maximum - current) !!~ps:

I Net PH 30 (20/10) AM, 48 (21/27) PM (maximum) Trips:

---' • Maximum indicates typical FAR and maximum trip generator. I specific uses and intensities/densities in the zoning application.

Proposed indicates the

Based on the review, the Traffic Division has determined that the traffic impacts of the proposed amendment meets Policy 3.5-d of the Future Land Use Element of the Palm Beach County Comprehensive Plan at the maximum potential density shown above.


Exhibit 6

Water & Wastewater Provider LOS Letter

Water Utilities Oepart.rnent Engineering

8Hl0 f'oresr Hill 6lvd

w osr Palm c.each. PISH 1}

(56J)49J·6000

Pax: (561) 49~-6085

www.pbcwarer.com

• Palm Be>eh counl)l

Board of County Commissioners

Pauletre Burdick. Mayor

Melis~a McKinlay. Vice Mayor

Hal R. Valeche

Dave l(erncr

Sleven L. Abrams

Mary lou Berger

MackBemard

COunty Administrator

verden:a C. Baker

'"An Equal Opportunity

1\/Jirmor(Vf. ktitm Employu•

@ ptinted o.1 tocyded paper

July 27, 2017

WGI 2035 Vista Parkway West Palm Beach, Fl. 33411

RE: Tuscan Gardens of Delray PCN's: 00-42-46-14-00-00-3100:-3080,-3082 and 3081 Service Availability Letter

Dear Ms. Montesino

This is to confirm that the referenced property Is located within Palm Beach County Utility Department (PBCWUD) utility service area. PBCWUD has the capacity to provide the level of service required for the existing FLU designation of High Residential, 8 units per acre (HR-8) and a Zoning District of Planned Unit Development (PUD) and the proposed FLU designation of Congregate Living Residential (CLR).

The nearest potable water is a 12" watermain located within Simms Road and an 8" watermain north of the subject property. A PBCWUD lift station Is located south of the subject property. Upgrades to the existing lift station may be required.

Please note that this letter does not constitute a final commitment for service until the final design has been approved by PBCWUD.

If you have any questions, please give me a call at (561)493-6116.

Sincerely,

~ Plan Review Manager


Exhibit 7

Disclosure of Ownership Interests

PALM BEACH COUNTY - ZONING DIVISION FOAM# _2.§_

DISCLOSURE OF OWNERSHIP INTERESTS - APPLICANT

{TO BE COMPLETED AND EXECUTED ONLY WHEN THE APPUCANT 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 undersianed authority, this day personally appeared Tuscan Gardens of Oetl'ay Bf:ad1 Manag•ment tompaoy, LlC '!0 behaK o!Tugan Gardens o(Qelray Bead! Prooertjes LLC , 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 (,.1) Authorized Signatory {position-e.g., president, partner, trustee} of !.-::.."::';:!=..'"::".:::::::-..:=:::·o':t [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: 189 s Orang

Suite 1650

Orlando FL 32801

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 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, WliOse 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 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 Rorida 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 - Appllcantlorm Page 1 of 4

Revised 08125/2011 Web Format2011


PALM BEACH COUNTY- ZONING DIVISION FORM# _QlL

f)U , Affiant

(Print Affiant Name)

The foregoing instrument was acknowledged before me thi~ day of _}j/u j), , 20jJ_, by Q<lfne.-t i.../. P/oc , [ t/who is personally known to me or [ ] who has produced ________________ _ as identification and who did take an oath.

CATHY R. SIMMONS Nolary Publ~-Stale of Florida

Commission# GG 082023 My Comm. Expir&s Jui S, 2021

Disclosure of Beneficial Interest- Applicant form Page 2 of 4

~D~ Notary Public

&~ R.:J';Jnn->ons (Pnnt otary Name)

NOTARY PUBLIC

State of Florida at Large

My Commission Expires: 7/5/2021

Revised 08/25/2011 Web Format 2011


PALM BEACH COUNTY- ZONING DIVISION FORM# _.Q§_

EXHIBIT "A"

PROPERTY

ALL OF THE PLAT OF TUSCAN GARDENS OF DELRAY BEACH, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 123, PAGES 162 AND 163 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA

CONTAINING 7.5691 ACRES, MORE OR LESS.

isclosure of Beneficial ln1erest - Applicant form age3of4



PALM BEACH COUNTY - ZONING DIVISION FORM# _QlL

EXHIBIT "B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

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

Name

See attached document

Disclosure of Beneficial Interest - Applicant form Page 4of 4

Address



PALM BEACH COUNTY- ZONING DIVISION FORM II~

DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY

[TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH APPLICATION 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 Providence !Investments, LLC. , hereinafier referred to as "Affiant," who being by me first duly sworn, under oath, deposes and states as follows:

1. Affiant is the [ ] individual or [v]Manager [position - e.g., president, partner, trustee] of Pop Delray Commons, LLC [name and type of entity - e.g., ABC Corpora/ion, 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 tor Comprehensive Plan amendment or Development Order approval with Palm Beach County.

2. Affiant's address is: .<i40180LJCI<lo.wlo.wnllilci:wai~C<!;:eUJnt~eruP::<la!!.l!rkilllw:ii:ay'L------------

sulte 120

Lake Mary, FL 32746

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. Artiant 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. Alflant 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. Atliant further states that Atliant is familiar with the nature of an oath and with the penalties provided by the laws of the Slate of Florida for falsely swearing to

statements under oath.

Disclosure of Beneficial interest - Ownership form Page 1 of4

Revised 08/2512011 Web Format 2011


"'""' • • n,..,....., , , ....,,... , , .. ,T"' '"7AIIoUl.l...,.. nnllt"tAl.l ri'\LM t;U;: I"\VM VVUf'l t T • LVI'Ifi'I'O LIIVf.;JoiVI'V

Cf\OI.A H l'lO 1'/lllriN~

7. Under penalty of perjury, Afliant declares that Alii ant has examined this Aiildavlt and to the best of Affiant's knowledge and belief it is true, correct, and complete.

o;: 2: SAVETH NA GH:

/vL!Lkx? II ( R () vee. Affiant

c-)

(Print Affiant Name)

The loregoin9 ins.trument was acknowQied£led before me this ~"~ay ol NO Jt?u.kV 20__Ll, by 'f-.-\:, C..""-~\.\ Q... _ \ e.(' C. -12.... , ( I who is personallY known to me or ( 1 who has produced -as idenlilication and who did take an oath.

Disclosure of Beneficiallnleresl · Ownership form Page2of4

Notary Public

'S ~(tOt() <;:: . -z_.f¥:> {Print Notary Name)

NOT ARV PUBLIC

State of Florida at Large

My Commission Expires:

Revised 08/25120 11 Web Formal 2011


PALM BEACH COUNTY - ZONING DIVISION FORM#__QQ_

EXHIBIT "A"

PROPERTY

ALL OFll-IE PLAT OF TUSCAN GARDENS OF DELRAY BEACH, ACCORDING TOll-IE PLAT ll-IEREOF, AS RECORDED IN PLAT BOOK 123, PAGES 162 AND 163 OF ll-IE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA

CONTAINING 7.5691 ACRES, MORE OR LESS.

Disclosure of Beneficial Interest· Ownership form Page 3 of 4

Revised OB/25/2011 Web Format 2011


PALM BEACH COUNTY· ZONING DIVISION FORM II_Qi_

EXHIBIT "B"

DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY

Affiant must identify all entities and individuals owning five percent or more ownership interest in the Property. Altiant 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

Pmyjdenc.e I Investment t I C

Michelle Pierce Principal

Tom Green, Principal

Morgan Bates Providence, LLC

John Moe an

Scott Bates

Disclosure of Beneficial Interest • Ownership form Page 4 of 4

400 Colonial Center Pky Suite 120 I ake Macy El 32746

20 N. Orange Ave, Orlando. FL 32801

Revised 0812512011 Web Format 2011


Exhibit 8

Correspondence

tuscangardens flu amendment - palm beach county...

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