FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 15-1 BCC ADOPTION PUBLIC HEARING, APRIL 23, 2015

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1 FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT AMENDMENT ROUND 15-1 BCC ADOPTION PUBLIC HEARING, APRIL 23, 2015 I. General Data Project Name: Harbor Chase of Wellington Crossing (LGA ) Request: Acres: Location: Project Manager: Applicant: Agent: Staff Recommendation: II. Site Data Current FLU: Existing Land Use: Current Zoning: Current Dev. Potential Max: LR-2 to INST/5 (with conditions) acres Northwest corner of Lake Worth Road and Blanchette Trail Sussan Gash, Planner II Silverstone Healthcare Company, LLC Urban Design Kilday Studios Staff recommends approval with conditions based upon the findings and conclusions contained within this report. Current Future Land Use Low Residential, 2 units per acre (LR-2) Vacant Residential Transitional (RT) Residential, up to 36 dwelling units or (with PDD) 87 CLF beds Proposed Future Land Use Change Proposed FLU: Institutional and Public Facilities with underlying Medium Residential, 5 units per acre (INST/5), with conditions Proposed Zoning: Dev. Potential Max/Conditioned: Tier/Tier Change: Utility Service: Overlay/Study: Planned Unit Development (PUD) Residential, up to 91 dwelling units or 217 CLF beds General Area Information for Site Urban/Suburban Tier No Change Palm Beach County Water Utilities Department West Lake Worth Road Neighborhood Plan Comm. District: Commissioner McKinlay, District FLUA Amendment Staff Report 1 Harbor Chase of Wellington Crossing (LGA ) Page 63

2 III. Hearing History Local Planning Agency: Approval with conditions, motion by Roberta Levitt-Moccia, seconded by Lori Vinikoor, passed in a 14-0 vote at the November 14th public hearing. There was minimal discussion and no public comment. Board of County Commissioners Transmittal Public Hearing: Transmit with conditions, motion by Commissioner Taylor, seconded by Vice Mayor Berger, passed in a 7-0 vote at the January 22, 2015 hearing. There was a brief discussion regarding congregate living facility unit calculations and the type of care that would be provided at this facility. No members of the public spoke. State Review Comments: The State Land Planning Agency issued a letter dated March 4, 2015 stating the Agency identified no comment related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted by the amendment if adopted. Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\15-1\Reports-Agendas\4-BCCAdopt\1-ZoningAgenda-15-1-FLUA-HarborChase-Rpt-Legal.docx 15-1 FLUA Amendment Staff Report 2 HarborChase of Wellington Crossing (LGA ) Page 64

3 15-1 FLUA Amendment Staff Report 3 HarborChase of Wellington Crossing (LGA ) Page 65

4 IV. Background/History The subject acre site is located at the Northwest corner of Blanchette Trail and Lake Worth Road west of the Florida Turnpike. The site is currently vacant and has a Future Land Use Designation of Low Residential 2 units per acre (LR-2). and has not been the subject of any previous land use amendments. On November 17, 2005, the site received a Zoning approval for a Place of Worship via Resolution R The site is located within the West Lake Worth Road Neighborhood Plan which identifies Institutional uses for this site. V. Intent of the Amendment The intent of the amendment is to change the Future Land Use designation on the subject site from Low Residential 2 units per acre (LR-2) to Institutional and Public Facilities with an underlying Medium Residential, 5 units per acre (INST/5). In addition, the applicant has submitted a concurrent Zoning application PDD/R/ABN requesting to amend the zoning designation from Residential Transitional (RT) to Planned Unit Development (PUD) in order to allow a Congregate Living Facility (CLF). The applicant has proposed two conditions of approval, one to limit the increase in density to a CLF, and the second to limit trips (based upon the maximum traffic generation consistent with Future Land Use Element Policy 3.5-d (see Exhibit 1). 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, 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 (51), F.S.; (See Consistency with Florida Statutes) 6. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and (see Neighborhood Plans and Overlays Section) 7. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1. (see Public and Municipal Review Section) The applicant has prepared a Justification Statement (Exhibit 2) which states that the proposed request is justified due to changed circumstances that have occurred since the adoption of the County s Comprehensive Plan, specifically that the INST designation is more appropriate for the subject site due to: the proposed land use will support the growing demand for Type III Congregate Living Facilities (CLF) for an aging population; the Neighborhood Plan supports and has previously designated the location for institutional uses; and the applicant is voluntarily committing to conditions that will limit the site to a Congregate Living Facility with a maximum square footage. 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 the justification, the Lake Worth Road Corridor Neighborhood Plan identifies this location for Institutional uses and acknowledges the necessity for residential land use designation for congregate living facilities, as long as there are 15-1 FLUA Amendment Staff Report 4 HarborChase of Wellington Crossing (LGA ) Page 66

5 conditions limiting the use of the residential land use. In addition, at the inception of the 1989 Comprehensive Plan, only existing institutional uses were assigned an Institutional and Public Facilities (INST) future land use designation. Also, no criteria was established in the Plan to determine the appropriate location for future INST FLU designations, and are considered on a case-by-case basis. The proposed FLUA designation is justified, suitable and appropriate for the subject site and there is a basis for the proposed FLU change. 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. 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. 3. Infill, Redevelopment and Revitalization. Address the needs of developed urban areas that lack basic services, and encourage revitalization, redevelopment, and infill development in urban areas to increase efficient use of land and existing public facilities and services. Staff Analysis: The proposed amendment would expand institutional land use designations along the West Lake Worth Road corridor and provide alternative living accommodations by utilizing an undeveloped infill parcel within an area that is mostly developed. The Introduction and Administration Element defines Infill as, "Development of vacant or abandoned parcels in otherwise built-up areas within the unincorporated area of the Urban/Suburban Tier..." Therefore, the proposed amendment would utilize an undeveloped parcel within the Urban Suburban Tier and contribute to livable communities and help balance land uses that is within the character of the community, and furthers these Directives. 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 site is surrounded by built developments or parcels with Zoning approvals. There is a concurrent Zoning application for the entire subject site. The proposed infill amendment does not encourage piecemeal development, nor does it create residual parcels. 4. Policy 2.4-b.3.: The Transfer of Development Rights (TDR) Program is the required method for increasing density within the County, unless: 3.an applicant proposes a density increase up to, but not exceeding, the density proposed by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. To date, the following Neighborhood Plan qualifies for this provision: a. West Lake Worth Road Neighborhood Plan. Staff Analysis: Historically, the County has not applied this policy to amendments where the requested residential density was conditioned to only be applicable for a CLF. Additionally, the subject site is within the West Lake Worth Road Neighborhood Plan and is identified as Institutional on the neighborhood plan's Corridor Master Plan. The Neighborhood Plan acknowledges the following regarding Institutional uses at this location: "This Plan recommends that any density increases on these sites be limited to density associated with Institutional uses." While Congregate Living Facilities (CLF) are an Institutional use that are allowed in all Land Use designations, they require an underlying Residential 15-1 FLUA Amendment Staff Report 5 HarborChase of Wellington Crossing (LGA ) Page 67

6 Land Use to account for the residential density. The Unified Land Development Code (ULDC) calculates the number of residential beds in Article 4 Table 4.B.1.A. Maximum Permissible Occupancy in Type 3 CLF. With the MR-5 designation as a Planned Development District (PDD), the acres site could achieve 218 residents (11.95 x = ). The applicant is proposing to increase the underlying residential entitlement density from Low Residential 2 units per acre (LR-2) to Institutional with an underlying Medium Residential 5 units per acre (INST/MR-5), with conditions to limit the use of the increase in the underlying density to the CLF use. Therefore, with conditions, the request is consistent with this policy. 5. Underlying Density - Policy 2.1-e: The Future Land Use Atlas may depict underlying residential densities or alternative designations as provided below. The County may initiate a land use amendment to remove the non-utilized future land use designation after the property is developed. 3. The Future Land Use Atlas may depict underlying/alternative residential future land uses for properties designated as Institutional and Public Facilities. If an underlying/alternative designation is not depicted on the Atlas, the Planning Director may assign an underlying density based on the densities of adjacent residential parcels without a land use amendment. Underlying densities that are higher than adjacent residential parcels shall only be assigned through the TDR Program, the Workforce Housing Program, the Affordable Housing Program, or a site-specific amendment to the Future Land Use Atlas or rezoning that is conditioned in the adopting ordinance or resolution to limit the additional density to an institutional use. (text regarding other FLU's omitted for brevity) Staff Analysis: The applicant is requesting a land use amendment from LR-2 to INST with an underlying 5 units per acre with conditions limiting the use of the increase in underlying density to the proposed CLF, which is an institutional use. Therefore, the request is consistent with this policy. 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: During the creation of the 1989 Comprehensive Plan, only existing institutional uses were assigned an Institutional and Public Facilities (INST) future land use designation and no criteria was established in the Plan to determine the appropriate location for future INST FLU designations and are considered and assigned on a case-by-case basis. As such, the request will provide alternative living accommodations to address the growth of an aging population. 2. Housing Element Objective 1.4, Provision of Special Needs Housing. The County shall provide for the creation and preservation of housing and programs to adequately address the needs of all households with special needs populations, including rural and farmworker populations, and shall ensure the provision of foster care, group homes and other special needs facilities in a range of land use categories. The efforts indicated in the following policies shall be directed toward the meeting the needs identified by the Palm Beach County Five-Year Consolidated Plan, , the Ten Year Plan to End Homelessness in Palm Beach County, and the farmworker housing deficit needs identified by the Shimberg Center for Housing Studies in Policy 1.4-a. HE Policy 1.4-c: The County shall provide for foster care, group homes and other special needs facilities to be permitted in residential neighborhoods. Farmworker 15-1 FLUA Amendment Staff Report 6 HarborChase of Wellington Crossing (LGA ) Page 68

7 housing is currently permitted in the Agriculture Reserve (AGR), Agriculture Production (AP) and Special Agriculture (SA) land use categories; and HE Policy 1.4-d: The location of special needs and farmworker housing shall be guided by the following principals and criteria. Special needs housing shall be located in proximity to the appropriate support infrastructure, services and facilities including Palm Tran and existing transportation disadvantaged programs. Special needs housing shall be permitted in all appropriate residential, commercial and institutional land use categories, through the use of group homes, Congregate Living Facilities (CLF s), accessory apartments and rental housing associated with places of worship. Farmworker housing shall be located in proximity to areas of agriculture employment and shall require a minimum of twenty-five (25) acres. The Department of Economic Sustainability, with the assistance of the Planning, Zoning, and Building Department and the Community Services Department, shall be responsible for establishing any additional principles and criteria as may be necessary. C. Compatibility Staff Analysis: The proposed amendment meets the intent of this policy, as Congregate Living Facilities are allowed in the requested FLU designation. Furthermore, the proposed CLF would be located near a major intersection and the Florida Turnpike. Therefore, the proposed amendment is consistent with these Polices. 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. Surrounding Land Uses: Immediately abutting the site are the following: North: North of the subject site is the 373 dwelling unit Cypress Woods PUD (Control No ) with the LR-3 Land Use Designation. East: To the east of the subject site, across Blanchette Trail, are several properties; four single family home properties with direct accessed onto Blanchette Trail, and farther east is a 4.42 acre site with the Christian Missionary Alliance Church. West: To the west of the subject site is a contiguous acre vacant and undeveloped site that was the subject of a Large Scale Land Use Amendment known as LGA Lake Worth/Lyons NE Commercial, that was adopted via Ordinance with one condition of approval that states, "The northern and eastern 100 feet of the subject site that is contiguous to Cypress Woods shall be restricted to Commercial with Cross-hatching and shall be limited to water retention, landscaping and /or preserve." No site plans have been submitted to or approved through the Zoning process. The site contains the Commercial Low with an underlying Low Residential 2 units per acre (CL/2) land use designation. The west also contains the Commercial Low with and underlying Low Residential 2 units per acre (CL/2) land use designation and has an approved site plan for 84,000 square feet of commercial via Resolution R South: To the south across Lake Worth Road are the Cedar Creek PUD and two vacant and undeveloped commercial parcels. The two commercial parcels contain the Commercial Low with an underlying Low Residential 2 units per acre (CL/2) land use designations and have been the subject of previous Large Scale Land Use amendments known as LGA Lake Worth Road Commercial that was adopted with conditions via Ordinance , and LGA the Lake Worth / Turnpike SW Commercial that was adopted via Ordinance and contained no conditions. 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. Staff Analysis: Regarding compatibility, the request is for the Institutional with underlying residential land use designation for the purposes of constructing a CLF which is an alternative form of living accommodations. The surrounding land uses are residential and commercial with underlying residential land use designations. The proposed CLF would be compatible with both of the residential and non-residential uses since the proposed request utilizes both aspects of the surrounding land use 15-1 FLUA Amendment Staff Report 7 HarborChase of Wellington Crossing (LGA ) Page 69

8 designations. The use caters to older residents, that require more care than can be achieved at an in-home setting, and affords them the ability to utilize the adjacent and nearby commercial and recreational opportunities as well as the ability to be located near family members who may live in the surrounding communities. Therefore, the proposed designation is compatible with existing and planned developments in the surrounding area. D. 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 request is within the West Lake Worth Road Neighborhood Plan Conceptual Master Plan, which acknowledges the following regarding Institutional uses at this location: "This Plan recommends that any density increases on these sites be limited to density associated with institutional uses." While Congregate Living Facilities (CLF) are an Institutional use, they require an underlying residential intensity to account for the residential beds. The applicant is proposing to increase the underlying residential entitlement density from Low Residential 2 units per acre (LR-2) to Institutional with an underlying Medium Residential 5 units per acre (INST/MR-5) for the purpose of constructing a 156 bed CLF with conditions to limit the use of the underlying density to the CLF use. Therefore, with conditions, the request is consistent with this policy. The Neighborhood Plan also outlines design criteria such as buffer requirements and pedestrian connectivity. There is a concurrent Zoning request known as HarborChase of Wellington CLF, Application No The design requirements will be addressed through the Zoning request. The applicant met with the neighborhood group on June 18, 2014, and October 28, The Lake Worth Coalition, Inc. provided a letter of support, dated October 31, E. Public Facilities and Services Impacts The proposed amendment will change the Future Land Use designation from LR-2 to INST/5. The Traffic Division has reviewed the request "based on the proposed maximum development of 240,000 square feet of hospital or equivalent number of generated trips". Public facilities impacts are detailed in the table in Exhibit 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. Staff sent a request for departmental review of the proposed amendment to various County departments and external agencies for review of public facility impacts. No adverse comments were received from the following departments and agencies regarding impacts on public facilities: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District FLUA Amendment Staff Report 8 HarborChase of Wellington Crossing (LGA ) Page 70

9 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 as a proposed change from 51 single family homes to 240,000 square feet of hospital use. According to the County s Traffic Engineering Department (see letter dated August 5, 2014 in Exhibit 6) the amendment would result in 178 (122/56) AM and 159 (50/109) PM net peak hour trips based on maximum potential. The Traffic letter concludes 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 based on the proposed maximum development of 240,000 square feet of hospital or equivalent number of generated trips. The Traffic Study (see Exhibit 6) was prepared by Simmons and White, Inc. of 5601 Corporate Way, Suite 200, West Palm Beach, FL Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: F. Florida Statutes 1. Data and Analysis Applicable to Florida Statues: Section (6)(a), Florida Statues, require that local governments future land use plans be based on a number of factors. The applicant provided a justification statement that the basis for the proposed change in FLU is due to INST/5 being a more appropriate and suitable land use designation for the subject site as well as the changes that have occurred in the area since the adoption of the 1989 Comprehensive Plan. Therefore, the site meets all applicable Florida Statutes. 2. Data and Analysis Applicable to Florida Statues - Consistency with Urban Sprawl: 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. 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 October 9, In addition, a notice was sent on October 9, 2014, to the City of Greenacres. 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 October 9, In addition, on October 9, 2014, several interested parties were notified by mail which includes the following groups and residential communities/developments in the area: Lake Worth Road Coalition, Lakes of Sherbrooke, Summer Chase, Cypress Woods, Cypress Trails, Cypress Lake Estates, Silver Glen at Citrus Isles (Bent Creek), Woods Walk, Legend Lake Estates, Florida Gardens, and Cedar Creek. To date, no letters in response have been received. 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 October 21, At the meeting, which was attended by the 15-1 FLUA Amendment Staff Report 9 HarborChase of Wellington Crossing (LGA ) Page 71

10 agent and a representative of the Lake Worth Road Coalition attended the meeting with minimal discussion regarding traffic at Lake Worth Road VIII. Conclusions and Recommendation The proposed amendment is requesting a change in Future Land Use designation from Low Residential 2 units per acre (LR-2) to Institutional with an underlying 5 units per acre (INST/5) in order to construct a 156 bed Congregate Living Facility. The amendment includes two voluntary conditions of approval, one to limit the increase in density to a CLF, and the second to limit trips (based upon the maximum traffic generation) consistent with Future Land Use Element Policy 3.5-d. The proposed condition restricts the use of the increase in the underlying density solely for the purposes of the CLF. As demonstrated in this report, there are no compatibility concerns, the proposed amendment meets all policy requirements and relevant level of service standards, and does not contribute to urban sprawl. As such, staff recommends approval of the applicant s request subject to the conditions provided in Exhibit 1. Page Exhibits 1. Future Land Use Map & Legal Description E-1 2. Applicant s Justification Statement E-3 3. Applicant s Consistency with the Comprehensive Plan and Florida Statutes E Applicant s Public Facility Impacts Table E Applicant s Traffic Study (available to the LPA/BCC upon request) E Palm Beach County Traffic Division Letter E Water & Wastewater Provider LOS Letter E School District Concurrency LOS Letter E Applicant s Disclosure of Ownership Interests E Correspondence E FLUA Amendment Staff Report 10 HarborChase of Wellington Crossing (LGA ) Page 72

11 Exhibit 1 Amendment No: HarborChase of Wellington Crossing (LGA ) FLUA Page No: 76 Amendment: Location: Size: From Low Residential, 2 units per acre (LR-2), to Institutional and Public Facilities with an underlying 5 units per acre (INST/5) Northwest corner of Lake Worth Road and Blanchette Trail acres Property No: ; Conditions: 1. The density associated with the Medium Residential, 5 units per acre (MR-5), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF). If developed residentially, other than as a CLF, the density shall be limited to that associated with the Low Residential, 2 units per acre (LR-2). 2. Development of the site is limited to a maximum of 240,000 square feet of hospital or equivalent number of generated trips FLUA Amendment Staff Report E - 1 HarborChase of Wellington Crossing (LGA ) Page 73

12 Legal Description PROPERTY CONTROL NUMBERS /0601/0602 LEGAL DESCRIPTION LOTS 59 AND 60, BLOCK 24, THE PALM BEACH FARMS CO. PLAT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE(S) 45 THROUGH 54, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS ROAD RIGHT OF WAYS. CONTAINING: ACRES, MORE OR LESS FLUA Amendment Staff Report E - 2 HarborChase of Wellington Crossing (LGA ) Page 74

13 Exhibit 2 Applicant s Justification Statement REQUEST On behalf of the applicant, Silverstone Healthcare Company, LLC, and the property owner, Bethel Assembly of Lake Worth, FL, Inc., Urban Design Kilday Studios has prepared and hereby respectfully submits this application for a Large Scale Future Land Use Atlas (FLUA) Amendment for an acre property (hereinafter referred to as the subject property) on the northwest corner of the intersection of Lake Worth Road and Blanchette Trail. The subject property currently has a Future Land Use Atlas (FLUA) designation of Low Residential, Up to two (2) dwelling units (du) per acre (LR-2). The applicant s intent is the construction and operation of a Congregate Living Facility (CLF), Type 3 as defined and regulated by the Palm Beach County (PBC) Unified Land Development Code (ULDC) with 156 residents. For a frame of reference below are the allowable occupancy (residents per acre) on the subject property in the three FLUA designations that are compatible with the surrounding area per PBC ULDC Table 4.B.1.A, Maximum Permissible Occupancy in Type 3 Congregate Living Facilities: FLUA Designation Residents per Acre Acreage Total Residents (with Planned Unit Development [PUD]) Zoning LR LR MR In order to achieve the intended number of residents/beds (156), the applicant is requesting approval of the following: 1. To amend the FLUA designation of the subject property from LR-2 to Institutional with an underlying Medium Residential, Up to 5 du per acre (INST/5). In order to limit the proposed density increase to the intended CLF, Type 3 use, maintain consistency with the West Lake Worth Road (WLWRD) Neighborhood Plan and to ensure compliance with Policy 3.5-d the applicant is voluntarily proposing the following conditions of approval: 1. The density associated with the Medium Residential, 5 units per acre (MR-5), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF). If developed residentially, other than as a CLF, the density shall be limited to that associated with the Low Residential, 2 units per acre (LR-2); 2. Development of the site is limited to a maximum of 240,000 square feet of hospital or equivalent number of generated trips. PROJECT HISTORY There is one structure on the property that appears to have been intended to support outdoor cookouts, etc. Other than that, the subject property is vacant of man-made improvements. There does not appear to have been any previous FLUA Amendments on the subject property, nor has the property been re-platted. There were previous public hearing zoning approvals granted by the PBC Board of County Commissioners (BCC) on November 17, Per Resolution R (found in Attachment F) the subject property was rezoned from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District. In addition, per Resolution No. R (also found in Attachment F), a Class A Conditional Use approval was granted to allow a Church or Place of Worship on the subject property. These public hearing approvals were followed up by Final Site Plan approval by the PBC Development Review Committee (DRC) (now known as the Development Review Officer [DRO]) for a 55,900 square foot, 1,200- seat Place of Worship on December 13, The commencement of development deadline for the Class A Conditional Use approval was extended from November 17, 2008 to November 17, 2010 through a letter issued by John A. Pancoast, Senior Planner, PBC Monitoring Section, on March 4, Next, the 15-1 FLUA Amendment Staff Report E - 3 HarborChase of Wellington Crossing (LGA ) Page 75

14 commencement of development deadline was again extended from November 17, 2010 to November 17, 2012 through the provisions of Senate Bill 1752 in a letter issued by John A. Pancoast, Senior Planner, PBC Monitoring Section, on September 7, Lastly, the commencement of development deadline was again extended from November 17, 2012 to November 17, 2014 through the provisions of House Bill 503 in a letter issued by Etim S. Udoh, Senior Planner, PBC Monitoring Section, on November 8, This last extension letter also extended the buildout date from December 31, 2012 to December 30, Below is a tabulated breakdown of the prior zoning approvals associated with the subject property. Control No. Description Action Date Rezoning from AR to RT Approved November 17, 2005 Resolution/ Ordinance No. R Class A Conditional Use to allow a Church or Place of Worship Approved November 17, 2005 R Final Site Plan Approval for a 55,900 square foot, 1,200-seat Place of Worship Approved December 13, 2006 N/A SURROUNDING USES Below is a description of the uses on the adjacent properties (or those on the other side of abutting R-O-W s) to the north, south, east and west of the overall property. North: To the north of the subject property is one (1) property (details below): o PCN : Directly to the north of the subject property is a portion of the 25 wide PUD perimeter buffer of the Cypress Woods development that is currently owned by Cypress Woods Association, Inc. This property has a FLUA designation of Low Residential, Up to three (3) du per acre (LR-3) and is within the PUD Zoning District. This property is a part of a 373-unit residential PUD (Control No ) known as the Cypress Woods PUD that straddles Blanchette Trail. The eastern portion of Cypress Woods PUD was constructed at 2.6 du per acre. South: To the south of the subject property, across Lake Worth Road (a right-of-way classified as an Urban Principal Arterial with an ultimate width of 120 ), is one (1) property (details below): o PCN : This approximately acre property is currently owned by Lake Worth Road Investors, has a FLUA designation of Commercial High, with an underlying LR-2 (CH/2) and is within the AR Zoning District. This property appears to be vacant and, per the Property Appraiser of Palm Beach County s web site, is currently taxed as an agricultural classification with equestrian uses. There are no prior zoning approvals on this property. East: To the east of the subject property, across Blanchette Trail (a right-of-way with an ultimate width of 80 ) are four (4) properties (details below): o PCN : This is an approximately 0.29-acre property owned by Jose M. & Stephanie Marrero, has a FLUA designation of LR-2 and is within the AR Zoning District. This property appears to support a single family residence and, per the Property Appraiser of Palm Beach County s web site, this property is taxed as a single family residential use. There are no prior zoning approvals on this property; o o PCN : This is an approximately 0.51-acre property owned by Eric Aanonsen, has a FLUA designation of LR-2 and is within the AR Zoning District. This property appears to support a single family residence and, per the Property Appraiser of Palm Beach County s web site, this property is taxed as a single family residential use. There are no prior zoning approvals on this property; PCN : This is an approximately 0.51-acre property owned by Sandra J. Aanonsen & Miriam L. Connors, has a FLUA designation of LR-2 and is within the AR Zoning District. This property appears to support a single family residence and, per the Property Appraiser of Palm Beach County s web site, this property is taxed as a single family residential use. There are no prior zoning approvals on this property; and 15-1 FLUA Amendment Staff Report E - 4 HarborChase of Wellington Crossing (LGA ) Page 76

15 o PCN : This is an approximately 1.6-acre property owned by William M. & Sonja D. Martin, has a FLUA designation of LR-2 and is within the AR Zoning District. This property appears to support a single family residence and, per the Property Appraiser of Palm Beach County s web site, this property is taxed as a single family residential use. There are no prior zoning approvals on this property. West: To the west of the subject property is one (1) property (details below): o PCN : This approximately acre property is currently owned by Gerald M. Barbarito, Bishop of the Diocese of Palm Beach, has a FLUA designation of Commercial Low, with an underlying LR-2 (CL/2) and is within the AR Zoning District. This property appears to be vacant, heavily wooded and, per the Property Appraiser of Palm Beach County s web site, is currently taxed as vacant commercial. There are no prior zoning approvals on this property. CONSISTENCY & COMPATIBILITY 1. Justification: The applicant is requesting to amend the FLUA designation of the of the subject property from LR-2 to INST/5.and to voluntarily impose conditions of approval that ensure that the density increase requested will only apply to the intended use (CLF, Type 3) and to ensure compliance with Policy 3.5-d of the Future Land Use Element (FLUE) of the PBC Comprehensive Plan (Plan). Per Policy 2.1-f of the FLUE of the PBC Plan an applicant must provide adequate justification for the proposed future land use. As stated previously, the intent of amending the FLUA is so that the applicant can construct and operate a CLF, Type 3. The demand for assisted living facilities throughout the United States is going to continue to increase for a variety of reasons. First and foremost, the so called baby boom generation (those born between 1946 and 1964) are aging and, according to the American Association of Retired Persons (AARP), will be turning 65 at a rate of 8,000 people a day 1 between 2011 and Unfortunately, as these 52+ million people reach the age of needing care, alternatives to family caregivers will be necessary. According to an AARP report 2 issued in August 2013 the ratio of potential family caregivers to every person in the high-risk years of 80- plus will decline as follows: 2010: 7 to : 4 to : 3 to 1 The ratio decline is significant as the period between 2030 and 2050 is when the majority of the baby boom generation will be in the high-risk years of 80-plus. As such, there will be a significant increase in demand for assisted living facilities as the ratio of potential family caregiver s decreases. The requested FLUA amendment to allow a density increase to support a CLF, Type 3 will provide a facility in unincorporated PBC that will contribute towards meeting the demand for years to come. The proposed request is consistent with the WLWRD Neighborhood Plan that was formally received by the PBC BCC on November 19, 2009 through Resolution No. R Per the Master Plan that was included in the WLWRD Neighborhood Plan (can be found in Attachment F) the intended use for the subject property was Institutional. Although the subject property was originally intended to support a Church or Place of Worship, Policy d of the PBC Plan lists the CLF use as an intended use for the INST FLUA designation. Furthermore, sub-section 1 of the Identified Issues and Analysis section of the WLWRD Neighborhood Plan states that the Neighborhood Plan recommends, for sites designated for Institutional, that any density increases on these sites be limited to density associated with institutional uses. Based on the applicant s voluntarily imposed conditions of approval, the requested density increase is to support a CLF, Type 3 which is consistent with this provision of the Neighborhood Plan. Lastly, in response to an identified goal to provide a balanced and compatible mix of residential uses in sub-section 3 of the Consistency with the County s Comprehensive Plan section of the WLWRD Neighborhood Plan, it is stated that A significant portion of acreage identified for Institutional uses, which may include congregate living facilities for the elderly. As detailed above allowing a INST/5 FLUA designation on the subject property with the voluntary conditions is justified because (1) the proposed density increase will be limited to a CLF, Type 3, (2) there has been a change in circumstances (growing demand for 15-1 FLUA Amendment Staff Report E - 5 HarborChase of Wellington Crossing (LGA ) Page 77

16 assisted living facilities) that affects the subject property and (3) the request is consistent with the WLWRD Neighborhood Plan. 2. Residential Density Increases: Per Policy 2.4-b of the FLUE of the PBC Plan an applicant must respond to one of the three criteria in this policy. Criteria 3 states that an applicant can request a density increase up to, but not exceeding, the density proposed by and supported by a Neighborhood Plan prepared in accordance with FLUE Objective 4.1 and formally received by the BCC. The only formally accepted neighborhood plan that qualifies for this provision is the WLWRD Neighborhood Plan and, as stated previously, the proposed underlying density for the CLF, Type 3 is consistent with the Neighborhood Plan, via the proposed condition limiting the density increase to the CLF, Type 3 use. 3. Comprehensive Plan, Florida Statutes and Compatibility: Objective 1.2: The Urban/Suburban Tier is intended to accommodate the bulk of the County s population along with the services and facilities consistent with the needs of urban and suburban development. o Applicant s Description: The addition of a CLF, Type 3 on the subject property that will be developed in a suburban fashion will provide an additional option to accommodate the aging population of PBC within the Urban/Suburban Tier. Objective 2.1: This objective states that PBC shall designate on the FLUA sufficient land area in each land use designation to manage and direct future development to appropriate locations to achieve balanced growth. o Applicant s Description: Allowing the requested FLUA designation (with voluntary conditions) to allow a CLF, Type 3 for 156 residents will accommodate the expected growth in the aging population of PBC that will be in need for assisted living facilities as they age. 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. o Applicant s Description: As shown in Attachments H through O the subject property is adjacent to and able to connect to all of the necessary urban services including, but not limited to, the roadway network, water/wastewater and drainage facilities, mass transit opportunities, etc. Policy 2.1-b: The County shall utilize a range of residential future land use categories to plan for growth. o Applicant s Description: Allowing the requested FLUA designation of INST/5 will provide a range of residential future land use categories in the surrounding area, from LR-2 to MR-5. Policy 2.1-e.3: The FLUA may depict underlying/alternative residential future land uses for properties designated as Institutional and Public Facilities. o Applicant s Description: The applicant is requesting the underlying/alternative residential density of MR-5 solely for an institutional use, a congregate living facility. This density is being requested through a site-specific amendment to the FLUA and the applicant is willing to agree to a voluntary condition that is restricted to the institutional use. As such, allowing the requested FLUA designation of INST/5 will provide an underlying/alternative residential future land use on the subject property in accordance with this policy. FLUE Policy 2.1-f: The following will detail how the impact of the proposed FLUA on the items listed: o The natural environment, including topography, soils and other natural resources; Applicant s Description: Please see Attachment L for the Natural Feature Inventory & Map. o The availability of facilities and services; Applicant s Description: Below is more detailed information on each of those facilities and services: a. Traffic: Please see Attachment H for the Comprehensive Plan Amendment Transportation Analysis prepared by Simmons & White. b. Mass Transit: The nearest Palm Tran bus route is Route 15-1 FLUA Amendment Staff Report E - 6 HarborChase of Wellington Crossing (LGA ) Page 78

17 62 that stops at the southeast corner of the subject property on the north side of Lake Worth Road approximately 75 feet west of the intersection of Lake Worth Road and Blanchette Trail. The closest Tri-Rail connection is the Lake Worth Tri-Rail Station. c. Potable Water and Wastewater: Please see Attachment I for the Level of Service letter from the PBC Water Utilities Department dated July 15, 2014 and the Level of Service Statement for Potable Water and Wastewater prepared by Simmons & White dated July 25, d. Drainage: Please see Attachment J for Drainage Statement prepared by Simmons & White dated July 25, e. Fire Rescue: Please see Attachment K for the Fire Rescue letter dated June 30, 2014 which confirms that the nearest PBC Fire Rescue station is Station #32 located at 4022 Charleston Street and is approximately 2 miles from the subject property. o The adjacent and surrounding development; Applicant s Description: Please refer to the surrounding uses section above. o The future land use balance; Applicant s Description: As stated previously, the proposed FLUA Amendment to INST/5 to allow a CLF, Type 3 on the subject property will be in conformance with all of the provisions of FLUE Policy 2.1-f. As such, it is the agent s contention that amending the FLUA designation on the subject property will continue to provide a balanced future land use in the area. o Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and Applicant s Description: The proposed request is consistent with the West Lake Worth Road (WLWRD) Neighborhood Plan that was formally received by the PBC BCC on November 19, 2009 through Resolution No. R Although the subject property was originally intended to support a Church or Place of Worship, Policy d of the PBC Plan lists the CLF use as an intended use for the INST FLUA designation. Furthermore, subsection 1 of the Identified Issues and Analysis section of the WLWRD Neighborhood Plan states that the Neighborhood Plan recommends, for sites designated for Institutional, that any density increases on these sites be limited to density associated with institutional uses. Based on the applicants voluntarily imposed conditions of approval, the requested density increase is to support a CLF, Type 3 which is consistent with this provision of the Neighborhood Plan. Lastly, in response to an identified goal to provide a balanced and compatible mix of residential uses in sub-section 3 of the Consistency with the County s Comprehensive Plan section of the WLWRD Neighborhood Plan, it is stated that A significant portion of acreage identified for Institutional uses, which may include congregate living facilities for the elderly. Please know that the applicant met with the Lake Worth Road Coalition, Inc. (group in charge of the WLWRD Neighborhood Plan) on June 18, 2014 and will continue to meet with the group as the Official Zoning Map Amendment (rezoning) application proceeds through the public hearing process and the site plan becomes more refined. Policy 2.1-h: The County shall not approve site specific FLUA amendments that encourage piecemeal development. o Applicant s Description: The applicant is intending to purchase only that property that is included with this FLUA Amendment request and, as such, will not create a residual parcel. Policy d: The County shall maintain the ULDC to provide for zoning districts to accommodate health and human services needs including, but not limited to, CLF s and other residential care. o Applicant s Description: Allowing the requested FLUA designation of 15-1 FLUA Amendment Staff Report E - 7 HarborChase of Wellington Crossing (LGA ) Page 79