2015-02 Comp Plan Text Amendment for Mixed-Use Assisted Living FacilitiesORDINANCE NO. 2015-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, ADOPTING A TEXT
AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE
VILLAGE COMPREHENSIVE PLAN TO PROVIDE FOR MIXED -USE
ASSISTED LIVING FACILITIES WITHIN COMMERCIAL PLANNED
UNIT DEVELOPMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village wishes to provide for Assisted Living Facilities as permitted
mixed -use developments on properties with a commercial land use designation; and
WHEREAS, the Village has initiated a Comprehensive Plan Text Amendment
( "Amendment 14 -1 ") to amend the Future Land Use Element to adopt a new Policy 1.B.3
to facilitate the approval of Assisted Living Facilities as mixed use developments through
the commercial planned unit development process subject to certain use, intensity and
density standards; and
WHEREAS, on December 2, 2014, during the course of an advertised public hearing, the
Village Planning Commission, sitting as the Local Planning Agency, determined that the
proposed amendment is consistent with the adopted Village Comprehensive Plan and
recommended approval of Amendment 14 -1; and
WHEREAS, the Village Council determines that Amendment 14 -1 is consistent with
Chapter 163, Florida Statutes; and
WHEREAS, the Village Council, having conducted two duly advertised public hearings
and given this matter due consideration, determines that the adoption of Amendment 14 -1
to the Village Comprehensive Plan is in the best interest of the residents and citizens of
the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH
PALM BEACH, FLORIDA as follows:
Section 1. The foregoing whereas clauses are hereby ratified as true and correct and
are incorporated herein.
Section 2. The Village Council hereby adopts Amendment 14 -1 to the Village
Comprehensive Plan, as fully set forth in Exhibit "A" attached hereto and incorporated
herein by reference.
Section 3. If any section, paragraph, sentence, clause, phrase or word of this
ordinance is for any reason held by a Court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
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Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Ordinance shall be effective thirty -one (3 1) days after the Department
of Economic Opportunity notifies the Village that the plan amendment package is
complete or, if timely challenged, this Ordinance shall be effective upon entry of a final
order by the Department of Economic Opportunity or the Administration Commission
determining the adopted amendment to be in compliance.
PLACED ON FIRST READING THIS 22" DAY OF JANUARY, 2015
PLACED ON SECOND, FINAL READING AND PASSED THIS 9' DAY OF APRIL, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
/c o
VILLAGE ATTORNEY
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Village Of North Palm Beach Florida
Comprehensive Plan Text Amendment
Amendment 14 -1: Mixed -Use Assisted Living Facilities
Future Land Use Element Text Amendment
July 2014; Rev: November 2014, January 2015
Prepared for the Village of North Palm Beach
Prepared by Land Research Management, Inc.
TABLE OF CONTENTS
Section
Page
1.0 Introduction ................................................................................ ............................... 1
2.0 Description of Text Amendment ................................................. ............................... 1
2.1 Summary of Future Land Use Element Amendment 14- 1 .......... ............................... 2
3.0 Assessment of Proposed Text Amendment ............................... ............................... 3
3. 1 Data and Analysis ............................................................... ............................... 3
3. 2 Goals Objectives and Policies ............................................. ............................... 5
3. 3 Other Planning Concerns .................................................... ............................... 5
4.0 Consistency with Regional and State Plans ............................... ............................... 5
5.0 Conclusion and Recommendation .............................................. ............................... 6
5. 1 Finding ................................................................................ ............................... 6
5. 2 Staff Recommendation ........................................................ ............................... 7
5. 3 LPA Public Hearing ............................................................ ............................... 7
5. 4 LPA Meeting ........................................................................ ............................... 7
5. 5 Village Council Public Hearing ............................................ ............................... 7
5. 6 Village Council Meeting ....................................................... ............................... 7
Exhibit A: NPBCP Amendment 14 -1 ............................................... ............................... 8
1.0: INTRODUCTION
The Village of North Palm Beach is considering the adoption of North Palm
Beach Comprehensive Plan ( NPBCP) Amendment 14 -1 consisting of a text amendment
to the Future Land Use Element.
Village- initiated NPBCP Amendment 14 -1 is necessary to amend the text of the
Future Land Use Element to allow the approval of Assisted Living Facilities meeting
certain criteria to be approved pursuant to the planned unit development process.
This document provides data and analysis required by Florida Statutes Section
163.3184(3) "Expedited State Review for Adoption of Comprehensive Plan
Amendments."
Section 2.0 consists of a brief description and analysis of proposed NPBCP
Amendment 14 -1.
Section 3.0 presents an assessment of the proposed amendment in terms of
statutory requirements and the Village Of North Palm Beach Comprehensive Plan.
Section 4.0 contains an assessment of proposed NPBCP Amendment 14 -1, in
terms of the Regional Policy Plan.
Exhibit A contains proposed NPBCP Amendment 14 -1.
2.0: DESCRIPTION OF TEXT AMENDMENT
This section provides a data summary and analysis of the proposed NPBCP
Amendment, 14 -1 pursuant to the requirements of Florida Statutes Section 163.3184(3)
(b) 1.
NPBCP Amendment 14 -1 is a text revision to Objective 1.13 of the Future Land
Use Element of the Village Of North Palm Beach Comprehensive Plan to incorporate
Policy 1.13.3 which will allow Assisted Living Facilities to be considered as mixed -use
developments under the commercial planned unit development approval process. In
addition, revisions to Policy 1.13.3 establish use, intensity, density and occupancy
requirements and limitations for mixed -use Assisted Living Facilities.
The balance of this section contains an analysis of the proposed amendment, as
well as the cumulative impacts thereof, as appropriate. References to other related
sections of this document are provided as necessary.
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2.1: SUMMARY OF FUTURE LAND USE ELEMENT TEXT AMENDMENT 14 -1
A. Name or Designation: Mixed -Use Assisted Living Facilities Text Amendment.
B. Parcel Description or Location: No specific location(s) at this time. Amendment will
allow the Village Council to consider approval of Mixed -Use Assisted Living Facilities
through the Commercial Planned Unit Development Process on properties with a
Commercial Future Land Use Atlas designation.
C. Existing Future Land Use and Zoning Designations:
Future Land Use: NA — No specific property at this time.
Zoning: NA — No specific property at this time.
D. Proposed Future Land Use and Zoning Designations:
Future Land Use: NA.
Zoning: NA.
E. Abutting Land Use Summary:
Abutting land uses and future land use designations: NA.
F. Subject Property Development Potential:
1. Development Concept: NA.
2. Population Projections: NA.
G. Infrastructure Impacts:
The purpose of NPBCP Amendment 14 -1 is to allow proposed Assisted Living Facility
developments to be considered by the Village Council under the Commercial Planned
Unit Development approval process. No infrastructure impacts are associated with
NPBCP Amendment, as no specific projects are proposed at this time. Impacts will be
considered by the Village at the time that a specific plan for development is submitted.
H. Consistency with Comprehensive Plan:
Proposed NPBCP Amendment 14 -1 is found consistent with the Village of North Palm
Beach Comprehensive Plan. Details are presented in Section 3.0.
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3.0: ASSESSMENT OF PROPOSED TEXT AMENDMENT
The subsections that follow present a review of statutory requirements for
comprehensive plan amendments and the 2020 Village of North Palm Beach
Comprehensive Plan in terms of proposed NPBCP Amendment 14 -1.
3.1 DATA AND ANALYSIS
Florida Statutes Section 163.3177(1) (f) states that plan amendments shall be
based upon relevant and appropriate data and analysis by the local government that
may include, but not be limited to, surveys, studies, community goals and vision, and
other data available at the time of adoption of the plan amendment.
NPBCP Amendment 14 -1 is classified as a "large- scale" future land use text
amendment. Due to the nature of the proposed amendment, it is determined that there
are no associated negative land use impacts. Specific impacts and consistency with
Village land development regulations will be determined when a specific plan of
development is submitted with a site - specific Commercial Planned Unit Development
application
Although principally a residential development, assisted living facilities exhibit
mixed -use characteristics, including central kitchen and dining facilities, administrative,
marketing and social /recreation staff and facilities, group transportation, and medical
(e.g. visiting medical professionals), and personal service (e.g. hair salon, ice cream
parlor, and convenience goods) facilities. For this reason, the Village proposes to allow
Assisted Living Facility applications to be submitted for consideration under the mixed -
use provisions of Objective 1.13 of the Future Land Use Element.
In addition to their mixed -use qualities, the residential characteristics of Assisted
Living Facilities differ substantially from conventional living accommodations. Assisted
Living unit sizes are substantially smaller than normal; generally studio or one - bedroom
models ranging in size from 250 sq. ft. to 450 sq. ft. In certain cases, particularly
facilities that specialize in memory care, units are as small as small as 100 — 150 sq. ft.
A majority of the units, either by design or resident choice, accommodate a single
person. Units often contain no kitchen or a galley -type kitchen consisting of a sink,
microwave oven and a small refrigerator. Further, due to Assisted Living Facility
demographics, including age and the associated level of physical infirmity and mental
acuity, impacts upon roads and municipal services are considerably less than those
associated with conventional residential units.
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Due to the above Assisted Living Facility characteristics and resident
demographics, it is appropriate to address the issue of density on a resident or bed per
acre basis, as opposed to the conventional unit per acre method. It is recommended,
similar to the Workforce Housing Density Bonus allowed by Policy 1.13.2, that the
maximum residential development potential in a mixed -use Assisted Living Facility be
increased to an equivalent of 24 units per acre, with maximum occupancy (beds) to be
determined by applying the Village's average household size (1.97 persons per the
2010 Census) to the number of approved units. On this basis, the maximum number of
residents permitted in an Assisted Living Facility would be similar to that currently
allowed under the Workforce Housing Density provisions of Policy 1.13.2.
Pursuant to Section 45- 35.1.II.A.2 of the North Palm Beach Code of Ordinances,
an applicant for Planned Unit Development approval may request modifications (i.e.
waivers) to the Village land development regulations to accommodate a proposed
development, provided that the request does not include density, intensity or recreation
and open space requirements. Requested modifications may include reduction in
dwelling unit size and parking requirements. Such modifications are particularly
pertinent to Assisted Living Facilities due to the facility and resident characteristics
discussed above.
Current Village zoning regulations require one - bedroom residential units to
contain a minimum of 750 sq. ft. plus an additional 150 sq. for each extra bedroom.
Parking regulations require two parking spaces per dwelling unit. As a result, it is
recognized that requests for reductions in unit size and parking requirements are
generally appropriate for Assisted Living Facilities. It is therefore recommended that
proposed Policy 1.13.3 include language recognizing the legitimacy of such requests.
It is concluded that the proposed NPBCP Amendment 14 -1 is consistent with the
general Village character, as described in Chapter 2 of the 2020 Village of North Palm
Beach Comprehensive Plan and desired land use patterns, as illustrated on Figure 3 -2
of the Future Land Use Element in that the proposed text amendment is compatible with
the intent of Objective 1.13 of the Future Land Use Element which encourages mixed -
use developments within the Commercial Future Land Use category.
Proposed Policy 1.13.3 acknowledges that Assisted Living Facilities containing
both residential and non - residential components shall be considered mixed -use
developments that may be considered by the Village under the Commercial Planned
Unit Development approval process.
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3.1.1 Existing Land Use Inventory: NPBCP Amendment 14 -1 is a text amendment
and has no impact on the Village's existing land use inventory.
3.1.2 Current Population Estimates: The current population estimate and projected
population of the Village are not affected by NPBCP Amendment 14 -1.
3.1.3 Delineation of Village Planning Areas: NPBCP Amendment 14.1 will not affect
the corporate limits or the boundaries of any of the Village have designated Planning
Areas.
3.1.4 Vacant Land Analysis: Not applicable.
3.1.5 Land Use Projections: Village land use projections are not affected by NPBCP
Amendment 14 -1.
3.1.6 Infrastructure Impacts: Not applicable.
3.2 GOALS OBJECTIVES AND POLICIES
NPBCP Amendment 14 -1 is consistent with the Future Land Use Element of the
Comprehensive Plan. Further, due to the nature of proposed NPBCP Amendment 14 -1
(i.e. text amendment not related to any specific development proposals), there are no
associated infrastructure impacts to be addressed, nor are there any issues raised by
an analysis of Comprehensive Plan goals, objectives and policies.
3.3 OTHER PLANNING CONCERNS
No additional planning concerns, including public safety, have been identified
during the review of NPBCP Amendment 14 -1.
4.0 CONSISTENCY WITH REGIONAL AND STATE PLANS
According to Section 163.3184(3) (b) 3.a Florida Statutes, the comprehensive
plan amendment must be reviewed by the Treasure Coast Regional Planning Council
( TCRPC) to determine whether or not the amendment has any adverse effects on
regional resources or facilities identified in the Strategic Regional Policy Plan or have
adverse impacts on the comprehensive plans of any affected local government within
the TCRPC region. Comments will be solicited from TCRPC prior to second reading of
the Village ordinance adopting Amendment 14 -1.
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Further, according to Section 163.3184(3) (b) 2, state agencies may provide
comments to the Village regarding a comprehensive plan amendment. State agencies
may only comment on the impact that the proposed amendment has on important state
resources and facilities that will be adversely impacted by the amendment if adopted.
Comments by TCRPC and any affected state agency must be transmitted to the
Village no later than 30 days following receipt of a request for comments by the Village.
The Village's request for comments will occur at the time of transmittal of the proposed
amendment to the Florida Department of Economic Opportunity (FDEO).
4.1 REGIONAL POLICY PLAN
NPBCP Amendment 14 -1 does not pertain to any issues determined to be of
regional significance. Based on this conclusion, it is further concluded that NPBCP
Amendment 14 -1 is not in conflict with the Treasure Coast Regional Policy Plan.
TCRPC will be asked to submit comments following first reading of the ordinance
adopting Amendment 14 -1. Any TCRPC comments will be considered at the time of
second reading by the Village of the adopting ordinance.
4.2 STATE COMPREHENSIVE PLAN
NPBCP Amendment 14 -1 does not pertain to any issues determined to be of
statewide significance. Based on this conclusion, it is further concluded that NPBCP
Amendment 14 -1 is consistent with the State Comprehensive Plan, as presented in
Chapter 187, Florida Statutes. The FDEO and other required state agencies will be
asked to submit comments following first reading of the ordinance adopting Amendment
14 -1. Any FDEO and other state agency comments will be considered at the time of
second reading by the Village of the adopting ordinance.
5.0 CONCLUSION AND RECOMMENDATION
The following finding and staff recommendation are presented:
5.1 FINDING
NPBCP Amendment 14.1 is consistent with the provisions of the 2020 Village of
North Palm Beach Comprehensive Plan. More specifically: (1) NPBCP Amendment 14-
1 affects only properties within the Village's Urban Service Area, and will not contribute
to a condition of urban sprawl, as defined in Section 163.3164(50), Florida Statutes and
(2) NPBCP Amendment 14 -1 is consistent with policy of the Capital Improvements
Element in that it will not contribute to a condition of public hazard, as defined therein,
will not exacerbate any existing condition of public facility capacity
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deficits, as described therein, and is consistent with future land use designations, as
shown on the Future Land Use Map Atlas.
5.2 STAFF RECOMMENDATION
Staff recommends that the Village Council approve NPBCP Amendment 14 -1.
5.3 LPA PUBLIC HEARING
An advertised Local Planning Agency (LPA) public hearing on NPBCP
Amendment 14 -1 was held on December 2, 2014 at 6:30 P.M. in the Village Hall.
5.4 LPA MEETING
The LPA recommended approval of proposed Amendment 14 -1 at its December
2, 2014 meeting by a 3 — 2 vote. Issues of concern expressed by the LPA were the ad
valorem tax implications on the Village budget if an ALF was owned and operated by a
non - profit organization and whether substance abuse facilities could be approved under
the proposed language.
5.5 VILLAGE COUNCIL WORKSHOP
The Village Council discussed the proposed amendment at a Workshop held on
January 8, 2015. Issues discussed included the requirement that a minimum of 50% of
the gross floor area of an ALF be for residential purposes and non - residential uses
should be limited to serving residents, their visitors and staff. Revisions to the proposed
amendment language have been made to address these issues.
5.6 VILLAGE COUNCIL MEETINGS(To be determined).
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EXHIBIT A - NPBCP Amendment 14 -1
NPBCP Amendment 14 -1 (attached) consists of a text amendment to the Future
Land Use Element of the Village of North Palm Beach Comprehensive Plan which
consists of the addition of Policy 1.B.3. Additions to the text of the Comprehensive
Plan are indicated in underline and deletions in strike+ "re unh format. The only deletion
is the renumbering of Policy 1.B.3 to 1.B.4.
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OBJECTIVE 1.B: Mixed -use developments may be permitted through the commercial planned
unit development approval process in areas with a Commercial Future Land Use designation,
as depicted on the Future Land Use Map Series.
Policy 1.13.1: The following use and intensity standards shall be used to promote land use
efficiency in infill and redevelopment activities, and determine maximum mixed -use
development potential on a given parcel of land:
1. Maximum development potential: Maximum mixed -use development potential is
subject to the floor -area limitations established in Policy 1.A.4, subject to the
application of the Village's land development regulations.
2. Permitted uses: Each mixed -use development must contain a residential
component, together with at least one non - residential component consisting of
uses authorized in the assigned underlying commercial zoning district, subject to
conditions of approval.
3. Mix of uses: The non - residential component of a mixed -use development must
comprise a minimum of 10% the gross floor area. The residential component of a
mixed -use development must contain a minimum of 25% of the gross floor area.
4. Residential density: The residential component of a mixed -use development shall
not exceed a density of 12 units per acre.
6. Height limitations: With the exception of those properties located along U.S.
Highway 1, the maximum height of a mixed -use development shall be limited to
that allowed by the underlying commercial zoning district. The maximum height
for mixed -use developments with frontage along U.S. Highway 1 is related to the
depth of the property, as measured from the U.S. Highway 1 right -of -way, as
follows:
• 250 feet or less: Maximum height of 2 stories.
• Greater than 250 feet to 300 feet: Maximum height of 3 stories
• Greater than 300 feet: Maximum height of 4 stories.
Policy 1.132 Workforce housing density bonus: The residential density of a mixed -use
development may be increased from 12 to 24 units per acre provided that either: (a) bonus units
are constructed on -site; or (2) funding is provided to assist in an affordable housing program in
another jurisdiction. If alternative (a) is selected, 50% of the bonus
units shall be affordable as defined by the County's Workforce Housing Program income
guidelines. If alternative (b) is selected, an_amount equal to 5% of the cost of
construction of the bonus units shall be contributed to the Palm Beach County Affordable
Housing Trust Fund, or other appropriate alternative, as determined by the Village of North
Palm Beach.
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Policy 1.13.3: Assisted Livinq Facilities, as defined in Section 429.02 of the Florida Statutes and
licensed by the Florida Agency for Health Care Administration may be permitted as mixed-use
developments through the commercial planned unit development approval process subject to
the following use and intensity standards:
1. Required uses: Each mixed-use Assisted Living Facility shall contain a
residential component, together with a non-residential component consisting of
administrative offices, central kitchen and communal dining facilities, and separate
or shared spaces for the provision of medical, recreation, social, religious, and
personal services.
2. Residential uses: The residential component shall consist of hallways, attendant
stations, mechanical service rooms, and lounge areas, etc. within a designated
residential wing of a mixed-use Assisted Living Facility.
3. Non-residential uses: The non-residential component shall be limited to
providing goods and services to Assisted Living Facility residents, their visitors and
facility staff.
4. Maximum floor area: Maximum mixed-use Assisted Living Facility development
potential is subject to the floor-area limitations established in Policy 1.A.4, subject to
the application of the Village's land development regulations.
5. Maximum resident occupancy: The residential density of a mixed-use Assisted
Living Facility may be increased by the Village Council to an equivalent of 24 units
per acre. The maximum resident occupancy shall then be determined by multiplying
the equivalent residential density by 1.97 residents per unit. Maximum resident
occupancy shall be determined on a project-by-project basis based upon an
assessment of site characteristics and the application of Village land development
regulations.
6. Height limitations: The maximum height of a mixed-use Assisted Living Facility
shall be determined by the application of Policy 1.6.1.6
7. Waivers for reductions in minimum dwelling unit size and parking requirements
may be requested during the commercial planned unit development approval
process.
Policy 1.13.34 : Specific additional development limitations and conditions on proposed mixed-
use developments shall be established, as necessary, by the Village through the planned unit
development process.
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