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HomeMy WebLinkAbout10172013PZ AgendaCrIY OF SEBASTLAN HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 17, 2013 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS 5. APPROVAL OF MINUTES: Regular meeting of September 5, 2013 6. OLD BUSINESS 7. NEW BUSINESS: A. Public Hearing - Preliminary Plat - Recommendation to City Council regarding Rohm Commercial Replat - a 4 -lot subdivision located between east and west bound lanes of Sebastian Blvd., east of Wimbrow Drive B. Quasi - Judicial Public Hearing - Recommendation to City Council regarding a Special Exception to LDC Section 54- 2- 5.3.3(c) to allow Qualified Affordable Housing in CG (Commercial General) zoning district - 7.4 acres located at 9707 U.S. 1 and north of the Publix Shopping Center at U.S. 1 and Barber St. C. Discussion - Overlay District Performance Standards as they relate to the general Land Development Code standards 8. CHAIRMAN MATTERS 9. MEMBERS MATTERS 10. DIRECTOR MATTERS 11. ATTORNEY MATTERS 12. ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 5, 2013 Chairman Dodd called the meeting to order at T:00 P.M. The pledge of allegiance was said by all ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Mr. Qizilbash Ms. Kautenburg (a) Mr. Durr Mr. Carter Mr. Paul (arrived late) Mr. Reyes ALSO PRESENT: Joe Griffin, Community Development Director Robert Ginsburg, City Attorney Jan King, Senior Planner Dorri Bosworth, Planner /Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: Mr. Roth noted the page headers had the wrong date. MOTION by Durr /Carter to accept the minutes of the August 1, 2013 meeting with the revision to the page headers. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN — BURIED TREASURES ANTIQUES & COLLECTIBLES — 1554 US HIGHWAY 41 — 3,136 SF RETAIL BUILDING AND SITE IMPROVEMENTS — CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. There was none. The applicants and staff were sworn in by City Attorney Robert Ginsburg. Mr. Todd Howder, MBV Engineering, representing the applicant, presented the project to the Commission reviewing location, size, parking, and other project specifics. He stated the applicant would need to purchase 4 parking -in -lieu spaces. The stormwater area would be to the rear of the parcel, and the site would employ a private lift station and connect to county water lines. Ms. King reviewed the parking -in -lieu program, noting the cost for the 4 spaces were $3,200 each, which monies went into a parking trust fund set up to create more parking in the riverfront. She stated the revisions to the landscape plan were not received in time for the meeting, or for staff to determine specific amounts needed for the waiver. She requested that the waiver hearing be tabled until the October 3rd PZC meeting. Staff was not prepared to go forward with the PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 landscape plan as currently submitted and requested the Commission make any site plan approval conditional on a landscape plan approval. Mr. Howder pointed out that the wooden rear porch on the civil plan 8' X 12' was different from the architectural plans 8'X 14' and would be revised as to reflect the larger. Mr. Dodd requested clarification on making an approval conditional on "receiving a waiver' or just "hearing" the waiver. Staff and the applicant, Ms. Renee Powell, stated it should be on hearing the waiver. Mr. Durr stated he thought the site plan package should already have a landscape plan. Ms. King stated the package did include a landscape plan, but at this time it was deficient and she did not have the final plan from the landscaper. She had been working with him for a long while and did not want to hold up the site plan. A landscape plan would have to be approved, whether with a waiver, or not. Mr. Ginsburg stated if the waiver was not approved, they would have to comply with the landscape code. Ms. Kautenburg asked the applicant if she would be having outside sales like the current site. Mr. Howder stated retail sales would be inside. Ms. Kautenburg then verified it was a single - purpose building. Mr. Howder stated it was. Mr. Qizilbash had questions regarding the drainage structures on Sheet C4, and also direction of water flow, possibly onto the neighboring property. Mr. Howder reviewed the Section Details and stated they could create a natural grassed berm /valley to direct the water away from the adjacent lot. Mr. Durr asked if there would be truck deliveries and had questions regarding the retaining wall on the north side. Mr: Roth inquired about the City's parking area to the east and future development plans for that parcel. He asked if the existing well shown on the site plan was going to be abandoned. Mr. Howder stated that was the well used by the commercial business to the south. Ms. King stated there had been an easement granted across the property for continual use of the well dated before Ms. Powell purchased the property. Mr. Roth also had questions regarding the floor plan of the building. Mr. David Godwin, AIA, architect, was available to answer. Mr. Reyes asked if the back porch extended from the mezzanine or the main floor, and how it was supported if elevated. Mr. Godwin stated it was supported by piles /columns. Mr. Reyes verified with Mr. Howder that the vertical datum used in the design was NAVD 88. He asked if there would be a right -turn only sign in the US #1 median to direct outgoing traffic from the site. Mr. Carter asked staff if the proposed architectural design of the building was keeping with the intent of the development of the area. Ms. King stated she believed so — front porch look, metal roof, cupola, proposed colors, etc. He thanked the applicant for wanting to invest in the community. Mr. Roth asked if the rope and post design could be incorporated into the site. Ms. Powell stated it would be used around her monument sign within the landscaping. She also discussed some of the design details for inside the building. Mr. Paul asked if there would be food served on the back porch. Ms. Powell stated no, her intention was to create an area for waiting husbands. Public input was opened. No one spoke in favor or in opposition of the project. Staff recommended approval subject to the conditions listed in the staff report, which were 1) payment of the parking -in -lieu of fees, 2) lighting detail for the parking area (code requirement), and 3) approval of a landscape plan. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 Mr. Roth asked when the parking fees would have to be paid. Ms. King responded it would be fair to request them prior to issuance of the Certificate of Occupancy. Mr. Durr went over the landscape items the applicant was requesting waivers for but noted there were other code requirements the plan did not meet, such as the buffer width requirement in Section 54- 4- 21.A.7(c)(1)a, which was not on the waiver request. Staff cited Section 54-3 - 14.11(a) which allows a reduction in the width of the buffer if adjacent to another neighboring buffer upon recommendation of staff and approval of the PZ Commission, and which appears to not need a formal waiver. Ms. King also explained that when the setback was less than 10 feet, the narrowness of the parcel was considered, and common sense was used as to not totally inhibit the building and project. She stated that if the Commission felt they did not have the authority to approve the reduction, staff could take it to the Board of Adjustment for a variance. Staff opined the language of the code did allow the Commission to make the decision. Mr. Durr stated he felt the Overlay regulations superseded the other requirements. MOTION by Roth/ to approve the site plan for Buried Treasures Antiques & Collectibles with a hearing for the landscape drawing [and waiver request] to be deferred to the October 3rd meeting. There was discussion about amending the motion to add the other two conditions recommended by staff, and the waiver deferral in this motion since there was a separate item on the agenda for the waiver hearing. Mr. Roth agreed that a separate motion would be made on the landscape waiver, and that his motion was to approve with conditions [as stated in the staff report]. Mr. Carter seconded the motion. ROLL CALL: Mr. Durr no Mr. Qizilbash yes Mr. Paul yes Mr. Reyes yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 6 -1. Motion passed. B. QUASI- JUDICIAL PUBLIC HEARING — RIVERFRONT OVERLAY DISTRICT WAIVER — BURIED TREASURES ANTIQUES & COLLECTIBLES — 1554 US HIGHWAY #1 WAIVER REQUEST FROM OVERLAY LANDSCAPING REQUIREMENTS — LDC SECTION 54- 4- 21.A.7 MOTION by Dodd /Paul to defer Item B until the October 3rd meeting. Motion was approved by voice vote. C. REVIEW AND CONSIDERATION OF CITY STATEMENT TO INDIAN RIVER COUNTY REGARDING A PROPOSED 149' MONOPOLE COMMUNICATION TOWER TO BE LOCATED AT 8920 86T" AVENUE — ADJACENT TO CITY LIMITS Mr. Dodd asked if the City had been contacted by anyone on this. Staff stated they were included by the County in receiving their review comments of the application, but had not been contacted by the applicant recently. He asked if the tower was commercial or sole source. Mr. Griffin stated commercial available for co- location. Mr. Griffin reviewed staff's position as explained and stated in the memorandum. It was brought before the Commission to get their direction on the subject. Mr. Dodd opined that staff was looking for the Commission to say that if the project was in the City, they would deny it. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 TO BE COMPLETED AND EMAILED TO COMMISSIONERS BEFORE 10/17 MEETING MOTION by Dodd /Roth to ROLL CALL: Mr. Reyes no Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul no Mr. Carter yes Mr. Qizilbash yes The vote was 5 -2. Motion passed. CHAIRMAN MATTERS: MEMBERS MATTERS: None DIRECTOR MATTERS: None ATTORNEY MATTERS: Chairman Dodd adjourned the meeting at 8:21 p.m. (db) 51 m o' SEBASTLA� HOME OF PELICAN ISLAND Community Development Staff Report Preliminary Plat 1. Project Name: Rohm Commercial Replat 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project Location a. Location: between East and West bound lanes of Sebastian Blvd., immediately east of Wimbrow Drive b. Legal: Provided — See Survey C. Indian River County Parcel Number: 31- 39 -07- 00000 - 3000 - 00005.0 4. Project Owners: DRP Company of Alabama Daniel J. Brognano Todd Brognano William Brognano 5. Project Engineer: Joseph Schulke Schulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 (772) 770 -9622 Fax: (772)770 -9496 6. Project Surveyor: Charles H. Blanchard Meridian Land Surveyors, Inc. 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 (772) 794 -1213 7. Project Description: a. Narrative of proposed action: The subject property was platted in 2008 as a one -lot commercial subdivision. At that time an existing lake was filled and a new 1.18 acre stormwater management lake was constructed 1 to accommodate maximum build -out of the subdivision at 80% impervious. Subsequently, the Sherwin Williams property was subdivided as a "lot split ", a review process whereby a platted lot may be divided into two lots that conform to the district regulations, but is limited to one time only. Any further subdivision requires the full subdivision process, which includes both a preliminary plat, and a final plat. At this time all new lots are being identified on the replat, as well as the existing Sherwin Williams (DRP Company of Alabama) parcel. All subdivision improvements have previously been constructed in accordance with construction drawings approved by the City on August 13, 2007 and certified complete by Joseph Schulke, Engineer of Record, in a letter dated December 21, 2007. No additional subdivision improvements are proposed for this replat. Current Zoning: CG Adjacent Properties: d. Site Characteristics: (1) (2) (3) (4) (5) (6) (7) (8) (9) Total Acreage: Current Land Use(s): Soil: 4.44 acres Lot 1 —existing retail Lots 2, 3 4 - vacant Immokalee fine sand Vegetation: grasses, some perimeter trees, one developed lot with a full landscape plan in place Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police /Fire: 2 Zone X Indian River County Utilities Indian River County Utilities Riverview Park --.3 miles Sebastian Police -- .7 miles IRC Fire — 2 miles Zoning Current Land Use Future Land Use North: CG & PS vacant & City Garage CG & INS East: CG residence CG South: C -512 office & vacant C -512 West: CG restaurant CG d. Site Characteristics: (1) (2) (3) (4) (5) (6) (7) (8) (9) Total Acreage: Current Land Use(s): Soil: 4.44 acres Lot 1 —existing retail Lots 2, 3 4 - vacant Immokalee fine sand Vegetation: grasses, some perimeter trees, one developed lot with a full landscape plan in place Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police /Fire: 2 Zone X Indian River County Utilities Indian River County Utilities Riverview Park --.3 miles Sebastian Police -- .7 miles IRC Fire — 2 miles 8. Comprehensive Plan Consistency: a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: n/a d. Public Facilities: Consistent e. Coastal Management: n/a f. Conservation: Consistent g. Recreation and Open Space: n/a 9. Contents of Preliminary Plat: a. name of subdivision: Rohm Commercial Replat b. vicinity sketch: provided C. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: to be provided on final plat i. statement that they will join in the dedication: to be provided on final plat j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: provided M. names of owners of record of adjacent acreage: on file 3 n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man -made features: provided P. name, aliment and width of all existing and proposed streets, alleys, rights -of -way or easements including name, right -of -way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right -of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided S. all existing drainage district facilities and the ultimate right -of -way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided U. a statement that all utilities are available and have been coordinated with all required utilities: provided V. sites proposed for parks, recreational areas and schools: n/a W. location of all temporary structures or permanent structures having a temporary use: n/a X. if borders public water, delineate the mean high water line: n/a Y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: provided Z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: to be provided on final plat aa. block perimeter returns at block corners or other block line intersection: n/a 10. Required Supplemental Information: rd 11. a. existing land use policy and proposed policy changes: n/a b. on -site wastewater disposal data: on future site plans C. surface water management plan: provided d. traffic impact analysis: Traffic information will be provided individually for each site plan review. e. required park land and /or facility improvements: N/A f. required potable water improvements: Indian River County Utilities g. required wastewater improvements: Indian River County Utilities h. erosion and sedimentation control improvements: provided L reference to required improvements L access: provided ii. alleys: n/a iii. blocks: n/a iv. bridges: n/a V. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: n/a ix. soils: provided X. streets: n/a xi. bicycle /pedestrian paths: n/a xii. off- street parking areas: n/a xiii. utilities: future xiv. utility installation: future xv. central water system: future xvi. central wastewater system: future xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: future xx. traffic control devices: n/a xxi. monuments: provided xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: n/a Zoning district dimensional regulations: a. minimum lot size: 10,000 square feet provided b. minimum width: 75 feet provided 5 c. minimum depth: 125 feet provided 12. Fee paid: yes 13. Additional consideration: The following agencies /staff have reviewed the preliminary plat. Unless otherwise noted, all comments have been addressed. Frank Watanabe, P.E., Consulting City Engineer Indian River County Utilities Department Indian River County Fire Department Environmental Health City Public Works Department City Community Development Department 14. Other Matters: The City has also received the application for final plat approval of the Rohm Commercial Replat. Providing that all reviews of the final plat have been completed, it is the intent of staff to present both the preliminary plat resolution of approval, as well as the final plat resolution of approval to City Council at the same meeting. This is possible because all subdivision improvements have already been completed as part of the original Rohm Commercial Plat. 16. Conclusion: The proposed four -lot subdivision replat is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. 17. Recommendation: Staff recommends that the Planning and Zoning Commission find the preliminary plat for Rohm Commercial Replat to be consistent with the Land Development Code, the Comprehensive Plan and the Code of Ordinances, and that they forward their recommendation of approval of the preliminary plat to City Council. ��� P-11 PARED BYCJ R /b- 7- 3 DATE Permit Application No. ava SEA _ City of Sebastian O Development Order Application }1C.fME �F:PEtlthhii ti[,ANb -Applicant If not owner, written authorization notarized from owner is required) Name: Daniel J. Brognano Address: P.O. Box 780874, Sebastian, FL 32958 Phone Number: ( 772 ) 589 - 1299 FAX Number: (772 ) 589 - 1304 E -Mail: ameronh @aol.com and tbrog71705 @aol.com Owner If different from applicant) Name: Daniel J. Brognano, Todd Brognano, and William Brognano and DRP Company of Alabama, Inc. Address: P.O. Box 780874, Sebastian, FL 32958 Phone Number:( 772) 589 - 1299 FAX Number: ( 772 ) 589- 1304 E -Mail: ameronh @aol.com and tbrog71705 @aol.com Title of permit or action requested: preliminary Plat Approval PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Ameron Commerce Park B. Site Information Address: Sebastian Blvd and 223 Sebastian Blvd., Sebastian, FL 32958 Lot: Block: Unit: Subdivision: Rohm Commercial Plat Indian River County Parcel #: 31390700005000000001.0 and 31390700005000000001.1 Zoning Classification: Future Land Use: CG Commercial General Existing Use: Proposed Use: Commercial Commercial C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Re- subdivide the "Rohm Commercial Plat" into 4 commercial lots, to be known as "Ameron DATE RECEIVED: 7 /-3D'/ /3 FEE PAID: $ C-ZD RECEIVED BY: . #!0614 Permit Application No. D. Project Personnel: Agent: Name: 6` ,C. If ?rte C Addres �, _ _ L _ Phone Number: - FAX Number: E -Mail: Attorney: 4� Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer Name: Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number: (772 ) 770 - 9622 FAX Number: (772 ) 770 - 9496 E -Mail: jschulke @sbsengineers.com Surveyor: Name: Meridian Land Surveyors Address 1717 Indian River Blvd Suite 201 Vero Beach FL 32960 one Number: ( 772 ) 794 - 1213 FAX Number: ( 772 ) 794 - 1096 E -Mai I: lb6905@bellsouth.net 11 I ej —,5- RV-i`O Oa V-) _ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER X I AM THE LEGAL REPRESENTATiVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLI ION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE AC URA -AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. t SIGNATURE DATE' SWORN TO AND SUBSCRIBED BEFORE ME BY 0i i-) a eJ -3. k)-an v, \rp Erin, WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 1L0 DAY OF f i 20 NOTARY'S SIGNATURE Ci i' PRINTED NAME OF NOTARY � F _ ! v -)-,; tfe i, COMMISSION NO. /EXPIRATION SEAL: qr k ?`?'�'+jbFC LAUh9N E, HAMILTON * MY COMMISSION # EE 053495 EXPIRES: February 7, 2015 N� '1TFOFF 79P Bonded ThN Budget Notary Services LAUREN F. HAMII v , * MY COMMISSION # F' '' ; r1 EXPIRES- Februa;. X015 P ",OF FL�Q \_ Bonded jIn 'Budget Noiary Services Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PR11MI'ES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. -� e, f ICJ SIGNATURE DATE Sworn to and subscribed before me by _j i1 ; 1 :3 (3 ov Ka N-?*) who is prersonally known to m or produced as identification, this day of-'" _u .20 Notary's Signature - ?( Printed Name of Notary -N— Commission No. /Expiration l % ? / is Seal: LAURFN R. HAMILTON * * MY COMMISSION # EE 053495 EXPIRES: February 7, 2015 af9TFOF FO"OV. Bonded Thru Budget Notary Services Permit Application No. Supplemental Information Preliminary Plat Approval HOME OF PELICAN ISLAND 1. The following information is required on all preliminary plats: a. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the city. _ b. A north arrow, graphic scale, and date of preparation. c. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. _ d. The names, alignment, and width of all existing and proposed streets, alleys, rights -of -way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right -of -way width, street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. e. All existing and proposed property lines, easements and rights -of -way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks. f. Access points to collector and arterial streets showing their compliance to access requirements. g. All existing drainage facilities. h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utility departments. i. Site for proposed parks, recreational areas and schools. j. The location of any temporary structures or permanent structures having a temporary use. k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. I. Permanent reference markers shall be shown. Permit Application No. 2. Attached the following: a. Six copies of the preliminary plat. (Two sets must be sealed.) b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. c. A surface water drainage facilities plan certified by an engineer registered in the State of Florida. — d. A land survey with complete legal description prepared and certified by a registered surveyor. _ e. A traffic impact analysis, if required. f. An erosion /sedimentation control plan. g. A contour map showing ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (1 50) feet in width around the area. h. A statement concerning required potable water improvements, wastewater improvements or on -site wastewater disposal data. i. A schedule for multiple phases, if appropriate. j. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Permit Application No., The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. IME, X THE OWNERS) I A THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IlWE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING, THIS WAIVER AND CONSENT IS BEING SIGNED BY MEIUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR Pit SES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE ^� DATE Sworn to and subscribed before me by who is personally known to me or produced_ as identification, this day of _,20 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. 9 !L ACKNOWLE ENT DATE CROF SIEELASTIU% ;;M%;= -:W HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 www.cityofsebastian.org MEMORANDUM TO: Planning and Zoning Commission RE: Special Exception Permit Qualified Affordable Housing as a Conditional Use Commercial General Zoning District DATE: October 7, 2013 As detailed in Section 54 -2 -3.1 of the Land Development Code, a special exception is a use which is provided in the zoning regulations for a particular zoning district or classification and, if controlled, would not affect the public safety, health, or general welfare by allowing the use in an additional zoning district or classification. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special exceptions only if the applicant meets specific provisions and conditions deemed appropriate. Procedurally, staff reviews the special exception application and makes a recommendation to the Planning and Zoning Commission. The Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special exception meets the required findings of facts and review criteria established in Section 54- 2- 6.2(d), including specific criteria of Article VI. The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. Joseph Schulke, P.E., on behalf of his clients, Plaza of Cottages, LLC and Highpoint Commercial Center, LLC, has requested a special exception for their property to allow qualified affordable housing as a conditional use. The 7.40 acre site wraps around the north and west side of the Publix Plaza at the intersection of Barber Street and U.S. 1, and is located in the Commercial General zoning district which allows residential development up to 8 units per acre. Approval of this special exception will allow a density bonus up to 12 units per acre. Qualified affordable housing, by LDC definition, is a project that participates in and complies with a state or federally sponsored affordable housing initiative. This use is identified as a conditional use in the Commercial Limited zoning district. The conditions of approval, per Section 54- 2- 6.4(36A)b are as follows: 1. To qualify for this conditional use, a project must participate in and comply with a state or federally sponsored affordable housing initiative. 2. Maximum density shall be 12 residential units per acre. 3. The minimum living area standards of the RM -8 zoning district shall apply. The applicants are requesting a special exception to allow qualified affordable housing as a conditional use on their property, which is zoned Commercial General, thereby raising the density from 8 units to 12 units per acre. This density bonus will take the number of potential residential units from 59 to a maximum of 88 units. Required findings of fact (Section 54- 2- 3.1(a)(3): a. The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI; The applicants are asking for a special exception for qualified affordable housing which would provide a density bonus up to 12 units per acre. A conceptual site plan has been provided to demonstrate the proposed layout of the site with parking, drainage, traffic flow, and recreational amenities. If approved, a full site plan must be submitted, reviewed and approved by the Planning and Zoning Commission to determine compliance with the Land Development Code. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; The Commercial General zoning district allows all uses within the RM -8 zoning district, including multifamily development with a maximum density of 8 units per acre. If granted, the special exception will allow a maximum density of 12 units per acre. 0) C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The Housing Element of the Comprehensive Plan refers to goals, objectives and policies specifically addressing the need for Affordable Housing (Objective 1.2), Special Needs Households (Objective 1.3) and Relocation Housing (Objective 1.4), copies of which are attached. In regard to relocation housing, in 2009 the City annexed the Shady Rest Mobile Home Park and assigned that property a zoning of Commercial Riverfront. The owners of that property agreed to keep the park open for a five -year period which ended on June 10, 2013, but may, at their discretion, continue the residential use for an additional five years. An affordable housing project of this nature would help fill a need for additional housing for the displaced residents of that park. Conditions of approval (Section 54- 2- 3.1(a)(4): In approving an application for a special exception under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. If approved, staff proposes the following condition of approval for the special exception: 1. The qualified affordable housing project shall specifically be for senior housing (e.g. 55 +), as stated on the conceptual site plan. Planning and Zoning Commission findings (Section 54- 2- 6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission and the City Council that the proposed use satisfies the following criteria: 1. Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. Although a site plan has not been submitted for full review, the conceptual site plan provided appears to provide the necessary elements needed to insure protection of public health, safety and welfare. 3 2. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. Other affordable housing projects in the City include Pelican Isles on Powerline Road (150 family units), and Grace's Landing on Louisiana Avenue (70 senior units), both of which are located in close proximity to each other. The proposed location of this project is significantly removed from these existing apartments, and in the southeast portion of the City. 3. Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. As noted on the conceptual plan aerial, there appears to be little impact to other residential properties in the area. Vacant land to the north (in the County) is zoned CG (Commercial General) with a land use designation of C/I (Commercial /Industrial). 4. Conforms to all applicable provisions of the district in which the use is to be located. The site will be required to conform to the Commercial General zoning district standards, plus the minimum living area standards of the RM -8 zoning district. Without approval of the special exception, the site would be restricted to 8 units per acre. 5. Satisfies specific criteria stipulated for the respective conditional use described in this article. As part of the site plan approval process, an additional public hearing will be conducted by the Planning and Zoning Commission to determine compliance with the specific conditional use criteria identified in Section 54- 2- 6.4(36A)b for qualified affordable housing stated as follows: 1. To qualify for this conditional use, a project must participate in and comply with a state or federally sponsored affordable housing initiative. 2. Maximum density shall be 12 residential units per acre. 3. The minimum living area standards of the RM -8 zoning district shall apply. The site plan must prove compliance with these items for approval of the conditional use. E 6. Is consistent with the Code of Ordinances and Comprehensive Plan. The concept of qualified affordable housing appears to be in conformance with the Comprehensive Plan. Full review and approval of the detailed site plan will determine compliance with the Land Development Code (Chapter 54 of the Code of Ordinances). Recommendation: The Planning and Zoning Commission must make a recommendation to City Council regarding the request for a special exception. On the positive side, this project will generate new construction and additional affordable housing. In light of the future closure of the Shady Rest Mobile Home Park with its 117 mobile home sites, it may also help with the relocation of those residents. The proposed location would spread the affordable housing options to another area of the City. On the negative side, a state statute exists which provides for an affordable housing property tax exemption for property owned entirely by a nonprofit entity. Our research has indicated that Pelican Isles has qualified for this exemption for the last two tax years and therefore paid no property taxes. Graces Landing continues to pay ad valorem taxes. If this qualified affordable housing project is transferred to a nonprofit corporation, they may apply for the tax exemption and the property would no longer generate tax revenue. In summary, approval of the special exception to allow qualified affordable housing on this property will allow a density increase resulting in a maximum of 88 residential housing units on the property (12 units per acre). If denied, a maximum of 59 residential units will be allowed as a multifamily development (8 units per acre). 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H 0 °� A� � ° a 0 x wv U .G�fz; -S .5 �. 06 O N 4-r 0 U v C/) N N Jim s 0 C* N rw CITY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT Policy 1.1.6: The City shall utilize Crime Prevention Through Environmental Design (CPTED) principles in order to increase the safety of housing developments. Policy 11.7: The City shall allow mobile home parks in certain residential zoning districts where adequate public facilities and services are available. Mobile home parks should be located adjacent to areas with a comparable density of development or near small-scale convenience or neighborhood commercial activity, in areas accessible to arterial and collector roads; and they should be located within reasonable proximity to community facilities. Policy 1.1.8: The City shall promote mixed -use developments that include provisions for a wide variety of housing types and .prices in close proximity to support facilities. Policy 1.19: In order to maintain housing policies responsive to changing conditions, problems, and issues, the City shall undertake special housing studies as needed in order to develop specific local strategies for resolving unanticipated housing problems and issues. Objective 1.2: Aff rdable Housing. The City shall encourage and assist the private sector in the provision of safe, clean, and affordable housing for special needs populations of the City, including the workforce and low and moderate - income households. Policy 1.2.1: The City shall encourage private investors, developers and landlords to actively participate in meeting the housing needs of very low, low and moderate income households through involvement in Federal, State and local housing programs. Policy 1,2.2: The City shall participate in regional initiatives directed toward educating local governments of new techniques especially programs applicable to the region and /or the County, for promoting affordable housing. Policy 1.2.3: The City shall offer incentives to developments. with affordable housing units that meet all of the location criteria in Policy 1.2.7. These incentives shall include, but are not limited to, expedited permitting deferment and /or waiver of building permit fees, impact fees and inspection fees. Policy 1.2.4: In drafting updated land development regulations, the City shall ensure that regulatory techniques and review procedures do not create barriers to affordable housing. Policy 1.2.5: The City shall, through the land development regulations, encourage the development /redevelopment of housing that will integrate divergent .Candgesiip 9nnova6ons, 9ne. ADOPTED April 22, 2009 III49 CITY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT choices of housing, including housing type and ownership status, across all neighborhoods. Policy 1.2.6: The City shall review the regulatory and permitting process to determine whether there is a need to streamline the process. Policy 1.2.7: The City shall continue to require that sites for affordable housing have access to the following facilities, services and /or activity centers: • Potable water and central wastewater systems; • Employment centers, - including shopping centers which accommodate stores offering household goods and services needed- on a frequent and recurring basis; • A major street (i:e., included in the City's major thoroughfare plan); • Public parks, recreation areas, and /or open space systems; and • Adequate surface water management and solid waste collection and disposal. Objective 1.3: Special Needs Households. The City of Sebastian shall ensure that opportunities for group homes and foster care facilities as well as housing for the elderly are provided within the City. This objective shall be measured through the implementation of the following policies. Policy 1.3.1: The City shall include in the Land Development Regulations adequate standards for the location of community residential homes, including group homes, in residential areas in accordance with applicable Florida Statutes. Policy 1,3.2: The City shall continue to support organizations that assist elderly and handicapped citizens in finding decent, accessible, and affordable housing. Such support may include technical assistance and the adoption of alternative code requirements. Policy 1.3.3: All group homes, foster care facilities, community residential homes and similar developments shall contain requisite infrastructure including: potable water, adequate surface water management; and approved system of wastewater disposal; and an adequate system for solid waste collection and disposal. The sites shall also be free of safety hazards and all structures shall comply. with City ordinances and applicable State laws including applicable licensing and program requirements of the State. Policy 1.3.4: In an effort to address problems of housing for lower income elderly residents and other households with special housing needs, the City shall allow for the placement of retirement communities and elderly care Zand'gesign 9mova ions, 9ne. ADOPTED April 22, 2009 - .-111-50 CITY OF SEBASTIAN COMPREHENSIVE PLAN HOUSING ELEMENT facilities in areas of residential character as long as they are designed in a manner that is compatible with the character of the neighborhood. Objective 14: RC10catrou 110usiV. The City shall provide uniform and equitable treatment to persons and businesses displaced by State and local government programs, consistent with Section 421.55, F.S. Policy 1.4.1: When residents are displaced by City actions, though public development or redevelopment, the City shall attempt to ensure the residents are able to relocate to standard, affordable housing. Policy 1.4.2: The City shall coordinate with appropriate agencies to prepare plans of action regarding relocation of residents, before programs are enacted that will create displaced households. Such plans shall include, but are not limited to, the following: • Timing of the relocation, • Assessment of the need for the program which will displace households, • Costs associated with the displacement of such households, and • An assessment of the household's needs and the impact of the relocation on the household, including: • Location and the effect of a new neighborhood location on the household's distance to job, schools, and social activities, and • The adequacy of public transit, if applicable at the time, to serve the displaced household. GOAL 2: PRESERVATION. Encourage the preservation of decent, safe and sanitary housing for the present and future residents of the City of Sebastian. Objective 2.1: Housing Stock and XeighboThoods. The useful life of the existing housing stock shall be conserved through effective implementation of regulatory action programs directed toward preserving neighborhood quality, including conservation of natural resources, maintenance of community facilities, and code enforcement activities. Policy 2.1.1: The City shall promote the rehabilitation of deteriorated substandard housing units to increase the supply of affordable housing. Policy 2.12: The City shall continue to enforce the building, housing, plumbing, energy, electrical, and other construction codes to ensure the maintenance of standard housing and to .achieve necessary corrective action where non - compliance exists. 'Ca"doegn 9nnova6ons, 9na ADOPTED April 22, 2009 Permit Application No. EIS City of Sebastian -F _. Develonment Order Annlir_atinn - :H24MEi7F PEiI[At+t:iSiAN6 -Applicant If not owner, written authorization notarized from owner is required) Name: Plaza of Cottages, LLC and Highpoint Commercial Center, LLC Address: P.O. Box 1206, Vero Beach, FL 32961 -1206 Phone Number: ( 772 ) 567 - 6340 FAX Number: ( 772 ) 567 - 3564 E -Mail: dochwb @bellsouth.net Owner (if different from applicant) Name: Plaza of Cottages, LLC and Highpoint Commercial Center, LLC Address: P.O. Box 1206 Vero Beach FL 32961 -1206 Phone Number: ( 772 ) 567 - 6340 FAX Number: ( 772 ) 567 - 3564 E -Mail: dochwb@bellsouth.net Title of permit or action requested: Special Exception PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Avery Way Apartments / Senior Living B. Site Information Address: 9707 US Hwy 1 Sebastian FL; 100 Cottage Place Sebastian FL; 9695 US Hwy 1 Sebastian FL Lot: Block: Unit: Subdivision: See attached legal descriptions Indian River County Parcel #: 31392000000100000018.0; 31392000000100000018.1; 31392000000700000003.0; 31392000000700000001.0 Zoning Classification: Future Land Use: CG (Commercial General) Commercial General Existing Use: Proposed Use: —Undeveloped Multi-family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): See Attachment A "Description of Proposed Activity" DATE RECEIVED: /J�D_a FEE PAID: $ �60 -60 RECEIVED city of Sebastian Community oC6�i3t?P1�#it Permit Application No. D. Project Personnel Agent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Schulke, Bittle & Stoddard, LLC, Attn: Joseph W. Schulke, P.E. Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772 ) 770 - 9622 FAX Nunnber. ( 772) 770 - 9496 E -Mail: jschulke @sbsengineers.com Surveyor" Name: Meridian Land Surveyors Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772 ) 794 - 1213 FAX Number: (772 ) 794 - 1096 E -Mail: rls5755 @bellsouth.net I, Hal Brown BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND IYAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY \4 Cwt ._ !nJ IS r C' r1 WHO IS PERSONALLY KNOWN TO ME OR PRODUCED _ t kk= ( �,� II I y k tu, >r, AS IDENTIFICATION, THIS I S_'` DAY OF ts: NOTARY'S SIGNATURE ,�,'�,A� --� � , % ,� ��L,,,,j PRINTED NAME OF NOTARY V L s St.'s A, e &-, Ld COMMISSIONNO./EXPIRATION- -.)O SEAL: LISANt4E K-WINTERS NOTARY PUBLIC STATE OF FLORIDA Comm#t EE087453 E) pires 4rd5 X15 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER'ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, B ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE ` Sworn to and subscribed before me by —q a 1 1,4,. R f e- c6,--N who is personally known to me or produced 811r-, n i eA- f ( v i k c, e (,A,, r as identification, this ISM'° day of !I' u I v 20 t Notary's Signature Printed Name of Notary L, sc>s,ne. %c, W � nos Commission No./Expiration Seal: - LIOANNE K..WIM'gRS NOTARY PUBLIC STATE OF FLORIDA Comm# EE087453 i i Expires 4125/2015 Permit Application No. MYOF I Supplemental Information Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) VI- MILAN 15LANV 1. Describe the use for which this special use permit is being requested: See Attachment B "Supplemental Information" 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. (Attach additional pages, if necessary) See Attachment B "Supplemental Information" 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is similar in nature and compatible with the uses allowed in such district. (Attach additional pages, if necessary): See Attachment B "Supplemental Information" 4. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Nee Attachment U "Adjacent Property Owners" Attachment A - Description of Proposed Activity Avery Way Apartments Senior living with services (55 years and older restricted) The project is designed to accommodate independent living tenants of 55 years of age or disabled of any age. The project is programed for 89 units that include 6 two bedroom units and 83 one bedroom units. Unit sizes are anticipated to be 750 square feet for the one bedroom units and 850 for the two bedroom units. Two bedroom units will have two full baths. This design will accommodate associated couples, brothers or sisters. The facility will have community spaces: Library Dining and community area Gaming area Computer Room Private meeting / exam rooms (we anticipate having general checkup available for eye, hearing and general health) Exercise space Administration office Services that will be optionally provided will be: Transportation Social Services Personal assistance Medication Reminders Meals Housekeeping Laundry Other (as tenants require) The design of the facility and its location address the needs of the proposed tenants quite nicely. The location provides nearby: Banking Public transportation Grocery Pharmacy Multifamily affordable senior (55 +) housing: The site is zoned CG (Commercial general). The code permits any permitted use that's allowed in the RM -8 multi - family zoning district to be in the CG commercial district. Therefore, multi- family housing is a permitted use on this site. The site must meet size, intensity of use and dimensional criteria of the CG district, but is limited to 8 units per acre per the RM -8 requirements. However, the code provides the opportunity for a density bonus (from 8 - up to 12 units per acre) if the project is a qualified affordable housing project [56- 2- 6.4(36a)], and if the site is zoned CL. Therefore, since this site is zoned CG (not CL), this site can only receive a density bonus if it receives approval for a Special Exception. This approval requires staff review, P &Z hearing for recommendation, and city council hearing for approval. It will ONLY qualify if the project is a Qualified Affordable housing project (state or federal funded). Page 1 of 2 Attachment A - Description of Proposed Activity Affordable Housing — Florida Housing Finance Corporation Avery Senior Living is proposing 91 units of Affordable Housing utilizing 4% Tax Credits and Tax Exempt Bods authorized by the Florida House Finance Corporation. Background The Housing Credit (HC) program provides for - profit and nonprofit organizations with a dollar - for- dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation, substantial rehabilitation, or new constriction of low and very low income rental housing units. Eligible development types and corresponding credit rates include: new construction, nine percent (9 %); substantial rehabilitation, nine percent (9 %); acquisition, four percent (4 %); and federally subsidized, four percent (4 %). A Housing Credit allocation to a development can be used for 10 consecutive years once the development is placed in service. Qualifying buildings include garden, high -rise, townhouses, duplexes /quads, single family or mid -rise with an elevator. Ineligible development types include hospitals, sanitariums, nursing homes, retirement homes, trailer parks, and life care facilities. This program can be used in conjunction with the HOME Investment Partnerships program, the State Apartment Incentive Loan program, the Predevelopment Loan program, or the Multifamily Mortgage Revenue Bonds program. Each development must set aside a minimum percentage of the total units for eligible low or very low income residents for the duration of the compliance period, which is a minimum of 30 years with the option to convert to market rates after the 14th year. At least 20 percent of the housing units must be set aside for households earning 50 percent or less of the area median income (AMI), or 40 percent of the units must be set aside for households earning 60 percent or less of the AM I. Since its inception in 1987, Florida Housing's Housing Credit program has allocated over $201 million in housing credits toward the production of more than 53,000 affordable rental units. Page 2 of 2 Attachment B - Supplemental Information Qualified affordable housing [56- 2- 6.4(36a) at a maximum density of 12 units per acre. This use is typically a permitted use in the CL district but not the CG district. 2. The property is surrounded by commercial retail and industrial development (Publix shopping center to the east, Walgreens to the southeast, FEC railroad to the west, and industrial property adjacent to the FEC railroad further west). Permitting of this senior affordable housing (considered a low intensity use) adjacent to these existing uses (considered a more intense type of use) is not expected to affect the public safety, health or general welfare, or cause harm to these properties. Rather, the specific adjacent existing uses are compatible and complimentary to the senior housing: - Publix Grocery Store, SunTrust Bank, hair salon, Walgreens Pharmacy and several restaurants within walking distance (east, south east). - Social /Fraternal organization (with primarily older aged members) is within walking distance (west). - Storage facilities providing opportunities for seniors' cars, RV's, boats, or other incidentals are nearby (west). - Public transit stops exist within walking distance at the adjacent Publix shopping center, which provides travel opportunities to almost all important destinations within Indian River County. Further, the location of this project is not within the immediate vicinity of other senior and /or affordable housing developments and is near other types of residential uses, including single family, unrestricted multi - family, and mobile home communities. This assists the City in maintaining a diverse mix of residential uses throughout the municipality. 3. Multi- family senior housing is permitted within this district but limited to 8 units / acre in lieu of 12 units / acre. The proposed use with the 12 unit / acre density bonus is permitted within the CL district, which is a similar but less intense commercial zoning. The applicant and staff cannot determine why this differentiation was made in the code, but at previous meetings, the applicant and staff agreed that the use at this location is compatible and complimentary to the adjacent uses. Qualified affordable senior housing is a sensible use for this site at this location.