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HomeMy WebLinkAbout02-26-2014 BOA AgendaCOMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 26, 2014 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Meeting of December 2, 2013 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI - JUDICIAL PUBLIC HEARING: TODD HOWDER OF MBV ENGINEERING, AS REPRESENTATIVE FOR THE OWNER, MICHAEL IUNZLEY, IN REGARDS TO PROPERTY LOCATED AT 13085 U.S. I IS REQUESTING THE FOLLOWING VARIANCES: 1. PER SECTION 54- 2- 5.4.(d)(5), A REDUCTION OF THE REAR YARD SETBACK ALONG THE WEST PROPERTY LINE FROM 30 FEET TO 20 FEET. 2. PER SECTION 54 -3 -15.2, A REDUCTION OF THE REQUIRED PARKING FOR AN ASSISTED LIVING FACILITY FROM 52 SPACES TO 44 SPACES. 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 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 THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. 1 of 22 alYOF JESA AN HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT MONDAY, DECEMBER 2, 2013 6:00 P.M. 1. Mayor McPartlan called the Board of Adjustment Meeting to order at 6 pm. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: Present: Mayor Bob McPartlan Vice -Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Attorney, Robert Ginsburg City Manager, Al Minner City Clerk, Sally Maio Community Development Director, Joseph Griffin Planner, Jan King 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: Meeting of November 20, 2013 MOTION by Mr. Adams and SECOND by Ms. Coy to approve the November 20, 2013 Minutes. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 6. OLD BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING (deferred from November 20, 2013): SEBASTIAN INLET MARINA & TRADING CO. In Regards To Property Located At 1615 Indian River Drive To Be Developed As A 16 -Unit Motel, Is Requesting The Following Variances: 1. Reduction of the side yard setback along the north property line from 5 feet to 2.5 feet. 2. Reduction of the front yard setback along Indian River Drive from 10 feet to 5 feet. 3. Reduction of the perimeter landscape strip along the north property line from 10 feet to 2.5 feet. 4. Elimination of the hedge requirement along the north property line. 5. Reduction of the drive aisle width from 25 feet to 21 feet. 6. Reduction of the parking stall length of the standard and handicapped spaces from 20 feet to 19 feet. Mayor McPartlan opened the public hearing at 6:01 pm. This hearing was opened on November 20, 2013 and deferred to December 3, 2013 by motion of City Council. 2 of 22 Board of Adjustment Meeting December 2, 2013 Page Two The City Attorney read the variance title as set out in the title A. 1 -6 above and said this is a quasi - judicial hearing. Mayor McPartlan called for disclosure of any ex -parte communications by Council. Ms. Coy said she had received a call from Mr. Collins who wanted to discuss the issue and get together to discuss the issue. She said they did not get together and did not discuss the issue over the phone. Mr. Adams said he similarly received a call from Mr. Collin but did not speak to him either in person or on the phone. Mr. Gillmor, Mr. Hill and Mayor McPartlan said they met and spoke with Mr. Collins on the property. The City Attorney, in light of disclosed ex -parte communications, asked those who met with Mr. Collins on the property, if they could judge this application on the merits, and base their decisions strictly on the materials in the file and upon evidence and testimony before them tonight. Mr. Gillmor, Mr. Hill and Mayor McPartlan all responded in the affirmative. The City Clerk swore in all those who intended to offer testimony during the hearing. The Community Development Director said Planner, Jan King would present staff analysis. Ms. King said there are six variances to consider, that the staff report provided history of the project which includes previous variances on this property, but only one of substance in 2000 when the original hotel was approved for a landscape variances that dealt with the number of palms and hardwoods required., She said staff has outlined the criteria required for variances on pages 4 -6 of the staff report, that staff held several meetings with Mr. Collins to discuss his points and then outlined those:bullet pointsin the report. She asked that Council have Mr. Collins conduct his presentation for the requested variance. Tom Collins, applicant, said this project goes back to 2006 when they first envisioned a three story building,with 24 units, that parking is not an issue because there is sufficient parking. He said they have revisited the project in the last year and have consulted with City staff and with neighbors, Oyster Bay and Oyster Pointe Association, who like the idea of a two story building. He said in regard to the setbacks, which are normally put in place to keep distance between buildings, the west setback was left at ten feet because they are abutting Oyster Pointe, the north setback abuts a 50 foot FDOT right -of -way and if by moving the building slightly to the north by reducing that setback from 5 to 2.5 feet will allow them to put in two rows of parking in and in consulting with staff, if we make the stalls slightly smaller it will provide more parking and the more parking the better, the building would be 52.5 feet away from any other building, and there are no objections from those neighbors. In regard to the east setback along Indian River Drive, he cited no need for curb and gutter which would have reduced the setback to zero, and asked that the setback be reduced from ten to five feet. He said that setback is next to the road so no one is being affected, and is where the City is putting in parking so it works out well. As to the issue of trying to get as much parking as they can, providing 14 to 20 spots allows someone staying there to park there. He said they did not want to encroach upon their own thoroughfare and push this building to the south, and by doing 2 3 of 22 Board of Adjustment Meeting December 2, 2013 Page Three that they keep the main thoroughfare, and parking will strictly be for in and out and it will not be a thoroughfare. He said they can get parking on both sides, even though they are not required to provide it, which is part of the difference on the size of spaces. He said they could have complied with 10 X 19 spaces but they have had nine foot spaces all over their property and have not had any issues with them. He said their neighbors do not want through traffic. Mr. Collins said the other variance is for landscaping, citing the hedge requirement on the north side, and from a practical standpoint the hedge would be below the elevation of the building, and he was requesting instead to put in high bushes to make it more attractive, which the neighbor likes better, and will give more privacy between units. He said they will put in the normal hedge along the roads and other normal requirements. He said in summary they have worked closely with their neighbors, noting there are letters of no objection from them in the file, said they have to go through all requirements of Planning and Zoning which is where the more extensive landscaping review will come in as well as drainage, hoped this would be an economic boon, and was open to questions. Council asks auestions of the applicant and staff Ms. Coy clarified the complete site plan will come back to Planning and Zoning, and Mr. Collins said that is correct, and Ms. Coy asked that is when drainage will be addressed. Mr. Collins said those plans have been submitted to staff and are being reviewed. Ms. Coy said she had several members of the public call with her with concerns about drainage. Mr. Collins said that will be addressed by P &Z. Mavor opens the floor for anyone in favor of the request None. Mavor opens the floor for anvone opposina the reauest Ruth Sullivan, .1215 IR Drive, Sebastian, said these are six requests to lower Sebastian's building requirements, to replace three units with a 16 unit hotel on only 1/3 acre of land. She said she has seen open space on Riverfront reduced, understands the petitioner wants to profit but it should not be at the expense of wildlife and our river, said experts cite contaminated runoff from rooftops, paved parking lots, and leaching into the aquifer, said we are looking at the continued death of the Indian River, stating this proposal is destructive overdevelopment and adding to the pollution of our river. She said anyone wanting to protect the lagoon cannot approve any part: of this proposal Sal Neglia said we don't need another hotel, the riverfront is getting so crowded that Sebastian is not a fishing village anymore, that as to these six requests, Council needs to watch out for the people of Sebastian and keep an eye out for them, that this is not for the people and it is crowded as it is. Bill Simmons, Drawdy Way, Sebastian, member of Planning & Zoning Commission for seven years, said in working with the codes and overlay district, that the codes were enacted for a reason, and he had a general opposition to the number of exceptions that are being sought, noted it has been said there is already sufficient existing parking, and the codes don't address different setbacks based on what is abutting. He said he did not know how Council was going to vote, whether item by item or all at once, so he debated on whether to address each one or just generally speaking and thanked them for listening. 3 4 of 22 Board of Adjustment Meeting December 2, 2013 Page Four Joann White, Sebastian, asked how many employees work at Captain Hiram's and where do they park when they do work, and said her other concern is that she had been through the parking lot in the last week or two and there seem to be employees parking there, and asked, if the hotel is there, is the access to the hotel only on Indian River Drive. She said she asks this because she visited there and tried to leave the parking lot and because of the City angled parking, could not see out and had to get into the road to actually see. She said she sees this as a bottleneck, that she loves Captain Hiram's and supports it, but it has become a really congested area and people are always looking for parking spots. Applicant provided opportunity to respond to issues raised by staff or public Mr. Collins said the property is zoned to allow 16 units, which staff can confirm, said Mrs. Sullivan went on about drainage and open space, which he said were certainly valid concerns but are addressed before P & Z and State law requires runoff has to be retained on -site and they support that. He said as to employee parking, they are the only property along Indian River Drive that has adequate parking with 45 additional spots than what they are required to have, and have designated parking area for employees. He said the in and out issue is not going to change, that they have the right to put in the driveway, though it is a good point about cars backing out there, because they do have some issues now with the City angled parking and have put up signs for pedestrians to look both ways when crossing the crosswalk. He said they can't regulate whether people park in that lot who are not staying there, or if the general public parks in his lots. He said parking is always an issue, staff thought it was a good idea to ask for these variances and end up with 20 spaces ratherthan 11. Mr. Gillmor said Ms. White made a good point, it is a very congested area, and asked Mr. Collins where people check in. Mr. Collins said they check in at the main office off of the highway, and Mr. Gillmor suggested he could make the entrance to the new building right off his own parking area rather than have a separate entrance from Indian River Drive. Mr. Collins <said they did look at that but would lose six parking spaces by doing so, did not want to create; backing in and out of the thoroughfare, engineers didn't like the idea and he did not like the idea and would lose quite a few parking lots. Mr. Gillmor said if he closed that other entrance he would get more parking spaces there. Mr. Collins said again the engineers and he did not like the idea, and did not want to affect their existing thoroughfare. Mr. Collins said they vary from 150 to 200 employees, with 35 -40 at peak, and at any given time there are 20 to 25'cars.parked, and that there is designated parking though it is hard to enforce. The Community Development Director said Mr. Collins explained his position better than any of us could, that Jan King did a great job explaining criteria and staff did great job in sitting down with Mr. Collins explaining the variance criteria and that is why we are here tonight for Council consideration. Mayor McPartlan asked if they were zoned for 16 units on that property, and the Community Development Director said they were because they have the square footage, so it would fit. He said the variance issue has to do with something else. Mr. Gillmor asked the Community Development Director whether they have permission to build because that building is part of the total acreage they have and is it normal to put 16 units on 1/3 acre. 4 5 of 22 Board of Adjustment Meeting December 2, 2013 Page Five Jan King said Mr. Collins mentioned density, but it is not a density number that we are looking at here but rather intensity, which is square footage of impervious surface on the property, and if he can provide parking, our standards dictate one parking space per unit, but as long as his square footage or the footprint of the building can fit on the property and he can still provide the mandatory open space that is required, he can put in as many units as he would like to. Ms. Coy asked for clarification that he is not exceeding the square footage, and Ms. King said she was sure he was not and that is something that will be addressed at site plan. Ms. Coy asked Mr. Griffin if this initiative can be considered an economic development improvement, in looking at variances, is it economically enhancing that property in our riverfront. The Director Community Development said he believed it was. He said it is a judgment call, said was it a trade -off between what was brought up here tonight or pure economic development, it is a combination, but if it were up to him he really believed it would be an economic development initiative with more jobs and more exposure. Ms. Coy said parking is premium down there and by granting variances we.are giving him more parking, there are no objections from immediate neighbors,. which would have been of great concern, noting Mr. Collins said neighbors to the west had a concern so they are not infringing on that setback to the west. She said it would be difficult to say no to this because we are trying to economically develop the area. Mr. Adams said in looking at the variances, it;seems like this is mostly to encourage economic development and having the letter from neighbor being in agreement it did not seem like it was adversely impacting and would have no problem with this. Mr. Gillmor asked the City Attorney if we have a requirement for the City to notify property owners and the City Attorney answered yes. Mr. Gillmor asked to whom, and Ms. King said to all property owners within.a 300 foot radius to the site, and they were sent out for the first hearing and again for this deferred hearing.;;Mr. Gillmor asked if they were sent out to each timeshare owner and Ms. King said no, that the letters go to the management company of Oyster Pointe, noting,each unit is owned by 52 owners and there are over 200 units, and the code provides that the letter goes to the management of the association. Mr. Gillmor said he had several issues, the property is less than 1/3 acre, had three units on it before the hurricanes, and are now squeezing in 16 units, with parking spots, we are going from 50% semi permeable drainage to only 14% semi permeable ground, and it requires six variances for it to be built. He said he asked Ms. King today could this be developed in a way that would mirror the unit across the street that he owns that is 14 units, and not require variances and she said it was possible. He said what we are looking at is too much, and if just designed properly for a 14 unit hotel, without changing laneage or size of parking spots, we wouldn't be here. He said he spoke with our engineer, Frank Watanabe this morning, and he had done some stormwater calculations on a 1/a acre lot, and he was surprised that a16 unit hotel could go on that site. He said three inches of rain on 12,000 square feet would generate 4000 cubic feet of stormwater or 30,000 gallons, going into the lagoon. He showed a picture showing a pipe going into a pit on FDOT property (see two photos provided by Mr. Gillmor to Council members and staff attaches!). He said the pipe comes from the Captain Hiram's resort and when the retention area is full it goes there. He said this project as developed will add more problems than we can shake a stick at, with another entrance off of Indian River Drive there are three entrances to this resort, and with on street parking that the City put in, is very problematic. 6 of 22 Board of Adjustment Meeting December 2, 2013 Page Six He said there is a way to fix this but the developer said he would lose six spots, and said he can't support this the way it is, wants to see economic development, but not at the expense of the lagoon. He said this is putting that building almost right to the street, 25 feet is pretty high and is a pretty good sized building on Indian River Drive, and the character of the street will be changed by this building. He said he can support it on a smaller scale, but to have six variances, said we have seen things that come to us, citing Paradise Marina which wanted one variance and we denied it, and here we have six. Mr. Hill said we should take every variance request based on the merits of that request. He asked staff can they put a building on here with a parking lot and the Community Development Director answered correct. Mr. Hill said at site plan the drainage issues will be dealt with as will impervious surface issues for the entire property, and those issues are not being dealt with here. He said the north 50 setback he had no problem with, the east is a five foot reduction, said the building will be thirty feet from the road so he had no issues with that. He said this property provides high quality, was comfortable with the fact`that Oyster Pointe supports it and they have to go to P & Z for other issues. He said that the other entrance has been in place for years and has zero to do with the variances we are looking at tonight. He said the only concern he would have is safety. He asked if any of these variances raise any public safety concerns to staff. The Community Development Director said he was not concerned about size of stalls, but maybe the reduction of the drive aisle from 25 feet to 21 feet with two -way traffic might be an issue but as far as safety, that would not be a concern. Mr. Hill said they are the ones who need to provide convenience to their customers. The Community Development Director said the drive aisle and making that turn with traffic coming from the north, though that could happen in other places as well, and maybe Mr. Collins can cure that with, appropriate signage. Mr. Hill said any variances we are discussing tonight don't fix that problem. Mayor McPartlan said he was in agreement with the majority that this is an economic development plan and drainage and other concerns will go before Planning and Zoning, there are no safety issues with the variances being requested. Mayor McPartlan called for a motion. MOTION by Mr. Hill and SECOND by Ms. Coy for approval of all six variance requests. Roll Call: Ayes: Hill, Adams, Coy, McPartlan Nays: Gillmor Passed: 4 -1 7. NEW BUSINESS: None 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: Ms. Coy reminded everyone about the Saturday, December 7`h Salvation Army bell ringing day at Walmart where all money taken in stays here in Sebastian and goes to the North County Hunger Relief Coalition. Mayor McPartlan announced the Christmas parade on Saturday, December 7`h at 6 pm and the Chamber Light Up Night Friday night. 10. STAFF MATTERS: None 11. Being no further business, Mayor McPartlan adjourned the Board of Adjustment Meeting at 6:54 p.m. 31 7 of 22 1. 2. 3. 4. 5. 6. 7. Growth Management Department Variance Application - Staff Report Project Name: Requested Action: Sebastian Assisted Living Facility (a) Variance from Section 54- 2- 5.4(d)(5) — Reduction of rear yard setback along the west property line from 30 feet to 20 feet. (b) Variance from Section 54 -3 -15.2 — Reduction of the required parking from 52 spaces to 44 spaces. Project Location a. Address: 13085 U. S. 1 b. Legal: A portion of Lot 20, Town of Wauregan subdivision. Full legal description is on file. Project Owner: Michael Kinzley John Schmerein 6905 Crystal Falls Drive Plano, TX 75024 (214) 669 -1580 Project Agent Todd Howder MBV Engineering Project Engineer: Aaron Bowles, P.E. MBV Engineering, Inc. 1835 20' Street Vero Beach, FL 32960 772 -569 -0035 Project Surveyor: Steve Cartechine. L.S. Indian River Survey, Inc. 1835 20" Street Vero Beach, FL 32960 772 -569 -7880 8 of 22 8. J Project Description: a. Narrative of proposed action: The subject property is proposed to be developed as an assisted living facility by Watercrest Senior Living Group, LLC. The requested 10' reduction to the rear setback, from 30 feet to 20 feet is to allow greater buffering from U.S. 1. The project is designed as an 87 -bed facility. The standard parking requirement is 0.6 spaces per bed, which is proposed to be reduced to 0.5 spaces per bed, reducing the parking spaces from 52 to 44 spaces. This is requested to provide more open space while still providing adequate parking in accordance with industry standards and their actual operational needs. b. Current Zoning: CR (Commercial Riverfront) C. d. Adjacent Properties: Site Characteristics (1) Total Acreage: 3 acres (2) Current Land Use(s): vacant (3) Water Service: public water (4) Sanitary Sewer Service: public sewer Staff Comments: The applicant has provided a conceptual site plan, and outlined the requested variances in an attachment to their application. Staff has analyzed the variance request based on the location of the property, existing and future conditions affecting the surrounding properties, and research of parking standards. The attached Board Criteria for Determining Variances outlines the staff findings. 2 9 of 22 Zoning Current Land Future Land Use Use North: CR Shady Rest Mobile RMU Home Park East: CR medical office RMU South: PS St. Sebastian INS Catholic Church West: CR Shady Rest Mobile RMU Home Park Site Characteristics (1) Total Acreage: 3 acres (2) Current Land Use(s): vacant (3) Water Service: public water (4) Sanitary Sewer Service: public sewer Staff Comments: The applicant has provided a conceptual site plan, and outlined the requested variances in an attachment to their application. Staff has analyzed the variance request based on the location of the property, existing and future conditions affecting the surrounding properties, and research of parking standards. The attached Board Criteria for Determining Variances outlines the staff findings. 2 9 of 22 10. Board Criteria for Determining Variances: See attached analysis. 11. Staff Recommendation: Regarding Sebastian Assisted Living Facility at 13085 U.S. 1, staff offers the following recommendations: a. Approve variance from Section 54- 2- 5.4(d)(5), reducing the required 30 -foot rear yard setback along the west property line to 20 feet, conditional upon the installation of a Type A buffer along said property line, enhanced with 16 -foot canopy trees planted at 25 -foot intervals. b. Approve variance from Section 54 -3 -15.2, reducing the required parking from 52 spaces to 44 spaces. 12. Board Action: Conduct quasi-judicial hearing to consider the requested variances. Prepared by 2 -iY// Date 3 10 of 22 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54 -1 -2.5 Two variances have been requested as follows: (1) Variance from Section 54- 2- 5.4(d)(5) — Reduction of rear yard setback along the west property line from 30 feet to 20 feet. (2) Variance from Section 54 -3 -15.2 — Reduction of the required parking from 52 spaces to 44 spaces. In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. (1) Rear yard setback: The minimum rear setback in the Commercial Riverfront (CR) zoning district is "10 feet, except 30 feet when abutting a residential district or use ". The abutting property to the west is part of the Shady Rest Mobile Home Park which is a residential use, even though it is also zoned CR. At the time Shady Rest was annexed, the owner entered into an agreement with the city to keep the mobile home park open for a minimum of five years. He would then have the option to continue that use for an additional five years. At the end of the (total) ten year period, per the agreement, the residential mobile home use must terminate. The mandatory five -year mobile home use expired on June 10, 2013. The optional five -year period will expire on June 10, 2018, at which time the Shady Rest property will no longer have a residential use. At this time, the rear setback must be 30 feet, but in four years that will be reduced to 10 feet. This is a unique situation which has a profound affect on the development of the subject property. Meets Standard Yes No ❑ (2) Reduction of parking spaces: City code requires "0.6 parking spaces per bed based on maximum capacity of the building". The proposed assisted living facility is designed for 87 beds which will require 52 parking spaces. The applicant is requesting the required parking calculation to be reduced to 0.5 parking spaces per bed which equates to 44 parking spaces. This is consistent with other 4 11 of 22 facilities owned by Watercrest Senior Living Group and well in excess of their actual operation requirement. Additional information has been provided by the applicant from the "Parking Generation, 4`" Edition, by the Institute of Traffic Engineers" which states that 0.41 spaces per bed is reasonable. Indian River County code requires 0.5 spaces. Staff has also referred to the "Parking Standards, by the American Planning Association" which provides standards required in other communities throughout the country. Most standards are listed at 0.5, 0.33, and 0.25 spaces per bed. One was shown at 0.75, with a provision that it could be adjusted by P &Z or City Council. Staff believes that our code is out of line with industry standards and needs to be reduced to 0.5 spaces per bed. Meets Standard Yes No ❑ b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. (1) Rear yard setback: There is a unique situation regarding the residential use of the property to the rear. The annexation agreement stipulates that the residential mobile home use must terminate in four years which will automatically change the rear setback from 30 feet to 10 feet. Applicant is requesting relief now to reduce the rear setback to 20 feet. Meets Standard Yes P--' No ❑ (2) Reduction of parking spaces: Applicant is requesting reduction of the parking standard from 0.6 to 0.5 spaces per bed to be in line with industry standards. Meets Standard Yes U-,-' No ❑ C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. (1) Rear yard setback: Changing the setback now would not be a special privilege. Granting of this variance will only accelerate the setback reduction already scheduled to happen in four years. Meets Standard Yes P" No ❑ 5 12 of 22 (2) Reduction of parking. spaces: Staff research confirms that our code requirement of 0.6 spaces per bed is excessive. A reduction to 0.5 spaces per bed will be consistent with industry standards and Indian River County code. Meets Standard Yes No 0 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. (1) Rear yard setback: The 30 -foot rear yard setback creates significant design problems for the proposed project. Asking the project to be put on hold for an additional four years before the setback changes would create an undue hardship for the applicant. Meets Standard Yes ©� No ❑ (2) Reduction of parking spaces: The low intensity of an assisted living facility does not require as much parking as City code mandates. A reduction in the number of paved parking spaces will allow for enhanced courtyards and green areas. The conceptual plan provided shows perimeter landscaping, but is not the fully developed landscape plan. The applicant intends to have heavy landscaping around the perimeter of the site. The interior landscape areas will provide attractive vistas for the pleasure of the residents and their guests. Meets Standard Yes No 0 e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. (1) Rear ,yard setback: The rear yard setback is currently 30 feet. When the Shady Rest agreement terminates in 2018, the rear setback will become 10 feet, a 20 -foot reduction. The applicant is asking for a partial reduction at this time in the amount needed to make their design work. Meets Standard Yes Ew� No 0 6 13 of 22 (2) Reduction of parking spaces: The applicant will provide 44 spaces on the site, meeting common industry standards as well as Indian River County code. Meets Standard Yes LAY No ❑ f. Not incurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (1) Rear yard setback: City code requires a Type A buffer to provide protection between residential and commercial uses. The Type A buffer consists of a solid opaque screen to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The applicant has offered to fiuther enhance this buffer by providing larger 16 -foot canopy trees planted at 25 foot intervals and a continuous 6 -foot hedge. Meets Standard Yes C+-� No ❑ (2) Reduction of parking spaces: The requested reduction in parking will have no effect on the public. It will, however, provide additional green landscape areas for the enjoyment of the residents of the assisted living facility and their guests. Meets Standard Yes No ❑ 9. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. (1) Rear yard setback: Staff recommends the approval of this variance to allow a reduction in the rear yard setback from 30 feet to 20 feet, with the following condition: a. Rear (west) property line must provide a Type A buffer, enhanced with 16 -foot canopy trees planted at 25 -foot intervals. Meets Standard Yes P"' No ❑ 7 14 of 22 (2) Reduction of parking spaces: Staff recommends approval of this variance to reduce the parking spaces required for the 87 -bed facility from 52 spaces (0.6 per bed) to 44 spaces (0.5 per bed), with no additional conditions. Meets Standard Yes P-' No ❑ h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. (1) Rear yard setback: None proposed. Meets Standard Yes [�-' No ❑ (2) Reduction of parking spaces: None proposed. Meets Standard Yes V--- No ❑ i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. (1) Rear yard setback: The request is not a use - related variance. Meets Standard Yes [lam No ❑ (2) Reduction of parking spaces: The request is not a use - related variance. Meets Standard 8 Yes Q� No ❑ 15 of 22 arrm Permit Application No. g� City of Sebastian HOME Of PELICAN ISLAND Development Order Application Applicant If not owner, written authorization notarized from owner is required) Name: MR. TODD HOWDER — MBV ENGINEERING Address: 1835 20TH STREET, VERO BEACH, FL 32960 Phone Number: ( 772 ) 569-0035 FAX Number: ( 772) 778-3617 E -Mail: toddh @mbveng.com Owner If different from applicant) Name: MR. MICHAEL KINZLEY — TREASURE COAST RESTAURANTS Address: 6905 CYRSTAL FALLS DRIVE; PLANO, TX 75024 Phone Number:( 214 ) 669 - 1580 FAX Number: ( 972 ) 370 - 7970 E -Mail: mike.kizley @gmail.com Title of permit or action requested: Variance 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): Sebastian Assisted Living Facility (ALF) B. Site Information Address: US Hwy. 1, Sebastian, (north of St. Sebastian Church) Lot: 20 Block: Unit: Subdivision: Town of Wauregan Indian River County Parcel #: 30- 38- 21- 00001 - 0000 - 00020.1 Zoning Classification: CR Future Land Use: RMU Existing Use: VACANT Proposed Use: ASSISTED LIVING FACILITY (ALF) C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): REDUCE THE WESTERN BUILDING SETBACK FROM 30 FT TO 20 FT AND REQUEST A PARKING REDUCTION OF 8 SPACES FROM 52 TO 44. DATE RECEIVED: Z /J� /1 FEE PAID: $ 1715-'00 CK'A-- 13 N RECEIVED BY: 1— 16 of 22 Permit Application No. D. Project Personnel: Agent: Name: TODD HOWDER - MBV ENGINEERING Address 1835 20TH STREET, VERO BEACH, FL 32960 Phone Number: ( 772) 569 -0035 FAX Number: ( 772 ) 778 -3617 E -Mail: toddh @mbveng.com Attorney: Name: THOMAS R. SULLIVAN — LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A. Address: 215 NORTH EOLA DRIVE Phone Number: ( 407) 418 - 6680 FAX Number: ( 407 ) 843 - 4444 E -Mail: thomas.sullivan @lowndes- law.com Engineer: MBV ENGINEERING, INC. Name: MR. AARON BOWLES, P.E. Address 1835 20TH STREET; VERO BEACH, FL 32960 Phone Number: ( 772 ) 569 - 0035 FAX Number: ( 772) 778 - 3617 E -Mail: mbveng @mbveng.com Surveyor: INDIAN RIVER SURVEY, INC. Name: MR. STEVE CARTECHINE, LS Address 1835 20TH STREET; VERO BEACH, FL 32960 Phone Number: ( 772 ) 569 - 7880 FAX Number: ( 772 ) 778 - 3617 E -Mail: stevec @indianriversurvey.com I, TODD HOWDER 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 THAT ALL THE INFORMATIO MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KN W E A ELIEF. SIGNAYURE '` 1 DATE SWORN TO AND SUBSCRIBED BEFORE ME BY 1�d 1 -koyy fC WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 4 DAY OF , 20/�. NOTARY'S SIGNATURE �ayaat PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: JESSICAHAIMIONS V MY COMMISSM # EE 003307 EXPIRES: October 22, 2014 Bonded PHU Notary Pub@c Undewttem 17 of 22 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. IIWE, _ THE OWNER(S) / X 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 PLANNING & ZONING 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 ONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES NY PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE C TY OF SEBASTIAN. GNATURE DAT Sworn to and subscribed before me by TOM N-OWCer who is personally known to me or produced as identification, this -- day of Fevar ucAY.1 20 I q . Notary's Signature �L�u;� Printed Name of Notary Commission No. /Expiration Seal: 18 of 22 �,pc� " "'''• JESSICA HAWKINS W COMMISSION # EE 003307 D(PIRES: October 22, 2014 Ttuu Notary Public Und writers Bonded 18 of 22 Permit Application No. arcs HOME OF PWCAN ISMID Supplemental Information Application to the Board of Adjustment X 1. This application is for a (check one): X variance(s) appeal(s) X 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): SECTION 54-2-5.1(d)(5) & SECTION 54 -3 -15.2 X 4. Attach the following: X a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right -of -ways. X b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. X c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. 19 of 22 SEBASTIAN ALF VARIANCE REQUEST Item 4(b). — Additional Information: Building Setback Reduction: This variance request is being submitted in order to develop a senior living facility containing memory care and /or assisted living facilities and services. The facility will be designed to be aesthetically pleasing and an enhancement to the area. The facility will be developed and operated by Watercrest Senior Living Group, LLC ( "Watercrest "). Watercrest has extensive operational experience with these facilities, and strongly believes in providing a high quality of care for residents of the facility. The variance request is for a 20 foot setback on the rear /western side of the property in lieu of the required 30 feet. The variance is needed in order to develop the facility due to the orientation of the site in relation to Watercrest's proposed improvements. The proper layout of the site is crucial in providing this environment to its residents and the requested variance, will allow for a little more buffering from US #1. Additionally, the rear /western property abuts an existing commercially zoned parcel that is currently used for residential purposes (the "Shady Rest Parcel "). Within three (3) years, the Shady Rest Parcel will revert to its underlying commercial zoning designation at which time the required buffer on the rear /western side of this property would be reduced to a 10 feet. The requested 20 foot setback would then exceed the 10 foot requirement. Parking Space Reduction: City of Sebastian code requires .6 spaces /unit which would result in a need for 52 parking spaces. The current concept plan depicts 44 parking spaces therefore a parking variance of 8 spaces is needed. Information from the ITE Parking Generation, 4th Edition suggests that a rate of .41 spaces per bed is reasonable in an assisted living facility. This would result in a requirement of only 35 parking spaces. Given the low intensity nature of an assisted living facility, the proposed 44 spaces are well in excess of the actual operation requirement. Finally, .5 parking spaces /unit is consistent with Watercrest's other assisted living facilities and adequately meets the parking needs of these facilities. 0210053\159484 \1555461Q 20 of 22 § 954.05 INDIAN RIVER COUNTY CODE cent of the spaces may be fiilly sodded or offices and administration areas. Other otherwise stabilized as approved by the independent "stand alone" uses (e.g. a public works director. restaurant on an out - parcel) will require (26) Governmental and institutional, frequented parking for the individual use(s) as spec - by the public. One (1) space per two hun- ified in this chapter. dred sixty (260) square feet of gross floor Up to twenty -five (25) percent of the total area. number of required spaces may be fully (27) Group home, including adult living facil- sodded or otherwise stabilized as ap- ities (ALF). One (1) space per two (2) beds. proved by the public works director. Such (27.1) Health and fitness center. One (1) space spaces shall only be those located the per two hundred (200) square feet of build- greatest distance from the buildings) ing area, for any health and fitness center served. without outdoor facilities (e.g. pools, ten- (34) Manufacturing, wholesaling and storage nis courts, etc.). businesses which do not sell over the coun- One (1) space per three hundred (300) ter products to the general public from the square feet of building area for centers premises. with outdoor facilities, plus additional spaces as required based in the type of (a) Single use buildings often thousand outdoor facilities. (10,000) square feet or less shall require one (1) space per five hun- (28) Hospitals, sanitariums and other similar dred (500) square feet of gross floor health care facilities. One (1) space shall area. Am;nimum of four (4) spaces is be provided and reserved for doctors for required. each ten (10) patient beds, plus one space per four (4) patient beds, plus one (1) (b) Single use buildings greater than space per one and one -half (11/2) employ - ten thousand (10,000) square feet ees (total for all shifts), exclusive of doctor shall require one (1) space per five parking spaces. hundred (500) square feet of gross (29) Hotels and motels. One (1) space per rent- floor area for the first ten thousand able room, plus one (1) space for each {10,000) square feet, one (1) space three (3) seats for accessory restaurant or per seven hundred fifty (750) square lounge area. feet of gross floor area for the next ten thousand (10,000) square feet of (30) Junkyard. Junkyards shall require a min - gross floor area, and one (1) space imum of six (6) spaces, and shall require per twelve hundred (1,200) square one (1) space per five thousand (5,000) feet of gross floor area over twenty square feet of junkyard area. thousand (20,000) square feet ofbuild- (31) Laundromats. One (1) space per three mg area. hundred (300) square feet of gross build- (c) Multiple use (business) buildings ing area, or one (1) space per three (3) shall provide one (1) space per five washers, whichever is greater. hundred (500) square feet of gross (32) Libraries and museums. One (1) space per area. three hundred (300) square feet of gross (35) Marinas. One (1) space per three hundred building area. (300) square feet of principal building (33) Malls, regional (developments of regional area plus one (1) space per three (3) boat impact). One (1) space per two hundred storage spaces or slips and one (1) space (200) square feet of gross leasable area, per boat slip designated for live - aboard and including kiosks, food court areas, vessel use. t Supp. No. 92 954/4 21 of 22 M-C, L JO 10 Inms D W M 0 m I- n Z —cnI +n A n C') S n O z m D m Z OW m 1 m � ZZ�w^ ti o 0 XSpq �a NNW m- W orvm y VW"',rq ao W Y o 20Hl1p8 H3LVM W-mmlod v,n,n uwm ,a« xwe a. vai oom, . a),nm a ua,w, uxrs su mwo_ 55-b (ll♦.M'I Y '1.T'ICJ it 'WA]1IM C DrORIS .!) OT'd M - 0)CIVYa Wf01W SYhR K - .D • t7D N - OA / 6 .D - mIR1®I 4001.1 VlVVO ct xi .l lIL iq 1)], 0 ,4•eaa oar P1a, �'OCOOD- 0000- i000D- ,2 -K-O[ f 862,aav aua :+W -.c. aw =r, ics. -w U-4 wr 1utt wwcu Drwnou, u w. amm -,n1 eau -cxro L -ax lut) >ou o,cn rOi10), ra+n ana. 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