planning and zoning commission (p&z) jonathan day … · charles e. rednour-district 1 jens...

PLANNING AND ZONING COMMISSION (P&Z)

Charles E. Rednour-District 1 Jens Tripson-District 3, Vice Chairman Jonathan Day-District 4 Brad Emmons-District 5 Todd Brognano-Member at Large George F. Hamner, Jr.,-Member at Large

Carol Johnson - Non-voting liaison School Board

Sam Zimmerman-District 2, Chairman

The Planning and Zoning Commission will meet at 7:00 p.m. on THURSDAY, September 27, 2012, in the County Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach.

THE PLANNING AND ZONING COMMISSION SHALL ADJOURN NO LATER THAN 11 :00 P.M. UNLESS THE MEETING IS EXTENDED OR CONTINUED TO A TIME CERTAIN BY A COMMISSION VOTE.

ITEM#!

ITEM#2

ITEM#3

AGENDA

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. September 13, 2012

ITEM NOT ON CONSENT

A. Reflections ALF: Request for major site plan approval for an assisted living facility (ALF). Reflections Commercial, LLC, Owner. Sustainable Engineering and Design, LLC, Agent. Located on the east side of US 1 near Schumann Drive, adjacent to the Reflections on the River condominium development. Zoning Classifications: RM-6, Residential Multi Family (up to 6 units per acre) and CL, Limited Commercial. Land Use Designations: L-2, Low Density 2 (up to 6 units per acre) and C/I, Commercial/Industrial. Density: 125 residents/beds on a 6.80 acre project site. (SP-MA-12-08-18 / 2003070312-68598) [Quasi-Judicial]

Re-scheduled from September 13, 2012 meeting

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ITEM#4

ITEM#5

ITEM#6

ITEM#7

ITEM#8

PUBLIC HEARINGS

A. County Initiated Request to Amend the Text of Several Elements of the County's Comprehensive Plan (CPTA-273 / 2012070034-69135) [Legislative]

B. Graves Brothers Company's Request to Rezone± 14.15 Acres from CH (Heavy Commercial District) to CG (General Commercial District) (RZON-2000040226-69324) [Quasi-Judicial]

COMMISSIONERS MATTERS

PLANNING MATTERS

A. Planning Information Package

ATTORNEY'S MATTERS

ADJOURNMENT

ANYONE WHO MAY WISH TO APPEAL ANY DECISION, WHICH MAY BE MADE AT THIS MEETING, WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE ON WHICH THE APPEAL IS BASED.

ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223, AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.

Meeting may be broadcast live on Comcast Cable Channel 27 - may be rebroadcast continuously Saturday 7:00 p.m. until Sunday morning 7:00 a.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.

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::CTcf() 2 A PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, September 13, 2012 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 2?'h Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2012.

Present were members: Vice-Chairman Jens Tripson, District 3 Appointee; Charles Rednour, District 1 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee (arrived 7:03 p.m.); and Todd Brognano, Member-at-Large.

Absent were Chairman Sam Zimmerman, District 2 Appointee; and George Hamner, Member-at-Large (both excused) and Carol Johnson, nonvoting School Board Liaison.

Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Planning Director; John McCoy, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance

Vice-Chairman Tripson called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. He welcomed Mr. Charles Rednour as the new District 1 Appointee to the PZC.

Approval of Minutes

ON MOTION BY Mr. Brognano, SECONDED BY Dr. Day, the members voted unanimously (4-0) to approve the minutes of the meeting of July 12, 2012, as presented.

Vice-Chairman Tripson announced Item #38., Reflections ALF, listed on tonight's agenda had been pulled and rescheduled for September 27, 2012 because the applicant wanted a full Board to be present to vote on the project.

Items Not on Consent:

Vice-Chairman Tripson read the following into the record:

PZC/Unapproved 1 September 13, 2012

A. Toni Robinson: Request for administrative permit approval to construct a park open to the public during daylight hours, to be known as the Toni Robinson Waterfront Trail. Indian River Land Trust, Owner. Knight McGuire & Associates, Inc., Agent. Located on the north side of 79th Street east of US Highway 1. Zoning Classification: RM-6, Residential Multi Family (up to 6 units per acre). Land Use Designation: L-2, Low Density 2 (up to 6 units per acre). (SP-Ml-11-05-08 / 2001120027-66448) [Quasi-Judicial]

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter.

Mr. John McCoy, IRC Senior Planner, reviewed the information contained in his memorandum dated August 20, 2012 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staff's recommendation that the PZC grant administrative permit approval with the condition that the hours of operation for the park/trailhead shall be limited to dawn to dusk.

Dr. Day noted the proposed trailhead opened up hiking into a much larger conservation area maintained by the Indian River Mosquito Control District and the St. John's River Water Management District, and wondered if provisions had been made for a kiosk and maps to assist residents.

Mr. Ken Grudens, Executive Director of the Indian River Land Trust, 931 Starflower Avenue, Sebastian, Florida, related the detailed site plan outlined the concept of a small trailhead kiosk on the property with maps and signage on the adjacent properties. He pointed out the trails were fairly well established, so it was pretty easy for people to find their way around the site and back out again.

ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to approve staff's recommendation to grant administrative permit approval with the condition that the hours of operation for the park/trailhead shall be limited to dawn to dusk.

Public Hearing

Vice-Chairman Tripson read the following into the record:


A. Grace Lutheran: Request to modify a condition of the special exception use approval for the Grace Lutheran child care/pre-school facility, to increase enrollment from 50 to 66 children. Grace Lutheran Church, Owner. Ann Holmes, Agent. Located at the southeast corner of 12th Street and 41 st Avenue. Zoning Classification: RS-6, Residential Single-Family (up to 6 units per acre). Land Use Designation: L-2, Low Density 2 (up to 6 units per acre). (AA-12-08-76 I 96100146-68526) [Quasi-Judicial]

Mr. McCoy reviewed the information contained in his memorandum dated August 20, 2012 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staff's recommendation that the PZC recommend that the Board of County Commissioners approve modifying the child care/pre-school special exception use enrollment cap condition to allow a maximum enrollment of 66 children.

Vice-Chairman Tripson inquired if all the neighbors had been notified of his hearing. Mr. McCoy responded all the neighbors within 300 feet of the property had been notified and staff had not been contacted by anyone.

Mr. Rednour asked if the maximum capacity of the facility was based on the building size. Mr. McCoy related with the State criteria the maximum they could service without doing extensive renovations and significant improvements would be 66.

Vice-Chairman Tripson opened the public hearing at 7:20 p.m., and since no one wished to speak the public hearing was closed.

ON MOTION BY Mr. Emmons, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to approve staff's recommendation to recommend that the Board of County Commissioners approve modifying the child care/pre-school special exception use enrollment cap condition to allow a maximum enrollment of 66 children.

Commissioners Matters

There were none.


Planning Matters

Mr. Stan Boling, IRC Planning Director, advised the next PZC meeting would be held on September 27, 2012 with some County-initiated Comprehensive Plan amendments and the item that was deferred from this evening's meeting. He added at the October 11, 2012 meeting there would be some changes to the IRC Land Development Regulations. He gave an update on action taken by the BCC since the last PZC meeting, with regard to planning matters.

Attorney's Matters

There were none.

Adjournment

There being no further business, the meeting adjourned at 7:17 p.m.

Vice-Chairman Jens Tripson Date

Reta Smith, Recording Secretary Date


INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

XTEn) 3A NOT ON CONSENT (QUASI-JUDICIAL)

TO: The Honorable Members of the Planning and Zoning Commission

Ro ert M. Keating, AI~P; ommu~evelopment Director

THROUGH: Stan Boli~ICP; Planning DirectV ::C\.J FROM: John W. McCoy; Senior Planner, Current Dev~opment

DATE:

SUBJECT:

September 17, 2012

Reflections Commercial, LLC's Request for Major Site Plan Approval for an Assisted Living Facility (ALF) [2003070312-68598 / SP-MA-12-08-18]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of September 27, 2012.

DESCRIPTION & CONDITIONS

At the applicant's request, this item was rescheduled from the Planning and Zoning Commission meeting of September 13, 2012. Staff's report and recommendation for this item are unchanged from the September 13, 2012 meeting packet.

Sustainable Engineering and Design, LLC has submitted an application for major site plan approval on behalf of Reflections Commercial, LLC to construct an adult living facility (ALF), also known as an adult congregate living facility (ACLF). The applicant proposes to construct a 98 unit (125 beds) adult living facility on the east side of US 1 near Schumann Drive, adjacent to the Reflections on the River condominium development. The subject site is zoned CL (Limited Commercial) and RM-6 (Residential Multi-family, up to 6 units/acre). Both zoning districts allow an ALF as a special exception use.

At its regular meeting of December 13, 2011, the Board of County Commissioners (BCC) conditionally approved an application for special exception use approval and a conceptual site plan. The applicant has now submitted an application for major site plan ("final site plan") approval that is consistent with the approved conceptual site plan and special exception approval.

Because the project proposes more than 150,000 sq. ft. of new impervious surface area, Planning & Zoning Commission (PZC) approval of the site plan is required. The PZC is now to consider the major ("final") site plan application.

ANALYSIS

1. Project Area of Development: 6.80 acres or 296,120 sq. ft.

Note: The project area does not include a± .72 acre parcel owned by Oculina Bank that is site plan approved for a future bank facility. All project requirements such as density, floor area ratio

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2.

3.

4.

(FAR), and open space are based on the 6.80 acre project area of development. The 6.80 acre area of development is comprised of several parcels which will need to be unified in order to form a single development parcel. Prior to site plan release, the applicant will need to record a unity of title acceptable to staff.

Zoning Classifications: CL, Limited Commercial (5.28 Acres) RM-6, Residential Multi-Family (up to 6 units/acre) (1.52 Acres)

Land Use Designations: C/I, Commercial/Industrial L-2, Low Density 2 (up to 6 units/acre)

Density: Permitted: 142 Residents/Beds Proposed: 125 Residents/Beds

Note: The density for ALFs is based on a formula provided in 971.28(3) that expresses density in terms of total facility residents/beds rather than dwelling units per acre.

5. Building Coverage & Floor Area Ratio (FAR):

ALF building ground floor foot print: Total floor area all three floors

FAR Maximum= 0.35 FAR Proposed= 0.3497

36,506 sq. ft. 103,600 sq. ft.

Note: The proposed ALF building is three stories tall with three habitable floors, and cannot exceed a floor area ratio of .35 or a total floor area of 103,642 sq. ft.

6. Project Phasing: The ALF will be constructed in a single phase.

7. Open Space: Required: 28.35% Proposed: 47.4%

Note: The required open space is prorated between the RM-6 (40%) area of the site and the CL (25%) area of the site.

8. Impervious Surface Area: 172,456 sq. ft. or 52.6%

9. Stormwater Management: The preliminary stormwater management plan proposes a dry stormwater management tract on the north end of the site with a wet pond just north of that and use of an outfall to the east. The preliminary plan has been reviewed and approved by the Public Works Department. Pursuant to Chapter 930 of the LDRs, a Type "B" stormwater permit will be required prior to site plan release.

10. Off-Street Parking: Required: Provided:

63 spaces 72 spaces

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11. Traffic Circulation: The existing driveway for Reflections on the River is known as South Mirror Lake Drive. That driveway provides access to the Oculina bank site as well as the subject ALF site. As proposed, the bank and ALF will have a single shared access point from South Mirror Lake Drive via a driveway which will run through the bank site. The two sites will also share a rear service driveway which will loop behind the bank and the ALF building. As part of the ALF construction, South Mirror Lake Drive will be widened to provide dual egress lanes ( a thru/left tum lane and a dedicated right tum lane). In addition, the north bound right tum lane on US 1 that services this driveway will be extended.

As shown on the ALF site plan, the applicant is proposing a new driveway connection to US 1 near the northern end of the subject ALF site. That new driveway will be limited to right-in/right-out movements and will be served by a northbound right tum lane along US 1. The tum lanes will need to be constructed prior to issuance of a certificate of occupancy for the ALF facility. Traffic Engineering has reviewed and approved the internal circulation plan, the driveway design and the new driveway connection. Traffic Engineering has also approved the tum lane improvements.

Construction access to the site must be approved through the Public Works Department and can be approved with conditions. Approval of the construction access is required prior to site plan release.

12. Landscape Plan: The landscape plan, which includes an arterial road buffer along the site's US 1 frontage and a local road buffer along South Mirror Lake Drive, meets the criteria of Chapter 926, including the criteria for perimeter areas. Also included in the project is a Type "C" buffer with a 6' opaque feature along the project site's eastern perimeter. Within the east perimeter buffer and adjacent to the ALF building, dumpster area, and rear driveway, the 6' opaque feature will consist of a panel wall that is 6' above the ALF building finished floor elevation, resulting in a wall that is about 8' tall in relation to the adjacent Reflections site. In areas adjacent to the proposed retention area at the north end of the site, the 6' opaque feature will consist of shrubs and understory tree plantings. The wall and landscape improvements, including the buffers and opaque features, must be complete prior to issuance of a certificate of occupancy (C.O.).

13. Utilities: The site will be served by county water and sewer. Connection to public water and sewer services has been approved by the Utility Services Department and the Department of Health.

14. Tree Protection: Currently, there are a number of protected trees on the site. While several protected trees will be removed as part of the construction and will require mitigation, other trees will be retained (preserved), and a number of palms will be relocated on site. For the specimen trees to be removed, environmental planning has approved a fee-in-lieu of mitigation as provided for in the tree protection ordinance. The mitigation fee must be paid prior to the issuance of a land clearing and tree removal permit. Other than tree protection, there are no LDR related environmental issues for this site.

15. Dedication and Improvements:

• USJ Turn Lanes: As noted in the traffic section, the existing north bound right tum lane on US 1 that serves the existing Reflections driveway (South Mirror Lake Drive) will be lengthened. Also, a new north bound right tum lane will be constructed along US 1 to serve the

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new northern driveway to US 1. The turn lanes will need to be constructed prior to the issuance ofa certificate of occupancy (C.O.).

• USJ Sidewalk: There is an existing sidewalk along the site's US! frontage that will need to be maintained as part of the proposed project. Because the proposed turn lane improvements may impact the existing sidewalk, the sidewalk may need to be relocated or repaired as directed by Public Works. The sidewalk improvements will need to be completed prior to the issuance of a certificate of occupancy.

• Bank lot split: The ALF project is located adjacent to a commercial site owned by Oculina Bank, and is designed to accommodate development of the bank site. Until recently, the ALF site and the bank site were a single parcel. Now, that parent tract has been divided into separate ownerships. When the lot split for the bank parcel occurred, the split inadvertently created the parcel without any road frontage. Since the site's CL zoning requires that any lot created have a minimum of 100' of road frontage, the ALF applicant who controlled the original parent parcel has indicated that the lot split issue will be remedied by re-configuring the bank parcel and deeding at least 100' of US Highway I frontage for the parcel, all in a manner consistent with the proposed site plan and meeting county FAR requirements.

During review of the subject site plan, the applicant and staff coordinated with Oculina representatives, and those representatives have indicated they have no objection to the ALF site plan and proposed lot split remedy. Prior to site plan release, the applicant will need to demonstrate to planning staff that the lot split has been corrected to provide at least 100' of road frontage for the bank parcel and that the county's 0.35 FAR requirement is met.

16. USl Corridor: The site lies within the US I Corridor overlay district and is subject to the corridor criteria. Those criteria have special standards for building design, colors, materials, landscape, site lighting, and signage. The site plan is consistent with the US I Corridor criteria.

17. Specific Land Use Criteria for Adult Congregate Living Facilities [971.28(3)]:

The specific criteria for the proposed ALF are addressed as follows:

1. The use shall satisfy all applicable regulations of the State of Florida and Indian River County as currently exist;

Note: The applicant has indicated that the facility will be licensed by the State of Florida. Prior to issuance of a certificate of occupancy (C.O.), the applicant will be required to demonstrate to county staff that the project complies with State regulations for the ALF use. Through the county's development process, conformance with applicable county ALF requirements will be satisfied.

2. The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms ofland use intensity. The maximum allowable land use intensity shall be computed as follows:

a. Regarding single-family zoning districts:

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(number of allowable dwelling units) x (2.5 residents per dwelling unit) x 1.5 = maximum number of residents allowed

b. Regarding multi-family and commercial zoning districts:

(number of allowable dwelling units) x (2 residents per dwelling unit) x 1.5 = maximum number of residents allowed.

In no case shall the maximum number of residents allowed on a project site exceed the average maximum number ofresidents allowed (as calculated by the above formula) on adjacent sites bordering the project site. Averaging for adjacent sites shall be based upon length of the common border between the project site and the adjacent site.

Note: The above referenced formulas were used to calculate the maximum allowable density for the subject 6.80 acre site. That maximum density is 142 residents/beds. The applicant proposes only 125 residents/beds.

3. To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space.

a. Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

b. Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy.

c. Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five ( 5) residents.

Note: The applicant has provided preliminary floor plans that demonstrate that the project meets those criteria.

4. To avoid an undue concentration of group care facilities within residential neighborhoods, all such facilities within residential zoning districts shall be located at least one thousand two hundred (1,200) feet apart, measured from property line to property line, unless exempted as follows. The separation distance requirement and measurement shall not apply to group home or ALF uses involving twenty-one (21) or more residents, where such uses are located on major arterial roadways.

Note: Since the project involves more than 21 residents, is located on a major arterial roadway (US 1), and is primarily commercially zoned, it is not subject to a special separation distance. Therefore, this criterion is satisfied.

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5. If located in a single-family area, the home shall have the appearance ofa singlefamily home. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building.

Note: The site is not located in a single family district. Therefore, this criterion does not apply.

6. If located in the AIR-1 zoning district, the site shall have an L-1 land use designation.

Note: The site is not within the AIR-1 zoning district. Therefore, this criterion does not apply.

7. The facility shall satisfy all applicable off-street parking requirements of Chapter 954. The facility shall meet or exceed all open space requirements for the respective zoning district.

Note: The site plan exceeds the parking and open space requirements.

8. The maximum capacity of such facilities shall not exceed the applicable number permitted by the department of health and rehabilitative services.

Note: The operator will be required to obtain annual operating permits from the State that will set the maximum capacity. The maximum capacity for the subject special exception application is 125 residents/beds.

9. Group home permits are transferable. If the type of resident/client changes or the resident capacity increases to such an extent that it would raise the facility to a higher level group home as distinguished by the definition, the facility must be reevaluated for an administrative permit or special exception approval.

Note: This facility is proposed for seniors that need assistance. Any change in the type ( category) of resident or increase in capacity over 125 residents/beds will require a new site plan application and special exception use approval.

10 Adult congregate living facilities, nursing homes, homes for the aged, total care facilities, group homes, and similar developments shall not be located in the Coastal High Hazard Area.

Note: The facility is not located in the Coastal High Hazard Area. Therefore, this criterion is satisfied.

The specific land use criteria for the proposed use provided above were reviewed with the special exception use request. Staff has included the criteria in this report for informational purposes.

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18. Special Exception Approval Condition: At the public hearing on the special exception use request, the BCC approved a condition that requires a minimum 75' setback and "taller trees" (taller than the normal 12' minimum height) between the proposed ALF building and the adjacent (nearest) residential building in the Reflections on the River development. The applicant is proposing an 84 foot setback between the ALF building and the nearest residential building. Within that 84' setback, along the project site's east perimeter, the applicant proposes a Type "C" buffer with a 6' opaque feature (panel wall) and the use of taller trees (16' oaks, hollies, palms and magnolias) to satisfy the BCC approval condition.

Also during the review process, the applicant stated that he will coordinate with the Condominium Association through a designated point of contact to resolve any construction nuisance and operation issues.

• Legal Dispute

Currently, there is a legal dispute regarding ownership of two portions of the ALF site that total approximately 2.60 acres. The dispute is between the ALF developer and the Reflections Condominium Association, and is the subject of a lawsuit that is being litigated. At this time, the Condominium Association has not requested an injunction from the court to stop the proposed ALF development. Where legal disputes arise, an applicant may continue with the development approval process at his own risk. In this case, the applicant understands that he is proceeding through the development process at his own risk.

The disputed areas of the site consist of approximately 0.35 acres located in the southeast comer of the 6.80 acre area of development, and 2.25 acres located in the northwest comer of the 6.80 acre area of development. If the referenced legal dispute results in a reduced area of development or in an area of development different from what is presented in the subject site plan application, then the applicant will be required to apply for and obtain approval of a modified site plan that meets applicable county regulations, including project density and FAR requirements.

Regarding the legal dispute, staff has coordinated with the County Attorney's Office. Based on advice from that office, staffhas processed the subject site plan application and coordinated with the applicant as well as the Reflections Condominium Association representatives and agents, providing them copies of the subject site plan.

RECOMMENDATION

Staff recommends that the Planning and Zoning Commission grant major ("final") site plan approval for the Reflections ALF with the following conditions. Staff also recommends that the Planning & Zoning Commission authorize the Chairman to sign the attached Order Approving the Project.

1. Prior to issuance of a land clearing and tree removal permit, the applicant shall submit to the county funds for fee-in-lieu of tree mitigation.

2. Prior to site plan release, the applicant shall:

a. Obtain written approval from Public Works for the construction access point( s ). b. Obtain planning staff approval of the revised ( corrected) lot split for the bank parcel and

demonstrate through the administrative approval process that the county's 0.35 FAR requirement is met.

c. Record a unity of title acceptable to county staff.

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3. Prior to the issuance of a certificate of occupancy (C.O.):

a. All required landscape buffers and opaque features shall be installed. b. The US! tum lane improvements shall be completed. c. The sidewalk along the site's USl frontage shall be maintained, repaired, or replaced as

determined by Public Works. d. The applicant shall demonstrate to county staff compliance with State regulations for the

ALF use.

4. There shall be no increase over 125 residents/beds unless special exception use approval is granted for an increase.

5. Any change in the project area of development from what is presented in the subject site plan application shall require a site plan modification, and the applicant to comply with all county LDRs for the size of the property.

ATTACHMENTS

1. Application 2. Location Map 3. Order of Approval 4. Site Plan 5. Landscape Plan 6. Aerial 7. Architectural Plans

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,· ... . ·~ ~-.... ·····-·····~·-····

REC'D MAY I 4 1013

MAJOR SITE PLAN (SPMJ) APPLICATION PROJECT NAME (Please Print): Reflections Assisted Living Facility

PROPOSEDPROJECTUSE: Assisted Living Facility

CORRESPONDING PRE-APPLICATION CONFERENCE PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER (IF ANY):. ______________________________ _

PROJECT#: 2003070312 ·- (of59 ~ OWNER: (PLEASE PRINT)

Reflections Eoldings Co., LLC

NAME

P .o. Box 651249

ADDRESS

Vero Beach, FL 32965

CITY,STATE,ZIP

772-696-1651

PHONE NUMBER

[email protected]

EMAIL ADDRESS

Tom Scott

CONTACT PERSON

<._ ..... --···~.:?

6if"'',~

SP-MA- ) '2.. AGENT (PLEASE PRINT)

Black Swan Consulting·

NAME

P.O. Box 510127

ADDRESS

Melbourne, FL 32951

CITY, STATE, ZIP

321-693-6506

PHONE NUMBER

[email protected]

EMAIL ADDRESS

Joseph Paladin

CONTACT PERSON

SIGNATURE OF OWNER OR AGENT

08

PROJECT ENGINEER: (PLEASE PRINT) PROJECT SURVEYOR: (PLEASE PRINT)

Sustainable Engineering & Design, LLC

NAME

P.O. Box 2247

ADDRESS

Vero Beach, FL 32961

CITY, STATE, ZIP

772-257-3032

PHONE NUMBER(s)

[email protected]

EMAIL ADDRESS

David L Phillips, P.E. LBBD AP

CONTACT PERSON

NAME

ADDRESS

CITY,STATE,ZIP

PHONE NUMBER(s)

EMAIL ADDRESS

CONTACT PERSON 1801 21' Stceet, Vero Beach FL 32960

F:\Community Development\UJJers\CurDtv\Applicatlons.~ajor SP App only.rtf January 2011 Page 1 of3

I\TT~CKM£IIT 1

_,

*Proposed project use for zoning district is (circle one) PERMI1TED ADMINISTRATIVE PERMIT

*AMOUNT OF NEW IMPERVIOUS SURFACE:,_:3..:... 0::.:9""A:,:;c:.:.·--------------•S!TEADDRESS: 10730 u.s. Highway 1

*SITE TAX PARCELID#(s): 31-39 .11-00004-0000-ooooo .3

*IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED ON THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? ___ YES x NO

*ZONING: RM-6 / CL FLUE: C/I & L-2

*TOTAL (GROSS) ACREAGE OF PARCEL:. __ 1_.s_2_A_c_. ______________ _

*AREAOFDEVELOPMENT(NET)ACREAGE: ALF Site• 6,80 AL/ Bank Site• 0.72 Ac.

*PROPOSED CHANGES TO EXISTING DEVELOPMENT <IF APPLICABLE}:

A.

B.

NUMBER OF UNITS: ._FR.,O,..M.,..___..=o ________ TO. __ ... 9=8_,U'"'n='it"'s'-----

DENSITY: FROM. __ _,o.___ ____ UNITS PER ACRE TO 14. • UNITS PER ACRE

*USES BY SQUARE FEET GROSS BUILDING AREA RESULTING FROM MODIFICATION (E.G. RETAIL; 5,000)

USE: SQ.FT.:

USE: SQ.FT.:

USE: SQ.FT.:

USE: SQ.FT.:

**Please Complete Major Site Plan Submission Checklist**

A PRE-APP CONFERENCE IS REQUIRED IF PROJECT IS OVER 20 UNITS OR 40,000 SQ. FT. NEW IMPERVIOUS SURFACE. (IF THIS DESCRIBES YOUR PROJECT, STOP HERE AND COMPLETE AND SUBMIT A PRE-APP CONFERENCE APPLICATION)

MATERIAL (note NIA where applicable)

I. Written response to pre-application staff comments

2. Fees: < or= 5 acres: > 5 but< 10 acres: = or> 10 acres:

$ 1000.00 $ 1200.00 $ 1400.00

3. Completed Site Plan Application Form

4. Ten ( 10) Plan Sets (24" x 36")

5. Two (2) Sealed Site Surveys

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INDIAN RIVER COUNTY, FLORIDA,

INRE:

Application by Reflections Commercial, LLC for Major Site Plan Approval for a 98 unit (125 beds) adult living facility (ALF) to be located at I 0730 US Highway I [2003070312-68598 / SP-MA-12-08-18]

ORDER ON APPLICATION FOR SITE PLAN APPROVAL

On May 24, 2012, Reflections Commercial, LLC filed an application for major ("final") site plan approval for a 98 unit (125 beds) adult living facility (ALF) to be located at 10730 US Highway 1. The adult living facility (ALF) is proposed to be constructed on property zoned CL (Limited Commercial) and RM-6 (Residential Multi-Family up to 6 units per acre). Both zoning districts allow an ALF as a special exception use. The Board of County Commissioners granted conditional conceptual site plan and special exception use approval on December 13, 2011 by a vote of3-2. The subject site plan application represents the "final" site plan for the ALF project.

The subject application came before the Planning & Zoning Commission as a quasi-judicial item on September 13, 2012. Each Planning & Zoning Commission member disclosed any ex parte communications, site visits or other investigations, and confirmed that he or she had an open mind and was able to base his or her decision on the evidence presented and applicable law.

Witnesses were sworn, evidence was presented, parties were afforded the opportunity for crossexamination, and members of the Planning & Zoning Commission were afforded the opportunity to ask questions. The Deputy County Attorney advised the Commission with respect to legal matters.

On the basis of the evidence presented and applicable law, the Commission voted ____ to approve the application for site plan approval with the following conditions:

1. Prior to issuance of a land clearing and tree removal permit, the applicant shall submit to the county funds for fee-in-lieu of tree mitigation.

2. Prior to site plan release, the applicant shall:

a. Obtain written approval from Public Works for the construction access point(s). b. Obtain planning staff approval of the revised ( corrected) lot split for the bank parcel and

demonstrate through the administrative approval process that the county's 0.35 FAR requirement is met.

c. Record a unity of title acceptable to county staff.

3. Prior to the issuance of a certificate of occupancy (C.O.):

a. All required landscape buffers and opaque features shall be installed. b. The USl tum lane improvements shall be completed. c. The sidewalk along the site's US! frontage shall be maintained, repaired, or replaced as

determined by Public Works. d. The applicant shall demonstrate to county staff compliance with State regulations for

the ALF use.

F:\Community Development\Users\CurDev\ORDERS\ReflectionsALF.doc ATTA.CHM ENT

4. There shall be no increase over 125 residents/beds unless special exception use approval is granted for an increase.

5. Any change in the project area of development from what is presented in the subject site plan application shall require a site plan modification, and the applicant to comply with all county LDRs for the size of the property.

Accordingly, it is hereby ordered by the Indian River County Planning & Zoning Commission that the application for administrative permit use is approved, subject to the conditions outlined above.

DONE AND ORDERED this __ day of _____ , 2012.

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By:------------Deputy Clerk

Copies furnished to:

INDIAN RIVER COUNTY, FLORIDA, PLANNING & ZONING COMMISSION

By: _____________ _ Sam Zimmerman, Chairman

1. ____________ (applicant) 3. _________ (interested party)

2. ____________ (property owner) 4. _________ (interested party)

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4030 OAK HOLLOW AVE, VERO BEACH, FL 32966 PHONE: 772.473.2571 FAX: 772.492.9345

Reflections Assisted Living Facility

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INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

PUBLIC HEARING (LEGISLATIVE)

TO: The Honorable Members of the Planning and Zoning Commission

FROM:

Robert M. Keating,

Sasan Rohani, AICP '5 -4 Chief, Long-Range Planning

DATE: September 12, 2012

Development Director

SUBJECT: County Initiated Request to Aniend the Text of Several Elements of the County's Comprehensive Plan

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of September 27, 2012.

DESCRIPTION AND CONDITIONS

This is a county initiated request to amend the text of several elements and a sub-element of the county's comprehensive plan. The purpose of this amendment is to revise policy 14.1 of the Future Land Use Element, delete policy 1.48 of the Future Land Use Element, and make minor modifications to nine other policies of the plan. While the proposed Future Land Use Element changes were directed by the Board of County Commissioners, the changes to the other elements were requested by various county departments.

The elements and sub-element proposed to be revised are: the Future Land Use Element, the Recreation and Open Space Element, and the Potable Water Sub-Element of the county's comprehensive plan.

Comprehensive Plan Amendment Review Procedures

Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the County's Comprehensive Plan, plan amendments are limited to twice per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January and July. In this case, the subject application was submitted during the July 2012 window.

1

The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners.

Following the Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration.

If the Comprehensive Plan amendment is transmitted, state and regional review agencies will review the amendment as it pertains to each agency's focus area. Review agencies will then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff addressing any issues that were raised by the review agencies, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to the State Land Planning Agency and to the other review agencies that provided comments. The amendment becomes effective 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a petition is filed by an affected party.

This public hearing is the first step in the comprehensive plan amendment process. At this time, the Planning and Zoning Commission must decide whether or not to recommend approval of the proposed amendment to the Board of County Commissioners.

Proposed Amendment

Recently, the Board of County Commissioners directed staff to delete policy 1.48 of the Future Land Use Element. That policy currently requires new development projects to include a density transition area under certain circumstances. Also, the Board directed staff to revise policy 14.1 of the Future Land Use Element to allow for general plan amendment applications to be accepted four times a year, instead of the current twice a year allowance.

In addition to the above referenced changes, there are several minor revisions and corrections to the adopted plan requested by Utilities Department staff and Recreation Department staff.

For each proposed change, the following table identifies the policy and associated page proposed for amendment.

2

2012 Proposed Comprehensive Plan Changes

Elements Policy Page Number Pronosed Revisions Future Land Use Element 1.48 152 Delete the policy per BCC

direction Future Land Use Element 1.55 152 In order to avoid having a gap

between policy numbers after deleting policy 1.48, re-number current policy 1.55 to policy 1.48

Future Land Use Element 14.1 169-170 Change number of comprehensive plan amendment application submittal windows from two a year to four a year

Potable Water Sub- Element 4.9 45 Change the word "revise" to "review" and change the date to 2013

Recreation and Open Space 1.5 46 Change policy date to 2015 Element Recreation and Open Space 1.6 46 Change policy date to 2015 Element Recreation and Open Space 1.7 46 Change policy date to 2016 Element Recreation and Open Space 1.11 47 Change policy date to 2016 Element Recreation and Open Space 3.2 48 Change policy date to 2015 Element Recreation and Open Space 3.4 48 Change policy date to 20 I 5 Element Recreation and Open Space 6.5 49 Change policy date to 20 I 5 Element

3

ANALYSIS

Pursuant to the Board's direction and requests from two county departments, eleven (11) policies in two elements and one sub-element of the county's comprehensive plan are proposed to be revised. The proposed changes are shown in strilice flHu and underlined format (attachment #2).

• Policy 14.1 of the Future Land Use Element

In the past, state law limited the number of times that local governments could amend their comprehensive plans to only twice a year. Last year, however, state law changed, and the twice a year limitation was removed. Even though state law changed, the county's comprehensive plan still provides that comprehensive plan amendments may be submitted only in the months of January and July. To change that provision and allow for submittal of comprehensive plan amendment applications more frequent than twice a year requires amendment of the county's comprehensive plan.

Recently, the Board directed staff to revise policy 14.1 of the Future Land Use Element in order to allow the county to accept general comprehensive plan amendments 4 times a year. This is to ensure that the comprehensive plan amendment process will not delay proposed development projects where a comprehensive plan amendment is needed.

In establishing the twice a year amendment limitation, the county recognized that comprehensive plans are guiding documents, like constitutions, and for that reason should be limited in terms of how often they can be amended. Another reason that the frequency of amendments was limited was to ensure that multiple amendments could be considered together and their cumulative impacts evaluated concurrently, instead of amendments being submitted piecemeal over time and assessed separately.

As proposed, Policy 14.1 will be revised to allow for the submittal of comprehensive plan amendment applications four times a year, instead of the current twice a year limitation. With that change, there will still be a limit on how often amendment applications may be submitted, and multiple applications will still be considered together. While retaining those characteristics of the existing policy, the proposed revision will provide more flexibility to development project applicants. For that reason, staff supports the proposed change.


During the peak of the building boom, one initiative recommended to and approved by the Board of County Commissioners was a density transition requirement. That requirement mandated that any new development project proposed adjacent to developed property with a density lower than the density of the proposed project include a density transition area. That density transition area would need to be a portion of the proposed project adjacent to the existing lower density area where either the density would be comparable to that of the adjacent area or there would be a landscaped buffer area established.

At recent Evaluation and Appraisal Report based land development regulation amendment hearings, the Planning and Zoning Commission recommended that the Board of County Commissioners not adopt regulations to implement the county's density transition area policy. Furthermore, the Planning and Zoning Commission recommended that the Board of County Commissioners delete the policy. The

4

Planning and Zoning Commission's rationale was that new development should not be penalized because of the lower density of existing adjacent development and that a density transition area was not needed between adjacent single-family development projects, even when one project had a slightly higher density than the other. Based on the Planning and Zoning Commission's recommendation, the Board of County Commissioners directed staff to amend the comprehensive plan to delete Policy 1.48.

As structured, the density transition area policy promotes inefficient development. Because the policy limits the density of development projects adjacent to an existing lower density area, even where zoning and land use regulations allow higher density and infrastructure is in place to accommodate the higher density, it is appropriate for the county to delete the policy.


With the deletion of policy 1.48, there will be a gap in policy numbers. For that reason, staff proposes to renumber policy 1.55 as policy 1.48.

• Policy 4.9 of the Potable Water Sub- Element

The County's Utilities Department staff requested that policy 4.9 of the Potable Water Sub-Element be amended to substitute the word "revise" in the policy with "review" and to change the implementation date of the policy to 2013. In this case, review is more appropriate than revise for the subject policy.

• Policies 1.5, 1.6, 1.7, 1.11, 3.2, 3.4, and 6.5 of the Recreation and Open Space Element

Recreation Department staff has requested that policies 1.5, 1.6, 1.7, 1.11, 3.2, 3.4, and 6.5 of the Recreation and Open Space Element be revised to postpone implementation dates for those policies. As proposed, the implementation date revisions reflect more reasonable timeframes to implement the referenced policies. Therefore, the proposed changes should be approved.

Consistency with Comprehensive Plan

Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan.

For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions-including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3.

5

Future Land Use Element Policy 14.3

In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are:

• The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at

separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map.

In this case, the proposed comprehensive plan amendment meets Policy 14.3's third criterion. The proposed changes were either directed by the Board or requested by staff due to changes of circumstances.

Summary of Consistency with the Comprehensive Plan

While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan.

CONCLUSION

Staffs position is that updating the county's comprehensive plan, as proposed, is warranted based on changes in circumstances and to ensure that the county's comprehensive plan remains current and applicable.

RECOMMENDATION:

Based on the analysis, staff recommends that the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed comprehensive plan text amendment for transmittal to state and regional review agencies.

ATTACHMENTS:

I. Comprehensive Plan Text Amendment Application 2. Proposed Comprehensive Plan Text Amendment

APPROVED AS TO FORM AND LEGALSU~y

BY NL$, WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

F:\Cornmunity Development\Comprehensive Plan Text Amendments\July 2012- LU,PW, REC elements\Staff Reports\PZC staff report for Comp plan Text amendment -september 27, 2012 meeting.rtf

6

APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA).

INDIAN RIVER COUNTY

Planning Division accepts Comprehensive Plan Text Amendment application~ .only during the months of January and July of each year. Each application mnst be coinJ?l~te. when submitted and mnst inclnde all required attachments. An incomplete applicatioil<wiIL!i\t! be processed and will be returned to the applicant.

Assigned Project Number: CPTA- ;?D/"70700 3l/ - (p, ff 3 ':,-

Current Owner/ Aoolicant Agent Name: [.,.}.rn1 f!-:ver ~-" 1;;

Complete Mailing I 1 ol :2. 7'11- 5'fr Address: Vu,,, ~,A,. r:::;. J:Zq£0 Phone# (including area C,1~J 1- 'J... 6 ~ I .2. =5 O code) Fax # (including area code) C711-J ;J-;Ztf - 1q2:i-E-Mail: s;; f' o \., ..., ·, /.)/ I"" ft," · c,.,.,,, Contact Person:

d{--~ /J Signature of Owner or Agent: __ _..,,=:::::-::="!.-•.,:./~//L_=========~---

Please attach the following items to this application. Do not ignore any of the following items. Indicate "NIA" ifan item is not applicable.

I.

2.

3.

4.

5.

6.

7.

What is the proposed amendment's citation in the Comprehensive Plan? Include the element or subelement, page number, and if applicable, the objective and policy number(s).

~-,r.,J ~_,,.,f s :Jr) 5' vi,,~ s / #:: Cv-17) ~ /.,,,,,, What is the exact language proposed to be added and/or deleted from the pfan?

What is the purpose of the request?

What is the justification for the request?

Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan.

Provide an analysis of the proposed amendment's impact on public facilities and services.

Provide an analysis of the proposed amendment's environmental impacts.

8. Provide a check, money order or cash in the amount of $2,600.00, made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE-APPLICATION COijfERENCE WITH LONGRANGE PLANNING SECTION STAFF PRIOR TO APPL YING. :I/;'

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F:\Community Devclopment\Users\VICKIE\FORMS\CPTAAMENDMENTFORM.doc

AlTACHMENT 1 . I

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interested parties of the Florida Right to Farm Act, Section 823.14, Florida Statutes as amended, and stating that active farm operations occur nearby.

Policy 1.18: \\/hen vacant land \v-ithin the urlian service area is located adjacent to de'ielofled property that is built to a density lower than the allovred density of the vacant property, the vacaRt flFOflerty shall have a transition area nei,t to the built property with a density i11 that transition area comparable to that of the built prof)erty.

Policy ~ I .48: The county shall consider the impact of proposed amendments to the Future Land Use Map upon the county's jobs/housing balance in a manner consistent with Policy 4.8.

Policy 1.49: The county hereby designates the entire urban service area as an Energy Conservation Area. The county shall maintain its urban service area boundary in a manner consistent with Policies 2.1, 2.2, and 2.3.

Policy 1.50: Within Energy Conservation Areas, the county shall regulate all new development and redevelopment in a marmer that promotes energy conservation.

Policy 1.51: The county shall encourage Traditional Neighborhood Design (TND) projects that are consistent with Policies 18.1, 18.2, and 18.3. Consistent with Policy 18.4, the county shall permit TND developments as conditional uses in the county's conventional zoning districts.

Policy 1.52: Within the urban service area, the county shall permit mixed use developments that are consistent with Policy 5 .6.

Policy 1.53: In areas located outside the urban service area, the county shall promote clustered development, such as new towns and agricultural planned developments. New towns shall be consistent with Policies 1.37 and 1.38, while agricultural planned developments shall be consistent with Policy 5.9.

Policy 1.54: In reviewing new development proposals, the county shall require vehicular and pedestrian connections as specified in Policy 4 .5.

OBJECTIVE 2: URBAN SERVICE AREA

In unincorporated Indian River County, all residential development greater than 0.2 units/acre, and all non-agriculture related commercial/industrial uses will be located within the urban service area, which contains the infrastructure and services needed to accommodate such development.

Policy 2.1: Indian River County hereby adopts the 2030 Urban Service Area depicted on the County's Official Future Land Use Map. The Urban Service Area includes land where services

Future Land Use E~ment 152

ATTACHiAENT 2

unincorporated barrier island will be consistent with the HIRPMP by implementing the policies of this comprehensive plan.

Policy 12.2: As part of the county's periodic Capital Improvements Element evaluation and update process, the impact of new development on hurricane evacuation times and the need for improvements and the timing of improvements to evacuation routes in order to maintain or reduce evacuation times shall be assessed.

Policy 12.3: Indian River County shall include within its land development regulations a mechanism to assess the impact of new development on emergency evacuation.

OBJECTIVE 13: LOCAL PLANNING

By 2015, the County will have a formal coordination mechanism with other federal, state, regional, and local governments and agencies for land use planning activities, provision of facilities and services, and funding and implementation of programs.

Policy 13.l: Indian River County shall ensure that land development activities, development orders and permits, rezonings, and comprehensive plan amendments are coordinated, as may be appropriate, with the municipalities of the county, adjacent counties, regional and special districts, and state and federal agencies.

Policy 13.2: Indian River County, through coordination with municipalities within the county, shall ensure that future annexation will not create enclave areas.

Policy 13.3: By 2011, the county shall encourage municipalities to identify potential areas for annexation, develop criteria for annexation decisions, and execute interlocal agreements with the county to formalize these criteria.

Policy 13.4: Indian River County shall coordinate with municipalities within the county to amend the proposed interlocal service boundary agreement between the county and municipalities to address annexation issues, maintenance of established level of service standards, extra-jurisdictional developmental impacts, upfront coordination on land use amendments and rezonings, and establishment of a dispute resolution process.

OBJECTIVE 14: PLAN AMENDMENT AND REVIEW

Indian River County will have a mechanism for review and amendment of the comprehensive plan.

Policy 14. l: Indian River County shall provide for the amendment of the Comprehensive Plan in accordance with the provisions of Chapter 163, FS. Applications to amend the future land use plan map may be submitted by the owner or the agent for the owner of property proposed for redesignation, by the county planning staff, or by the Board of County Commissioners. Where

Future Land Use Element 169

an individual application is submitted, land development regulations shall provide for payment of an appropriate fee and disclosure of all individuals having an equitable interest in the proposed change. Applications to amend other portions of the comprehensive plan may be submitted by any interested party, the planning staff, or the Board of County Conunissioners. Applications to amend the comprehensive plan will be accepted only during the months January, April, mid July, and October with the exception of DRl-related amendments and small-scale amendments.

Policy 14.2: Applications requesting amendments to the Comprehensive Plan or Future Land Use Map shall be evaluated to consider the following:

• consistency with the Goals, Objectives and Policies of the comprehensive plan; • impacts on public facilities and services; • environmental impacts; • compatibility with surrounding areas; and • other timely issues.

Policy 14.3: Indian River County shall approve plan amendments only upon a showing that one of the following criteria has been met:

• The proposed amendment will correct an oversight in the approved plan. • The proposed amendment will correct a mistake in the approved plan. • The proposed amendment is warranted based on a substantial change in

circumstances. For Future Land Use Map amendments, the change in circumstances must affect the subject property.

• For Future Land Use Map amendments, the proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map.

Policy 14.4: The county shall require applications to amend the comprehensive plan to include a written statement discussing the following:

• The proposed amendment's consistency with all the goals, objectives, and policies of the comprehensive plan;

• The proposed amendment's impact on public facilities and services; • The proposed amendment's environmental impacts; and • For Future Land Use Map amendments, the proposed amendment's compatibility

with surrounding areas.

Policy 14.5: The county may utilize the small scale development amendment process, as described in section 163.3187(l)(c)2., FS, only for Future Land Use Designation Amendment requests that meet all of the following criteria:

Future Land Use Element 170

Comprehensive Plan Potable Water Sub-Element

POLICY 4.4: The county shall renew its annual contract with the SJRWMD to identify and require property owners to plug or valve free flowing artesian wells.

POLICY 4.5: The county shall encourage home builders to participate in the SJRWMD's Florida Water Star Program by expediting review of their permits.

POLICY 4.6: The county's water pricing system shall continue to be equitable, but shall continue to charge an exponentially increasing unit rate for high volume residential users (those using more than three times the Level of Service standard established in policy 1.3).

POLICY 4. 7: To quickly and efficiently respond to any leakage, the county shall continue to implement its leak detection program.

POLICY 4.8: The county shall require all new subdivisions and projects of 25 or more lots/units that are within a ¼ mile of an effluent reuse line to connect to the effluent reuse line. When a project meets above criteria, developer shall be required to construct an effluent reuse line.

POLICY 4.9: By 2013 WU, the Utilities Department shall review revise its current pricing plans to further discourage excessive water use and to provide incentives to customers for saving water.

POLICY 4.10: The county shall require new developments to use water from retention ponds, instead of water from wells, for irrigation.

OBJECTIVES Capital Improvements

Thorough the time horizon of the plan, the county will have completed all programmed capital improvements shown in Appendix "A" of the Potable Water Sub-Element in order to maximize the use of existing facilities and discourage urban sprawl.

POLICY 5.1: In conformance with the review process for the Capital Improvements Element of this plan, the county shall maintain a five-year schedule of capital improvement needs for public facilities.

POLICY 5.2: Proposed capital improvement projects shall be evaluated and ranked according to the following priority level guidelines:

• Level One - whether the project is needed to protect public health and safety, to fulfill the county's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities.

Community Development Department Indian River County 45

Comprehensive Plan Recreation and Open Space Element

GOAL, OBJECTIVES AND POLICIES

As with all elements of the comprehensive plan, goals, objectives and policies are the basis of the Recreation Open Space Element. Not only do they establish the county's direction for recreation and open space; but goals, objectives and policies also set community expectations for recreation and open space and courses of action which the county will pursue to meet those expectations.

GOAL: It is the goal oflndian River County to provide a recreation and open space system which meets the needs of all residents of the county, is accessible to all residents of the county, and maximizes the county's physical, cultural and historical resources.

OBJECTIVE 1: Adequate Parklands and Recreation Facilities

Through 2030, adopted recreation levels-of-service will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use.

POLICY 1.1: The county hereby adopts a recreation level-of-service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population

POLICY 1.2: For level-of service purposes, the county shall measure parkland acres per 1000 population by summing the total county owned park acreage and dividing by the current estimate of unincorporated county permanent population, plus weighted seasonal population.

POLICY 1.3: The county shall maintain its concurrency management system, which allows proposed developments only if there is sufficient parkland to serve the proposed development.

POLICY 1.4: The county hereby adopts the facility standards identified in Table 10.1 as guidelines to be used in developing parklands.

POLICY 1.5: By 2015 ~, the county shall complete a needs analysis of its recreation services. This analysis will include an assessment of the type of parks and facilities needed in Indian River County, the quantity of facilities needed, the location where those facilities are needed, the current use of facilities, and a comparison of county needs to national standards for recreation services, and unique local conditions relevant to recreation services.

POLICY 1.6: By 2015 ~. the Recreation Department shall evaluate the existing user fee structure and include full cost recovery for adult programs.

POLICY 1.7: By 2016 ;)-Og, the Recreation Department shall revise its fee structure for county recreational programs and reservation of county park facilities to include a surcharge for out of county residents.



POLICY 1.8: By 2012, the Recreation Department shall evaluate the current per capita expenditure in the north and south areas (with S.R. 60 as a dividing line) and utilize the collected data to guide placement of needed park facilities in each area.

POLICY 1.9: By 2011, the Recreation Department shall evaluate new funding options, including privatization and partnerships.

POLICY 1.10: By 2011, the Recreation Department shall evaluate new revenue opportunities such as facility naming rights, beach and park concessions, and others.

POLICY 1.11: By 2016 ~, the Recreation Department shall evaluate the feasibility of creating a foundation to develop and receive donations for parks capital and infrastructure needs.

POLICY 1.12: The county shall continue to charge park and recreation impact fees to fund a portion of the park system's capital budget needs.

POLICY 1.13: The Recreation Department shall continue to apply user fees for those facilities and programs where the benefit is quantifiable and where the fee can be effectively implemented.

POLICY 1.14: The county shall, as part of its user fee program, develop a method to subsidize recreation user fees for low income residents so that there will be minimal effects of user fees on participation at sites or programs.

POLICY 1.15: The county shall identify state and federal recreation grant programs. When applicable, the county shall apply for available grant funds, for recreation facility or program funding.

POLICY 1.16: The county shall maintain land development regulations that require certain planned residential development projects to provide recreation areas and facilities that meet the county's recreation level-of-service standards.

OBJECTIVE 2: Parklands in the South District

By 2020, the county will have 461 acres of parkland south of S.R. 60.

POLICY 2.1: By 2015, the county will, based on funding availability, complete remaining improvements identified in the South County Regional Park Master Plan.

POLICY 2.2: The county shall, based on funding availability, include active recreation facilities such as baseball fields, basketball courts, tennis courts,jogging trails, swimming pools and others in its future south county parks if those facilities are consistent with the 2012 updated south county regional park master plan.



POLICY 2.3: The county shall give parkland acquisition priority to the area south of SR 60, west of 43 rd Avenue.

OBJECTIVE 3: Parkland Development

By 2020, the county will have developed at least 65 percent of its currently undeveloped existing park acreage.

POLICY 3.1: By 2020, the county shall complete phase II of the Treasure Shores Park.

POLICY 3.2: By 2015 ~, the county shall develop a new master plan for the fairgrounds, indicating needed facilities and necessary structures.

POLICY 3.3: The county shall add facilities to existing parks having undeveloped area. Some parkland will remain undeveloped for a variety of reasons, including environmental, regulatory, and aesthetics.

POLICY 3.4: By 2015 ~, the Recreation Department shall update the North County Regional Park and the South County Regional Park Master Plans.

OBJECTIVE 4: Access to Parklands and Recreation Facilities

Throughout the time horizon of the plan, all new parks and recreational facilities will be located near population centers and will be handicap accessible.

POLICY 4.1: The county shall continue to design all new parks and recreational facilities to provide barrier-free access.

POLICY 4.2: The county shall locate new park facilities in close proximity to the population to be served based upon service radius for different park types.

POLICY 4.3: The county shall provide vehicular, pedestrian, and bicycle access consistent with the Bikeway/Sidewalk Development Plan to all county owned parks in conjunction with park development.

OBJECTIVE 5: Access to Natural Resources

Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained.



POLICY 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural water resources.

POLICY 5.2 : The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a green way ( a.k.a. "blue way") and waterway trail system. Consistent with Policy 8. I of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon "Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lauds") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally-sensitive parcels.

OBJECTIVE 6: Recreation Programs

Through the time horizon of the plan, at least 142 recreation programs per year will be provided.

POLICY 6.1: The county shall provide supervised recreation activities at all appropriate park sites.

POLICY 6.2: The county may allow private leisure and recreation groups to use park areas for recreation programs and activities provided that the following conditions are met:

• The area of the park to be used must not currently be in use by the general public or designated for future use on the park master plan;

• A lease specifying duration of use, characteristics of use, insurance requirements, and other applicable conditions must be executed by the Board of County Commissioners;

• A site plan or temporary use permit must be approved by the planning department;

• Any improvements made to the leased site must be done and paid for by the lessee with the improvements conveying to the county when the lease expires.

POLICY 6.3: By 2011, the Recreation Department shall conduct a survey to determine the demand for existing recreational programs and to prioritize demand for new programs.

POLICY 6.4: The Recreation Department shall annually identify CORE recreation programs, and services as part of its annual budget request.

POLICY 6.5: By 2015 W-l-0, the Recreation Department shall establish an automated recreational program system which allows users to reserve park facilities or to sign up for recreation programs online.


TO:

FROM:

DATE:

RE:

INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

Public Hearing (Quasi-,J udicial)

The Honorable Members of the Planning and Zoning Commission

eating, A P; Co unity Development Director

Sasan Rohani, AICP; Chief, Long-Range Planning ~-'lSeptember 10, 2012

Graves Brothers Company's Request to Rezone ± 14.15 Acres from CH to CG (RZON-2000040226-69324)

It is requested that the following information be given formal consideration by the Planning and Zoning Commission at its regular meeting of September 27, 2012.

DESCRIPTION AND CONDITIONS

This is a request to rezone ±14.15 acres from CH, Heavy Commercial District, to CG, General Commercial District. The subject property is located at the southwest quadrant of Old Dixie Highway and C.R. 510. The purpose of this request is to secure the necessary zoning to develop the subject property with uses permitted in the CG zoning district.

I

Existing Land Use Pattern

This area of the County mainly contains industrial and commercial zoning districts. Currently, a portion of the subject property is occupied by a citrus packing house, while the remaining is cleared land.

To the east of the subject property, across Old Dixie Highway, the property is zoned CG and contains a CVS Pharmacy store. The property to the south of the CVS is also zoned CG, and it is vacant. To the west of the subject property, land is zoned CH and contains various commercial uses. Properties to the north of the subject property, across C.R. 510, are zoned CG, CH, and IL, and contain various commercial uses. Property to the south of the subject property is zoned PD and contains the Red Stick golf course.

6 N

Legend

l,',JCI PD

-RM-6

CJRS-6

Existing Zoning Map Figure 1: Graves Brothers Company and surrounding properties

PD

2

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Legend

ZONING -CG -CH -CL -IL 11;\"-'<\llOCR li\<,I PD

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c:]RS-6

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Future Land Use Pattern

Proposed Zoning Map Figure 2: Graves Brothers Company and surrounding properties

The subject property and all surrounding properties except for the property to the southwest of the subject property are designated C/I, Conunercial/Industrial, on the Comprehensive Plan's Future Land Use Map. The C/1 designation permits various conunercial and industrial zoning districts. Property to the southwest of the subject property is designated M-1, Medium Density Residential - I (up to 8 units/acre), and contains a golf course .

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3

Environment

The Comprehensive Plan does not designate the subject property as environmentally important or environmentally sensitive. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas.

Utilities and Services

The site is within the Urban Service Area of the County. Wastewater service is available to the site from the North County Regional Wastewater Treatment Plant, while potable water service is available to the site from the North County Reverse Osmosis Plant.

Transportation System

The subject property's east boundary abuts Old Dixie Highway, a road which is classified as a rural major collector on the Future Roadway Thoroughfare Plan Map. That segment of Old Dixie Highway is a two lane paved road with approximately 60 feet of existing public road rightof-way. According to the county's comprehensive plan, that segment of the road needs 100 feet of right-of-way. Abutting the north boundary of the subject property is C.R. 510, a road which is classified as a rural major arterial. That segment of C.R. 510 is a two lane paved road with approximately 80 feet of existing right-of-way. That roadway segment needs 160 feet of rightof-way.

Zoning District Differences

In terms of permitted uses, there are both similarities and differences between the existing CH district and the proposed CG district (see Attachment 3). Their respective purpose statements best illustrate the differences between the zoning districts. Those purpose statements, found in the County's Land Development Regulations (LDRs), are as follows:

CH: Heavy Commercial District. The CH, heavy commercial, district is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts.

CG: General Commercial District. The CG, general commercial, district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses.

ANALYSIS

In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include:

• An analysis of the request's impact on public facilities;

4

• An analysis of the request's consistency with the county's comprehensive plan; • An analysis of the request's compatibility with the surrounding area; and • An analysis of the request's potential impact on environmental quality.

Concnrrency of Public Facilities

The subject property is located within the County Urban Service Area, an area deemed suited for urban scale development. Within the urban service area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1). The adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process.

As per section 910.07 of the County's Land Development Regulations (LDRs), conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested rezoning district.

For commercial rezoning requests, the most intense use (according to County LDRs) is retail commercial with 10,000 square feet of gross floor area per acre of general commercial uses for the CG zoning district, and 20,000 square feet of gross floor area per acre of general industrial uses for the CH zoning district. The site information used for the concurrency analysis is as follows:

Existing Zoning:

I. Size of Area to be rezoned: ±14.15

2. Existing Land Use Designation: C/1 Commercial/Industrial

3. Most Intense Use with Existing Zoning (CH): 283,000 General Industrial (GI)

4. Trips Associated with GI Uses at 6.97 1,972 Trips/1000 SF:

5. Most Intense Use with Proposed Zoning (CG): 141,500 square feet or Retail Commercial (RC)

6. Trips associated with RC at 42.94 Trips 6,076 /1000 SF:

Transportation

A Traffic Impact Statement (TIS) reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed

5

zoning district, and it assigns those trips to the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3(a) of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction project trips for four-lane ( or wider) roadways.

For this rezoning request, the Traffic Impact Statement (TIS) was reviewed by Traffic Engineering Division staff. According to the approved TIS, the existing level of service on impacted roadways would be lowered by the traffic generated by development on the subject property. Specifically, LOS D will be exceeded for the following links:

• 1810E, C.R. 510 from C.R. 512 to 66th Avenue • 1820W, C.R. 510 from 66th Avenue to 58th Avenue • 1830W, C.R. 510 from 58th Avenue to U.S. #1 • 1820E, C.R. 510 from 58th Avenue to U.S. #1

Since development of the subject property under the proposed rezoning would lower the service level of impacted roadways below acceptable thresholds, the TIS identifies appropriate traffic improvements that would mitigate traffic impacts and maintain an adequate level of service. A summary of the Traffic Impact Statement is provided in Attachment 4.

Although full build-out of the subject property under the requested rezoning would result in the above referenced roadway deficiencies, LDR Section 910.08(a)2 states that a "conditional concurrency certificate may be issued with a condition identifying off-site improvements necessary to meet an adopted level of service and the cost-feasible mechanism for implementing the necessary improvements". The rationale for that LDR provision is that conditional concurrency certificates evaluate the adequacy of facilities at one point in time and do not vest concurrency. Because conditional concurrency certificates are associated with non-specific project requests such as the subject rezoning, there is not a development project that can be conditioned such that the necessary roadway improvements must be made. In fact, the purpose of the conditional concurrency review is to address the big picture facility needs and ensure that the necessary improvements can be constructed.

Accordingly, a conditional concurrency certificate has been issued for the subject rezoning with the conditions that the roadway links listed below be improved to two lanes each direction and that the CR 510/US# 1 intersection also be improved. The needed improvements ( attachment #5) are:

• Add two lanes- CR510 from 66th Avenue to US#! • Fully expand the CR510/US#l intersection (dual left-tum lanes, exclusive right-tum

lanes, and two through lanes on each approach)

With a condition in the conditional concurrency certificate that the above referenced improvements be in place, under construction, or in first 3 years of the county's 5 year Capital Improvement Program (CIP) at the time of development approval, the transportation concurrency test has been satisfied.

With the proposed rezoning, the subject property could accommodate 141,500 square feet of general commercial development. Development on the subject property will be served by the

6

North County Reverse Osmosis Plant, which currently has sufficient ex1stmg and planned capacity to accommodate the additional demand generated by the proposed land use amendment.

Wastewater

County wastewater service is available to the site from the North Regional Wastewater Treatment Plant, which currently has sufficient existing and planned capacity to accommodate the additional wastewater generated by the subject request.

Solid Waste

Solid waste service includes pick-up by private operators and disposal at the county landfill.

A review of the solid waste capacity for the active segment of the county landfill as well as planned expansions of the landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed land use designation.

Stormwater Management

All developments are reviewed for compliance with county stormwater regulations, which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance.

In this case, the minimum floor elevation level of service standard does not apply, since the subject property lies within a flood zone "X". Both the on-site retention and discharge standards apply. In this case, the stormwater management level of service standard will be met by limiting off-site discharge and maintaining on-site retention of the stormwater runoff for the most intense use of the property.

Concurrency Summary

Based upon the analysis conducted, staff has determined that all concurrency-mandated facilities, including stormwater management, solid waste, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Although the transportation system does not presently have sufficient capacity to accommodate full build-out of the subject property under the requested rezoning, traffic concurrency will be met by the applicant providing necessary improvements at the time of development. Therefore, the concurrency test has been satisfied for the subject request.

As with all development, a more detailed review will be conducted during the development approval process.

Consistency with Comprehensive Plan

Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and

7

commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas ofindian River County.

The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.17 and 1.18.

• Future Land Use Element Policies I.I 7 and 1.18

Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the county's urban service area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation shall permit uses that include retail, office, and service commercial development.

Since the subject property is located within the County's urban service area and the requested CG district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18.

While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan.

Compatibility with the Surrounding Area

Staffs position is that either the current zoning district or the requested zoning district is appropriate for the site, and that development under the requested zoning district will be compatible with surrounding land uses. Generally, sites such as the subject property, that front on major roads, that are located near the railroad, and that are separated from single-family residential uses, are appropriate for any one of several different commercial zoning districts, including CL, CG, and CH. Like the subject property, land to the north and west is zoned CH. Since CH and CG are both commercial districts, no incompatibilities are anticipated with land to the east, west and north. Because permitted uses under CH and CG are similar, the proposed CG zoning for the subject property would not have any negative impacts on the surrounding properties.

To the south, property is zoned PD and contains a golf course. Since golf courses are transitional uses that can buffer incompatible uses, development on the subject property under the CG zoning district should not have any adverse impacts on the property to the south.

For those reasons, it is staffs position that development of the site under the requested CG district will be compatible with surrounding areas.

Potential Impact on Environmental Quality

In this case, the subject property is cleared, and portion of it is developed. For that reason, there will not be any adverse environmental effects from rezoning the site from CH to CG.

8

CONCLUSION

The requested zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial uses, the subject property meets all applicable criteria to be rezoned CG. For those reasons, staff supports the request.

RECOMMENDATION

Based on the analysis, staff recommends that the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CH to CG.

ATTACHMENTS

I. Summary Page 2. Rezoning Application 3. Table of Uses for Commercial Zoning Districts 4. Summary or the Traffic Impact Statement 5. E-mail from Jeanne Bresett, Traffic Analyst

F:\Community Development\Rezonings\Graves Brothers Company\Sraff reports\PZC item graves brothers on September 27, 2012.rtf

9

Staff Contact:

Date Advertised:

# of Surrounding

Property Owner

GENERAL Armlicant: Location: Acreage: Land Use Designation: Existing Zoning: Requested Zoning: Existing Land Use:

ADJACENT LAND

SUMMARY PAGE

Graves Brothers Company Southwest comer of C.R. 510 & Old Dixie Hwy ±14.15 C/I, Commercial/Industrial CH, Heavy Commercial District CG, General Commercial District Packing HouseN acant

North: CH, Heavy Commercial; CG, General Commercial; IL, Light Industrial South: PD, Planned Development East: CG, General Commercial West: CH, Heavy Commercial

INFRASTRUCTURE Wastewater service is available to the site from the North County Regional Wastewater Treatment Plant, while potable water service is available to the site from the North County Reverse Osmosis Plant.

ENVIRONMENTAL CONSTRAINTS None I Flood Zone X

PUBLIC NOTIFICATION

Planning and Board of County

Zoning Commission Commissioners

Sasao Rohani

9/12/2012

8

6. N

Legend

ZONING -~= -~L E!i'locR C]eo

Notifications: l!I:: Date Notification

Mailed: Date Sign

Posted:

9/12/2012

9/12/2012

STAFF RECOMMENDATION Approval

ATTACHMENT 1

10

,

;-·," /'., {.:'•:·.;

. ~;~'.\\ '-';' ,, .. i

Each application must be complete when submitted and must '~pclude all r~qli,iref:· atta~hments. An incomplete application will not be processed and wtl¾}Is,"r,eturned ~?\(~;'

APPLICATION FORM REZONING REQUEST (RZON)

INDIAN RIVER COUNTY

apphcant. ·•, /-' /7 07 "·\ \~·,,. "••\·t.ts_~;A,~' .

Assigned Project Number: RZON - ;loon DCf.D z-:,/ -/;q32.v,

Current Owner Applicant (Contract Agent Purchaser)

Name: Graves Brothers Company I~ / Schulke, Bittle, & Stoddard, LLC

Complete Mailing 2770 Indian River Blvd., Suite 201 ~ / 171 ?!ndian River Blvd., Suite 20 I

Address: Vero Beach, FL. 32960 Vero Beach, FL. 32960

Phone#: (including area (772) 562-3886 X (772) 770-9622 code)

Fax#: (including area (772) 562-3565 / ~ (772) 770-9496 code)

E-Mail: ibassial~raves-bro.8'.l:om / "' · schulke(a.)sbsengineers.com Contact Person: Jeff B,,,,:(s //. , / " Joseph Schulke

Shwature of Owner o~ / I '/;J /I 8/3/iz_ - I I JV ' I

Site Address:

' ~L Property Information

8425 and 8465 Old D' ie Highway Vero Beach, FL 32967

5191 5195 85th Str €et Vero Beach, FL 32967

Site Tax Parcel I.D. #s: 31-39-33-00000-3000-00003.0/ 31-39-33-00000-I000-0000I.0 31-39-33-00000-1000-00001.l

Subdivision Name, Unit Number, Block and Lot Number (if applicable) NIA

Existing Zoning District: CH Existing Land Use Designation: C/1

Requested Zoning District: CG

Total (gross) Acreage of Parcel: 14.15 acres Acreage (net) to be Rezoned: 14.15 acres

Existing Use on Site: Packing warehouse, agricultural uses, nursery

Proposed Use on Site: Not yet detennined ,. ,,

ATTACHMtNi 2

THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPL YING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST.

REZONING APPLICATION CHECKLIST

Please attach the following items to this application. Do not ignore any of the items. Indicate "NIA" if an item is not a Iicable.

✓

\/

ITEMS I. Fee:

Property Size

- Less than 5 Acres - 5 to 40 Acres - 41 to I 00 Acres - More than I 00 Acres

* $125.00 for each additional 25 acres over 100 acres

4.

Letter of Authorization from Current Owner(s) OR Current Owner is A licant Verified statement (separate letter) naming every individual or entity having legal or equitable ownershi in the ro er .

./ 5.

I 6.

One I Co of the current Owner's Deed A Current Owner's Title Policy

OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownershi ofthe ro ert .

7. One (I) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following:

/ i'ii a legal description of the land to be rezoned ill the size of the land to be rezoned il!I the public road right-of-way width of adjacent roads;

and il!I a north arrow

8. Electronic version (MS Word is preferable) of the le al descri tion

/ 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency

Certificate, includina traffic stud , if a licable

$1,550.00 $2,000.00 X $2,300.00 $2,500.00*

X

X

X

X

X

X

X

NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 F:\Community Developrnent\Uscrs\ VICKJE\FORMS\rezoningrequestform.doc

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Section 911.10. - Commercial districts.

(1) Purpose and intent. The commercial districts are established to implement the Indian River County Comprehensive Plan policies for commercial development. These districts are intended to permit the development of commercial property to provide an efficient use of land and public infrastructure, promote the economic well being of the county, protect the natural resources and beauty of the county and ensure commercial development compatible with existing and proposed development.

In order to achieve this purpose, these districts shall regulate the size, scope, and location of commercial uses and provide standards to ensure development compatible with the built and natural environment.

(2) Districts. The following districts are established to implement the provisions of this chapter:

(a) PRO: Professional office district. The PRO, professional office district, is designed to encourage the development of vacant land and the redevelopment of blighted or declining residential areas along major thoroughfares in selected areas of the county. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development.

In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals.

(b) OCR: Office, commercial, residential district. The OCR, office, commercial, residential district, is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner which will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls for ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas.

(c) MED: Medical district. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations.

(d) CN: Neighborhood commercial district. The CN, neighborhood commercial district, is intended to provide areas for the development of highly restricted commercial activities to serve primarily the residents of the immediate area. The CN district is further intended to limit the intensity of commercial activities in order to ensure compatibility with nearby residential uses.

(e) CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial acti'{lties. The CL. district is intended to accommodate the convenience retail and service needil'.bf area residents, while minimizing the impact of such activities on any nearby residential areas.

ATTACHMENT 3

http:/ !library .municode.com/print.aspx?h=&clientID= 12232&HTMRequet=http%3a%2fl'/o2flibra. .. . 8/29/2012 i

Municode Page 2 of 11

(f)

(g)

CG: General commercial district. The CG, general commercial district, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses.

CH: Heavy commercial district. The CH, heavy commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts.

(3) Relationship with land use map. The commercial districts may be established in the following land use designations:

ommercial Land Use Desionation District C/I PUB RC PRO1

OCR "ED CN2

CL CG CH

I(

X ~

' "

' ~ X

C/1 - Commercial industrial

PUB - Public

RC - Regional commercial

"

"

"

"

Ix x X

1PRO may also be established in L-1, L-2, M-1, and M-2 land use designations.

"

"

"

"

"

K "

2CN may also be established in AG-1, AG-2, AG-3, R, L-1, L-2, M-1, and M-2 land use designations.

(4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings.

Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director.

District PRO OCR IMED CN ;;::L CG CH1

Aoriculture A0 ricultural Production Horticultural and " " " " p p p landscape plants and soecialties Kennels and animal " " " " " A A boardino Pet-grooming (no " " " " p p p boardino) Anricultural Services Landscaoe services " " " " " p p

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Commercial fisherv - - - - - A p Commercial Construction General building - - - - - - p contractors/special trade contractors I construction ·ards4

Finance, Insurance, Real Estate, Leoal Services Banks and credit - p - p p p -nstitutions

Small-scale banks and A p - p p p p credit institutions Security and commodity P p - p p p -brokers Insurance agents, p p - p p p -brokers and service lt>.utomatic teller - p p p p p -machines Real Estate p p - p p p -Holding and other p p - p p p -nvestment offices

Le2al services p p - p p p -Services Lodging facilities hotels - p p - p p -end motels Boardinohouses - A - lt,. lt,. p -Bed and breakfast p A A A A A -Membership based - - - - - p -hotels Personal Services Laundries and - - - p p p -laundromats (excluding drvcleaners \ Garment pressing and - - - p p p -drycleaners drop-off /nickuo Linen sunnlv - - - - p p Carpet and upholstery - - - - - p p cleanin2 Drvcleanino nlants - - - - - - p Photo<Jranhic studios - A - p p p -Beautv shoos - A - p p p -Barber shoos - lt,. - p p p -Shoe renair - A - p p p -Funeral homes - - - - - p -Funeral chanels - - - - p p -Crematoriums - - - - - p p Business Services IAdvertisino p p - - p p p Credit reporting and p p - - p p p collection Mailing, reproduction - p - - p p p and stenographic services

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Equipment rental and " " " " p p p leasin2 Emolovment a2encies p p " " p p p Heln sunnlv services " " " " " p p Computer and data p p " " p p p • rocessin2 Bail bondsman " " " " p p p General and professional P p " p p p "

office4

~uto Repair, Services and Parkino "utomotive rentals " " " " " p p ~utomobile parking and " " " " " p p stora12e Body and naint shops " " " " " " p General automotive " " " " " p p reoair Carwashes " " " " p p p Automotive fluid sales " " " " A p p and services ( other than oasoline) Miscellaneous Reoair Electrical renair " " " " p p p Watch, clock, iewelrv " " " " p p p Reupholsters and ''urniture

" " " " " " p

Weldino " " " " " " p "otion Pictures Production and " " " " " p p distribution services Motion oicture theaters " " " " p p "

Drive in theaters " " " " " " s (unenclosed commercial amusement\ Video taoe rentals " " " p p p "

!Amusement and Recreation Dance studios, school " " " " p p p and halls, 0 "mS - heatrical production " " " " p p "

includino music Enclosed commercial " " " " p p p amusements Unenclosed commercial " " " " " " ~

!amusements except miniature golf courses and drivino ran2es Health and fitness " " " I,.\ p p p centers Membership sports and " " " " p p p recreation Coin-operated " " " p p p "

amusements Miniature oolf courses " " " " " s A Drivina ranaes " " " " " I~ A

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Health and Medical ,ervices Offices and clinics p p p p p p -

otal care facilities - - p - - - -Hospitals - - p - - - -\\edical and dental - - p - p p -laboratory Home health care - - p - p p -services Specialty outpatient - - p - p p -:::linics Veterinarian clinic - - - - ~ ~ ~

Wholesale Trade Durable goods (not - - - - - - p including demolition debris site, junkyards, recycline center) Nondurable goods - - - - - - p Recycling center - - - - - - ~

(including vegetation debris mulchine\ Retail Trade Convenience stores - - - p p p p Building materials and - - - - - A p iarden sunnlies Paint, glass and - - - - p p p wallpaper stores Hardware stores - - - - p p p Retail nurseries and - - - - p p p garden sunnlies Model mobile home - - - - - A p display Mobile home trailer - - - - - - A sales General Merchandise Deoartment stores - - - - ~ p -~arietv stores - - - - A p -Flea market - - - - - - A ~uction facilities, - - - - - - A unenclosed Auction facilities, - - - - - p p enclosed Used merchandise - - - - p p p (including oawn shoos\ Food Stores G rocerv stores - - - p p p -Vieat and fish markets - - - p p p -

Fruit and vegetable - - - p p p -markets Candy, nut and - - p p p p confectionerv stores Dairy product stores - - - p p p -Retail bakeries - - - p p p -Automotive Dealers and Services

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New and used cars - - - - - p p dealers Used vehicle sales - - - - - s t,. l>.uto and home supply - - - - p p p stores Gasoline service stations - - - - II. p p Boat sales and rentals - - - - - t,. p Recreational vehicle - - - - - t,. II. sales \\otorcycle dealers - - - - - p p outomotive fuel sales - - - t,. II. p p Commercial marina - - - - - t,. p \\arine repair and - - - - - t,. p service ,pparel and Accessory - - - p p p -tores

Furniture and Home Furnishings Furniture and home - - - - A p p furnishing stores Small-scale home - t,. - - p p p furnishings showrooms (excluding furniture and major aooliances) Household appliance - - - - t,. p p stores Radio, television and - - - p p p -computer stores Eating and Drinking Establishments Restaurants - - ~ p p p p Carry out restaurants - ~ ~ p p p p Drive through - - - - - p p restaurants Bars and lounges - - - - , p p Bottle clubs - - - - - s t,. Miscellaneous Retail Drug stores - - p t,. p p -Liauor stores - - - p p p -\\iscellaneous shopping - - - - p p -~oods Florists - - p p p p -News stands - - p p p p -Soortine goods - - - - p p -Optical goods - - p p p p -Gift stores - - p p p p -Book and card store - - p p p p -Catalogue and mail - - - - - p p order house Fuel Dealers - - - - - p p Food and Kindred - - - - - - p Products Fruit and vegetable - - - - - ~ ~

Jacking houses Fruit and vegetable - - - - - - t,. ·uice extraction

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Communitv Services Educational Services Educational centers - ~ ~ ' ' ~ -including primary and secondarv schools Colle11es and universities - ~ ~ - ~ A -Libraries • 0 0 A p p -Vocational, technical - p p p p p -and business Institutional Individual and family - - p - p p -services Job training services - - - - p p p Child care and adult A '

p ~ p p -care Homes for aged, - - A - s -including nursing homes and rest homes Residential treatment - - p - s s s center Place of worship p p - - p p p Group homes - - p - s s s residential centers) ~dult congregate living - - p - s s s facility (21 + residents) .ultural and Civic p p A - p p -Facilities Civic and social - - ~ - p p -membership organizations Public Administration Government ~ p A p p p -administrative buildings Courts - - - - p p -Emernencv services p p p p p p p Industrial Printing and oublishing - - - - - - p Machine shops - - - - - - p Chemicals and Plastics Rubber and plastic - - - - - - p ootwear

Hose, belts, gaskets - - - - - - p packing ~ssembly production - - - - - - p (not including manufacturino\ Transportation and cammunication Railroad/Bus -ransoortation Services Local and suburban - - - - - p p transit

rucking and courier - - - - - - p services Commercial warehousing- - - - - - p and storage

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\loving and storage - - - - - - p rucking terminals - - - - - - p

Self-service storage - - - - s ~ p acilities

Outdoor storage - - - - - - ' Vehicle storage lot - - - - - - p toaved/unpaved)3

Post Office p p p p p p p ""ater transport services - - - - - - p Air transoort services - - - - - - p Pipelines - - - - - - p Helioort/helioad - - - - s -Recycling centers - - - - - - 0

Travel and tour agencies - p - - p p -Freight transport - p - - - p p arrangement Communications

elephone and - p - - p p p eleeraoh

Radio and television - p - - p p p broadcastini:? Cable and oav T.V. - p - - p p p Communications towers ~5 As As As As ~5 ~5

wireless facilities) Communications towers (non-wireless facilities)4

Amateur radio accessorv use)

Less than 80 feet p p p p p p p 80 feet or taller s s s s s s s

(see 971.44(4) for special criteria)

Commercial Up to 70 feet:

Camouflaged p p p p p p p Non-camouflaged P p p p p p p

70 feet to 150 feet: Camouflaged A A A A A 0 0

Monopole A A A A A ~ ~

(minimum of 2 users) Not camouflaged s s s s s s s

and not monooole Over 150 feet:

All tower types - - - - - - -(see 971.44(1) for mecial criteria) Public and private A A A A ~ ~ ~

utilities, limited Public and private - - - - - - s utilities, heavv Residential Uses Sinele-familv dwelling p p - - - - -

Duplex p p - - - - -

½ultifamily dwelling p p A ~ 0 A -Accessory housing - - - - - - p (watchman)

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Municode

P = Permitted use

A = Administrative permit use

S = Special exception use

Page 9 of 11

1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property.

2 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6).

4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met:

•All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces.

•The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use.

•Except for vehicle parking, all uses shall be conducted within an office building. 5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

(5) Accessory uses and structures as provided in Chapter 917

(6) Required improvements. All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida.

District PRO OCR IMED CN CL CG CH

Bikewavs )( Ix Ix Ix Ix Ix Ix Sidewalks Ix Ix Ix X V X Ix Streetliohts )( Ix Ix Ix Ix X Ix

(7) Size and dimension criteria:

PRO OCR MED CN CL CG tH Min. Lot 10,000 10,000 20,000 20,000 10,000 10,000 10,000 size so. ft. Min. Lot ,1_QQ ,100 JQQ JQQ JQQ ,100 ,100 Width ft. IMin. Yards ft.

Front 25 25 25 25 25 25 25 Rear 125 20 20 20 10 10 10 Side 20 20 20 20 10 10 10

Max. 35 40 40 140 140 40 40 Coveraoe %

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Municode

Min. Open 35 35 30 30 25 Snace % 'Aax. 35 35 35 35 35 Building Hei11ht ft. Residential RM-6 RM-6 RM-8 RM-8 RM-8 District Reoulations Hotel and - 1200 1200 - 1200 motel minimum square feet of land !area per unit

Notes:

Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet;

Rear Yards (CH only) 0 if abutting FEC Railroad;

Page 10 of 11

25 20

35 35

RM-8 RM-8

1200 -

Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only).

Height - See section 911.15 for exceptions.

Maximum FAR {Floor Area Ratio):

Retail trade 0.23 FAR

• Office, business/personal services, recreational, schools, institutional 0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR

(8) Required buffer yards:

Abutting Use/District District Single-Family Multi-Family

PRO OCR "ED CN CL CG CH

Buffer Tune Buffer Tune C - 6 ft. Ooaaue C - 3 ft. Ooaaue C - 6 ft. Onanue C - 3 ft. Onanue C - 6 ft. Ooaoue C - 3 ft. Ooaaue B - 6 ft. Onanue C - 6 ft. Opaque B - 6 ft. Ooaaue C - 6 ft. Ooaaue B - 6 ft. Opaque C - 6 ft. Opaque B - 6 ft. Ooaaue B - 6 ft. Ooaaue

Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards.

When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail}, and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight-foot high wall shall be required between the

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loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08.

(9) Special district requirements.

(a) PRO-Professional office district.

(b)

1. Location and land use.

a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map.

b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan.

2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2½) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria:

3.

a. The parcel(s) abuts a commercial node or corridor; and

b. The parcel(s) is located within a substantially developed area; and

c. The parcel(s) is located in an area dominated by nonresidential uses.

District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway.

CN-Neighborhood commercial district. 1. Land use and location. The CN, neighborhood commercial, district has been

established on various sites throughout the county that are designated AG-1, AG-2, AG-3, R, L-I, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded.

2. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23, 12-4-91; Ord. No. 92-11, §§ 3, 14, 24, 4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§ 13, 18, 3-18-93; Ord. No. 93-29, §§ 50, 11C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94-25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6, 12-17-96; Ord. No. 97-16, § 3/5), 5-6-97; Ord. No. 97-21, § 4/A), 7-15-97; Ord. No. 97-29, §§ 2/A), 6, 12, 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 99-13, § 7A, 5-5-99, Ord. No. 2000-039, § 1, 11-21-00; Ord. No. 2002-016, § 1E, 4-2-02; Ord. No. 2002-031, § 1E, 11-12-02; Ord. No. 2003-004, § 1, 2-4-03; Ord. No. 2010-017, § 1, 10-5-10; Ord. No. 2012-016, §§ 4, 7E, 8, 9, 7-10-12)

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Traffic Engineering, Transportation Planning

Prepared by:

TRAFFIC ANALYSIS

FOR

GRAVES REZONING- 14.15 ACRES

Prepared for:

Mr. Jeff Bass Graves Brothers Company

27790 Indian River Boulevard Suite 201

Vero Beach, Florida 32960

Prepared by:

Susan E. O'Rourke, P.E., Inc. 428 SW Akron Avenue

Suite la Stuart, Florida 34994

772-781-7918

July 22, 2012 Revised August 30, 2012

IR12052.0

Susan E. O'Rourke, P.E., Inc. Certificate of Authorization: #26869 428 SW Akron Avenue, Ste. 1A Stuart, Florida 34994 772-781-7918

428 SW Akron Avenue Suite 1A Stuart, Florida 34984

772.781.7818 772. 781.9261 fax

[email protected]

Traffic Engineering, Transportation Planning

July 22, 2012

Mr. Jeff Bass Graves Brothers Company 27790 Indian River Boulevard Suite 201 Vero Beach, Florida 32960

Re: 14.15 Acre Rezoning on CR 510

Dear Mr. Bass:

Susan E. O'Rourke, PE, Inc. has completed the traffic impact assessment of the proposed rezoning of approximately 14.15 acres of Commercial- High land to Commercial- General land to be located on CR 510 west of Dixie Highway. The steps in the analysis and the ensuing results are presented herein.

It has been a pleasure working with you. If you have any questions or comments, please give me a call.

Respectfully submitted, Susan E. O'Rourke, P.E., Inc.

--:;,"'-/~ f;-~

Susan E. O'Rourke, P .E. Registered Civil Engineer - Traffic

428 SW Akron Avenue Suit.e 1A Stuart, Florida 34994

772.781.7918 . 772.781.9261 fax

[email protected]

Graves Brothers CR 510- TRAFFIC IMP ACT SUMMARY - September 4, 2012 1. Location: south of CR 510 west of Dixie Highway east of 58th Avenue

2. 14.15 acres to be treated as General Commercial

3. Trip Generation: 5,361 daily, 506 PM peak hour and 90 AM peak hour trips

4. Area of Influence Boundaries: Schumann to the north, 41 st Street to the south, AIA to the east and 90tll Avenue to the west.

5. Significant Roads: CR 510, US 1, Kings Highway

6. Significant Intersections: CR510 I0/66t11 Avenue, CR510/ 5gt11 Avenue, CR510/ US 1, US 1/ 69tll Street, US 1/ Barber Street.

7. Trip Distribution: See Report Figure 2, FSUTMS run Appendix A

8. Internal Capture: none

9. Pass-by-Capture: 37% (new trips -63%)

10. P .M. Peak Hour Directional % (ingress/egress): 49% entering/51 % exiting

11. Traffic Count Factors Applied: FDOT Peak Season Correction Factor (PSCF)

12. Off-Site Improvements: Time development to the placement of CR 510 in the first three years of the CIP.

13. Roadway Capacities (IRC Link Sheets): See Appendix, July 9, 2012 tables

14. Assumed roadway and/or intersection improvements: Links 1810E, 1820W, 1830 E/W require 4lanes; the intersection of CR 510/ 66tll Avenue requires an additional lane eastbound and westbound, the intersection of C 510/ US 1 requires an additional lane eastbound and westbound along with the striping of an additional NB left turn lane and dual left turn lanes on all remaining approaches. These improvements are part of the planned widening of CR 510. However, Graves will be conditioned to these improvements through actual construction, waiting for construction or paying a proportionate fair share. These conditions will be finalized at the time of final site plan.

15. Significant Dates a) Pre-study conference: June 2012 b) Traffic counts: intersections late 2011 and first balf2012 - link sheets based npon July 9, 2012 link tables provided by Indian River County. c) Study approval: Link Sheets (Appendix) to include:

ATTACHMENT l~.

I . Date of compilation 2. Existing traffic counts 3. Project traffic 4. Vested traffic 5. Link capacity 6. Available traffic

INTRODUCTION

STANDARD

PROJECT TRAFFIC Land Use/ Trip Generation

DISTRIBUTION/ ASSIGNMENT Area of Influence Study Area

TABLE OF CONTENTS

EXISTING TRAFFIC CONDITIONS

FUTURE TRAFFIC CONDITIONS Non-Project traffic Total Traffic

ANALYSIS Intersection Analysis Arterial Analysis

CONCLUSION

TABLES

TABLE 1: Trip Generation TABLE 2a: AM Determination of Study Intersections TABLE 2b: PM Determination of Study Intersections TABLE 3: PM Link Analysis TABLE 4: Intersection Level of Service

FIGURES

FIGURE 1: Project Location FIGURE 2: Project Traffic Assignment

APPENDICES

APPENDIX A: Site Layout APPENDIX B: Traffic Distribution and Assignment (Map from Model) APPENDIX C: County Link Data and FOOT Capacity Tables APPENDIX D: Turning Movement Volumes and Signal Timing APPENDIX E: Intersection Volume Development Worksheet and Seasonal Factors APPENDIX F: Intersection Analysis Worksheet

1

1

3 3

5 5 5

9

9 9 9

11 11 11

12

4 7 8

10 11

2 6

INTRODUCTION

Susan E. O'Rourke, P .E., Inc. was retained to prepare a traffic impact analysis report for the rezoning of 14.15 acres on CR 510 from heavy commercial to general commercial in Indian River County. The purpose of the study was to determine the impact of the traffic on the surrounding roadway network and address project concurrency. Figure l shows the project location. A site layout is shown in Appendix A.

STANDARD

The project was analyzed following the accepted practice for measuring concurrency in Indian River County. The following components of the study must be addressed: project traffic assignment out to 8 or more trips on a two-lane roadway and 15 or more trips on a four-lane roadway, evaluation of all links with total traffic more than 80% of level of service D and evaluation of all intersection on which the project traffic is more than 2% of level of service C on a link.

l

Seba5t1an Muf'licioel Airport

1!~1h51 Counti,· R:i51a

s::.rdSt

t NORTH

Notto Scale

C.l.l.Grves.FIGURES_7.24.2012

Englar or

• Adams Property

8;:irb8TSt

Coun~ Rd S10

CoRd'50a

TurtJe f-'<on ~u3h,

CCliiit1$H,.,'-:t

0

0

r John's

Island Club

8Sttl S1 \~

0 r ~ Re-dslick ~ Golf Club

Kiwanis-Hobart Park •

@

-Pfne /sl8nd Ba}'

0

@

' DOI.ti St 6S1h 5t

W11ter i Beaeh j

05t'1 St "2012 ~ - Map - ©2012 Google

FIGUREl

Project Location

Graves Rezoning

2

PROJECT TRAFFIC

Lan'dUse/ Trip Generation -For a rezoning to general commercial, a project size of 10,000 square feet of retail per acre must be evaluated. As such, an estimated 141,500 is proposed.

The project traffic was generated using the Trip Generation 8th Edition, by ITE; land use code 820. Table l shows the trip generation of the project.

As shown, the PM peak hour would have 506 peak hour trips with 248 trips entering the site and 258 trips exiting the site. The AM peak hour would have 90 trips with 55 trips entering the site and 3 5 trips exiting the site.

3

Parcel 1 Trip Generation- Retail Shopping Center

Land Use SF/ % % (l)Pass- Pass-by Net Net Net New Descrlotion Code Quantity Equation Trips In Out In Out by% Trips In Out Total Daily 820 141,500 Ln(T)=0.65 Ln(x)+5.83 8,510 so so 4255 4255 37 3149 2680 2681 5361 AM Peak Hour 820 141,500 T=l.O(X) 142 61 39 86 56 37 52 55 35 90 PM Peak Hour 820 141,500 LnfTl=0.67 Ln(x)+3.37 803 49 51 393 410 37 297 248 258 506 Source: ITE, 8th Edition

-_.,., _., -----------Land Use SF/ Pass-by

Description Code Quantitv New Trios o/o %

Retail 820 141,500 63 37

<1>Pass-by Source: Indian Rlver County

...

DISTRIBUTION/ ASSIGNMENT

The FSUTMS model was run to detennine the distribution and assignment of the project. The project percentage assignment is shown in Figure 2. The select zone run is included in Appendix B.

Area of Influence

The project assignment shows that the project will have traffic north and south on US 1 west on CR 510 and east to the island.

Study Area

The study area is defined by those links on which the project has 15 directional peak hour trips on a foui:-lane or more roadway and eight trips on a two-lane or more roadway. As noted a select zone report was provided to Indian River County for review. After reviewing with County staff, revisions were made to show a greater draw to US 1. The study area links are shown in the existing and future traffic sections of this report.

Roads with the minimum 15 directional peak hour trips on a four-lane or more roadway and eight trips on a two-lane roadway include CR 510, US 1, Dixie Highway, and Kings Highway. The study intersections are those where the project traffic represents 2% of the capacity. on an approach.

Table 2 shows the determination of the intersections. The five intersections that require analyses are- CR 510/ 66th Avenue, CR 510/ 58th Avenue, CR 510/ US 1, US 1/ Barber Street, and US 1/ 69th Street.

5

"" 85th St/ CR , lO

.,

"*' ' Notto Scalt

,0%

9%

AO

w

'""" 5%

N

J ~ ~ <

~

13%

., w 1'%

11th SIi Habirt Rd

'"' R-508

St/ S Wlll1m" Beach Rd

""'" 4ht St/ S Griffin Rd

Project ¾ Assis:nmeut

Graves RezollHl.e; • 13.43 Acres

6

" I

Intersection

CR510/US1 CR510 Bridge Blvd. us 1 us 1

CR 5101 Kings Highway Kings Highway na CR510 CR510

CR 510/ 66th Avenue 66th 66th CR510 CR510

Barber Street/ US 1 Barber Street Barber Street us 1 Us 1

Schumann Street/ US 1 Schumann Street Schumann Street US 1 NB US 1 SB

Copy of C 1 wabasso tables 2a and 2b 08-30-2012

TABLE 2a: AM - DETERMINATION OF STUDY INTERSECTIONS

LOSC Classification Volume

2 Ln 2 Ln 2 Ln 2 Ln

2 Ln 2 Ln 2 Ln 2 Ln

2 Ln 2Ln 2 Ln 2 Ln

2 Ln 2 Ln 4 Ln 4 Ln

2 Ln 2 Ln 4 Ln 4 Ln

560 560 1890 1890

820 820 560 560

740 740 820 820

740 740 1890 1890

740 740 1890 1890

2% Approach Percent Project LOS C Direction Assignment Direction

11.2 11.2 37.8 37.8

16.4 16.4 11.2 11.2

14.8 14.8 16.4 16.4

14.8 14.8 37.8 37.8

14.8 14.8 37.8 37.8

rn B B B

[I] B B B

[I] B B B

rn B B B

rn B B B

70% 17% 25% 28%

9% na

21% 30%

0% 10% 11% 21%

0% 0%

23% 23%

0% 0%

23% 23%

out in in

out

in

in out

in in in

out

in out in in

in in

out in

Trips In: 55 Trips Out: 35

Project> Project Trips 2% LOS

C

25 9 14 10

5 na 12 11

0 6 6 7

0 0 13 13

0 0 8 13

yes no no no

no na yes no

no no no no

no no no no

no no no no

CR510/US1 CR510 Bridge Blvd. us 1 us 1

Intersection

CR 510/ Kings Highway Kings Highway na CR510 CR510

CR 510/ 66th Avenue oo 1. 66th

66th CR510 CR510

Barber Street! US 1 Barber Street Barber Street us 1 Us 1

Schumann Street! US 1 Schumann Street Schumann Street US1 NB US 1 SB

Copy of C 1 wabasso tables 2a and 2b 08--30-2012

TABLE 2b: PM - DETERMINATION OF STUDY INTERSECTIONS

LOSC Classification Volume

2 Ln 2 Ln 2 Ln 2 Ln

2 Ln 2 Ln 2 Ln 2 Ln

2Ln 2Ln 2 Ln 2 Ln

2 Ln 2 Ln 4 Ln 4 Ln

2 Ln 2 Ln 4Ln 4 Ln

560 560 1890 1890

820 820 560 560

740 740 820 820

740 740

1890 1890

740 740 1890 1890

2% Approach Percent Project LOS C Direction Assignment Direction

11.2 11.2 37.8 37.8

16.4 16.4 11.2 11.2

14.8 14.8 16.4 16.4

14.8 14.8 37.8 37.8

14.8 14.8 37.8 37.8

rn B B B

rn B B B

rn B B B

rn B B B

rn B B B

70% 17% 25% 28%

9% na

21% 30%

0% 10% 11% 21%

0% 0%

23% 23%

0% 0%

23% 23%

out in in

out

in

in out

in in in

out

in out in in

in in

out in


Project> Project Trips 2% LOS

C

181 42 62 72

22 na 52 77

0 25 27 54

0 0

57 57

0 0 59 57

yes yes yes yes

yes na yes yes

no yes yes yes

no no yes yes

no no

yes yes

EXISTING TRAFFIC CONDITIONS

The existing peak hour volumes were obtained from the County. Those volumes are shown in the first few columns of the link table provided in the "Future Traffic section below.

FUTURE TRAFFIC CONDITIONS

In order to meet concurrency, the project must demonstrate that the link affected by the project at a minimum 15 directional peak hour trips on a four-lane or more roadway or 8 trips on a two-lane or more roadway does not exceed 80% of service standards of the road or 2% of level of service C. If these thresholds are met, the link or intersection must be analyzed to demonstrate that the link or intersection does not exceed level of service D.

Non-Project Traffic

The County maintains spreadsheets that identify the existing traffic volumes and the vested trips. The database has been updated to July 2012. A growth rate of 5% was provided by Indian River County. The growth of 5 years was added to the existing traffic and vested trips to estimate PM peak-hour non-project traffic. The County link data is provided in Appendix C.

Total Traffic

The project trips were added to reflect total traffic. Table 3 summarizes the non-project sums and the total traffic with the project added along with the resultant Level of Service for each link.

As shown in the table, LOS Dis exceeded for the following links: 1810E- CR510 from CR 512 to 66th Avenue, 1820W - CR 510 from 66th Avenue to 58th Avenue and, l 830E and 1830W - CR 510 from 58th Avenue to US 1. These links are currently one lane in each direction. Prior to approval of a final site pan on this project, these links will need to be improved to two lanes in each direction or a) this project will be conditioned to construct the improvements orb) time its development such that the improvements are in place before the project impacts or c) the improvements will need to be in the first three years of the County CIP and the project will be required to pay its proportionate share of the improvements.

9

TABLE 3: PM• LINK ANALYSIS •TOTAL TRAFFIC

IS Total Link Total "'fflc Is Total

Threshold 2011 2011 plus Traffie less than Tmfflc LOS LOS 80% Direction al gn>Wlh Vested w/out LOS Project 80%of less than w/out Total

Link# Link Name D11'9ctlon LOSO LOSO Volume 2017 Tnps Pro/ect Existing ProJeol % Trips Total Traffic LOSO? LOSO? project Traffic Note: FutJJre cepacity of CR 510 (1960) wlll accommodate future lrafffo 1810E CR510//CR512//66thAvenue eastbound aao 704 687 797 185 982 C 11 28 1010 no no F F 1810W CR510/ICR512//66thAvenue westbound aao 704 471 546 130 676 C 11 ');/ 703 yes yes C C 1820E CR 510 1166th Avenue 1158th Avenue (klnga Highway) eastbound aao 704 681 651 129 780 C 21 54 834 no yes C D 1820W CR 510 // 66th Avenue 1158th Avenue (klnga Highway) westbound aao 704 665 771 136 909 C 21 52 961 no no F F 1830E CR 5101158th Avenue (Kings Highway)//Old Dixie Highway eastbound 810 548 695 806 133 939 D 70 181 1120 no no F F 1830W CR 510 II 58th Avenue (Kings Hlghway)J/Old Dixie Highway westbound 810 648 589 683 160 843 D 70 174 1017 no no D F 1840E CR 5101/ Old Dixie Highway// US 1 eastbound 810 848 695 806 133 939 D 47 121 1060 no no F F 1840W CR510/IOldDlxieHlghway/lUS1 westbound 810 648 589 693 160 843 D 47 117 960 ao ao D F 1840E CR 5101/ US 1 fl SR /JJA eastbound 2,049 1639 583 676 179 855 C 13 32 887 yes yes D F 1840W CR510f/US1/ISRAJA westbound 2,049 1639 708 821 185 1,006 C 13 32 1038 yes yes F F

3065N 58th Avenue (Kings Hlgl\way)// 77th Street// CR 510 northbound 880 704 357 414 67 481 8 9 23 504 yes yes B C 3055S 58th Avenue (Kings Highway)!/ nth Street// CR 510 southbound BBO 704 281 326 94 420 8 9 22 442 yes yes B C

1395N US 11/ Schumann II CR 512 northbound 1,960 1568 1151 1,335 108 1,443 B 26 65 1507 yes yes B B 13955 US 1 fl Schumann// CR 512 southbound 1,960 1568 909 1,054 125 1,179 B 25 82 1241 ye, yes B B 1390N us 1 /IOldD!xl!?Hlghway//SehumannOr northbound 2,210 1768 1300 1,508 130 1,638 B 23 59 1697 yes yes C C 13905 US 1 II Old Dixie Highway// Sehumann Dr southbound 1,960 1568 906 1,051 125 1,176 B 23 57 1233 yes yes B B 1385N US 111 CR 508//O!dOlxie Highway northbound 2,648 2118 1,392 1,614 128 1,742 B 28 69 1812 yes yes C C 13B5S US 111 CR 508//Old Dixie Highway southbound 1,960 1568 882 1,023 94 1,117 B 28 72 1189 yes yes B B 1380N US 1 //65lhStreetl/CR508 northbound 2,631 2105 1,467 1,701 103 1,804 B 28 68 1874 yes yes C C 1380S US 11165th Street// CR 508 southbound 1,960 1568 901 1,045 76 1,121 B 28 72 1193 yes yes B B

, 1375N US 11149th St// 65th Street 5 northbound 2,568 2054 1,549 1,796 209 2,005 B 28 89 2075 ao yes C C 13755 US 11149th Stf/651h Street southbound 2,010 1608 905 1,050 130 1,180 B 28 72 1252 yes yes B B 1370N US 1 JI 45th St/I 49th Street northbound 2,384 1907 1,414 1,640 184 1,804 B 28 69 1873 yes yes C C 1370S US 11145th Stf/49th Street southbound 2,010 1608 808 937 89 1,026 B 28 72 1098 yes yes B B 1365N US 11141 St. /I 45tll Street northbound 2,352 1682 1,242 1,440 155 1,595 B 28 69 1665 yes yes B C 1365S US 1 //41 SL l/45tll Street southbound 2,010 1608 848 983 82 1,065 B 28 72 1136 yes yes B B

2365N Old Dixie Hfgl\way II CR 510 JI 17th Street northbound 880 704 75 87 19 108 B 4 10 116 yes yes B B 2365s Old Dixie Highway II CR 510 I/ nth Street southbound 880 704 43 50 4 54 B 4 10 84 yes yes B B


ANALYSIS

Intersection Analysis

The five intersections were analyzed for the AM and PM peak hours. The traffic counts were obtained from Indian River County and adjusted to the peak season based on FDOT seasonal factors. The volwnes were grown to the year 2017 to reflect the potential buildout of the project.

Each intersection was the analyzed using the 2010 HCS software. Timing for the intersection was provided by Indian River County.

The results are summarized in Table 4. improvements are needed at CR 510 and 66th

Avenue to maintain level of service D or better. The through lanes proposed for CR 510 will provide the acceptable level of service. CR 510/ US 1 will need timing changes as the volumes increase. A restriping to allow the second northbound left tum lane will provide needed turn lane capacity. This improvement can be accommodated with the widening of CR 510. The widening will allow for two receiving lanes from US 1 and dual left turn lanes on all approaches.

Table 4· Intersection Level of Service . Intersection AM-Delav AM-LOS PM-Delav PM-LOS CR 510/ 58'11 Avenue 41.5 D 44.6 D CR 510/ 66'" Avenue 108.8 (48.4) F(D) 167.3 (53.3) FCD) CR510/US I 54.1(46.9) nm) 80.2 (49.0) Fm, Barber Street/ US I 37.9 D 53.2 D 69"' Street/ US I 32.8 C 49.4 D

As shown, additional through lanes will be required at intersections along CR 510 along with .the provision of dual left- turn lanes on all approached at US 1/ CR 510. The project will be required to construct these improvements or time development such that the improvements are in place before the project impacts or wait for the placement in the first three years of the CIP and pay a proportionate fair share of the improvements.

Arterial Analysis

At the time of the site plan submittal, detailed analyses will be required for all links where the capacity is exceeded along CR 51 o; The analysis was not conducted at this time, because the project plans to develop after the roadway has been constructed or, at a minimwn, added into the first three years of the 5 year CIP.

11

CONCLUSION

The 141,500 square foot general commercial project will have an impact to the roadway network having 506 PM peak hour trips. A thorough review of the surrounding roadway. network shows that the project will have an impact on CR 510 and US 1.

As shown in the analyses, LOS D is exceeded for the following links: 181 OE- CR5 l 0 from CR 512 to 66th Avenue, 1820W -CR 510 from 66th Avenue to 58th Avenue and, 1830E and 1830W -CR 510 from 58th Avenue to US l. These Jinks are currently one lane in each direction. Prior to approval of a final site pan on this project, these links will need to be improved to two lanes in each direction or a) this project will be conditioned to construct the improvements or b) time its development such that the improvements are in place before the project impacts or c) the improvements will need to be in the first three years of the County CIP and the project will be required to pay its proportionate share of the improvements.

As shown, additional through lanes will be required at intersections along CR 510 along with the provision of dual left-tum lanes at all approaches at US 1/ CR 510. The project will be required to construct these improvements or time development such that the improvements are in place before the project impacts or wait for the placement in the first three years of the CIP and pay a proportionate fair share of the improvements.

Improvements to CR 510 are in process by Indian River Cqunty. These improvements will provide the capacity to enable the roadways and intersections to operate at acceptable levels of service. Specific Conditions of approval will ensure that the Graves development will be consistent with the timing of the improvements.

12

2010 HCS Signalized Intersection Results Summary

Intersection Information Susan E. O'Rourke, PE Duration, h 0.25

LSB Analysis Date Aug 30, 2012 Area Type Other·

Indian River County lime Period PM Peak Hour PHF 0.95 US 1/CR 510 Analysis Year 2017 Analysis Period 1> 4:15

CR510US1PMfullyexpanded.xus

L T

117 465

Signal lnfonnation . Cycle, s 158.7 Reference Phase 2 Offsel, s 0 Reference Point End

YE!S Simult. Gap E/W On

Simult Gap N/S

Timer Results EBL EBT WBL WBT NBL NBT SBL SBT Assigned Phase 3 8 7 4 1 6 5 2 Case Number 1.1 3.0 1.1 3.0 2.0 3.0 2.0 3.0 Phase Duration, s 23.7 43.0 25.0. 44.3 34.2 66.9 23.8 56.5 Change Period, (Y+Rc), s 5.7 6.0 6.0 6.0 6.0 6.0 5.8 6.0 Max Allow Headway (MAH), s 3.1 3.0 3.1 3.0 3.1 3.0 3.1 3.0 Queue Clearance lime {gs}, s 12.3 12.9 14.7 23.7 23.6 57.6 7.2 17.5 Green Extension lime {ge}, s 0.4 1.9 0.4 1.7 0.6 3.3 0.2 5.8 Phase Call Probability 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Max Out Probability 0.09 0.00 0.36 0.01 0.35 0.54 0.00 0.01

Movement Group Results EB WB NB SB Approach Movement L T R L T R L T R L T R

Assigned Movement 3 8 18 7 4 14 1 6 16 5 2. 12 Adjusted Flow Rate (v), veh/h 313 293 0 383 541 11 489 1300 164 123 489 7

Adjusted Saturation Flow Rate (s), veh/h/ln 1723 1773 1579 1723 1773 1579 1723 1773 1579 1723 1773 1579 Queue Service time (gs), s 10.3 10.9 0.0 12.7 21.7 0.8 21.6 55.6 9.1 5.2 15.5 0.5 Cycle Queue Clearance lime {gc), s 10.3 10.9 0.0 12.7 21.7 0.8 21.6 55.6 9.1 5.2 15.5 0.5 Capacity (c), veh/h 662 827 649 859 856 381 612 1361 795 391 1128 502 Volume-to-Capacity Ratio {X) 0.472 0.354 0.000 0.446 0.632 0.028 0.799 0.955 0;207 0.315 0.434 0.015 Available Capacity (ca}, veh/h 662 827 649 859 856 381 612 1437 829 391 1128 502 Back of Queue (Q), veMn 4.4 4.9 0.0 5.4 9.7 0.3 9.9 23.9 3.4 2.3 6.2 0.2 Overflow Queue {Q,), veMn 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Queue Storage Ratio {RQ) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Uniform Delay {d1), s/veh 38.8 50.8 0.0 37.0 53.9 46.0 62.5 37.5 21.8 64.7 35.6 37.1

Incremental Delay {d2), s/veh 0.2 0.1 0.0 0.1 1.2 0.0 6.9 13.8 0.0 0.2 0.1 0.0 Initial Queue Delay (da), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay {d), s/veh 39.0 50.9 0.0 37.1 55.0 46.0 69.4 51.3 21.9 64.8 35.7 37.1 Level of Service .(LOS) D D D E D E D C E D D Approach Delay, s/veh / LOS 44.8 D 47.6 D 53.4 D 41.5 D Intersection Delay s/veh / LOS 49.0 D

MultiModal Results EB WB NB SB Pedestrian LOS Score / LOS 3.1 c- 3.1 C 32 C 3.4 C Bicycle LOS Score I LOS 1.0 A 1.3 A 2.1 B 1.0 A

Copyright© 2010 University of Florida, All Rights Reserved HCS 2010·™ Version 6.1 Generated: 9/4/2012 2:09:26 PM

2010 HCS Signalized Intersection Results Summary

Intersection Information Susan E. O'Rourke, PE Duration, h 0.25 LSB Analysis Date Aug 30, 2012 Area Type Other· Indian River County lime Period AM Peak Hour PHF 0.95 US 1/CR 510 Analysis Year 2017 Analysis Period 1> 7:30 US1 CR51 0fullyexpandedAM.xus

Signal Information Cycle, s 158.7

Offsets 0 Uncoordinated

Timer Results Assigned Phase

Case Number Phase Duration, s

Reference Phase

Reference Point Simult. Gap E/W

Simult. Gap N/S

Change Period, (Y+Rc}, s Max Allow Headway (MAH), s Queue Clearance lime (gs), s

Green Extension lime (ge), s Phase Call Probability

Max Out Probability

Movement Group Results Approach Movement

Assigned Movement Adjusted Flow Rate (v), veh/h

Adjusted Saturation Flow Rate (s), veh/hfln

Queue Service time (gs ),s

Cycle Queue Clearance lime (gc), s

Capacity (c), veh/h

EBL EBT WBL WBT NBT 3 8 7 4 1 6

1.1 3.0 1.1 3.0 1.1 3.0 23.7 44.1 25.7 46.1 31.0 64.9 5.7 6.0 5.7 6.0 6.0 6.0 3.1 3.2 3.1 3.2 3.2 3.2 8.6 34.2 14.8 12.9 5.5 24.3 0.3 1.1 0.5 2.2 0.3 6.6 1.00 1.00 1.00 1.00 1.00 1.00 0,00 0.75 0.19 0.00 0.00 0.03

EB WB NB L T R L T R L T R 3 8 18 7 4 14 1 6 16

207 264 333 396 299 44 158 720 236 1723 1773 1579 1723 1773 1579 1723 1773 1579

6.6 9.7 32.2 12.8 10.9 3.4 3.5 22.3 17.5 6.6 9.7 32.2 12.8 10.9 3.4 3.5 22.3 17.5

877 852 379 923 896 399 659 1316 586

SBL SBT 5 2

1.1 3.0 24.0 57.9 6.0 6.0 3.2 3.2 4.6 49.9

0.1 2.0 1.00 1.00 0.00 1.00

SB L T R 5 2 12

99 1107 4

1723 1773 1579

2.6 47.9 0.3 2.6 47.9 0.3 818 1159 516

Volume-to-Capacity Ratio (X) 0.236 0.310 0.878 0.429 0.334 0.111 0.240 0.547 0.403 0.121 0.955 0.008 Available Capacity (ca), veh/h 877 852 379 923 896 399 659 1316 586 818 1185 527 Back of Queue (Q), vehfln 2.8 4.3 14.9 5.4 4.9 1.4 1.4 9.0 6.8 1.1 22.3 0.1 Overflow Queue (Qa), vehfln Queue Storage Ratio (RQJ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Uniform Delay (d1), s/veh 35.6 49.5 58.0 35.1 48.4 45.6. 28.9 30.9 36.9 26.4 43.6 36.0 Incremental Delay (d2), s/veh 0.1 0.1 19.5 0.1 0.1 0.0 0.1 0.3 0.2 0.0 16.2 0.0 Initial Queue Delay (da), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay (d), s/veh 35.6 49.6 77.5 35.2 48.5 45.6 28.9 31.1 37.1 26.4 59.8 36.0 Level of Service (LOS) D D E D D D C C D C E D Approach Delay, s/veh / LOS 57.5 E 41.2 D 32.1 C 57.0 E Intersection Delay s/veh / LOS 46.9 D

MultiModal Results EB WB NB SB Pedestrian LOS Score I LOS 3.1 c- 3.1 C 3.1 C 3.2 C Bicycle LOS Score I LOS 1.2 A 1.1 A 1.4 A 1.5 A

Copyright© 2010 University of Florida, All Rights Reserved HCS 2010T,., Version 6.1 Generated: 914/2012 2:10:45 PM

Sasan Rohani

From: Jeanne Bresett

Sent: Thursday, September 06, 2012 5:08 PM

To: Sasan Rohani

Subject: Graves Brothers Rezoning

Sasan:

Traffic Engineering staff reviewed and approved the traffic impact study for the subject project with conditions. The roadway and intersection improvements identified in the traffic impact study shall be funded within the first three years of the County's five year Capital Improvement Program at the time of site plan approval.

The improvements are as follows:

1) Four-lane roadway- CR510 from 66th Avenue to US#1 2) Fully expanded intersection at CR510 and US#1 (Dual left-turn lanes, exclusive

right-turn lanes, and two through lanes on each approach)

Jeanne Bresett, Traffic Analyst Indian River County Public Works Department Traffic Engineering Division 1801 27th Street, Building A Vero Beach, FL 32960 PH: (772) 226-1326 FAX: (772) 778-9391 EMAIL: [email protected]

From: Sasan Rohani Sent: Thursday, September 06, 2012 10:26 AM To: Jeanne Bresett Subject: RE: Graves Borthers

Thanks

From: Jeanne Bresett Sent: Tuesday, September 04, 2012 5:20 PM To: Sasan Rohani Subject: Graves Borthers

The consultant provided the revisions to the traffic study this afternoon, I will review with Chris Mora for his approval on Thursday, September 6th , w,e should b.e ok to proceed .. 1

will send you the summary and conclusions that indicate the conditions of approval · regarding offsite transportation improvements. •

9/7/2012

,.

TO:

FROM:

DATE:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

The Honorable Members of the Planning and Zoning Commission

Robert M. Keating, AIC Community Development Direct

Stan Boli~CP Planning Director

September 20, 2012

:.i ltm GA-PLANNING MATTERS

SUBJECT: Planning Information Package for the September 27, 2012 Planning and Zoning Commission Meeting

For this meeting's packet, the following articles are provided:

(1) "Heading South, but Stopping Short of Florida", The New York Times, September 11, 2012, Robert Strauss.

(2) "Numeric Nutrients", Florida Association of Counties, September 7, 2012.

(3) "City living will feel like a blast from the past", USA Today, September 14, 2012, Rick Hampson.

(4) "Jonathan Meades: Architects are the last people who should shape our cities", The Guardian, September 18, 2012, Jonathan Meades.

(5) "The Gas Tax is Running Low. But What Should Replace It?", The Wall Street Journal, September 17, 2012, Michael Totty.

(6) "Plaquemines Parish can't seem to catch a break", USA Today, September 18, 2012.

(7) "New York is Lagging as Seas and Risks Rise, Critics Warn", The New York Times, September 10, 2012, Mireya Navarro.

cc: Board of County Commissioners Joe Baird Michael Zito

F:\Community Development\Users\CurDev\P&Z\ARTICLES\Articles for 2012\9-27-12 articles.doc

9/12/12 More Retirees Find the Mid-South an Alternative to Florida - NYTimes.com

September 11, 2012

Heading South, but Stopping Short of Florida By ROBERT STRAUSS

SCOTT WOODCOCK knew he wanted to move someplace warmer when he retired from his job

as an Amtrak engineer based in Philadelphia.

He thought he had a good plan: each year in the five remaining before his retirement, he and his

wife, Cinde, would drive down Interstate 95, stopping at one place or another, until they made

it to Florida, where his parents had retired.

"I figured we would end up in Florida, but in any case, we would have vacations down the

coast," Mr. Woodcock said. In the summer of 2007, they decided to visit a friend for some golf

in North Myrtle Beach, S.C. "And we just loved it. We never made it any further. It has

everything for us - the weather, the prices, close to the beach and closer to our kids when they

come to visit or we go back up north."

The Woodcocks became part of what officials in the mid-South say has become a trend- those

initially thinking they would retire to Florida or the Southwest are instead coming to places like

the Carolinas, Tennessee, Virginia and Georgia.

Census data analyzed by the Brookings Institution show that mid-South locations were showing

some of the most rapid increases in 65 and older populations. Raleigh, for instance, is at the top

of that list, with its 65-and-older population increasing by 60 percent from 2000 to 2010 and

its 55-to-64 population growing by 97 percent in that same period.

Other mid-South areas with increases of more than 35 percent of 65-and-older people include

Charlotte and its surrounding region, the area north of Atlanta, and the southern Appalachian

region near Chattanooga.

"We knew anecdotally we were attracting more and more retirees, but now w .. e ... JA .. ra ... u ... 1 ... 10......_ __ _

encourage it," said Lynn Minges, assistant secretary for tourism marketing in 1 • • MORE ON T

Carolina Commerce Department. In 2010, the state Legislature gave her depa ~ U.S. En m

ahead to specifically aim a Web site and ad campaign, RetireNC, at people olde z in Attac are even certified retirement communities, mostly in smaller towns with hospi Read More

nytimes.com/2012/09/12/business/ .. ./more-retirees-find-the-mid-south-an-altemative-to-florida.html?_r ...


and available lower-cost housing that would appeal to retirees.

One of them is Lumberton, a hamlet of 23,000 at the crossroads of Interstates 95 and 74, halfway between New York and Florida, and on the way from the Piedmont to the Atlantic.

There is nothing historical or otherwise touristically significant, but Connie Russ, Lumberton's

downtown development coordinator and, now, retiree recruiter, said there was plenty for the potential retiree.

"Health care is excellent - our hospital is connected with the Duke Medical Center heart unit.

There is golf not far away in Pinehurst and we even have a good arts center," she said. The

North Carolina Legislature also passed a bill so the state does not tax federal pensions or Social

Security. "Things are just a little slower and yet more vibrant, I think, than Florida. Not

everyone here is old like that."

Paul Klein, in fact, was fed up with Florida. He had moved to Boca Raton from his native New

York in his 30s, but by the time he retired 15 years ago at 55, he was starting to get ready to

leave.

"It was getting crowded and, frankly, the people were not nice - and pretentious, too," Mr.

Klein said. He and his wife, Diane, had taken some trips to the southern Appalachians and had

started to get into hiking and just hanging out in the woods.

Four years ago, Diane got a small inheritance and they became what Paul Klein calls "halfbacks"

- people who moved to Florida from the North and have progressed partly back. In their case,

it is to Blue Ridge, Ga., a foothills resort area about two hours north of Atlanta, just south of the

Tennessee border.

"This is not just for the weather. It gets hot here, too," said Mr. Klein, who has taken up trap

shooting, while his wife has started quilting. "But it is about the pace oflife and the friendliness

of the people. They say hello to you when you do business with them. This is just a better .

lifestyle."

Tennessee, like North Carolina, has started a retiree recruiting program through its tourism

department. Retire Tennessee even has a calculator on its Web site to compare costs between

Tennessee towns and those around the country, almost always finding them in favor of retiring in the Volunteer State.

It took Virginia Magada a while, but she is finally migrating from her home of 81 years, Bowling

Green, Ohio, to Murfreesboro. Her daughter and son-in-law and his parents already live there.

Her daughter teaches at Middle Tennessee State University, but Mrs. Magada, a widow, said

nytimes.com/2012/09/12/business/. . ./more-retirees-find-the-mid-south-an-altemative-to-florida.html?_r ...


she was finally ready to leave behind Ohio weather for that of Tennessee with the rest of her

family.

"I love living in college towns. This way, I get the arts and culture and avoid a bit of the snow,"

said Mrs. Magada, a former art professor at Bowling Green University. Because her

grandchildren are grown, she doesn't have that duty either. "I know I will miss where I grew up

and lived my whole life, but this is a good substitute."

According to an AARP spokeswoman, Nancy Thompson, family is a better predictor of a

retiree's settlement location than almost anything else. That more and more people are, in

general, moving to the mid-South is probably why the region is growing as a retirement area.

"Even in the baby boom, 90 percent of people stay pretty much in the area in which they live

when they retire," Ms. Thompson said. "But if they try out some other region first, or have

family there, they may be more likely to make a move."

That is what has happened for Dick and Sue Barrows and Lewis and Norma Beale, two couples

who made preretirement moves to North Carolina in the last few years. The Beales were living

in the Meadowlands area of North Jersey when Norma, an office manager, wanted to retire.

Lewis, a freelance journalist, got a part-time job teaching writing at the University of North

Carolina in Wilmington. The pace was a little too slow for them, so they moved to Raleigh two

years ago and swear it was the best move they have ever made.

"Look, I miss the Greek coffee shops and the Metropolitan Museum, but little else," Mr. Beale

said. "I bought a heavyweight leather jacket before we left New York and it is hanging in my

closet unused. There are lots of college sports, plenty of theater and good restaurants, all the

concerts come through and all the films are here when they open. We're on the way to Florida,

so we get visitors. I think we are here to stay."

One of those good restaurants is Kitchen, in nearby Chapel Hill, started two years ago by Dick

and Sue Barrows, who used to own places in Bucks County and Bethlehem, Pa. Their daughter,

Leslie, played field hockey at the University of North Carolina, and they would go to see her

games. Oddly, Leslie moved to New York to work after graduation, but the Barrowses were

smitten with North Carolina. They sold their restaurant in Bethlehem and moved south in a

preretirement foray.

"We still have a few years before retirement, but the slower pace of life has been great," said

Mr. Barrows, 62. He jokes that the nearby town of Cary stands for Concentrated Area of

Relocated Yankees.

nytimes.com/2012/09/12/business/ .. Jmore-retirees·find-the-mid-south-an-altemative-to-florida.html?_r ...


"I don't need the winters anymore and a university town makes you feel young again, which is how I see retirement."

nytimes.com/2012/09/12/business/ ... /more-retirees-find-the-mid-south-an-altemative-to-florida.html?_r ...

9/10/12 Numeric Nutrients/ Florida Association of Counties

Home»Numeric Nutrients

Numeric Nutrients iJi;j S_HARE I§ t Bl ... !

Numeric Nutrients

Friday, September 07, 2012

The following is an editorial submitted to the Lakeland Ledger by Drew Bartlett, DEP's Director of Environmental Assessment and Restoration and one of the major architects of the state numeric nutrient rule:

Florida:S Commitment to Protect, Preserve Water Is Unparalleled I have spent my career studying the impacts of excess nutrients in our waterways, both at the federal level and here in Florida. My team of scientists has worked incredibly hard to craft the most comprehensive water-quality standards in the nation.

David Guest accused the Department of Environmental Protection of railing to protect our state's water bodies and suggested that we have willingly written ineffective water-quality standards to make it easier to pollute our environment ["Scott, Vinyard Pushing Weaker Protections for Bodies ofWater," Letter, Aug. 7]. This is simply not true. In fuct, these allegations were roundly rejected by an impartial judge after a weeklong trial Consider this:

According to EPA's website, Florida leads the nation in number offucilities with limits on nitrogen discharges, and ranks fourth in number offucilities with phosphorus discharge limits. With EPA's approval ofFlorida's water-quality standards, those numbers will increase significantly and Florida will lead the nation in both categories. Also, Florida has done more to eliminate wastewater discharges to our lakes, streams and rivers than any other state. More than 90 percent of all domestic wastewater treatment fucilities have zero discharge to surfuce waters and those that remain comply with Florida's strict nutrient discharge staudards.

Florida's water-quality standards aren't weaker than those proposed by EPA. In fuct, in water bodies such as the Santa Fe and Weeki Wachee rivers, Florida's water-quality standards are more protective than those developed by the federal government because our rules require additional algae measurements before declaring a water body healthy. Significantly, the Santa Fe and Weeki Wachee rivers meet applicable federal standards, yet are considered impaired by nutrients because of algae blooms under Florida's rules.

Florida is best equipped to protect and preserve our waters. Our commitment to conducting scientifically verified assessments of water bodies provides a level of protection that a federal agency simply cannot match. Our rules are based on decades' worth of water-quality data and written by scientists who have dedicated their lives to understanding the complexity ofFlorida's unique water bodies. Efforts to diminish or discredit their work do a disservice to our citizens and our environment.

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City living will feel like a blast from the past by Rick Hampson. USA TODAY Llpcl.t[c!CJ Id 1/Jli c1!JC)

0 2

Reprints & Pmmissions

SEASIDE, Fla. -- In the next American metropolis, people will live in smaller homes,

relax in smaller yards, park their smaller cars in smaller spots. They will be closer to

work, to play and, above all, to one another.

Global warming will be a fait accompfi in 30 years, and so

these urban Americans will raise their own food, ln fields

and on rooftops, and build structures to withstand

everything from hurricane winds to Formosan termites.

They will walk and ride more and drive less. And they will like it.

STORY: 3 questions with Andres Duany

Preston C M<'!Ck for USA TODAY VIDEO: The next 30 years "It's my job lo lhink ahead," says Andres Duorny.

archilecl, plannar, teacl1er and co"founder of the

New Urbanism movement.

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This is the future envisioned by Andres Ouany, architect,

town planner, teacher and polemicist. And the future, he

will tell you, is his business.

"It's my job to think ahead," he says. "People say you

can't predict the future because they're experts in the

present, and the present is a distortion field."

Ouany has a track record of prescience. Three decades

ago he created the plan for this Panhandle beach town,

arguably the most influential settlement since Levittown's

opening on Long Island sparked suburbia's sprawl in

1947.

He designed Seaside as a rebuke to Levittown. Duany

aimed to revive civic sociability and reduce dependence

on cars by mixing homes, offices, stores and play areas

in a tight grid of streets, paths and squares. Seaside's old-town look, displayed in the 1998

film The Truman Show, was no accident; front porches and picket fences were required by

code, and lawns, artificial siding and attached garages were forbidden.

Duany went on to co-found the planning movement New Urbanism, which advocates

communities based on the pedestrian and mass transit instead of the car and highways.

Although only a fraction of new construction over the past two decades fit that

prescription, New Urbanism had gained momentum when the housing bubble popped.

The bust succeeded in doing what New Urbanism had not: stopping suburban sprawl and

drastically reducing the value of much of what had been built on the metropolitan

periphery.

When construction picks up, says Robert Lang, who teaches urban affairs at the

University of Nevada-Las Vegas, New Urbanism will take the lead. In the Washington,

D.C., area, partly insulated from the downturn by federal spending, compact settlements

near mass-transit stations already are the norm.

Ouany and the New Urbanists have their critics. Demographer Joel Kotkin of Southern

California's Chapman University argues that the convenience of the car and the suburb

ensures their continued dominance over mass transit and city centers. And British

architecture critic Jonathan Glancey has called New Urbanism "holier-thar1'-thou" in its

presumption that planners know best.

But no one questions the influence of Duany, whom Lang calls "a guru of the new

metropolis."

At 63, Duany has been spending less time on specific projects at the Miami-based

practice he founded with his wife, Elizabeth Plater-Zyberk. He has been thinking about the

next 30 years, because "that's how long it takes for an urban vision to be realized."

Duany says that to see the future, you have to "translate" the present. He's sitting in a chic

pizzeria near the beach in Seaside when he sees something out the window that

illustrates his point.

"A teenager with a skateboard drives here with $3 to spend and parks all day for free," he

says. "At the moment, people say, fl??Cool, man, it shows kids want to come to Seaside.'

But I translate that as a future problem, when merchants are up in arms because parking

is being dominated by one kid in a car."

Indeed, as he speaks, the town designed as a pedestrian paradise is preparing to

introduce valet parking.

Ouany believes that soon, Americans - despite their inveterate optimism - will realize

they're in a pickle. En~rgy costs aren't coming down and personal incomes aren't going

up; global warming won't be stopped; government is impoverished; civil unrest is not out of

the question.

New Urbanism, which proposes to cure the metropolis of its sprawling, polluting, time

wasting, class-segregating, bankrupting ways, "is perfectly positioned," he says. "It's what

the doctor ordered for the next 30 years.''

The future he envisions looks less like the present and more like the past:

1. Urban retrofit for suburbia

Americans have heard much about, and seen little of, the urbanization of the suburbs.

That will change, Duany says; people really will start living closer together, because

economics will trump consumer preferences and developer habits.

Much of what Duany calls "conventional suburbia" -- the sprawl of cul-de-sacs, shopping

centers, office parks and highways that covers about 70% of the metropolis -- will be

literally rebuilt to accommodate pedestrians, cyclists and mass transit.

Homes and yards will be smaller. Townhouses, walk-up apartment houses and cottages

will be more common, detached single-family houses less common. Government taxes

and subsidies, which once favored highways and bridges, will go toward projects such as

converting a shopping mall and its parking lot to a town center surrounded by housing.

Despite urbanization, the old suburbia will endure. Duany estimates that at least 40% of

homebuyers will favor big houses on big lots with a few cars.

"I had someone ask me, Why would I want to know my neighbor?"' Duany marvels.

"Someone else said, 'No drive-thrus? Have you ever unstrapped a kid out of a car seat?'"

But as much they might like conventional suburbia, many people will not be able to afford

it. So they'll try New Urbanism, Duany says, and they'll like it -- shorter commutes, more

vital street life, less money wasted on gas and home heating and cooling.

' "You have to work hard to support a conventional suburban lifestyle," he says. "People will

be pleased by how much they'll be able to ease off.''

2. Gardener on the roof

Americans love to garden. In the future, Duany says, some will live in communities

organized around growing food in a variety of settings, including farm fields, community

gardens, rooftop plots and window boxes.

• What he calls "agrarian urbanism" will reorganize the traditional farming vlllage so "lawn-

mowing, food-importing suburbanites" can enjoy the benefits of planting, harvesting and

animal husbandry without hardships such as social isolation and a sore back.

Because less food will be shipped long distances, it will taste better and leave a smaller

carbon footprint. All residents need to contribute, Duany says, are their "hands, minds,

surplus time and discretionary entertainment budgets."

In his scheme, a shopping center might become a market square; its roof would sprout

gardens; commercially zoned space on its periphery would be cleared for planting; its ring

road would become an irrigation canal.

Duany says agrarian urbanism won't be for everyone but would appeal to those who think

it's the right thing to do; to trend-setters who think it's cool; to pragmatists who want to

save or make a buck; and to survivalists who want to be living in a self-sufficient

community when things start to fall apart.

3. Government goes hyper-local

Because land use will become a crucial question as the metropolis becomes more urban,

Duany expects local bodies to become more powerful.

These planning boards, community associations and neighborhood groups will have to

resolve conflicts between developers and planners who want to make suburbs denser,

and environmentalist and not-in-my-back-yard forces who oppose such changes.

Here's the sort of conflict local officials will face: Unless people are willing to live in

compact communities, Duany warns, environmentalists can't stop nature from being

overrun by development.

4. Buildings that look cool and safe

Twenty minutes east of Seaside on the Gulf Coast is a striking sight a development,

unfinished because of the economic collapse, where all the buildings, including the

cement tile roofs, are painted stark white to reflect sunlight. They're made of concrete and

steel to resist hurricane winds and "super-termites" that may arrive as the climate

changes. Their windows can withstand a wind-borne projectile with the force of a gunshot.

Streets are cobblestone and gravel to reduce runoff.

This is Alys Beach, known in the trade as a "fortified" community. Duany -- who designed

its master plan -- says it's the look of the future.

When Americans finally face the effects of global warming, he says, it will be important to

have an architecture "that looks different, not just works different. 1'm trying to get a new

aesthetic developed." He says the market will demand it: "When you buy real estate, you

want to be ready for the future. It's the first and only time most people take the long-run

look."

5. Mormon settlers as models

Many people think 19thMcentury Mormons were remarkable for their practice of polygamy.

Duany thinks they were remarkable for their town planning. While working on a community

plan in Utah, Duany discovered that in about 50 years, Mormons established 537 towns.

"The Mormons were always transcending the present," he says. "That's how they made

something out of nothing" in an arid region bypassed by most who headed west. Some

Western towns were settled simply because on a partic~lar day, pioneers were too tired to

go on. But Mormons spent up to a year studying a potential town site, testing soil, wind

and water.

To Duany, that precision planning explains the success of settlers who had nothing other

than free land. And he says placemakers of the future M• when land will be relatively cheap

and money tight M• should take note.

Jonathan Meades: Architects are the last people who should shape our cities I Art and desi... Page 1 of 5

thcguardian

Jonathan Meades: Architects are the last people who should shape our cities New, shiny buildings are all well and good. but what architects

forget about is a sense of place - and the beauty of wastelands

Jonathan Meades The Guardian, Tuesday 18 September 2012 14.00 EDT

Atypic,il .. J.c· Corhu~ier'~ l"nitc d'I IHhit,ition building. Ph11togmph: Ala my

Architecture, the most public of endeavours, is practised by people who inhabit a smugly

hermetic milieu which is cultish. If this sounds far-fetched just consider the way

initiates of this cult describe outsiders as the lay public, lay writers and so on: it's the

language of the priesthood. And like all cults its primary interest is its own interests,

that is to say its survival, and the triumph of its values - which means building.

Architects, architectural critics, architectural theorists, the architectural press (which is

little more than a deferential PR machine) - the entire quasi-cult is cosily conjoined by

mutual dependence and by an ingrown, verruca-like jargon which derives from the more

dubious end of American academe.

Museum without Walls by Jonathan Meades

Search the Guardian bookshop

:_,-searciJ:,51 Tell us what you think:filll.r:.rruull.Q review this book

From early in its history, photography was adopted by architects

as a means of idealising their buildings. As beautiful and heroic,

as tokens of their ingenuity and mankind's progress, etc. This

debased tradition continues to thrive. At its core lies the

imperative to show the building out of context, as a monument,

separate from streetscape, from awkward neighbours, from

untidiness. A vast institutional lie is being told in architectural

magazines the world over, in the pages of newspapers and in

countless television films. It's also being told on the web - which

is significant, and depressing, for it demonstrates how thoroughly

the convention has seeped into the collective.

The mediation of buildings can never be neutral. As long ago as

the 1930s, Harry Goodhart-Rendel observed: "The modern

architectural drawing is interesting, the photograph is

magnificent, the building is an unfortunate but necessary stage

between the two." Goodhart-Rendel was an architect who

belonged to no school, and is thus regarded as peripheral. He was

also a writer: a rare combination of talents. John Vanbrugh was a

good playwright who became a great - if not the greatest - of

British architects. Sergei Eisenstein trained as an architect but

http://www.guardian.co.uk/artanddesign/2012/sep/18/architects-cities-jonathan-meades?ne... 9/19/2012


gave it up. Thomas Hardy, to judge from Max Gate, the house he designed for himself in

Dorchester, made the right choice when he elected to abandon architecture in favour of writing.

Architecture talks about architecture as though it is disconnected from all other

endeavours, an autonomous discipline which is an end in itself. Now, it would be

acceptable to discuss opera or sawmill technology or athletics or the refinement oflard

in such a way. They can be justifiably isolated, for they don't impinge on anyone outside,

say, the lard community- the notoriously factional lard community. To isolate

architecture is blindness, and an abjuration of responsibility.

If we want to understand the physical environment we should not ask architects about

it. After all, if we want to understand charcuterie we don't seek the opinion of pigs.

Architects make the error of confusing a physical environment with what they impose

on it. Wrong. What is going on around us is the product of innumerable forces.

Accidents - some happy, some not - clashes of scale and material, municipal idiocies

and corporate boasts - these are some of the more salient determinants of our urban

and suburban and extra-urban environments. Buildings are, of course, the major

component of these environments. Some of those buildings will be the work of

architects. But with the exception of those places where they have been granted the

licence to do what they yearn to do - to start from zero - architects have less influence

than they believe.

The places where those accidents don't occur are salutary. The places where architects

indeed had the opportunity to start from zero. We think of Bath's crescents and circuses,

of the successive Edinburgh new towns, of the exiled Polish court's rebuilding of Nancy.

At a higher level, Ledoux'sArc-et-Senans and Le Corbusier's l'Unite d'Habitation both

instruct us in what genius is. The roof ofl'Unite is a transcendent work: it is as though

Odysseus is beside you. In a few gestures, it summons the entirety of the

Mediterranean's mythic history. It is exhilarating and humbling, it occasions aesthetic

bliss. It demonstrates the beatific power of great art, great architecture.

Artifice ... Seaside, Florida. Photograph: Nik Wheeler/ Nik Wheeler/CO RBIS

L'Unite is absolutely atypical. So are the other places I mention. They are the exceptions

to the rule that planned towns, tied towns, new towns, garden cities, garden villages,

communist utopias, national socialist utopias, socialist utopias, one-nation utopias,

comprehensive developments and wholesale regenerations that lurch between the

mediocre and the disastrous. From Letchworth to Marne-Ia-Vallee, from New Lanark to

~ - the first provincial town in Britain, incidentally, to develop a serious smack

habit - from the Aylesbury estate in south London to Seaside, Florida, from cuteness to

high modernism, from beaux arts to new urbanism. It doesn't matter what idiom is

essayed, it is the business of attempting to create places that defeats architects.

Architects cannot devise analogues for what has developed over centuries, for

generation upon generation of amendments. They cannot understand the appeal of

untidiness and randomness, and even if they could they wouldn't know how to replicate

it.

New buildings are simple: imagination and engineering. New places are not. It seems

http://www.guardian.co.uk/artanddesign/2012/ sep/18/ architects-cities-j onathan-meades?ne... 9/19/2012


impossible to achieve by artifice the parts with no name, the pavement's warts and the

avenue's lesions, the physical consequences of changed uses, the waste ground, the apparently purposeless plots.

It shouldn't be impossible. One cause of this failure is architects' lack of empathy, their

failure to cast themselves as non-architects: architect Yona Friedman long ago observed that architecture entirely forgets those who use its products. Another cause of failure is

their bent towards aesthetic totalitarianism - a trait Nikolaus Pevsner approved of,

incidentally. There was no work he admired more than St Catherine's College, Oxford: a

perfect piece of architecture. And it is indeed impressive in an understated way. But it is

equally an example of nothing less than micro-level totalitarianism. Arne Jacobson

designed not only the building, but every piece of furniture and every item of cutlery.

At macro-level, a so-called master planner will attend to the details of streets, avenues,

drop-in centres, houses, offices, bridges. The master planner is almost certainly an

architect, even though planning and architecture are contrasting disciplines. There are

countless differences between a suburb and, say, a shopping mall in that suburb. We are

all familiar with the hubristic pomp that often results when actors direct themselves.

Appointing architects to conceive places is like appointing foxes to advise on chicken

security.

The human ideal is to revel in urbanistic richness, in layers of imperfection. I got sick of

Rome when I worked there: too much perfection, too constant a diet of masterpieces -

the lumbering, sod-you-ness of Basil Spence's British Embassy was peculiarly attractive.

The only town in the Cotswolds that attracts me is Stroud, where the tyranny of oolitic

limestone is ruptured by brick and slate.

The overlooked can only survive so long as authority is lax. When authority goes looking

for the overlooked, the game is up - as it is today in the Lea Valley in east London. The

entirely despicable, entirely pointless 2012 Olympics - a festival of energy-squandering

architectural bling worthy of a vain, third-world dictatorship, a payday for the

construction industry - occupies a site far more valuable as it was. It was probably the

most extensive terrain vague of any European capital city. The English word

"wasteland" is pejorative, lazy and more or less states that the place has no merit - so

why not cover it in expressions of vanity?

In praise of decay ... a view of the River Lea, east London, before its regeneration for the 2012 Olympics

Photograph; Dan Chung for the Guardian

The development has, regrettably, proved to be an almost caricatural illustration of the

chasmic gulf that exists between the needs of writers and the aspirations of architects. A

writer, at least this writer - and I am hardly..fil9.Il.e - sees entropic beauty, roads to

nowhere whose gravel aggregate is that of ad hoc second world war fighter runways,

decrepit Victorian oriental pumping stations, rats, supermarket trolleys in toxic canals,

rotting foxes, used condoms, pitta bread with green mould, polythene bags caught on

branches and billowing like windsocks, greasy carpet tiles, countless gauges of wire,

flaking private/keep-out signs that have been ignored since the day they were erected,

goose grass, shacks built out of doors and car panels, skeins of torn tights in milky

puddles, burnt-out cars, burnt-out houses, abandoned chemical drums, abandoned

http://www.guardian.co.uk/artanddesign/2012/sep/18/architects-cities-jonathan-meades?ne... 9/19/2012


cooking oil drums, abandoned washing machine drums, squashed feathers, tidal mud, an embanked former railway line, a shoe, vestigial lanes lined with may bushes, a

hawser, soggy burlap sacks, ground elder, a wheelless buggy, perished underlay, buddleia, a pavement blocked by a container, cracked plastic pipes, a ceramic rheostat, a

car battery warehouse constellated with CCIV cameras, a couple of scraggy horses on a

patch of mud, the Germolene-pink premises of a salmon smoker, bricked-up windows, travellers' caravans and washing lines, a ravine filled with worn car tyres, jackdaws,

herons, jays, a petrol pump pitted and crisp as an overcooked biscuit, a bridge made of

railway sleepers across duckweed, an oasis of scrupulously tended allobnents.

That's what I see: layers of urban archaeology. It's what painters such as Carel Weight

and Edward Burra would have seen, what George Shaw and Julian Perry still see. A site

of richness and multiple textures which feeds curiosity. It is obviously decaying. But

decay, as anyone who has watched meat rot knows, possesses a vitality ofits own. Such

vitality is infinitely preferable to sterility and stadia.

What an architect sees, blindly and banally, is not richness and severality. But, rather,

something that is crudely classified as a brownfield site, that is tantamount to being

classified as having no intrinsic worth. It is a non-place where derivative architecture

can gloriously propagate itself with impunity. A brownfield site is a job opportunity, a

place where the world can be physically improved. The architectural urge doesn't

acknowledge the fact that it'll all turn to dust.

• This is an edited extract from Museum Vvithout Walls by Jonathan Meades, published

28 September by Unbound at £18.99.

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Comments 95 comments, displaying

l_91da~~ __ ]ilfirst

Ill Staff

[j:J Contributor

Open for comments. Sign in or create your Guardian account to join the discussion.

nilpferd 18 September :Wl:! 7:22PM

The criticism is certainly warranted in the case of some

architects; quite possibly also for a number of town planners;

and I wouldn't fancy defending the Olympics complex against

the charges levelled above.

But it's utterly simplistic and counter-productive to brand all in

the practice Vvith these crimes; to pick out a few bad guys who

endorse non-correct views, and use their ignorance to dump on

an entire, very pluralistic discipline.

~~ IruJsMJ<!.:::~:j :~~~S

Recommend? (130)

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The Gas Tax Is Running Low. But What Should Replace It? Almost eve1·yo1w ayrees that there has to be. a better way. 11ie question is how to yet thel'e.

By MICHAEL TOTTY

The gasoline tax is running on fumes.

For decades, the excise tax on gasoline and diesel fuel has been the main source of funds for building and maintaining the nation's roadways. It has paid for most of the four million road miles currently in service.

More in Investing in Energy

The Meaning of the U.S. Oil Comeback

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Read the complete report.

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But now there is agreement across the political spectrum that the gas tax is broken and needs to be replaced, or at least overhauled. The problem is twofold: First, the tax has failed to keep up with the rising cost of highway construction and repair. And second, improved fuel economy and the rise of hybrid and electric vehicles means that more driving won't be matched by higher gasoline sales, and that how much people pay for the roads won't necessarily reflect how much they use them.

"The gas tax served our country extremely well as long as the amount that people drive continued to go up and people continued to get lousy gas mileage," says Pete K. Rahn, leader of the national transportation practice at HNTB Corp., a Kansas City, Mo., architectural, engineering and construction firm. Now, he says, "we do not have a sustainable way of paying for our transportation system."

Transportation experts have been warning for at least a decade about the looming crisis in the motor-fuels tax. The federal tax, at 18.4 cents for gasoline and 24.4 cents for diesel, hasn't changed since 1993. As a result, the tax buys about half the concrete, steel and other materials it did 20 years ago.

Some states have managed to increase the tax, but many have had to increase their reliance on other sourcesregistration fees, sales taxes and general-revenue funds-to meet their transportation needs.

Looking ahead, the Congressional Budget Office predicts new federal fuel-economy standards will reduce revenue by 21% in 2040 when they are fully phased in. To illustrate the effect of a 21% drop, the CBO estimates that if all cars on the road now met the stricter eftkiency standards, it would mean a $57 billion cumulative reduction in revenue betw"een now and 2022.

It's true that Congress could just raise the gas tax. But the tax is already unpopular, and lawmakers have resisted repeated efforts to increase it. In fact, amid high gasoline prices, many politicians have called for cutting the tax to give drivers some relief at the pump.

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So a more comprehensive fix is needed. And this is where it gets more complicated.

Though almost all the politicians and transportation experts who have looked at it agree that the tax needs to be fixed, they don't agree on what that fix should be. They've floated all sorts of possible alternatives, incl~ding raising vehicle registration fees, using technology to track drivers' actual mileage and taxing oil rather than gasoline.

Here is a closer look at some of the options.

Tax the Miles The idea that gets the broadest support is to take the user-fee piece of the gas tax to its logical conclusion: tax motorists on the miles they drive. Many economists argue that such a tax-known as a vehicle-miles-traveled tax or mileage-based user fee-is the fairest, most sustainable replacement for the gasoline tax. The problem is how to track the miles.

States could simply check a vehicle's odometer when drivers collie in for annual registration renewals or pollution tests and give the driver a tax bill based on miles driven in the past year. But some skeptics say this is an invitation to odometer tampering. Drivers also would be hit with a large tax bill once a year instead of paying out the tax every time they fill their tanks. And for state taxes, there is no way to tell where the miles were driven: a daily commute or a cross-country road trip.

So some states are looking to technology. With in-car Global Positioning Systems or GPS-enabled smartphones, the government could keep track of how many miles people travel in their cars, the roads they drive on and the time of day they make the trips.

Mileage-based fees can also be adjusted to discourage motorists from driving on the most congested roads or at the busiest times of day. Mileage-based fees "let us kill two birds with one stone," says Randal O'Toole, a senior fellow at the Cato Institute, a libertarian think tank. "Short of privatization, it really is the free-market solution."

•

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Minnesota is wrapping up a test of a mileage-based tax-collection plan that uses a custom-built smartphone app to keep track of participants' driving miles. At the end of each day, the app automatically reports how many miles were driven in-state, how many were in the U.S. and how many were in the Twin Cities. The approximately 500 people who participated in the test receive a monthly assessment of the tax they owe, like a utility bill.

Using technology to track mileage has one big drawback: privacy. Though states say they can set up the system so that personal travel information isn't collected or stored, most people don't like the idea of the government tracking where and when they drive.

Another problem is the cost of collection. The gas tax, whatever its drawbacks, is cheap to administer...:..taxes are collected at the refinery and passed on to consumers at the pump. Tracking miles and assessing taxes on individual drivers is more expensive. One solution would be to have third parties collect the tax. A wireless provider could add the tax as part of a data plan, for instance.

Tax the Roads Many support a more limited form of mileage-based user fees: toll roads. Relying more on tolls is already helping states make up for lost gas tax revenues; over the past decade, about a third of all new limited-access road miles

have been paid for with tolls.

Toll roads have one big advantage: They tend to be more popular than the alternatives. According to an HNTB poll, 61% of Americans would prefer tolls to an increased federal gas tax or a mileage-based user fee as a way to pay for new transportation projects.

Still, without a full-scale shift to a broad mileage-based user fee, tolls will have a hard time replacing the gasoline tax. States can't convert existing interstate highway lanes to toll roads-unless they qualify for the small number of slots for a special federal pilot program. Virginia, one of the qualified states, has applied for federal approval to use tolls on a section of I-95 to pay for improvements on the busy highway.

Index the Tax to Inflation Even supporters of mileage-based user fees concede they are a long-term fix. In the near term, some favor changing the gas tax so that it at least keeps up with the rising cost of construction without requiring lawmakers to cast a series of politically unpopular votes to raise the tax rate.

A simple approach would be to replace the per-gallon tax with a percentage-based sales tax. Several states, including Indiana and Georgia, already supplement their motor-fuels tax with a sales tax. A 2009 study of transportation-funding alternatives estimated that a federal sales tax of 1% on gasoline could raise about $7.2 billion of revenue a year, based on gas prices of $4 a gallon.

Even so, a sales tax would be a volatile source of transportation funds given the wide swings in the price of gasoline. And it doesn't address the long-ter.m threat to revenue posed by increasing fuel efficiency.

Another solution is to index the tax rate to some measure of inflation, such as the Consumer Price Index or an index of highway construction costs. The rate could be automatically adjusted quarterly or annually as prices rose.

"If the goal is to make sure that this funding source is growing at roughly the same pace as our funding needs, tying the gas tax to some measure of inflation would be the way to do it," says Matthew Gardner, executive director of the Institute on Taxation and Economic Policy, a liberal think tank.

Florida currently indexes a portion of its gasoline tax to the Consumer Price Index; in 2011 the indexed portion accounted for 19.5 cents of the state fuel tax of 23.5 cents a gallon. While the CPI is more familiar to voters, tying the rate to construction costs would better keep up with inflation in building materials, which in the past decade or so has increased faster than general inflation.

Tax Oil, Not Gasoline Another way to fill the gap in transportation revenue and needs is to broaden the tax base, replacing the current federal tax on gasoline and diesel fuel with a levy on every barrel of oil consumed in the U.S.

The proposal, studied by the RAND Corp. in 2011, estimated that at mid-2010 oil prices of $72 a barrel, a 17% oil tax would generate about $83 billion a year, the projected appropriation for highways and transit over the next six years. To raise the same amount, the federal gasoline tax would have to increase to 46 cents a gallon and the tax on diesel fuel would have to rise to 52 cents a gallon.

The RAND study also proposed making the rate flexible so that it produces a steady revenue stream amid volatile oil prices. The rate would increase if oil prices decline because of, say, a soft economy and reduced driving, and it would fall as oil~prices increase so that consumers aren't hit with high prices and high oil taxes.

Tax Cars Washington could also fill part of the gap in gas-tax revenue by taking a page from the states and assessing a charge on vehicle registrations. The 2009 transportation-finance study estimated a federal fee of $2.75 for cars and light trucks and $5,50 a year for heavy trucks could raise $1 billion a year.

Some states already rely heavily on these assessments. In Oklahoma, for instance, registration fees for new, noncommercial vehicles are $91 a year; in 2011, the

state raised $629.7 million from registration fees, topping its $447.5 million in motor-fuel taxes.

While such a tax could raise significant sums at a fairly low additional rate, it's sure to be unpopular and wouldn't give drivers any incentive to reduce driving or avoid congestion. Nor would transportation officials have a reason to invest funds to meet the mos~pressing needs. And a federal registration fee would limit

states' ability to tap this source of funds.

The Readers Weigh ln: The Gas Tax What should we do about the gasoline tax and paying for construction and maintenance of roads?

Here's a sampling ofreader comments from a WSJ.com poll. You can weigh in at WSJ.com/Reports.

We have lots of toll roads in cities in Texas. My toll tag bill is already half my gas bill. I'm OK with it because those who can afford to pay tolls drive on the toll roads, those who don't, don't. The roads are well-maintained.

-- Glen Austin

As a practicing civil engineer, I can say with some confidence that our infrastructure has been neglected for far too long, and It's time we start paying for the stuff we use. I think the tax needs to be raised to at least $1/gallon, perhaps more.

--GPK

Government should set an equal excise and tariff on the manufacture or importation of automobile tires. The frequency with which a vehicle ovm.er replaces his tire will accurately gauge his road use. For a four-wheel vehicle that gets 32 miles-per-gallon, that's about $230 in tax total, or just under $60 per tire. Such a tax would also capture the road use of electric and hybrid vehicles which currently escape some or all of the cost of using roads due to their higher fuel economy.

--J.D.

Many studies have shovm. the vast majority of wear and tear on roads is caused by heavy trucks. We need a federal axle/mile tax on trucks that roughly compensates for the damage.

--Paul Esch

Road pricing via GPS. Price depending on amount of miles driven, and on roads used. Start with all major freeways and highways. At the same time, all toll stations could be eliminated, reducing costs for building and maintaining them, waiting time at them, increased fuel consumption due to them, and manpower to operate them.

-- Chris Boehm-Bezing

Corrections & Amplifications The Congressional Budget Office's estimate of a $57 billion shortfall in gas-tax revenue between now and 2022 was an illustration of the hypothetical effect of new federal fuel-economy standards if they went into effect immediately. An earlier version of this article incorrectly implied that the decline was a certainty.

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9/19/12 Advisen FPN

You are in: Front Page News Headlines-> Plaquemines Parish can't seem to catch a break: La. parish weighs whether to rebuild

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Plaquemines Parish can't seem to catch a break: La. parish weighs whether to rebuild

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Publication Date: &rurce:

09/18/2012 USAToday.com

Plaquemines Parish can't seem to catch a break

Publication Date 09/18/2012 Source: USA Today.com

Plaquemines Parish can't seem to catch a break

WEST POINIB A LA HACHE, La. -- Adolph Landry has weathered storm after storm across five decades in this small Plaquemines Parish collllIIllllity: from Hurricane Betsy in 1965, to Camille four years later, to Katrina in 2005.

None of those, he said, delivered the wall of water and destruction ofHurricane Isaac two weeks ago. On Monday, Landry sinveyed the mud-caked landscape of crumpled homes, snapped trees and flipped cars that were once his well-groomed neighborhood. Electricity is still three weeks away.

''Betsy and Camille never did this," said Landry, 52, an air-conditioning technician. ''I've lived here all my life and never seen anything like this."

As residents and officials across southern Louisiana begin the long task of cleaning up and rebuilding from Isaac's destruction, many in this embattled parish are asking why their communities were so relentlessly hammered by floods -- and whether it's worth rebuilding.

'We're not coming back," said Deuce Sylve, 44, whose ancestors settled in West Pointe a La Hache generations ago as oysterrnen and shrimpers. The house he shares with his 98-year-old grandmother was overtaken by floods during Isaac. 'We can't go through this again."

Plaquemines Parish, located 12 miles south ofN ew Orleans, is a skinny spit of land that follows the Mississippi River down to the Gulf of Mexico. It was one of the worst-hit areas during Isaac, which entered Louisiana just west of the parish.

Work crews this week launched the massive cleanup effort of Plaquemines. Workers righted downed power lines, as giant pumps continued pumping water out of the parish. On a stretch of Louisiana Highway 23, an excavator plucked bloated cattle carcasses from the side of the road and piled them into a flatbed truck. About 2,000 head of cattle drowned during the storm, according to parish officials.

Federally managed levees and floodgates covering the northern and southern parts of the parish protected those areas well, parish President Billy Nungesser said. But smaller, local levees in the middle were overwhehned by Isaac's storm surge, flooding highways and neighborhoods, he said. The

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9/19/12 Advisen FPN

parish is trying to fund a $1 billion coastal protection plan of ridges and bemJS that could lower storm surges, he said. But so fur the money has been slow in coming.

''It's our survival plan," Nungesser said. 'Without that, the schools, churches, nothing else matters because nothing will survive."

Another reason the parish saw so much water with Isaac: rapidly disappearing marshes that skirt the area and act as a buffer against stomJS, said Mark Davis,director of the Tulane Institute on Water Resources Law and Policy. The marshes act as speed bumps for stomJS, lowering storm surge and sapping storm energy. Louisiana has lost about 2,000 square miles of marshes -- an area larger than Rhode Island-- since the 1930s, he said. The BP oilspillin2010 further damaged the marshes.

Efforts to restore the coast are costly and slow to materializ.e, Davis said. Meanwhile, unimpeded storms roar into populated areas stronger and faster than ever before, he said.

'Each new storm comes to a new coast," Davis said. 'Every day, we become more vulnerable."

In Ironton, 10 miles north of West Pointe a La Hache, residents were surprised by a storm surge that overtook levees and pushed eight feet of water into homes.

Vanishing marshes are partly to blame, longtime Ironton resident Wilkie DeClouet said. But the newly bolstered hurricane protection system protecting the northern part of the parish and nearby St. Bernard Parish also creates a funnel that drives floodwaters into his neighborhood, he said.

Water entered DeClouet's home -- even though it's built 7.5 feet off the ground. 'This is by fur the worst we've ever had," he said.

He and others have complained to parish officials about not having enough flood protection, but their pleas have not been met, he said. ''There are no million-dollar homes here," DeClouet, 48, said. ''No one cares about this place."

Landry said he'll review any disaster assistance he may be offered by FEMA and other agencies, but rebuilding in the place he has lived in his whole lire doesn't seem likely. He's not sure where he'll relocate to, other than west and north and "fur away from here," he said.

Katrina was a wake-up call to how a lack of marshes hurt the parish, he said. Isaac was the final straw.

''You could build levees 500 feet high. It doesn't matter," Landry said. ''There's nothing to stop the stomJS from coming. Nothing's going to stop the water." Copyright 2012 USA TODAY

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9/11/12 New York Faces Rising Seas and Slow City Action - NYTimes.com

September 10, 2012

New York Is Lagging as Seas and Risks Rise, Critics Warn By MIREYA NAVARRO

With a 520-mile-long coast lined largely by teeming roads and fragile infrastructure, New York

City is gingerly facing up to the intertwined threats posed by rising seas and ever-more-severe

storm flooding.

So far, Mayor Michael R. Bloomberg has commissioned exhaustive research on the challenge of

climate change. His administration is expanding wetlands to accommodate surging tides,

installing green roofs to absorb rainwater and prodding property owners to move boilers out of

flood-prone basements.

But even as city officials earn high marks for environmental awareness, critics say New York is

moving too slowly to address the potential for flooding that could paralyze transportation,

cripple the low-lying financial district and temporarily drive hundreds of thousands of people

from their homes.

Only a year ago, they point out, the city shut down the subway system and ordered the

evacuation of 370,000 people as Hurricane Irene barreled up the Atlantic coast. Ultimately, the

hurricane weakened to a tropical storm and spared the city, but it exposed how New York is

years away from - and billions of dollars short of - armoring itself.

"They lack a sense of urgency about this," said Douglas Hill, an engineer with the Storm Surge

Research Group at Stony Brook University, on Long Island.

Instead of"planning to be flooded," as he put it, city, state and federal agencies should be

investing in protection like sea gates that could close during a storm and block a surge from

Long Island Sound and the Atlantic Ocean into the East River and New York Harbor.

Others express concern for areas like the South Bronx and Sunset Park in Broakhm wbicb bave

large industrial waterfronts with chemical-manufacturing plants, oil-storage si • •. MORE IN N.'

transfer stations. Unless hazardous materials are safeguarded with storm surg ~ m

local groups warn, residents could one day be wading through toxic water. z

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U.S. St; Compt1 Read More


"A lot of attention is devoted to Lower Manhattan, but you forget that you have real industries

on the waterfront" elsewhere in the city, said Eddie Bautista, executive director of the New

York City Environmental Justice Alliance, which represents low-income residents of industrial

areas. "We're behind in consciousness-building and disaster planning."

Other cities are also tackling these issues, at their own pace.

New shoreline development around San Francisco Bay must now be designed to cope with the

anticipated higher sea levels under new regional regulations imposed last fall. In Chicago, new

bike lanes and parking spaces are made of permeable pavement that allows rainwater to filter

through it. Charlotte, N.C., and Cedar Falls, Iowa, are restricting development in flood plains.

Maryland is pressing shoreline property owners to plant marshland instead of building retaining

walls.

Officials in New York caution that adapting a city of eight million people to climate change is

infinitely more complicated and that the costs must be weighed against the relative risks of

flooding. The last time a hurricane made landfall directly in New York City was more than a

century ago.

Many decisions also require federal assistance, like updated flood maps from the Federal

Emergency Management Agency that incorporate sea level rise, and agreement from dozens of

public agencies and private partners that own transportation, energy, telecommunications and

other infrastructure.

"It's a million small changes that need to happen," said Adam Freed, until August the deputy

director of the city's Office of Long-Term Planning and Sustainability. "Everything you do has

to be a calculation of the risks and benefits and costs you face."

And in any case, Mr. Freed said, "you can't make a climate-proof city."

So city officials are pursuing a so-called resilience strategy that calls for strengthening the city's

ability to weather the effects of serious flooding and recover from it.

Flooding Threat Grows

Unlike New Orleans, New York City is above sea level.Yet the city is second only to New

Orleans in the number of people living less than four feet above high tide - nearly 200,000

New Yorkers, according to the research group Climate Central.

The waters on the city's doorstep have been rising roughly an inch a decade over the last

century as oceans have warmed and expanded. But according to scientists advising the city,

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that rate is accelerating, because of environmental factors, and levels could rise two feet higher

than today's by midcentury. More frequent flooding is expected to become an uncomfortable reality.

With higher seas, a common storm could prove as damaging as the rare big storm or hurricane

is today, scientists say. Were sea levels to rise four feet by the 2080s, for example, 34 percent

of the city's streets could lie in the flood-risk zone, compared with just 11 percent now, a 2011

study commissioned by the state said.

New York has added bike lanes, required large buildings to track and reduce their energy use,

banned the dirtiest home heating oils, and taken other steps to reduce the emissions that

contribute to global warming. But with shoreline development that ranges from public beaches

to towering high rises - and a complex mix of rivers, estuaries, bays and ocean - the city

needs to size up the various risks posed by rising seas before plunging ahead with vast capital projects or strict regulations, city officials argue.

Yet the city's plan for waterfront development dismisses any notion of retreat from the

shoreline. Curbing development or buying up property in flood plains, as some smaller cities

have done, is too impractical here, city officials say, especially because the city anticipates

another million residents over the next two decades.

Rather, the city and its partners are incorporating flood-protection measures into projects as

they go along.

Consolidated Edison, the utility that supplies electricity to most of the city, estimates that

adaptations like installing submersible switches and moving high-voltage transformers above

ground level would cost at least $250 million. Lacking the means, it is making gradual

adjustments, with about $24 million spent in flood zones since 2007.

Some steps taken by city agencies have already subtly altered the city's looks. At Brooklyn

Bridge Park, a buffer between the East River and neighborhoods like Dumbo, porous riprap

rock and a soft edge of salt-resistant grass have been laid in to help absorb the punch of a storm surge. Sidewalk bioswales, or vegetative tree pits that can fill up with rainwater to reduce storm

water and sewage overflows and also minimize flooding, are popping up around the city.

Over all, the city is hoping to funnel more than $2 billion of public and private money to such

environmental projects over the next 18 years, officials say.

"It's a series of small interventions that cumulatively, over time, will take us to a more natural

system" to deal with climate change, said Carter H. Strickland, the city's environmental

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9/11/12

commissioner.

New York Faces Rising Seas and Slow City Action - NYTimes.com

Planning experts say it is hard to muster public support for projects with uncertain or distant benefits.

"There's a lot of concern about angering developers," said Ben Chou, a water-policy analyst at

the Natural Resources Defense Council.

New York planners have proposed requiring developers to assess the climate-change risks

faced by new buildings so they can consider protection like retractable watertight gates for windows. But no such requirements have been imposed so far.

While some new buildings are being elevated or going above current required flood protections

- like a new recycling plant on a Brooklyn pier and the Port Authority's transit hub at the

World Trade Center site - most new construction is not being adapted to future flood risks yet, industry representatives said.

Some experts argue that the encounter with Hurricane Irene last year and a flash flood in 2007

underscored the dangers of deferring aggressive solutions.

Klaus H. Jacob, a research scientist at Columbia University's Earth Institute, said the storm

surge from Irene came, on average, just one foot short of paralyzing transportation into and out

of Manhattan.

If the surge had been just that much higher, subway tunnels would have flooded, segments of

the Franklin D. Roosevelt Drive and roads along the Hudson River would have turned into

rivers, and sections of the commuter rail system would have been impassable or bereft of

power, he said.

The most vulnerable systems, like the subway tunnels under the Harlem and East Rivers,

would have been unusable for nearly a month, or longer, at an economic loss of about $55

billion, said Dr. Jacob, an adviser to the city on climate change and an author of the 2011 state

study that laid out the flooding prospects.

"We've been extremely lucky," he said. "I'm disappointed that the political process hasn't

recognized that we're playing Russian roulette."

With more rain and higher seas, some envision more turmoil - like mile after mile of apartment

buildings without working elevators, lights or potable water.

"That's a key vulnerability," said Rafael Pelli, a Manhattan architect who serves on a climate-

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change committee that advises the Department of City Planning. "If you have to relocate

10,000 people, how do you do that?"

Barriers to Block Tides

Some New Yorkers argue that the answer lies not in evacuation, but in prevention, like

armoring city waterways with the latest high-tech barriers. Others are not so sure.

At a recent meeting of Manhattan community board leaders in Harlem, Robert Trentlyon, a

resident of Chelsea, argued for sea gates.

A 2004 study by Mr. Hill and the Storm Surge Research Group at Stony Brook recommended

installing movable barriers at the upper end of the East River, near the Throgs Neck Bridge;

under the Verrazano-Narrows Bridge; and at the mouth of the Arthur Kill, between Staten

Island and New Jersey. During hurricanes and northeasters, closing the barriers would block a

huge tide from flooding Manhattan and parts of the Bronx, Brooklyn, Queens, Staten Island and

New Jersey, they said.

City officials say that sea barriers are among the options being studied, but others say such

gates could interfere with aquatic ecosystems and with the flushing out of pollutants, and may

eventually fail as sea levels keep rising.

And then there is the cost. Installing barriers for New York could reach nearly $10 billion.

There is more agreement on how to protect the subway system. Several studies have advised

the Metropolitan Transportation Authority to move quickly to increase pumping capacity at

stations, raise entrances and design floodgates to block water from entering.

In 2009, a commission warned that global warming posed "a new and potentially dire challenge

for which the M.T.A. system is largely unprepared."

Five years ago, a summer-morning deluge brought about 3 1/2 inches of rain in two hours and

paralyzed the system for hours, stranding 2.5 million riders.

That prompted the transit agency to spend $34 million on improvements like raising some

ventilation grates nine inches above sidewalks and building steps that head upward, before

descending, at flood-prone stations. All the money came from the agency's capital budget, which

also pays for subway cars and buses.

"This is a vicious circle of the worst kind," Projjal Dutta, the transportation agency's director of

sustainability, said of the financial effect. "You're cutting public transportation, which cuts down

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greenhouse gases, to harden against climate change."

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PubliEhed: September 10, 2012

, An Expanding Flood Zone Related Article »

; Current projections of sea level rise suggest that New York City will ! become increasingly w!nerable to catastrophic storm surges and

flooding.

PROJECTED SEA LEVEL RISE

In New York City

Assuming accelerated melting of polar ice

Assuming no accelerated

melting

2000 2020

100-YEARFLOODZONE

2050

Low-lying areas with a 1 percent or greater

chance of flooding in any given year, assuming accelerated polar ice melt

Today

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Sertd Feedback

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Coney Island

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Rockaway Point

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Sources: N.Y.C. Office or Errergency f,,'0riagerrent; N.Y.C. Office of Long-Term Rannlng and SustainabiUty; N.Y.C. Panel on Clirrate Oiange; Institute for Sustainable Olies, Qly Universitr or New

www.nytimes.com/interactive/2012/09/11/nyregion/an-expanding-flood-zone.html?ref=nyregion 1/2

planning and zoning commission (p&z) jonathan day … · charles e. rednour-district 1 jens...

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