Gordon Sheffield

Hearing Officer

DATE November 20, 2007 TIME 1:30 P.M.

Staff Present Others Present

Jeff McVay Michael Knisely

CASES

Case No.: ZA07-125

Location: 1137 East Broadway Road

Subject: Requesting a Development Incentive Permit to allow development of apartments for physically disabled individuals in the R-2 zoning district.

Decision: Approved with the following conditions.

1. Compliance with the site plan submitted.

2. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.

3. The Development Incentive Permit (DIP) shall be applicable only upon issuance of a section 811 HUD grant by the time of Certificate of Occupancy.

Summary: Michael Knisely represented the DIP request, noting that he did not have additional information to add to the file. Mr. Sheffield discussed the request with the applicant and staff. Discussion included the citizen participation efforts, HUD grant requirements, and the on-site parking needs. Mr. McVay provided a staff report and recommendation. Mr. Sheffield agreed that the property met the intent of the DIP requirements and would be compatible with and not detrimental to surrounding development. Mr. Sheffield addressed his concern that the site would not be tied to the specific HUD grant if sold, with an additional condition of approval.

Findings:

• The Development Incentive Permit allows development of a multi-residential facility specifically designed for physically disabled adults. The Development Incentive Permit (DIP) allows the reduction of onsite parking from 31 spaces to 16 spaces. The site complies with all other development standards.

• The applicant has noted that parking needs for this type of facility are greatly reduced due to the physical handicaps of the residents. Other facilities under the same ownership have been approved with similar reductions in onsite parking, which have proven to meet the needs of those complexes.

• The subject property is consistent with the definition of a bypassed parcel, the incentives are necessary to accommodate the proposed development, the incentive approved will allow development commensurate with surrounding existing development, and the incentives will result in a development compatible with, and not detrimental to, adjacent properties or neighborhoods

• Development Incentive Permits are required for bypass parcels that are unable to meet development standards. The applicant has met all current development standards set by the Zoning Ordinance and is only asking for the reduction of parking. Consequently, reasonable conformance of the parking standards would justify the requested DIP.

• The site plan and use have been reviewed and approved by the Planning and Zoning Board and City Council through case Z07-106. The site plan allows the development of quality facility for an underserved segment of the population while investing in an older area of the City and providing compatibility with the intent of the Zoning Ordinance. Additionally, the proposed use and improvements will be compatible with, and not detrimental to, adjacent properties in the area.

*****

There being no further business to come before the Zoning Administrator, the hearing adjourned at 2:00 p.m.

The cases for this hearing were recorded and are available upon request.

Respectfully submitted,

Gordon Sheffield

Hearing Officer

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