County Commission approves controversial assisted living facility

INDIAN RIVER COUNTY — After hours of emotional and sometimes eloquent discussion the County Commission today granted Reflections Holdings, LLC’s request for special exemption and conceptual site plan approval for an assisted living facility in Sebastian.

Commission Chairman Gary Wheeler and Commissioner Bob Solari voted against approval, while commissioners Joe Flescher, Wesley Davis and Peter O’Bryan gave a thumbs-up.

The special exemption was necessary because the 6.8-acre parcel on U.S. 1 two miles north of the Wabasso bridge is zoned for commercial development and the assisted living facility doesn’t fit in that category.

Developer Joe Paladin described the project – which consists of a free-standing bank building and a 3-story, 120,000-square-foot assisted living facility with 125 beds, a restaurant, swimming pool, barber shop and other amenities – in glowing terms, talking about its low traffic impact and economic benefits.

“The project will create 80 to 100 temporary construction jobs while it is being built and 40 to 45 fulltime professional jobs after it’s complete,” said Paladin. “We will hire local people and the permanent payroll will be in the area of $1.3 million annually.”

Paladin said property taxes paid into county coffers will increase from $5,000 to $180,000 per year when the facility opens.

He emphasized the need for an assisted living facility in the area, which he said has been certified by the state, and his attempt to make the building architecturally compatible with Reflections On The River, a 200-unit condominium development that sits between the project site and Indian River Lagoon.

Paladin assured commissioners there would be no danger of a half-finished project becoming an eyesore.

“We have the necessary $18 million in financing guaranteed,” he said.

Objection came from residents of Reflections On The River, who said the project is not compatible with their neighborhood and would damage their property values and quality of life.

They objected to the size and location of the building and said their association actually owns part of the property where the project is to be built.

Vero Beach attorney Thomas Tierney, who represents condominium residents, said he filed suit in circuit court yesterday to challenge Reflections Holdings, LLC’s ownership of two sections of the property.

Paladin countered that charge by saying he has title insurance and other proof of ownership and that he would have to be crazy to go ahead with an $18-million project if he wasn’t sure the property belonged to his group.

When asked to comment on the issue by Commissioner Wheeler, County Attorney Alan Polackwich said the county could proceed with its administrative process and either approve or disapprove the special use exemption regardless of the land dispute.

He said the Paladin had shown proof of ownership at an earlier phase of the process and pointed out development opponents sometimes bring frivolous lawsuits that can stop a project for years with no real justification.

“I am not saying that is happening in this case at all, but it is a consideration,” Polackwich said.

An engineer hired by the condominium association, association board President Tom Cook and half a dozen other condo residents spoke against the project. They said they had been assured over the years only a small commercial development would be built in front in of their property and complained about the intrusive quality of a 35-foot-tall building looming over their homes.

Paladin and his engineer, David Philips, pointed out some of the condo buildings are three stories and one is four stories, and said they would landscape their site to buffer the visual impact.

Paladin’s architect Gregory John Burke said that the building would have numerous courtyards, setbacks and other architectural articulations that would break up the façade and avoid a monolithic look.

Emotions ran high during the meeting and momentum seemed to shift back and forth between Paladin and the condo residents as commissioners listened, asked questions and made comments, so that the outcome was uncertain until the vote was taken.

In the end, Wheeler objected to the amount of parking, which he said might not be sufficient for residents and employees, the proximity of the new building to existing condominiums and the uncertainty about land ownership.

“I’d like to know who owns it before we approve,” he said.

Commissioner Solari said Paladin was nearly there in his mind in terms of proving the project’s neighborhood compatibility but that he wanted issues between residents and the developer worked out before approval.

Commissioner O’Bryan said he thought the assisted living facility would be a good fit for the neighborhood and made a motion for approval with the condition that the new building be at least 75 feet away from existing condominiums instead of 40 feet as now planned.

Paladin said he would be happy to meet with condo residents and revise the plan to achieve that distance.

“We want to be a good neighbor and work together to create a project that is good for everybody in the community,” he said.

Commissioners Davis and Flescher agreed the project would be a good fit and voted with O’Bryan to move the plan forward.

“I thought I was in trouble there for a while,” Paladin said after the split decision went in his favor.

The project was previously approved unanimously by the Planning and Zoning Commission and was recommended for approval by county staff. Paladin will have to come back to the board with a final revised site plan with complete architectural drawings and details for another approval before the project is built.

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