Legislation Details

File #: 2020-O-42    Version: Name:
Type: Ordinance Status: Passed
File created: 11/12/2020 In control: City Council
On agenda: 1/11/2021 Final action: 1/11/2021
Title: 2nd Reading - Ordinance No. 2020-O-42: The City of Edgewater requesting an amendment to the Official Zoning Map to change 2.2? acres of land located south of 33rd and 34th Streets and east of India Palm Drive from B-2 (Neighborhood Business) to R-4 (Multi-Family Residential).
Attachments: 1. 2020-O-42 - India Palm Dr RZ, 2. Aerial Map, 3. Location Map, 4. Zoning Map

ITEM DESCRIPTION:

Title

2nd Reading - Ordinance No. 2020-O-42: The City of Edgewater requesting an amendment to the Official Zoning Map to change 2.2± acres of land located south of 33rd and 34th Streets and east of India Palm Drive from B-2 (Neighborhood Business) to R-4 (Multi-Family Residential).

Body

 

OWNER:  Charles J. Hamlin and Vladislava Hamlin (8402-01-08-2640); Five J Complex LLC (8402-01-08-2660); Cass T. Breneman (8402-01-08-2780); Julie Canady (8402-01-08-2800); Kensalia Real Estate (8402-01-08-2810); CAB GMB Holdings 6, LLC (38402-01-08-2760); Prime Properties of Volusia (8402-01-08-2720), LLC; Karl J. Spletzer (8402-01-08-2740); Leon’s Breakaway Outfitter, Inc (8402-01-08-2700 and 8402-01-08-2680); and Leon Alcantara (8402-01-08-2590)

 

REQUESTED ACTION: Amend the Official Zoning Map to change property from B-2 (Neighborhood Business) to R-4 (Multi-Family Residential)

 

LOCATION: South of 33rd and 34th Streets and east of India Palm Drive

 

AREA: 2.2± acres                     

 

PROPOSED USE:  Multi-Family Residential

 

CURRENT LAND USE:  Multi-Family Residential (duplex) and vacant

 

FLUM DESIGNATION:  Commercial

 

ZONING DISTRICT: B-2 (Neighborhood Business)

 

VOTING DISTRICT:  4

 

SURROUNDING AREA:

 

 

Current Land Use

FLUM Designation

Zoning District

North

Vacant

Commercial

B-2 (Neighborhood Business)

East

FEC Railroad

NA

NA

South

Vacant

Volusia County Urban Low Intensity

Volusia County R-3 (Urban Single Family Residential)

West

Single Family Residences and duplexes

Medium Density Residential

R-4 (Multi-Family Residential)

Background: The majority of the subject properties were developed in the early 2000’s with duplexes. At that time the construction of a duplex was permitted as a Conditional Use in the B-2 (Neighborhood Business) zoning district; an amendment to the Code in 2004 eliminated.  Due to the amendment the existing duplexes are considered non-conforming.  Per Section 21-71.01(f)(2) of the Code, if a structure housing a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value of the structure, then the nonconforming use of the structure may not be restored, with the exception of an existing single-family residential structure considered non-conforming and permitted prior to the adoption of the Code.  Based on that Code the existing duplexes could not be rebuilt in the event of severe damage or destruction. Upon approval of the proposed amendment and the associated rezoning the existing residences would no longer be considered non-conforming and the owners could rebuild their homes in the event of a catastrophic loss.

Three (3) parcels subject to the proposed amendment are vacant; the property owner would prefer to construct duplexes on the properties rather than commercial due to the location adjacent to existing residential structures.

Adjacent property owners were notified of the request.

The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of November 11, 2020.  City Council approved first reading of this item on December 7, 2020.

 

Land Use Compatibility: Amending the Official Zoning Map to change the subject properties to residential is more compatible with the adjacent properties than the existing commercial designation.  Commercial development of the vacant parcels is compatible with the current zoning designation; however it is not compatible with the adjacent properties.

 

Adequate Public Facilities: All properties have access via India Palm Drive; all properties are connected to City water and sewer, and it is available to the vacant parcels.

 

Comprehensive Plan Consistency: The proposed R-4 Zoning designation is compatible with the Medium Density Residential Future Land Use designation per Table III-1 of the Land Development Code.

RECOMMENDED ACTION

Motion to approve Ordinance No. 2020-O-42.