ITEM DESCRIPTION:
Title
2nd Reading - Ordinance No. 2020-O-41: The City of Edgewater requesting an amendment to the Comprehensive Plan Future Land Use Map to change 2.2± acres of land located south of 33rd and 34th Streets and east of India Palm Drive from Commercial with Conservation Overlay to Medium Density Residential with Conservation Overlay.
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 Future Land Use Map to change property from Commercial with Conservation Overlay to Medium Density Residential with Conservation Overlay.
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 with Conservation Overaly
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.
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 Future Land Use 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 Future Land Use 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 current Future Land Use designation of the subject parcels is inconsistent with the future land use of the properties to the west; permitting commercial development on the vacant parcels would be inconsistent with the character of the area, therefore the proposed amendment is consistent with Policy 1.5.1 of the Future Land Use Element.
RECOMMENDED ACTION
Motion to approve Ordinance No. 2020-O-41.