ITEM DESCRIPTION:
Title
1st Reading - Ordinance 2024-O-33: Request for a rezoning for 13.56± acres from B-3, Highway Commercial to RPUD, Residential Planned Unit Development for the properties generally located East of US 1 and perpendicular to Bianca Road.
Body
REQUEST:
Amendment to the Zoning Map for 13.56 Acres from Zoning District B-3 Highway Commercial to Residential Planned Unit Development (RPUD)
APPLICANT:
Robert A. Merrell III, Esquire-Cobb Cole
PROPERTY OWNERS:
TRB Edgewater, LLC
LOCATION:
East of U.S.1, north of Roberts Road
AREA:
13.56 Acres
PROPOSED USE:
Build to Rent Residential Development
CURRENT LAND USE:
Undeveloped
CURRENT FLU:
Commercial
CURRENT ZONING:
B-3 Highway Commercial
PROPOSED ZONING:
RPUD
VOTING DISTRICT:
Council District 4, Councilperson Jonah Powers
ISBA:
Located Within ISBA Boundary
CITY COUNCIL:
1st Reading, July 1, 2024
OVERVIEW:
The subject property is located north of Roberts Road, east of U.S.1. The property is currently an undeveloped track of land that has a zoning designation of B-3 Highway Commercial and a future land use designation of Commercial. The applicant is requesting a zoning map change from B-3 Highway Commercial zoning district to Residential Planned Unit Development (RPUD).
This application is submitted concurrently with a future land use change request from Commercial to Urban Connectivity. The proposed land use is a build-to-rent residential community. The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County and the City as well as contiguous to the city boundaries.
Table 1: Surrounding Area Current FLU Designations, Zoning Designations
|
|
Current Land Use |
FLU Designation |
Zoning |
Density |
|
North |
Mobile Home Park |
Medium Density Residential |
MH-2 Mobile Homes |
8 DU/Acre |
|
East |
Mobile Home Park |
Medium Density Residential |
MH-2 Mobile Homes |
8 DU/Acre |
|
South |
Cemetery |
Public |
Public/Semi-Public |
N/A |
|
West |
Commercial Businesses |
Commercial |
B-3 Highway Commercial |
N/A |
Land Use Compatibility:
The proposed use of a build-to-rent residential development is compatible with the surrounding area and a permitted use within the RPUD Agreement. The properties to the north and east have a future land use of medium density residential which allows for eight dwelling units per acre and consists of a manufactured community. The subject property is within 500 feet of a major shopping center which includes a grocery store. In addition, the subject property is within 3,000 feet of a public park and a public school. The proposed project of a build-to-rent residential community would increase the amount of housing available for residents while ensuring access to necessary goods and services while reducing vehicle miles traveled. This proposed project is an infill development projected aimed at providing multi-family housing which the City of Edgewater has very little.
Public Facilities Adequacy:
The City of Edgewater has sufficient capacity to service the property with regards to water, wastewater, parks, and transportation while meeting the Level of Standard as outlined in the Comprehensive Plan. A Trip Generation Statement and a full TIA will be required at the time of a Site Plan submittal. An adequate school capacity determination letter has been requested of the applicant. An adequate school capacity letter shall be provided to City Council prior to adoption. The subject property is serviced by the City of Edgewater for municipal water services. There is adequate capacity. The subject property shall be serviced by the City of Edgewater for municipal waste. There is adequate capacity.
Business Impact Statement:
SB 170 requires a municipality to produce a “business impact estimate” prior to passing of an ordinance. The impact statement must include the direct economic impact of the proposed ordinance. To calculate the impact upon the City of Edgewater’s municipal tax revenue, City staff utilized the Beacon Apartments in New Smyrna Beach based upon the taxable value and the number of units. Staff then applied said formula to the City of Edgewater’s millage rate. The yearly tax revenue if approved would be $362,560. The tables below provide how the City of Edgewater ascertained the estimated tax revenue:
|
Beacon Apartment 2024 Taxable Value |
Beacon Apartment Unit Count |
Taxable Value per Unit |
|
$49,288,835 |
253 |
$194,818 |
|
Proposed Multi-family Units |
Taxable Value per Unit |
Potential Assessed Value |
Edgewater Millage Rate |
Potential Yearly Tax Revenue |
|
294 |
$194,818 |
$57,276,492 |
6.33 |
$362,560 |
City staff believe the addition of 294 multi-family apartment units will help contribute to the economic viability of the adjacent shopping center and other local businesses within the City of Edgewater. SB 170 does not require a municipality to hire an accountant or economic analyst to perform the “business impact estimate”.
Environmental Assessment:
The applicant has retained Biological Consulting Services, Inc who has provided an Environmental Assessment with an overview of the environmental conditions on the property. The Environmental Assessment identified an isolated freshwater marsh of .47 acres and .09 acres of forested wetlands. The remainder of the site consists of shrub/brushland, pine flatwoods, and scrubby flatwoods. Two gopher tortoise burrows were identified on the site. No other endangered or threatened flora or fauna were present based upon the infield site work.
RPUD Standards:
Minimum Building Setbacks
Front (Abutting US 1): 30 - feet
Rear (East): 30 - feet
Side (North): 40 - feet
Side (South): 10 - feet
Maximum Height: 35 - feet
Maximum Building Coverage: 50%
Maximum Impervious Coverage: 70%
Landscape Buffers
Front (Abutting US 1): Ten (10’) feet.
a. Shall adhere to the planting requirements of Article XX, Ridgewood Avenue Corridor Design Regulations.
Side (North): 30’ natural vegetation, then 10’ planted
b. Shall maintain a 30’ undisturbed natural buffer along the entire Northern property boundary. A six (6’) foot wood or vinyl fence shall be provided immediately adjacent to the thirty (30) foot undisturbed natural landscape buffer. In addition, any area immediately adjacent to the multifamily building, which has a 40 foot building setback, shall provide an additional ten (10’) foot land scape buffer. The planted buffer shall be planted in accordance with the following:
i. One (1) canopy tree (e.g. Oak) per twenty-five linear feet (25’) with one (1) understory trees per ten linear feet (10’), and seventy (70) shrubs per one hundred (100) lineal feet. Minimum 35% native vegetation of required plantings is required within this buffer yard. To maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner that is similar to and consistent with natural adjoining areas, which have been preserved. Linear arrangements are prohibited
Side (South): Ten (10’) feet.
c. The planted buffer shall be planted in accordance with the following:
i. One (1) canopy tree (e.g. Oak) per twenty-five linear feet (25’) with one (1) understory trees per ten linear feet (10’), and seventy (70) shrubs per one hundred (100) lineal feet.
Rear (East): Twenty (20’) feet.
d. Shall maintain a 20’ undisturbed natural buffer along the entire Eastern property boundary. A six (6) foot wooden or vinyl fence shall be constructed immediately adjacent to the twenty (20) foot undisturbed natural landscape buffer.
Trees and Open Space
Preservation Areas depicted on the Master Plan may be utilized to meet said requirements. A minimum 10% of the square-footage of the total project site shall be dedicated to the protection of trees. The landscape buffers, both planted and natural, as well as the planting of trees within landscape islands and around the water retention pond shall count toward this requirement. The removal of historic tree’s shall be permitted, however a replacement of four (4) understory trees at a height of sixteen (16) feet and a DBH of three (3) inches shall be provided for every historic tree removed. The development shall provide a minimum of thirty (30) percent of open space. Open space is inclusive of water retention or water detention ponds, landscape buffers, and active recreational amenities such as the pool, playground, and dog park.
Amenities and Dumpster Enclosures
a. Developer shall construct an amenity center including a pool, clubhouse, playground, and dog park.
b. Developer shall provide a six (6) foot stabilized path along the stormwater ponds with dog waste stations at a minimum of one (1) per 500 linear feet of path.
c. Developer shall provide one on-site dumpster enclosure or trash compactor within the site. Should the one (1) dumpster enclosure or trash compactor not be enough, the developer shall install additional dumpsters at the City of Edgewater’s request.
d. Ownership and maintenance responsibility of the recreation/open space areas will be that of the management association or property owners’ association.
STAFF RECOMMENDATION:
Motion to approve Ordinance 2024-O-33.