City of Edgewater - File #: 2024-O-43.2

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ITEM DESCRIPTION:

Title

2^nd Reading - Ordinance 2024-O-43: Request for a rezoning 42+ acres from County A-3 (Transitional Agriculture) to City BPUD (Business Planned Unit Development) for 42+ acres located at 3145, 3149, and 3199 West Indian River Boulevard.

Body

OWNER:

NSB OHM2, LLC & Barbara Lynn Kaufman Trust

APPLICANT:

JBEC, Inc.

LOCATION:

Northwest corner of Old Mission Road and Indian River Boulevard

AREA:

42 + acres

PROPOSED USE:

Assisted/Independent Living Facilities, Single Story Villas, Memory Care Facility, Emergency Room, Medical Office Buildings, Rehabilitation Facility

CURRENT LAND USE:

Undeveloped

FLUM DESIGNATION:

Mixed-Use with Conservation Overlay

ZONING DISTRICT:

Volusia County A-3 (Transitional Agriculture)

VOTING DISTRICT:

Council District 2, Gigi Bennington

Discussion:

The subject property is located on approximately 42.8 acres of undeveloped land on the northwest side of the intersection of S.R.442 and Old Mission Drive. This property was annexed into the City of Edgewater, but retained Volusia County Zoning of A-3 Agriculture. The property has a future land use designation of Mixed-Use. 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.

The applicant is requesting a BPUD agreement for the property to develop an assisted/independent living facility, single story villas, a memory care facility, emergency room, and professional medical offices. The proposed development addresses the needs for not only elderly care within the city, but also the need for an emergency room and medical offices on the western side of the city.

The Planned Unit Development designation is a conditional zoning district intended to provide a flexible approach for unique and innovative land development proposals, which could not be accomplished under conventional zoning. A PUD establishes permitted uses and specific development requirements. A Conceptual Development Plan illustrates the general location and intensity of the land uses within the development. A PUD does not approve any specific development itself, but establishes the parameters for how a site can be developed. A PUD must be developed in accordance with the standards established in the approved PUD agreement and must comply with all other applicable development regulations such as stormwater, landscaping, tree preservation, traffic, etc.

Figure 1: Location Exhibit

Figure 2: Conceptual Development Plan

Business Planned Unit Development Agreement Summary:

The BPUD Agreement for the Edgewater Villages project is split into three phases with varying development requirements. The standards for the project are as follows:

PHASE 1 -INDEPENDENT LIVING FACILITY STANDARDS

Maximum Number of Units

Independent Living Apartment Units: 272 units

Villas: 45 (2-Bedroom units)

Independent Living Apartment Unit Standards:

SR-442 Building Setback: 75 feet

Coral Trace Boulevard Building Setback: 75 feet

Coral Trace Subdivision Setback: 250 feet

Villa Building Setback: 50 feet

Maximum Building Height: 70 feet

Parking: 1.55 spaces per unit.

Villa Standards:

Coral Trace Subdivision Building Setback: 30 feet

Coral Trace Boulevard Building Setback: 25 feet

Front Yard Setback (internal roadway): 25 feet

Side Yard Setback: 10 feet

Maximum Height: 28 feet

Minimum Square Footage Under Air: 1,200

Minimum Driveway Width: 16 feet

Minimum Garage: Two-Car

Amenities:

The independent living apartments as well as the villas shall share the amenities within Phase 1. Said amenities shall include a pool, clubhouse, two (2) outdoor grills, a six (6’) foot concrete walking path around the interior water retention pond (as depicted on master plan), a dog park with a dog waste station.

Landscape Buffers

1. Rear (Abutting Coral Trace Subdivision): Minimum landscape buffer shall be a minimum of 30 feet in width and consist of one (1) canopy tree per fifty (50’) linear feet with two (2) understory trees per twenty (20’) linear feet, and sixty (60) shrubs per one hundred (100) linear feet. A minimum of 50% of the required plantings in this landscape buffer shall be native vegetation as defined by the University of Florida Institute of Food and Agricultural Sciences. To maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner. Linear arrangements are prohibited.

2. Front (Abutting Indian River Blvd.): Minimum landscape buffer shall be a minimum of twenty-five feet (25’) in width and consist of one (1) canopy tree per thirty (30’) linear feet with two (2) understory trees per twenty (20’) linear feet, and seventy (70) shrubs per one hundred (100) lineal feet. A minimum of 50% of the required plantings in this landscape buffer shall be native vegetation as defined by the University of Florida Institute of Food and Agricultural Sciences. 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.

3. Side (Phase 1 West, Abutting Coral Trace Blvd.): Minimum landscape buffer shall be a minimum of twenty-five (20’) feet in width and consist of one (1) canopy tree per thirty (30’) linear feet with two (2) understory trees per twenty (20’) linear feet, and seventy (70) shrubs per one hundred (100) lineal feet. A minimum of 50% of the required plantings in this landscape buffer shall be native vegetation as defined by the University of Florida Institute of Food and Agricultural Sciences. 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.

4. Side (Phase 1 to Phase 2): The landscape islands separating phase 1 and phase 2 shall be planted with a minimum of one (1) understory tree per twenty-five feet (25’) and a minimum grass sod width of eight (8’) feet.

PHASE 2 -MEMORY CARE AND ASSISTED LIVING FACILITY

Bed Count and FAR: A maximum of 169 beds shall be permitted. The Assisted Living Facility and Memory Care Facility shall not exceed 450,000 square feet.

Assisted Living and Memory Care Standards:

SR-442 Building Setback: 75 feet

Northern Property Line Building Setback: 75 feet

Adjacent Phase Building Setback: 75 feet

Maximum Building Height: 50 feet

Parking: A minimum of one-hundred and twenty six (126) spaces shall be provided between the Memory Care and Assisted Living Facility.

Amenities: The Assisted Living Facility shall provide a pool within the interior courtyard.

Landscape Buffers:

1. Front (Abutting Indian River Blvd.): Minimum landscape buffer shall be a minimum of twenty-five (25’) feet in width and consist of one (1) canopy tree per thirty (30’) linear feet with two (2) understory trees per twenty (20’) linear feet, and seventy (70) shrubs per one hundred (100) lineal feet. A minimum of 50% of the required plantings in this landscape buffer shall be native vegetation as defined by the University of Florida Institute of Food and Agricultural Sciences. 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.

2. Rear (Abutting Parcel: 843802000040): Minimum landscape buffer shall be a minimum of twenty-five (25’) feet in width and will be a natural undisturbed landscape buffer. No clearing or grading shall be performed in the natural landscape buffer.

3. Side (Phase 1 to Phase 2): The landscape islands separating phase 1 and phase 2 shall be planted with a minimum of one (1) understory tree per twenty five (25’) and a minimum grass sod width of eight (8’) feet.

4. Side (Phase 2 to Phase 3): A minimum one (1) canopy tree per thirty (30’) linear feet with two (2) understory trees per twenty (20’) linear feet shall be planted around the perimeter immediately adjacent to the water retention and or the water detention ponds as depicted on the conceptual master plan.

PHASE 3 - PASSIVE OPEN SPACE

Parcel 843802000020 will remain as passive open space. No clearing or grading shall be allowed in Parcel 843802000020.

Comprehensive Plan Consistency:

Article IX Section 21-91.02 of the Land Development Code states that no application for a change in zoning can be approved unless the proposed zoning is consistent with the Land Use Designation/Zoning Classification Matrix in Table III-1. The Table, attached below, verifies consistency between the current Commercial Future Land Use designation and the Proposed Zoning District of Business Planned Unit Development.

Surrounding Area:

The adjacent land uses and zoning classifications for the adjacent parcels are illustrated in the following table. Existing uses shown below are not intended to be an all-inclusive list, but a general summary of types of uses near the subject property. The subject parcel is outlined in the aerial exhibit.

Table 1: Surrounding Area, FLU Designations, Zoning Designations

	Current Land Use	FLUM Designation	Zoning District
North	Single Family Homes	City Mixed Use	RPUD (Coral Trace)
East	Undeveloped	Volusia County Low Impact Urban	Volusia County A-3(1)A Transitional Agriculture
South	Undeveloped	City Mixed Use/ Commercial	Volusia County A-3(1)A/ City B-3 Highway Commercial
West	Undeveloped	Volusia County Low Impact Urban	Volusia County B-6(1) Highway Interchange Commercial

Land Use Compatibility:

The subject property is located in an area east of Interstate 95, on the west side of Old Mission Road, north of S.R.442. The area was applied the Mixed-Use designation as part of the Coral Trace Subdivision RPUD agreement. The property is annexed into the City of Edgewater, yet retained Volusia County Zoning. The current use of a medical facility with independent and assisted living facilities are compatible with the surrounding area and within the Mixed-Use Future Land Use designation.

Comprehensive Plan Compatibility:

The Zoning designation of BPUD is compatible with the Mixed-Use Land Use Designation in the Comprehensive Plan. Specifically, the rezoning request complies with the following:

Policy 1.1.9: Mixed Use. The Mixed-Use land use category permits low, medium and high-density residential development; commercial uses (retail and office); light industrial; educational facilities; recreation facilities and compatible public facilities.

Staff Response: As discussed above, the rezoning request is compatible with Volusia County’s existing future land use of Urban Low Intensity as the density is maximized at 1 dwelling unit per 2.5 acres.

• Policy 1.5.1 - Inconsistent Land Uses

Proposed land use amendments, which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City, unless the adjacent future land use can be shown to be inconsistent with the Comprehensive Plan.

Staff Response: Staff has determined that the BPUD zoning is a compatible future land use designation from the City’s future land use designation of Mixed-Use.

• Policy 1.4.1 - Limiting Development and the Utility Service Area.

The City will limit land development activities outside of the adopted Utility Service Area boundary to encourage infill and ensure the availability of services and facilities to accommodate development.

Staff Response: The subject property is located within the City of Edgewater’s ISBA and MSA. The subject property has the ability to connect to City utilities. The subject property is currently vacant.

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. The subject property is serviced by the City of Edgewater for municipal water services, sewer, and solid waste. All are operating with enough capacity to support the project. There will be entrances on Old Mission Road and on S.R.44, which is already a signalized intersection. In addition, the applicant will be requested to provide a Traffic Impact Statement at the Site Plan Submittal phase.

Business Impact Statement:

The proposed development in its entirety is projected to have an assessed value of approximately $150,000,000. This will be taxed as a commercial entity. The proposed development will increase ad valorem revenue and will provide additional jobs.

Public Notice:

A Public Notice was mailed to all addresses within 500 feet of the project area, and a public notice sign was posted on the site on July 31 ,2024. As of August 7, 2024, staff has received no public comments regarding the proposed comprehensive plan amendment or zoning change.

At the August 14^th, 2024 Planning and Zoning meeting, the Planning and Zoning Board made a recommendation of denial with four in support, two in denial, and one absent.

Recommendation:

Motion to approve Ordinance 2024-O-43.