ITEM DESCRIPTION:
Title
SP-2103: Request to approve major site plan for the Tamarack III Mobile Home Park allowing the creation of a 165-unit 55+ mobile home park community with accessory private uses such as boat storage and a bar generally located East of S Ridgewood Avenue and South of River Park Boulevard.
Body
Parcel ID#: 853801000071
Proposed use: Residential Subdivision
Staff Findings:
The applicant first filed for site plan approval back in 2021.
The subject property is bound by S Ridgewood Avenue to the West, Indian River to the East, a mobile home park to the North, and low-density single-family homes to the South.
The subject development encompasses 42.0 + acres.
The subject development has a zoning designation of Volusia County MH-1W, Mobile Home.
The subject property has a City of Edgewater future land use designation of Urban Medium Density which allows for up to 8 units per acre.
The density for this project is 3.93 units per acre well within the FLU of Urban Medium Density which allows for a maximum of 8 units per acre.
The proposed lots are 100 feet in depth by 50 feet in width and have the following setbacks:
Front = 30 feet
Side = 7.5 feet
Side Corner = 15 feet
Rear = 15 feet.
The proposed site is providing 35% open space, of which 8.69 acres are storm water retention ponds and the other 6.61 acres are forms of active and passive open space.
The application was originally planned to be heard before the Planning and Zoning a few months prior, however, after Staff received public comments and met in person with several citizens regarding inconsistencies with the site plan and the City of Edgewater’s land development code. As such, staff deemed a further review was required.
The concerns by members of the public are as follows:
1. The bar is open to the public.
a. Staff requested the applicant to change the parking from 25% from the river, which would indicate that the bar was open to the public. The applicant has changed it to 25% of tenants would walk.
2. The use of sea walls.
a. Staff requested from the applicant to provide a statement from the engineer of record demonstrating in accordance with the City of Edgewater’s comprehensive plan that erosion was occurring. The applicant has supplied a letter stating sea walls are necessary to prevent erosion. An image is provided below:
i. 
3. The landscape buffer is being utilized within the lots and concerns about structures being placed in said landscape buffers.
a. Staff requested from the applicant to provide a note within the plans. The applicant has provided on Sheet C2 that “no accessory structure will be allowed in the 30 feet of open space” within the landscape buffer.
4. The survey was not signed and sealed.
a. Staff requested from the applicant to provide a signed and sealed survey. The applicant has provided a signed and sealed survey.
5. The tree survey was submitted at the time of the original site plan and the tree survey should be redone because the trees have grown during this period.
a. Staff conferred with the City Attorney; there is nothing in the land development code requiring updates to tree surveys. Section 21-55.07(b) states: “All proposed development projects shall be required to include a tree survey by either a licensed Surveyor or Arborist, locating all Specimen and Historic Trees.” The applicant is not required to do anything beyond the land development code because this is being processed through a straight zoning analysis.
6. The development is proposing to clear more than necessary.
a. The land development code does not regulate the amount of clearing, the land development code in Section 21-55.07(a) merely states: “all development projects shall provide a plan to protect historic and/or specimen trees after construction has occurred on a site, such plan may include, but not be limited to conservation easements, common open space, tree protection easements, deed restrictions, and homeowner association documents. Section 21-55.07(f) also states “prior to construction, the developer shall erect protective barriers around all trees to be preserved. These barriers shall be sufficient to prevent intrusion on that area within the drip line of the canopy of the tree.” The applicant has provided on Sheet T2.13 of the Tree survey “tree protection detail”. Staff cannot condition anything beyond the land development code.
7. A school concurrency form was not filed with Volusia County Schools.
a. Staff spoke to developer and relayed that if the community was not deed restricted to 55 years and older, than a school concurrency application would be required. The applicant has provided on Sheet C2, annotation number six, “Tamarack III is a 55+ Community”.
The applicant has met the requirements of the Land Development Code and has received approval from the Technical Review Committee with the following department comments:
Planning and Zoning:
All comments satisfied. City staff is in receipt of all permits besides the Army Corps of Engineer’s for the construction of boat docks in the Indian River.
Environmental Services:
All comments satisfied.
Building and Permitting:
All comments satisfied.
Fire Department/Code Enforcement:
All comments satisfied from Preliminary Plat.
The Planning and Zoning Board sent a favorable recommendation on a 4-1-2 vote to City Council on October 11th, 2023.
Staff Recommendation:
Staff recommends approval of the major site plan for the Tamarack III with the following conditions:
1. No building permit for any dock will be issued until City staff receives a copy of the permit from the Army Corps of Engineers.