City of Edgewater - File #: 2024-O-51.2

• File #: 2024-O-51.2
• Version: 1
• Type: Ordinance
• Status: Agenda Ready
• File created: 11/20/2024
• In control: City Council
• On agenda: 12/2/2024
• Title: 1st Reading - Ordinance 2024-O-51: Request for rezoning from (B-3) Highway Commercial, (MH-1) Mobile Home Park, and Volusia County (MH-4A) Rural Mobile Home to Mixed Use Planned Unit Development (MUPUD) for approximately 22.97 + acres located on Carol Ann Drive, south of Park Avenue.

ITEM DESCRIPTION:

Title

1^st Reading - Ordinance 2024-O-51: Request for rezoning from (B-3) Highway Commercial, (MH-1) Mobile Home Park, and Volusia County (MH-4A) Rural Mobile Home to Mixed Use Planned Unit Development (MUPUD) for approximately 22.97 + acres located on Carol Ann Drive, south of Park Avenue.

Body

OWNER:

Oak Grove on Park Ave, LLC

APPLICANT:

Jeffrey Bock

LOCATION:

South of Park Avenue, west of Mango tree drive, east of Carol Ann Drive.

AREA:                     

22.97 + Acres

PROPOSED USE: 

Mango Key Townhomes with Mango Key Storage Facility

CURRENT LAND USE: 

Undeveloped

FLUM DESIGNATION: 

Medium Density Residential and Volusia County Rural

ZONING DISTRICT:

B-3 Highway Commercial, MH-1 Mobile Home Park, and Volusia County MH-4A Rural Mobile Home

VOTING DISTRICT: 

Council District 1, Councilperson Charlotte Hope Gillis

STAFF RECOMMENDATION:

Approval

PLANNING BOARD:

September 11^th, 2024

CITY COUNCIL:

October 7^th, 2024

Discussion:

The applicant is requesting rezoning from B-3 Highway Commercial, MH-1 Mobile Home Park, and Volusia County MH-4A Rural Mobile Home to Mixed Use Planned Unit Development (MUPUD) for approximately 22.97 + acres located on Carol Ann Drive, south of Park Avenue. The subject property is contiguous to the current boundaries within the City of Edgewater. The subject parcel is within the Interlocal Service Boundary Agreement (ISBA) with Volusia County and the Utility Service Area for the City of Edgewater.

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 established permitted uses and specific development requirements and a Conceptual Development Plan that illustrates the general location and intensity of the land uses within the development. A PUD does not approve any specific development itself but established 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.

The proposed project is Mango Key, a townhome project with an associated commercial storage facility project referred to as Mango Storage. A copy of the full Mixed Use Planned Unit Development Agreement is attached at the end of this staff report.  

Figure 1: Location Map

Figure 2: Proposed Zoning Map Change

Figure 3: Conceptual Plan

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	Undeveloped	Medium Density Residential	MH-1
East	Borrow Pit	Public/Semi-Public	Agriculture
South	Undeveloped	Volusia County Rural	Volusia County MH-4A
West	Undeveloped	Volusia County Rural	Volusia County MH-4A

Environmental Considerations:

From 1962 to 1999, the site was owned by an excavating company called Hanson & McAllister, Inc. During this period, Hanson & McAllister excavated sand from the middle parcel creating a large borrow pit. Subsequently, the pit was reported to have been filled in with land and clearing debris such as tree stumps, and possibly construction debris. By 1999, the borrow pit had been filled in and the property was sold to Golden Start of Central Florida, Inc., who began developing a manufactured home subdivision called Royal Oaks. In December 2000, several drums and several one gallon paint cans were unearthed during excavation of utility lines within the Royal Oaks subdivision. The developers hired a cleanup contractor in an initial attempt to remove the drums. Approximately twenty (20) drums were exhumed by the cleanup contractor prior to the Florida Department of Environmental Protection being notified.

In February 2001, at the request of the FDEP, the U.S. Environmental Protection Agency’s (EPA) Emergency Response and Removal Branch, conducted a geophysical survey of the site in attempt to identify the extent of the buried drums. Two areas were identified. FDEP entered into an agreement with the property owner for the conduction of all necessary cleanup actions. In April 2001, the property owner’s contractor began excavation and drum removal operations at the site. Approximately 80 drums were removed at this time. On July 9^th, 2001, the FDEP referred the site to the EPA-ERRB for federal removal action eligibility. At that time, approximately 150 drums were reported to have been exhumed. After two years of well monitoring, in August of 2003, the Department of Environmental Protection stated no further ground water assessment or remediation would be required.

The applicant has provided staff with a Phase 1 Environmental Site Assessment form G & S Good Environmental Inc. The Phase 1 Environmental Site Assessment was completed in September of 2024. The report covered the remaining areas of the site that were not examined and remediated as part of the DEP/EPA efforts. Professional Geologist, Bill Good, of G & S Good Environmental, Inc., states that “G&S found no evidence of recognized environmental conditions associated with the subject property. Based on our current findings it is our opinion that further environmental assessment is not warranted at this time.”

PUD Standards:

Existing Entitlements:

The subject properties have an active entitlement through a Development Agreement for the Royal Oaks Community recorded in Book 4514, Page 4317. The existing development agreement allows for one hundred and twenty eight (128) mobile homes on fifty-five (55’) foot wide by ninety (90’) feet in length lots sizes. The mobile homes are required to have a ten (10’) foot front setback, fifteen (15’) foot property boundary setback, seven point five (7.5’) foot side setback, and a rear setback of fifteen (15’) feet. There are no standards in the development agreement for landscape buffers, amenities, or stormwater provisions beyond Saint Johns River Water Management District.

In section fourteen (14) of the Development Agreement, titled, Binding Effects, “any and all supplemental orders and resolutions, and all final site plans, shall bind and inure to the benefit of the Developer or their successors in interest. The provisions of this Development Agreement and all approved plans shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida.” Based upon this language in the Development Agreement, the applicant has the right to pull building permits to rebuild the mobile home park.

Staff’s greatest concern is that the approved Development Agreement and subsequent Development Order for the Royal Oaks Community requires very little stormwater. The City of Edgewater’s current stormwater code requires adherence to a 100 year storm event while the approved site plan for the Royal Oaks Community is adhering to a 25 year storm event.

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. In addition, the applicant will be requested to provide a Traffic Impact Statement and a Volusia County Schools Concurrency Application at the Preliminary Plat Submittal phase.

Public Notice:

In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on August 28 ,2024. In addition, Public Notices were mailed out to all residences within 500’ of the subject property. 

The Planning and Zoning Board sent a favorable recommendation to City Council with five in support and two opposed.

Recommendation:

Staff recommends approval of Ordinance 2024-O-51.