ITEM DESCRIPTION:
Title
1st Reading - Ordinance 2024-O-26: Request for a small-scale comprehensive plan amendment for 38.653± acres from City Conservation to City Commercial with Conservation Overlay for property generally located South of SR 442 and East of Old Mission Road
Body
REQUEST:
Amend the Comprehensive Plan Future Land Use (FLU) Map to change the FLU designation of ±38.653 acres from Conservation to Commercial with Conservation Overlay.
APPLICANT:
Conrad Kahn
PROPERTY OWNERS:
Frank & Stein, LLC
PARCEL ID:
See attached Legal Description and Survey
LOCATION:
Generally found south of Indian River Boulevard, east of Old Mission Road.
AREA:
38.653 Acres
PROPOSED USE:
Commercial Development
CURRENT LAND USE:
Undeveloped
CURRENT FLU:
Conservation
PROPOSED FLU:
Commercial with Conservation Overlay
VOTING DISTRICT:
Council District 2, Councilwoman Gigi Bennington
ISBA:
Located Within ISBA Boundary
CITY COUNCIL:
1st Reading, July 1st, 2024
BACKGROUND:
This parcel is an undeveloped 38.653-acre tract of land in the City of Edgewater. The property is on the south side of Indian River Boulevard approximately 1 mile east of Interstate 95. The parcel has a future land use designation of Conservation. The applicant is requesting a change to a future land use designation of Commercial.
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, FLU Designations, Zoning Designations
|
|
Current Land Use |
FLUM Designation |
Zoning District |
|
North |
Undeveloped |
Volusia County Low Impact Urban |
Volusia County A-3(1)A Transitional Agriculture |
|
East |
Undeveloped |
City Conservation |
Volusia County Resource Corridor/Urban Low Intensity |
|
South |
Undeveloped |
City Low Density Transition/Conservation |
City Rural Transitional/Volusia County Resource Corridor |
|
West |
Undeveloped |
Volusia County Low Impact Urban/Environmental Systems Corridor |
Volusia County A-3(1)A/Resource Corridor |
Land Use Compatibility:
The proposed FLU change is compatible with the future development of the surrounding area. The subject property is located in an area east of Interstate 95 that has both rural and commercial properties. The parcels to the north across Indian River Boulevard have a FLU designation of Low Impact Urban from Volusia County. The parcels across Indian River Boulevard at the corner of Old Mission Road and Indian River Boulevard have a FLU designation as Mixed-Use. East of the parcel is the intersection of Airpark Road and Indian River Boulevard with the northwest corner having a FLU designation of Commercial.
• Low Impact Urban in Volusia County allows for 1 dwelling unit per acre.
• Mixed-Use in the City allows for 12 dwelling units per acre and a 0.5 floor area ratio (FAR).
• Commercial FLU designation in the City allows for a 0.5 FAR.
Comprehensive Plan Compatibility:
The Commercial Future Land Use Designation is compatible with the Comprehensive Plan and the surrounding growth near the Interstate 95 corridor. Specifically, the small-scale comprehensive plan complies with the following:
The Commercial Future Land Use Designation in the Comprehensive Plan. Specifically, the small-scale comprehensive plan complies with the following:
• Policy 1.1.8 - Conservation Overlay
Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas including habitat for rare, endangered, and threatened species, hydric soils/wetlands (as defined in the Conservation Element), mangrove swamps, cypress swamps, mixed hardwood swamp, hydric hardwood hammock and sad pine/xeric oak scrub, estuarine marsh ecotone, freshwater marshes, special vegetative communities, areas within a public water well radii of 500-feet, 100-year floodplain areas and other areas subject to environmental or topographic constraints. A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the FLUM shall be determined prior to issuance of any development approval. Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. Efforts should be made to protect wetlands, if feasible. Otherwise, appropriate mitigation is required.
Staff Response: The subject property has performed an Environmental Impact Study. If developed, appropriate measures shall be taken and the applicant will be required to mitigate any wetlands found onsite.
• Policy 1.3.1 - Impact on Current LOS Services and Facilities
The City shall review all development and redevelopment proposals to determine their specific impacts on current Levels of Service (LOS) for all services and facilities addressed in this Comprehensive Plan.
Staff Response: Staff has reviewed the LOS for all services involved in amending this property with a FLU of Commercial and found it will not adversely affect the LOS standards in the Comprehensive Plan. Furthermore, it is directly adjacent with access to potable water, City sewer, and a main arterial road.
• 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 has within close proximity municipal sewer and water services at the Intersection of 442 and Old Mission Road. The subject property is within the Municipal Utility Service Area and Interlocal Service Boundary Agreement.
• 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 Commercial FLU designation is the most compatible future land use designation for the area.
• Policy 1.6.4 - Land Uses with High Traffic Counts
Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems.
Staff Response: The subject property is located along an arterial roadway, State Road 442 known as Indian River Boulevard. The intensity of the Commercial Future Land Use with a floor to area ratio of .5 has the potential to contribute significant trips. The requested small scale comprehensive plan amendment meets the intent of Policy 1.6.4.
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. There is adequate capacity. The subject property shall be serviced by the City of Edgewater for municipal waste. There is adequate capacity.
Impact Analysis:
In accordance with standard practice from the State Land Planning Agency (Florida Commerce) and other review agencies, an impact comparison analysis of the proposed amendment has been completed based upon the theoretical maximum development potential under the currently adopted future land use designations versus the proposed designation.
Table 2. Current and Proposed Future Land Uses - Density/Intensity by Category
|
|
Current FLU Theoretical Max Commercial SQ. FT. |
Proposed FLU Theoretical Max Commercial SQ. FT. |
Net Change in Non- Residential SQ. FT. |
|
Commercial (FAR* 0.5) |
0 Sq. ft. |
841,856 sq.ft. |
+841,856 sq.ft. |
* FAR (Floor Area Ratio) is the total covered area on all floors of all buildings on a certain lot divided by the total area of the property.
Impact analysis using the theoretical maximum for the existing and proposed change is shown above. A TIS will be required at the site plan review process. Below is a description of the available potable water, sanitary sewer, and solid waste with regards to the existing accounts, adopted level of service, and remaining capacity.
Potable Water:
Permitted Plant Capacity: 5,000,000 gpd Max Day
12-month Annual Average Daily Flow: 2,073,667 gpd AADF
Existing Accounts: 11,975 of which 975 serve unincorporated properties
Average Flow per Existing Account: 173 gpd
Adopted LOS per Policy 1.1.1: 204 gpd/ERU
Outstanding Committed Capacity: 1,070 ERU (218,280 gpd AADF)
Remaining Capacity Available: 13,275 ERU (2,708,053 gpd AADF)
Sanitary Sewer:
Permitted Plant Capacity: 2,750,000 gpd AADF
12-month Annual Average Daily Flow: 1,555,000 gpd AADF
Existing Accounts: 9,962 of which 47 serve unincorporated properties
Average Flow per Existing Account: 156 gpd
Adopted LOS per Policy 1.1.1: 204 gpd/ERU
Outstanding Committed Capacity: 927 ERU (189,108 gpd AADF)
Remaining Capacity Available: 4,931 ERU (1,005,892 gpd AADF)
Solid Waste:
Types of Waste Handled: Class 1, Class 3, & Yard Waste
Average Tons per Month: 1,284 TOTAL=971 Class 1 + 166 Class 3 + 147 Yard
Existing Accounts: 10,463 of which 0 serve unincorporated properties
Average Weight per Existing Account: 245 lbs/month, est. 30.6 lbs/collection day
Adopted LOS per Policy 1.2.2: 2.5 lbs per capita per day
Outstanding Committed Capacity: 1,070 ERU
Remaining Capacity Available: 1,011 ERU
Business Impact Statement:
The proposed small scale comprehensive plan amendment from Volusia County Conservation to City of Edgewater Commercial will produce more tax revenue to the County and City. It is anticipated that the rezoning to B-3 Highway Commercial will provide additional jobs to the City of Edgewater.
RECOMMENDED ACTION
Motion to approve Ordinance 2024-O-26.