File #: 2024-O-45.2    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/14/2024 In control: City Council
On agenda: 12/2/2024 Final action:
Title: 2nd Reading - Ordinance No. 2024-O-45: Request for a small-scale comprehensive plan amendment from Commercial to Low Density Residential for three parcels located on the south side of Palm Breeze Drive, east of U.S.1.
Attachments: 1. 2024-O-45, 2. Future Land Use Map

ITEM DESCRIPTION:

Title

2nd Reading - Ordinance No. 2024-O-45: Request for a small-scale comprehensive plan amendment from Commercial to Low Density Residential for three parcels located on the south side of Palm Breeze Drive, east of U.S.1.

Body

OWNER/APPLICANT:

Charles D. Martin

 

LOCATION:

Southeast corner of U.S. 1 and Palm Breeze Drive

 

AREA:                     

0.72 Acres

 

PROPOSED USE: 

Single-Family Residential                     

 

CURRENT LAND USE: 

Undeveloped

 

FLUM DESIGNATION: 

Commercial

 

PROPOSED FLUM DESIGNATION: 

Low Density Residential

 

ZONING DISTRICT:

B-3 Highway Commercial

 

VOTING DISTRICT: 

Council District 3, Councilperson Debbie Dolbow

 

STAFF RECOMMENDATION:

Approval

 

PLANNING BOARD:

August 14th, 2024

 

CITY COUNCIL:

September 9th, 2024

 

 

 

 

 

Discussion:

 

The applicant is requesting a small-scale comprehensive plan amendment change from Commercial to Low Density Residential for subject properties (Parcel ID’s: 840200000262, 840200000261, 840200000254) located on approximately 0.72 acres of undeveloped land south of Palm Breeze Drive on the east side of U.S.1. The applicant has concurrently submitted an application for a zoning map amendment to change the zoning district from B-3 Highway Commercial to R-3 Residential. 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 surrounding properties to the east have a future land use designation of Low Density Residential, while the properties to the north, south, and west have a Commercial designation. The proposed land use change to Low Density Residential is compatible with the surrounding neighborhood. 

 

Figure 1: Location Map

 

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

Commercial

B-3 Highway Commercial

East

Single Family Homes

Low Density Residential

R-3 Residential

South

Undeveloped

Commercial

B-3 Highway Commercial

West

Undeveloped

Commercial

B-3 Highway Commercial

 

Table 2: Current and Proposed Future Land Uses - Density/Intensity

 

 

Current FLU

Proposed FLU

Net Change in FLU

Commercial

Low Density Residential

 

Theoretical Maximum Density (units)/Intensity (sq. ft.)

0.5 FAR

4 DU/Acre

+3 Dwelling Units

 

 

 

 

 

 

 

Land Use Compatibility:

 

The subject property is located in an area that has FLU designations of Commercial and Low Density Residential. Considering this, along with Table 1 of the surrounding FLU designations, the proposed land use is consistent with the existing and future land use of the surrounding neighborhood.

 

Comprehensive Plan Compatibility:

 

The Low Density Residential Future Land Use Designation is compatible with the Comprehensive Plan and the surrounding area of B-3 Highway Commercial zoning and adjacent R-3 Residential zoning. Specifically, the small-scale comprehensive plan complies with the following:

 

                     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 Low Density Residential FLU designation is compatible and consistent with the adjacent neighborhood. 

 

                     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 undeveloped.

 

                     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 Low Density Residential and found it will not adversely affect the LOS standards in the Comprehensive Plan. As a result of the FLU change from Commercial to Low Density Residential, there will be a net decrease in traffic trips, potable water and sewer usage, and solid waste. Furthermore, it is directly adjacent with access to potable water, City sewer, and a main arterial road.  

 

                     Policy 1.2.1 - Prohibiting the Expansion of Non-Compatible Uses. The City shall implement regulations prohibiting the expansion of non-compatible uses

within residential neighborhoods.

 

Staff Response: Changing the FLU from Commercial to Low Density Residential will ensure consistency with the character of adjacent neighborhood.

 

 

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. 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.

 

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 3. Impact Analysis (Theoretical Max.)

 

Development Variable

Current FLU Theoretical Max 

Proposed FLU Theoretical Max

Net Change in Residential Units and Non- Residential SQ. FT.

Commercial (FAR* 0.5)

0 Sq. ft.

841,856 sq.ft.

+841,856 sq.ft.

Residential Units

0

3

+3

Population1

N/A

7.32

+7.32

Traffic Trips (PM Peak Hour)2

106.6

2.8

-103.8

Potable Water (gallons/day)3

959

612

-347

Wastewater (gallons/day)4

959

612

-347

Solid Waste 5

11.75

7.5

-4.5

*Maximum allowed by site-specific PUD: 4 DU/Acre, 115 Acres.

 

1.                     Population based on 2.44 persons per household (per 2020 census)

2.                     ITE Trip Generation Manual, 11th Edition: Single Family Residential (210) 0.94 PM Peak House/Dwelling Unit. Current FLU estimated for Retail Shopping Center >150ksf, 3.4 PM Peak Hour trips per 1,000sf.

3.                     Potable per day based on 204 gpd for Equivalent Residential Unit. Current FLU calculated by 0.5 ERU per 1,000 sf gross area. Using 30% (maximum building coverage in B-3 zoning)

4.                     Wastewater per day based on 204 gpd for Equivalent Residential Unit.

Current FLU calculated by 0.5 ERU per 1,000 sf gross area. Using 30% (maximum building coverage in B-3 zoning)

5.                     Solid Waste per day based on 2.5 pounds per capita per day.

 

 

Transportation:

 

The subject properties have vehicular access abutting Palm Breeze Drive, which is a local road that connects to U.S 1 which is an arterial road. The aforementioned roads are currently operating at acceptable levels of service. The FLU change from Commercial to Low Density Residential will significantly decrease the number of trips, as shown above in Table 3.

 

 

Sanitary Sewer:

 

The City’s adopted LOS standard for sanitary sewer is 204 gallons per equivalent residential unit. Using this standard, the proposed land use would theoretically generate a demand of 612 gallons per day. This results in a net change of -347 gallons per day. It should be noted that the City’s sewer treatment facility is currently operating at an acceptable level of service.

 

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)

 

 

Potable Water:

 

The City’s adopted LOS standard for potable is 204 gallons per equivalent residential unit. Using this standard, the proposed land use would theoretically generate a demand of 612 gallons per day. This results in a net change of -347 gallons per day. It should be noted that the City’s potable water is currently operating at an acceptable level of service under the consumptive use permit (CUP).

 

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)

 

Solid Waste Collection:

 

The proposed land use allows for 3 residential units, with a theoretical population of 7.32. This would generate 7.5 pounds of solid waste per day. Solid waste generated within the City is directly hauled to the Volusia County Landfill. The 3,000-acre landfill is a Class I facility with a projected life span to the year 2050.

 

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

 

 

Public Schools:

 

Based on the Volusia County School District’s student generation (SGR) rate for a single-family dwelling unit (0.258 Students per unit), the proposed land use could generate at least 1 full time student. This is a net increase of 1 from the current land use. The applicant has submitted a Volusia County Schools Concurrency Application.

 

Business Impact Statement:

 

The proposed amendment to the future land use map from commercial to low density residential will result in an increase in ad valorem tax revenue. The subject properties can support three single family homes, while in its current state, the subject property would only be able to accommodate a maximum of 2,500 square foot commercial business. Three homes would generate more ad valorem tax revenue than the hypothetical maximum of a 2,500 square foot commercial business.

 

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 14th, 2024 Planning and Zoning Meeting, the Planning and Zoning Board sent a favorable recommendation to City Council with six members in favor, zero in opposition, and one absent.

 

Recommendation:

 

Motion to approve Ordinance 2024-O-45.