ITEM DESCRIPTION:
Title
1st Reading - Ordinance 2024-O-28: Request for a large-scale comprehensive plan amendment for 13.56± acres to amend the future land use from Commercial to Urban Connectivity for the properties generally located East of US 1 and perpendicular to Bianca Road.
Body
REQUEST:
Amendment to the Future Land Use Map for 13.56 Acres from FLU designation Commercial to FLU designation Urban Connectivity.
APPLICANT:
Robert A. Merrell III, Esquire-Cobb Cole
PROPERTY OWNERS:
TRB Edgewater, LLC
LOCATION:
East of U.S.1, north of Roberts Road
AREA:
13.56 Acres
PROPOSED USE:
Residential Multi-family Apartments
CURRENT LAND USE:
Undeveloped
CURRENT FLU:
Commercial
PROPOSED FLU:
Urban Connectivity
CURRENT ZONING:
B-3 Highway Commercial
VOTING DISTRICT:
Council District 4, Councilperson Jonah Powers
ISBA:
Located Within ISBA Boundary
CITY COUNCIL:
1st Reading, July 1, 2024
OVERVIEW:
The subject property is located north of Roberts Road, east of U.S.1. The property is currently an undeveloped track of land that has a zoning designation of B-3 Highway Commercial and a future land use designation of Commercial. The applicant is requesting a future land use map change from Commercial designation to Urban Connectivity. The Urban Connectivity future land use category will allow a density of up to 24 dwelling units per acre.
This application is submitted concurrently with a rezoning application request from B-3 Highway Commercial to a Residential Planned Unit Development (RPUD). The proposed land use is a build-to-rent residential community. 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 Current FLU Designations, Zoning Designations
|
|
Current Land Use |
FLU Designation |
Zoning |
Density |
|
North |
Mobile Home Park |
Medium Density Residential |
MH-2 Mobile Homes |
8 DU/Acre |
|
East |
Mobile Home Park |
Medium Density Residential |
MH-2 Mobile Homes |
8 DU/Acre |
|
South |
Cemetery |
Public |
Public/Semi-Public |
N/A |
|
West |
Commercial Businesses |
Commercial |
B-3 Highway Commercial |
N/A |
Land Use Compatibility:
The proposed use of a build-to-rent residential development is compatible with the surrounding area and a permitted use within the RPUD Agreement. The properties to the north and east have a future land use of medium density residential. There is a grocery store adjacent to the property, and a school located less than 3,000 feet away. The proposed project of a build-to-rent residential community would increase the amount of housing available for residents while ensuring access to necessary goods and services.
Comprehensive Plan Compatibility:
The Commercial Future Land Use Designation is compatible with the Comprehensive Plan. Specifically, the small-scale comprehensive plan complies with the following:
Chapter 1 Future Land Use Element
• Policy 1.1.2 - Density/Intensity
The City shall adopt maximum densities and intensities for each land use category which encourage economic development while protecting the natural environment as indicated in the above table.
Staff Response: The proposed addition of the Urban Connectivity future land use will enable the development of multi-family housing in areas of the City that are in close proximity to existing goods and services. The close proximity will help encourage sustained commerce thus promoting economic development with the City of Edgewater. The Urban Connectivity future land use provides consideration of the natural environment by requiring a minimum of two property boundaries to use existing forested areas as landscape buffers.
• Policy 1.1.5 - Housing
The Future Land Use Map shall contain an adequate diversity of lands for residential uses to meet the future demand for residential densities identified in the Housing Element.
Staff Response: The current highest density future land use designation of High Density has not provided multi-family development within the City of Edgewater. Through the Urban Connectivity future land use designation, multi-family developments will be economically feasible providing a type of housing that is currently non-existent within the City of Edgewater.
• Policy 1.1.10 - Residential Density and the Future Land Use Map
The City shall ensure that residential density on the Future Land Map is based on the following considerations: (1) Past and anticipated future population and housing trends and characteristics; (2) provision and maintenance of quality residential neighborhoods and preservation of cohesive neighborhoods; (3) protection of environmentally sensitive lands; (4) transition of density between low, medium, and high-density residential districts.
Staff Response: The Urban Connectivity future land use designation provides for a significant increase in residential density compared to the current density provided in the High Density future land use designation. The City of Edgewater has experienced tremendous residential growth. The City of Edgewater currently has a population of about 25,500 persons. The City of Edgewater currently has 11,681 residential units entitled. This equates to a population increase of 26,866 persons. Approximately 1,200 units of the 11,681 units are entitled for multi-family development. The City of Edgewater has less than fifty constructed multi-family units. With the projected increase in future population, the City of Edgewater is not providing a diversity of housing products. The Urban Connectivity future land use designation will allow for the development of multi-family housing units in areas of the City that are in close proximity to goods and services. The Urban Connectivity future land use will require multi-family developments to be located along arterial and collector roadways which are predominantly commercial in the City of Edgewater. The preservation and cohesiveness of single-family residential neighborhoods and subdivisions will be less impacted because of the roadway classification requirement. The Urban Connectivity future land use requires the preservation of natural resources through the provision of undisturbed natural landscape buffers on a minimum of two of the property boundaries.
• 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 Urban Connectivity future land use designation has been designed to encourage best practices in urban planning and encourages infill development in areas of the City that have municipal services.
• 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 increasing density near goods and services creates access to goods and services while reducing vehicle dependency and reducing traffic.
• Policy 1.5.5 - High Density Residential Areas
High density residential development shall be designated for areas adjacent to more intensive land uses such as Commercial and Light Industrial. Where feasible, visual buffering shall be utilized to reduce any negative effects on the residents of such development.
Staff Response: The Urban Connectivity future land use requires the development be located adjacent to collector or arterial roadways. Within the City of Edgewater, arterial roadways consist of US Highway 1/ Ridgewood Avenue and SR442/Indian River Boulevard. The City of Edgewater’s future land use map has designated arterial roadways with the Commercial future land use.
• Policy 1.5.7 - Maintaining Site Design Requirements and Subdivision Regulations.
The City shall maintain site design requirements and subdivision regulations in the Land Development Code, which adequately address the impacts of new development on adjacent properties in all land use categories and zoning districts.
Staff Response: The Urban Connectivity future land use designation requires natural undisturbed landscape buffers adjacent to residential properties and requires the development to locate a minimum of one stormwater retention or detention pond adjacent to the natural undisturbed landscape buffer to provided additional setbacks from residential development.
• 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 Urban Connectivity future land use is required to be adjacent to arterial or collector roadways.
Objective 1.7 - Adjacent Jurisdictions
Promote the compatibility of adjacent land uses with Volusia County and the neighboring cities of New Smyrna Beach and Oak Hill.
• Policy 1.7.1 - Considering Adjacent Existing and Proposed Land Uses
When reviewing land use amendments, the City Shall consider the existing and proposed land uses in any jurisdictions that are adjacent to the proposed amendment.
Staff Response:
|
Municipality |
Highest Residential FLU |
Density |
|
Edgewater |
Urban Connectivity |
24 DU/acre |
|
Oak Hill |
Medium Density Residential |
10 DU/acre |
|
New Smyrna Beach |
High Density Residential |
18 DU/acre |
• Policy 1.14.1 - Encouraging Innovative Land Use Development Techniques
The City shall continue to encourage the use of innovative land use development techniques such as planned development projects, cluster housing techniques and mixed use developments.
Staff Response: A Residential Planned Unit Development is required to accompany a comprehensive plan amendment to the Urban Connectivity future land use.
• Policy 1.14.2: Identifying and Prioritizing Infill Development Sites. Utilize existing inventories of land use information to identify and prioritize infill development sites; then coordinate with the Volusia County Office of Economic Development to make this information available to the private sector.
Staff Response: Centralizing high density housing near goods and services such as grocery stores and schools will ensure the highest and best land use for infill projects.
• Policy 1.14.6 - Incentives for Developers and Variety Housing Types
The City shall continue to provide incentives for developers providing for a variety of housing types in the Land Development Code.
Staff Response: The current future land use density of 12 units per acre under High Density Residential future land use designation has not provided enough incentives for the development community to build multi-family housing in the City of Edgewater. The Urban Connectivity future land use will enable the economic viability of multi-family developments by allowing a density of 24 units per acre.
• Policy 1.17.1 - Energy Efficient Land Use Pattern
The City shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile.
Staff Response: The Urban Connectivity future land use is required to be located within 3,000 feet of a grocery store, and within 3,000 feet of either a school, park, or trail. The Urban Connectivity future land use is also required to be adjacent to an arterial or collector roadway. The Urban Connectivity future land use designation will enable high density development in close proximity to goods and services which will reduce vehicle miles traveled and the dependence on the automobile.
• Policy 1.18.3 - Incorporating Natural Site Elements in the Design Process.
As a Low Impact Development technique, the City shall ensure that all development and redevelopment projects, when feasible, incorporate natural site elements such as wetlands, river or stream corridors, drainage ways or mature forests as a design element to furth protect the City’s natural resources.
Staff Response: The Urban Connectivity future land use designation shall preserve mature forests through the requirement of natural undisturbed landscape buffers along two property perimeters.
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. A Trip Generation Statement and a full TIA will be required at the time of a Site Plan submittal. 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 2. Impact Analysis (Theoretical Max.)
|
|
Current FLU Theoretical Max |
Proposed FLU Theoretical Max Dwelling Units |
Net Change in Residential Units and Non- Residential SQ. FT. |
|
Commercial (FAR* 0.5) |
295,337 sq. ft. |
0 |
-295,337 sq.ft. |
|
Residential Units |
0 |
294* |
+294 |
|
Population1 |
0 |
680 |
+680 |
|
Potable Water GPD2 |
30,124.4 GPD4 |
59,976 GPD |
+29,851.6 |
|
Wastewater4 |
30,124.4 GPD |
59,976 GPD |
+29,851.6 |
*Maximum allowed by site-specific PUD: 22 DU/Acre
1. Population based on 2.31 persons per household per the 2017-2021 Census American Community Survey.
2. Potable per day based on 204 gpd for Equivalent Residential Unit.
3. Wastewater per day based on 204 gpd for Equivalent Residential Unit.
4. Current FLU Potable and Wastewater calculations based off ERU factor of 0.5 per 1,000 sq.ft. gross for Commercial Shopping Center & retail shopping.
Solid Waste Data and Analysis:
Impact analysis using the theoretical maximum for the existing and proposed change is shown above. A full TIA 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 Availability:
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 Availability:
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 Availability:
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
Traffic Analysis:
A Traffic Demand Analysis was provided by Newkirk Engineering, Inc. The analysis projected ITE code 820- Shopping Centers for the current Future Land Use, and ITE 220-Apartments for the proposed land use. The demand analysis showed a decrease in PM Peak Hour trips by 757, a decrease of 67 in AM Peak Hour Trips, and a decrease of 7,950 Daily Trips between the current Future Land Use and the Proposed Future Land Use. A full Traffic Impact Analysis will be required at the Site Plan Submittal.
Business Impact Statement:
SB 170 requires a municipality to produce a “business impact estimate” prior to passing of an ordinance. The impact statement must include the direct economic impact of the proposed ordinance. To calculate the impact upon the City of Edgewater’s municipal tax revenue, City staff utilized the Beacon Apartments in New Smyrna Beach based upon the taxable value and the number of units. Staff then applied said formula to the City of Edgewater’s millage rate. The yearly tax revenue if approved would be $362,560. The tables below provide how the City of Edgewater ascertained the estimated tax revenue:
|
Beacon Apartment 2024 Taxable Value |
Beacon Apartment Unit Count |
Taxable Value per Unit |
|
$49,288,835 |
253 |
$194,818 |
|
Proposed Multi-family Units |
Taxable Value per Unit |
Potential Assessed Value |
Edgewater Millage Rate |
Potential Yearly Tax Revenue |
|
294 |
$194,818 |
$57,276,492 |
6.33 |
$362,560 |
City staff believe the addition of 294 multi-family apartment units will help contribute to the economic viability of the adjacent shopping center and other local businesses within the City of Edgewater. SB 170 does not require a municipality to hire an accountant or economic analyst to perform the “business impact estimate”.
STAFF RECOMMENDATION
Motion to approve Ordinance 2024-O-28.