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File #: 2024-O-21    Version: Name:
Type: Ordinance Status: Passed
File created: 4/30/2024 In control: City Council
On agenda: 7/1/2024 Final action: 6/3/2024
Title: 2nd Reading- Ordinance No. 2024-O-21: Request for a small-scale comprehensive plan amendment from Volusia County Urban Low Intensity (ULI) to City of Edgewater Medium Density Residential for the property located at 35th Street and Indian Palm Drive.
Attachments: 1. Future Land Use Map, 2. 2024-O-21

ITEM DESCRIPTION:

Title

2nd Reading- Ordinance No. 2024-O-21: Request for a small-scale comprehensive plan amendment from Volusia County Urban Low Intensity (ULI) to City of Edgewater Medium Density Residential for the property located at 35th Street and Indian Palm Drive.

Body

OWNER:

Leon Alcantara

 

LOCATION:

North of Volco Road, East of India Palm

 

AREA:                     

4.05 + acres

 

ISBA:

Located within ISBA.

 

REQUESTED ACTION: 

Annex a parcel into the City of Edgewater, FL for Residential Development

 

CURRENT LAND USE: 

Undeveloped

 

PROPOSED LAND USE:

Duplexes

 

EXISTING ZONING

Volusia County R-3

 

PROPOSED ZONING:

Residential Planned Unit Development (RPUD)

 

EXISTING FLUM DESIGNATION: 

Urban Low Intensity

 

PROPOSED FLUM DESIGNATION:

Medium Density Residential

 

VOTING DISTRICT: 

Tentatively Council District 4, Jonah Powers

 

 

 

Current Land Use

FLUM Designation

Zoning District

North

Multifamily Residences

City of Edgewater Medium Density Residential

City of Edgewater R-4 Multifamily Residential

East

Single-Family Residence

Volusia County Urban Low Intensity

Volusia County R-3

South

Undeveloped

Volusia County Rural

Volusia County A-2

West

Single Family and Multifamily Residences

City of Edgewater Medium Density Residential

City of Edgewater R-4 Multifamily Residential

 

Land Use Compatibility:

The subject property is located in an area that has both unincorporated Volusia County parcels to the east and City of Edgewater parcels to the west. Volusia County has designated this area north of Volco Road and East of India Palm Drive as R-3 with future land use designations of Urban Low Intensity. The applicant had a PUD agreement for multifamily residences.

                     Low Impact Urban FLU in Volusia County allows for a maximum gross residential density of 1 dwelling unit per acre.

                     The City of Edgewater’s future land use designations do not provide a range, instead they provide a maximum density. The FLU-Medium Density Residential has a maximum density of 8 dwelling units per acre. The PUD agreement allows for 18 units on the site.

                     Prior staff have assigned the Medium Density Residential future land use categories for the following areas that have annexed into the City of Edgewater:

o                     3428 India Palm Drive

o                     3424 Indian Palm Drive

o                     3405 India Palm Drive

o                     3412 India Palm Drive

 

Adequate Public Facilities:

An adequate school capacity determination letter has been requested of the applicant. Based upon the most recent school capacity report, the requested small-scale comprehensive plan amendment will not cause a deficiency. 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.

 

Comprehensive Plan Consistency:

City staff have found the requested small-scale comprehensive plan amendment to be consistent with the City of Edgewater’s Comprehensive Plan. Specifically, the small-scale comprehensive plan complies with the following:

 

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; and

4. Transition of density between low, medium and high residential districts.

 

Staff Response: There is a need for housing within the City of Edgewater. This property is outside of the conservation layer, and will be consistent with adjacent housing as most of Indian Palm Drive is zoned R-4 Multifamily.

 

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 Medium Density Residential land use is the most compatible future land use designation for this property considering the zoning of R-4 for a majority of India Palm Drive.  

 

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 Utility Service Area. The subject property has the ability to connect to City utilities. The subject property is currently undeveloped.

 

Policy 1.8.2 - Reducing Land Use Conflicts

In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible.

 

Staff Response: The area is located within the City of Edgewater’s ISBA. Despite being located within the ISBA and the residents receiving City municipal services, some properties in this area and to the east are still located within unincorporated Volusia County. The applicant’s request to annex and subsequently be assigned a future land use and zoning designation meets the intent of Policy 1.8.2.

 

The Planning and Zoning Board sent a favorable recommendation to City Council on May 8th, 2024 with six members in support, zero in opposition, and one absent.

 

RECOMMENDED ACTION

 

Staff recommends approval of Ordinance No. 2024-O-21.