ITEM DESCRIPTION:
Title
2nd Reading - Ordinance No. 2024-O-08: Request for a large-scale comprehensive plan amendment for 115± acres East of Volco Road from Volusia County Rural and Environmental Services Corridor to City of Edgewater Low Density Residential with Conservation Overlay.
Body
OWNERS:
Beverly Anne Millar, Joan Sheppard, Washington Park Holdings LLC
APPLICANT:
Joey Posey, Storch Law Firm
REQUESTED ACTION:
A large scale comprehensive plan amendment for 115 + acres from Volusia County Rural and Environmental Services Corridor to City of Edgewater Low Density Residential with Conservation Overlay.
PROPOSED USE:
Residential Subdivision
CURRENT LAND USE:
Vacant
CURRENT FLUM DESIGNATION:
Volusia County Rural (R) and Environmental Services Corridor (ESC)
PROPOSED FLUM DESIGNATION:
Low Density Residential (LDR)
TENATIVE VOTING DISTRICT:
District 4, Councilman Jonah Powers
ISBA:
Not located within Interlocal Service Boundary Agreement.
SURROUNDING AREA:
|
|
Current Land Use |
FLUM Designation |
Zoning District |
|
North |
Vacant |
Low Density Residential |
RPUD |
|
East |
Vacant |
Volusia County Urban Low Intensity |
Volusia County A-3 |
|
South |
Single-Family |
Volusia County Rural |
Volusia County A-3 |
|
West |
Single-Family |
Volusia County Rural & Environmental Systems Corridor |
Volusia County A-2 and RC |
STAFF REPORT:
To the North of the proposed set of parcels is Edgewater Preserve which has a future land use designation of Low Density Residential. The request is to assign the set of parcels with a compatible future land use designation of Low Density Residential with a Conservation Overlay. City staff believe the request for Low Density Residential with the Conservation Overlay is appropriate and logical land use designation. Specifically, staff believe the request for the large scale comprehensive plan amendment is supported by the following comprehensive plan policies:
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.
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.
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 swamp, mixed hardwood swamp, hydric hardwood hammock and sand 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.
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.
Policy 1.2.1: Septic Tanks and the Central Sewer Service.
Since the year 2000, the City will only permit the use of septic tanks on a very limited basis within the City to prevent potential soil and groundwater contamination. When financially feasible, the City shall extend central sanitary sewer service to all developed properties within the current City limits. The City will also coordinate with the County to limit septic tank permits.
Policy 1.2.6: Environmental Impact Study and Floodplains.
The City shall use the Conservation Overlay on the Future Land Use Map and required Environmental Impact Studies to protect the natural functions of the floodplains in the City and adjacent jurisdictions.
Policy 1.2.7: Performance Standards and Environmental Impact Study.
Additional performance standards will be required for development sites that are determined through the Environmental Impact Study to have floodplains, such as vegetative buffers, additional setbacks and clustered development away from the floodplain’s areas.
Policy 1.4.2: Development Outside of the Utility Service Area.
Intensive development proposed for areas outside the established utility service area shall be discouraged unless it can be demonstrated that such development will be adequately served by alternative service delivery systems.
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.
Policy 1.6.2: Requiring Shared Driveways and Cross Access.
Shared driveways and cross access between adjacent properties shall be required in all new development or redevelopment projects, as determined by the City’s Development Services Department, to improve the traffic flow along major roads.
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.
Policy 1.8.3: Annexation of New Development.
New development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities.
Policy 1.10.1: Proposed Development and Public Utilities.
Proposed development shall be reviewed in relation to existing and projected utility systems and any land needs of these systems; such as, water and sewer plants; transmission corridors for electric and other utilities; easements for maintenance and other requirements.
Policy 1.18.1: Defining Low Impact Development.
Low Impact Development is an ecologically friendly approach to site development and storm water management that aims to mitigate development impacts to land, water
and air. The approach emphasizes the integration of site design and planning techniques that conserve the natural systems and hydrologic functions of a site.
ADEQUATE PUBLIC FACILITIES:
Water and sewer will be extended east from Diamondleaf Drive from Edgewater Preserve Phase 1 and 2 into Edgewater Preserve Phase 3, 4, and 5 on the East side of Volco Road. This proposed development will have access to municipal sewer and water services through Edgewater Preserve.
URBAN SPRAWL ANALYSIS:
According to Chapter 163 of Florida Statutes, an urban sprawl analysis should be done to demonstrate that the future land use amendment will discourage the proliferation of urban sprawl. There are thirteen indicators of urban sprawl. Staff have responded to each in support of the recommendation:
1. Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses.
a. Response: The proposed future land use amendment to low density residential with the conservation overlay allows for 4 dwelling units per acre. The current land use of Environmental System Corridor allows for a maximum of one dwelling unit per 25 acres and the Rural future land use designation allows for one dwelling unit per 5 acres. In comparison, the requested large-scale future land use amendment is a substantial increase in residential density.
2. Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development.
a. Response: The proposed development is located adjacent to Edgewater Preserve which is located within the City of Edgewater. Edgewater Preserve has a future land use designation of Low Density Residential which is being requested by the applicant with the exception that the request is also to attach the conservation overlay designation.
3. Promotes, allows, or designates urban development in radial, strip, isolated, or ribbon patterns generally emanating from existing urban developments.
a. Response: The proposed large-scale future land use amendment is compact and is contiguous to city limits as well as a new residential subdivision, Edgewater Preserve with a comparable future land use designation.
4. Fails to adequately protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems.
a. Response: The applicants has requested a large-scale future land use amendment to Low Density Residential with the Conservation Overlay designation. As noted in Policy 1.1.8, the Conservation Overlay requires the applicant to provide an environmental impact study to assess potential environmental conditions. In addition, the Conservation Overlay requires the development to design utilizing low impact techniques to help preserve natural ecological systems and topography. The development plan found within the Planned Unit Development agreement demonstrates the preservation of significant wetlands.
5. Fails to adequately protect adjacent agricultural areas and activities, including silviculture, active agricultural and silvicultural activities, passive agricultural activities, and dormant, unique, and prime farmlands and soils.
a. Response: The proposed future land use amendment does not prevent agricultural activities on adjacent sites. The Conservation Overlay attached the requested future land use designation of Low Density Residential will help ensure natural ecological functions are not disrupted thus preserving hydrologic functions that adjacent agricultural operations may rely upon.
6. Fails to maximize use of existing public facilities and services.
a. Response: Water and sewer are available on Volco Road at the intersection of Volco and Diamondleaf Drive. The proposed development can access water and sewer in close proximity.
7. Fails to maximize use of future public facilities and services.
a. Response: The development abuts Edgewater Preserve. Edgewater Preserve is currently undergoing a preliminary plat on Phase 2. Phase 3, 4, and 5 are adjacent to the parcels being considered for the large-scale comprehensive plan amendment. The development can easily connect to existing utilities upon the preliminary plat of Edgewater Preserve Phase 3.
8. Allows for land use patterns or timing which disproportionately increase the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government.
a. Response: The proposed large-scale comprehensive plan amendment is adjacent to Edgewater Preserve Phase 3, 4, and 5. The development’s entrance along Volco Road is approximately 2,000 feet from the entrance of Edgewater Preserve Phase 1, and 2, and subsequently 3, 4, and 5. The City of Edgewater is already serving Edgewater Preserve Phase 1 for all municipal services. The applicant has filed an adequate school capacity form with Volusia County Schools and there is adequate capacity.
9. Fails to provide a clear separation between rural and urban uses.
a. Response: The proposed comprehensive large-scale comprehensive plan amendment is required to provide 25 foot setbacks from wetlands. The Conservation Overlay will require the proposed development to preserve significant portions of wetlands and other sensitive habit. As such there will be significant separation between residential development and rural areas.
10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities.
a. Response: The proposed large-scale comprehensive plan amendment does not discourage or inhibit infill development. The proposed development consists of single-family homes and townhomes within the confines of four dwelling units per acre. The land within the City of Edgewater’s ISBA, but outside City limits is mostly developed with mobile home and single family residences. The proposed large-scale comprehensive plan amendment will allow for additional housing in different forms than are currently available based upon the City’s current residential housing inventory.
11. Fails to encourage a functional mix of uses.
a. Response: The proposed development is not a mixed use project. It does incorporate an array of single-family home options on varying lot sizes and housing typology. In addition, the proposed development will preserve significant areas of open space for active and passive recreation along with the preservation of sensitive environmental lands.
12. Results in poor accessibility among linked or related land uses.
a. Response: The proposed future land use amendment is accompanied by a rezoning for a Residential Planned Unit Development. The Planned Unit Development envisions two connectivity points to Edgewater Preserve Phase 3, 4, and 5 as well as connecting to Volco Road.
13. Results in the loss of significant amounts of functional open space.
a. Response: The large-scale comprehensive plan amendment to Low Density Residential with a Conservation Overlay will not lead to the loss of significant amounts of functional open space. The Residential Planned Unit Development conceptual plan envisions preserving 41.3 percent of the site for wetland conservation. Water retention pond and other active recreation areas encompass an additional 38 percent of the site.
In addition, a future land use amendment shall be determined to discourage the proliferation of urban sprawl if it incorporates a development pattern or urban form that achieves four or more of the following:
1. Directs or locates economic growth and associated land development to geographic areas of the community in a manner that does not have an adverse impact on and protects natural resources and ecosystems.
a. Response: The proposed future land use amendment to Low Density Residential with the Conservation overlay in conjunction with the Planned Unit Development will not have an adverse impact on natural resources or ecosystems. As noted above, the proposed development is maintaining significant portions of the site for open space and is clustering development in a manner that utilizes available uplands in a conservation design. This technique adheres to the City of Edgewater’s future land use policies.
2. Promotes the efficient and cost-effective provision or extension of public infrastructure and services.
a. Response: As noted above, the subject site is approximately 2,000 feet from the entrance of Edgewater Preserve. Water and sewer will be extended to the site through the development of Edgewater Preserve Phase 3 and 4.
3. Promotes walkable and connected communities and provides for compact development and a mix of uses at densities and intensities that will support a range of housing choices and a multimodal transportation system, including pedestrian, bicycle, and transit, if available.
a. Response: The proposed development is providing two connectivity points to Edgewater Preserve. The subject site has access to a collector roadway, Volco Road. The proposed development through the Residential Planned Unit Development agreement will provide both single-family and townhome home units.
4. Promotes conservation of water and energy.
a. Response: The proposed development will have access to reclaim water through Edgewater Preserve Phase 3 and 4 which will allow for the conservation of both energy and water.
5. Preserves agricultural areas and activities, including silviculture, and dormant, unique, and prime farmlands and soils.
a. Response: The subject properties are not currently utilized for agricultural uses and remain in a vacant state.
6. Preserves open space and natural lands and provides for public open space and recreation needs.
a. Response: The large-scale comprehensive plan amendment allows for the preservation of significant open space and the preservation of wetlands. The Low Density Residential future land use designation with the Conservation Overlay will ensure the development achieves the preservation of sensitive environmental lands.
7. Creates a balance of land uses based upon demands of the residential population for the nonresidential needs of an area.
a. Response: There is significant demand within the City of Edgewater for housing. The proposed future land use amendment and concurrent rezoning will allow for a variety of fee simple ownership options. The addition of two and three bedroom townhome options will help meet the demand for home ownership due to the reduction in cost of smaller units accommodating more socioeconomic classes.
8. Provides uses, densities, and intensities of use and urban form that would remediate an existing or planned development pattern in the vicinity that constitutes sprawl or if it provides for an innovative development pattern such as transit-oriented developments or new towns as defined in s. 163.3164 <http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0163/Sections/0163.3164.html>.
a. Response: The requested large-scale future land use amendment provides an appropriate and compatible density for the existing land use pattern. The development demonstrates it does not constitute sprawl by exhibiting interconnectivity between adjacent lands, variety in fee simple housing options, and proximity to existing municipal services.
VGMC and State Transmittal:
On February 8th, Development Services Staff sent the large-scale comprehensive plan amendment to Volusia County Growth Management and the following State of Florida Agencies: East Central Florida Regional Planning Council, Department of Education, Department of State, Department of Environmental Protection, Department of Transportation, and Saint John River Water Management District.
Staff received no comments from the State of Florida agencies.
Staff did receive a request from additional information from Volusia County Growth Management on April 2nd, 2024.
Staff supplied the following information:
On May 2nd, 2024, Volusia County Growth Management Commission deemed the application certified and consistent, without the need for a public hearing.
RECOMMENDED ACTION
Motion to approve Ordinance 2024-O-08.