January 9, 2018 Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 25 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNERS: STAFF: January 9, 2018 Planning and Land Development Regulation Commission (PLDRC) Large Scale Future Land Use Map Amendment from the Forestry Resource (FR) designation to the Rural (R) designation 1914 Hillman Farms Road, DeLeon Springs Andy Hillman Andrew and Denisa Hillman Michael E. Disher, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting a large-scale future land use amendment for 16.6 acres of a 17.5-acre property, from a Forestry Resource designation to a Rural designation. The property is located approximately 900 feet east of State Road (SR) 11 in DeLeon Springs. For purposes of this report, the subject property is the 16.6-acre portion of the 17.5 acres owned by the applicant. The remaining 0.9 acres is already designated Rural and is not being amended. A companion rezoning application has been filed for the entire 17.5-acre property, from the Prime Agriculture (A-1) and Forestry Resource (FR) classifications to the Rural Agriculture (A-2) classification [Case Z ]. If the two applications are approved, the applicant intends to subdivide the property into two lots. Staff Recommendation: Find the future land use amendment consistent with the comprehensive plan and forward the application, case number, to county council with a recommendation of approval to transmit to the Department of Economic Opportunity for expedited state review and to the Volusia Growth Management Commission (VGMC) for certification.

2 Page 2 of 25 II. SITE INFORMATION 1. Location: South side of Hillman Farms Road, approximately 900 feet east of State Road (SR) 11 in DeLeon Springs 2. Parcel Number(s) , , , , , and Subject property size: 16.6 acres 4. County Council District: 4 5. Future Land Use: Forestry Resource 6. Zoning: Prime Agriculture (A-1) and Forestry Resource (FR) 7. ECO Map: Yes 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: Direction Future Land Use Zoning Existing Use North FR FR Vacant, wooded East FR FR Vacant, wooded South FR FR Vacant, wooded West R A Maps Vacant, single-family residential FUTURE LAND USE MAP ZONING MAP

3 Page 3 of 25 III. OVERVIEW The subject property consists of all or portions of six parcels, ranging from 1.25 acres to 5.0 acres in size. The owners acquired the parcels between 1988 and The four smaller western parcels were purchased in 2014, with the intent of combining them into one buildable lot for their daughter. None of the parcels meet the minimum lot size requirement for their respective zoning classifications, in this case 20 acres for FR and 10 acres for A-1. The future land use amendment and zoning requests are to allow the parcels to be combined so as to create two separate lots that meet minimum size requirements and are consistent with the comprehensive plan. The property is part of the West Daytona Acres unrecorded subdivision, circa This antiquated subdivision contains a multitude of 1.25-acre lots stretching two miles east from SR 11 and two miles south, all without platted rights-of-way or infrastructure. The subject property lies at the north end of the subdivision. According to the survey, access to the property is provided from SR 11 by a recorded 35-foot wide road right-of-way easement running along the north side. According to historic zoning map records, the entire property was once zoned A-1. However, with adoption of the 1990 comprehensive plan, the future land use changed to the current mixture of Forestry Resource and Rural. The county subsequently rezoned the subject 16.6 acres to FR to be consistent with the future land use designation. The owners met with staff on October 11, 2017, to discuss their intentions with the property and options to meet zoning standards. Rather than apply for variances to separate and recombine the existing nonconforming parcels into a new developable lot, the owners elected to apply for the subject future land use amendment and rezoning. If approved, the owners will apply to combine the six lots into two. The lot combination will be contingent on approval of the future land use and rezoning requests. At 16.6 acres in size, the property has the theoretical potential to be subdivided into three lots if the future land use amendment and rezoning are approved. The analysis in this report will examine the impact of the amendment on increasing the potential number of lots on the property from one to the theoretical maximum of three. III. REVIEW CRITERIA AND ANALYSIS A. Site Characteristics The subject property is occupied by a single-family dwelling, built in 1991, along with a variety of accessory structures. The remainder of the property is vacant and wooded. A wetland corridor bisects the property from north to south, and a man-made pond is situated in the southwest corner. The entire property has environmentally sensitive characteristics and is located within in the Natural Resource Management Area (NRMA) overlay. The eastern portion also lies within the Environmental Core Overlay (ECO). Both overlays carry additional development restrictions, such as increased wetland buffer widths. Where properties lie within both overlays, the more restrictive protection

4 Page 4 of 25 standards apply. The property is within flood zone X, meaning it is outside of the 100-year flood plain. The property is within the gopher tortoise overlay. Environmental review will be required at the time of permitting. B. Land Use Compatibility. The land use of the property fits within the broader land use pattern of the surrounding properties. The pattern is comprised of large-scale corridors running north to south, designated Environmental Systems Corridor to the east, Forestry Resource to the north and south, and Rural/Agricultural Resource to the west. The lands to the west designated Rural are mostly developed with single-family dwellings adjacent to SR 11. The lands to the north, east, and south are vacant and wooded. Redesignating this property to Rural is compatible with the development pattern of the area. C. Consistency with Comprehensive Plan The Forestry Resource future land use designation is defined in part as follows: Forestry Resource (FR) This designation is primarily suited for silviculture activities (the cultivation and harvesting of timber for commercial purposes), however, other limited agricultural activities may also be appropriate. Forest lands are a multiple-use resource which yields valuable agricultural products while providing wildlife habitat and recreational opportunities. In addition to being a multiple-use resource, the forests in Volusia may provide important environmental functions that may also be components of the land's value for silviculture, limited agriculture, wildlife habitat, protection of watershed lands, the prevention of soil erosion, reduction of stormwater runoff, and provision of high quality groundwater recharge. The Forestry Resource designation was developed to help provide protection to the silviculture business in Volusia County, in recognition of the need for adequate timber resources and to protect the value of the land for forest purposes and significant environmental purposes as well. The residential density after the effective date of the Comprehensive Plan shall not exceed one (1) dwelling unit per twenty (20) acres. The maximum Floor Area Ratio shall not exceed ten percent (0.10 FAR). The Rural future land use category is defined in part as follows: Rural (R) - This designation consists of areas which are a mixture of agriculture and low density residential development. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. Lands designated as rural shall be developed at a density of one (1) dwelling unit per five (5) acres.

5 Page 5 of 25 The comprehensive plan allows properties under the Rural designation to be subdivided into lots as small as one acre under certain circumstances. Those circumstances include the presence of urban infrastructure, adjacency to an urban land use, and the existence of a subdivision within 660 feet with a density less than one unit per five acres. None of these characteristics exist in the vicinity of the subject property, meaning that the property could not be subdivided with lots smaller than the five-acre minimum allowed under the proposed designation. Policies in support of the Rural future land use include: Volusia County shall protect Agricultural and Forestry Resource areas from encroachment of non-agricultural activities In agricultural areas, Volusia County shall prevent the intrusion of incompatible land uses such as urban density residential and non-agricultural oriented commercial and preclude the provision of urban services while encouraging and supporting programs which enhance the agricultural environment. Land Use Location Criteria: 1. Residential: a. New residential development shall be compatible with the existing residential development, primarily through appropriate zoning and density placement; b. Be located on parcels of land of sufficient size to support the intended level of development and to provide adequate light, air, and open space; c. Be conveniently accessible to the County's thoroughfare routes; d. Be protected from through traffic and incompatible uses; e. Contain appropriate access points for existing or proposed subdivisions to provide more efficient and practical public service as well as encourage local interactions without having to utilize the main thoroughfares; f. Be conveniently located in relation to; -- Shopping, employment, and entertainment centers; -- Community activities and services such as parks, libraries, community centers, churches, and social clubs; and, -- Basic services of police, fire, rescue, and schools. g. Be encouraged as infill in areas with adequate existing infrastructure or as an expansion into areas capable of meeting the concurrency program with regard to these types of facilities; h. Be allowed to locate in association with environmentally sensitive or unique natural sites, where it can be demonstrated that the built environment can be designed to minimize the impact on the natural qualities of the site through significant buffering, preservation, and restoration;

6 Page 6 of 25 The proposed future land use amendment is consistent with these policies, the land use location criteria, and with the Volusia County comprehensive plan. D. Urban Sprawl Criteria. The proposed amendment and companion rezoning case would permit the subject property to be subdivided into three separate lots, each with its own single-family dwelling. No additional roads, utilities or services would be required to support this amendment. This amendment does not encourage the proliferation of urban sprawl by meeting the following criteria: Does not have an adverse impact on and protects natural resources and ecosystems. Promotes the efficient and cost-effective provision or extension of public infrastructure and services. Preserves agricultural areas and activities. Preserves open space and natural lands and provides for public open space and recreational needs. E. Impacts on Concurrency Monitored Facilities. 1. Transportation: The proposed amendment would increase the number of potential lots on the property from one to three. A single-family home generates approximately 9.5 trips per day. The amendment could result in an increase of 19 additional daily trips, which is considered de minimis. An analysis from Traffic Engineering is attached for additional information. 2. Potable Water: The site is outside of any local utility service area, and will be served by individual potable water wells. There will be no impact to county facilities. 3. Sanitary Sewer: The site is outside of any local utility service area, and will be served by on-site septic systems. There will be no impact to county facilities. 4. Stormwater: The property is not located within the 100-year flood zone. Stormwater management requirements of the Land Development Code shall be addressed at the time of development. 5. Solid Waste: The adopted level-of-service (LOS) standard for solid waste capacity is a minimum of five (5) years of landfill construction life. As of November 2016, Volusia County s Tomoka Landfill site has permitted capacity of over seven years and a construction capacity projected to July This amendment will not degrade solid waste level of service standards. 6. Parks and Recreation: Volusia County s LOS criteria require 2.0 acres per 1000 population for local parks and 5.0 acres per 1000 population for district parks. Additionally, public access to conservation lands now applies towards meeting regional recreational needs. The county s emphasis is to provide regional facilities, while local level needs are typically satisfied by city parks. The county is currently

7 Page 7 of 25 meeting its LOS for both district and local parks. 7. Schools: According to school district staff, the proposed future land use amendment will create a de minimis impact on the county public school system, and is therefore exempt from school concurrency. V. STAFF RECOMMENDATION Find the future land use amendment consistent with the comprehensive plan and forward the application, case number, to county council with a recommendation of approval to transmit to the Department of Economic Opportunity for expedited state review and to the Volusia Growth Management Commission (VGMC) for certification. VI. ATTACHMENTS Ordinance No XX Survey Traffic Engineering Memo School District Staff Photographs Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the county council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a rezoning application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information presented at the county council meeting not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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12 Page 12 of 25 Site Photos 1914 Hillman Farms Road Hillman Farms Road, looking east. Subject property at right. Hillman Farms Road, looking west. Subject property at left. Western portion of subject property, looking south

13 LOCATION MAP Page 13 of 25 SR 40 W SR 40 E SR 11 US HWY 17 N SUBJECT PROPERTY I 12/14/ in = 1 miles

14 AERIAL Page 14 of 25 HILLMAN FARMS RD OLD PERKINS HWY ALAMEDA DR SR 11 E SUBJECT PROPERTY BONANZA DR CORTEZ DR IMAGE DATE: 2015 SUBJECT PROPERTY I 1 " = 400 ' Date: 12/14/2017

15 CURRENT FUTURE LAND USE Page 15 of 25 ESC AR HILLMAN FARMS RD FR OLD PERKINS HWY R SR 11 BONANZA DR R CORTEZ DR AGRICULTURE RESOURCE ENVIRONMENTAL SYSTEMS CORRIDOR FORESTRY RESOURCE 1 inch = 400 feet RURAL SUBJECT 12/14/2017 I PROPERTY

16 PROPOSED FUTURE LAND USE Page 16 of 25 FR ESC AR HILLMAN FARMS RD OLD PERKINS HWY R ALAMEDA DR BONANZA DR SR 11 R CORTEZ DR AGRICULTURE RESOURCE ENVIRONMENTAL SYSTEMS CORRIDOR SUBJECT PROPERTY FORESTRY RESOURCE RURAL 1 in = 400 ft 12/14/2017 I

17 CURRENT ZONING Page 17 of 25 RC HILLMAN FARMS RD FR OLD PERKINS HWY A-1 BONANZA DR SR 11 RR CORTEZ DR AGRICULTURAL FORESTRY RESOURCE RESIDENTIAL RESOURCE CORRIDOR SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

18 PROPOSED ZONING Page 18 of 25 FR RC HILLMAN FARMS RD A-2 A-1 OLD PERKINS HWY BONANZA DR SR 11 RR CORTEZ DR AGRICULTURAL FORESTRY RESOURCE RESIDENTIAL RESOURCE CORRIDOR SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

19 HWY EXISTING LAND USE Page 19 of 25 HILLMAN FARMS RD OLD PERKINS ALAMEDA DR SR 11 BONANZA DR CORTEZ DR VACANT RESIDENTIAL EXISTING RESIDENTIAL AGRICULTURE SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

20 ECO/NRMA OVERLAY Page 20 of 25 HILLMAN FARMS RD OLD PERKINS HWY ALAMEDA DR SR 11 BONANZA DR CORTEZ DR ECO NRMA SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

21 FLOOD ZONE Page 21 of 25 HILLMAN FARMS RD OLD PERKINS HWY BONANZA DR SR 11 CORTEZ DR 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AH VE AE SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

22 VEGETATION Page 22 of OLD PERKINS HWY HILLMAN FARMS RD ALAMEDA DR BONANZA DR 413 SR CORTEZ DR BAY SWAMP CYPRESS/PINE/CABBAGE PALM GENERALIZED AGRICULTURE GENERALIZED URBAN MIXED RANGELAND MIXED WETLAND HARDWOODS OPEN WATER PINE FLATWOOD PINE/XERIC OAK SAND PINE WET PRAIRIE 1 " = 400 ' 12/14/2017 I WETLAND CONIFEROUS FOREST SUBJECT PROPERTY

23 SOILS Page 23 of HILLMAN FARMS RD OLD PERKINS HWY 32 ALAMEDA DR SR BONANZA DR CORTEZ DR SUBJECT PROPERTY 1 " = 400 ' 12/14/2017 I

24 Page 24 of 25 SOILS LEGEND 1 APOPKA FINE SAND, 0 TO 5% SLOPES 2 APOPKA FINE SAND, 5 TO 12% SLOPES 3 ARENTS 4 ASTATULA FINE SAND, 0 TO 8% SLOPES 5 ASTATULA FINE SAND, 8 TO 17% SLOPES 6 ASTATULA-URBAN LAND COMPLEX, 0 TO 8% SLOPES 7 ASTOR FINE SAND 8 BASINGER FINE SAND, DEPRESSIONAL 9 BEACHES 10 BLUFF SANDY CLAY LOAM 11 BULOW SAND, 0 TO 5% SLOPES 12 CANAVERAL SAND, 0 TO 5% SLOPES 13 CASSIA FINE SAND 14 CHOBEE FINE SANDY LOAM 15 COCOA SAND, 0 TO 5% SLOPES 16 COCOA-URBAN LAND COMPLEX, 0 TO 5% SLOPES 17 DAYTONA SAND, 0 TO 5% SLOPES 18 DAYTONA-URBAN ALND COMPLEX, 0 TO 5% SLOPES 19 DELAND FINE SAND, 0 TO 5% SLOPES 20 EAU GALLIE FINE SAND 21 EAU GALLE FINE SAND, DEPRESSIONAL 22 ELECTRA FINE SAND, 0 TO 5% SLOPES 23 FARMTON FINE SAND 24 FLUVAQUENTES 25 GATOR MUCK 26 HOLOPAW SAND 27 HONTOON MUCKY PEAT 28 HYDRAQUENTS 29 IMMOKALEE SAND 30 IMMOKALEE SAND, DEPRESSIONAL 31 MALABAR FINE SAND 32 MYAKKA FINE SAND 33 MYAKKA FINE SAND, DEPRESSIONAL 34 MYAKKA-ST JOHNS COMPLEX 35 MYAKKA-URBAN LAND COMPLEX 36 MYAKKA VARIANT FINE SAND 37 ORSINO FINE SAND, 0 TO 5% SLOPES 38 PAISLEY FINE SAND 39 PALM BEACH SAND, 2 TO 8% SLOPES 40 PALM BEACH-URBAN LAND-PAOLA COMPLEX, - TO 8% SLOPES 41 PALM BEACH-PAOLA ASSOCIATION, 2 TO 8% SLOPES 42 PAOLA FINE SAND, 0 TO 8% SLOPES 43 PAOLA FINE SAND, 8 TO 17% SLOPES 44 PAOLA-URBAN LAND COMPLEX, 0 TO 8% SLOPES 45 PINEDA FINE SAND 46 PINELLAS FINE SAND 47 PITS 48 PLACID FINE SAND, DEPRESSIONAL 49 POMONA FINE SAND 50 POMONA FINE SAND, DEPRESSIONAL 51 POMONA-ST JOHNS COMPLEX 52 POMPANO FINE SAND 53 POMPANO-PLACID COMPLEX 54 QUARTZIPSAMMENTS,GENTLY SLOPING 55 RIVIERA FINE SAND 56 SAMSULA MUCK 57 SATELLITE SAND 58 SATELLITE-URBAN LAND COMPLEX 59 SCOGGIN SAND 60 SMYRNA FINE SAND 61 ST JOHNS FINE SAND 62 ST LUCIE FINE SAND, 0 TO 8% SLOPES 63 TAVARES FINE SAND, 0 TO 5% SLOPES 64 TEQUESTA MUCK 65 TERRA CEIA MUCK 66 TOMOKA MUCK 67 TURNBULL MUCK 68 TURNBULL VARIANT SAND 69 TUSCAWILA FINE SAND 70 TUSCAWILLA-URBAN LAND COMPLEX 71 URBAN LAND 72 VALKARIA FINE SAND 73 WABASSO FINE SAND 74 WABASSO FINE SAND, DEPRESSIONAL 75 WAUCHULA FINE SAND 76 WAUCHULA FINE SAND, DEPRESSIONAL 77 WINDER FINE SAND 98 OUT OF COUNTY-NO DATA 99 OPEN WATER

25 UTILITY SERVICE AREAS Page 25 of 25 SR 40 W E SUBJECT PROPERTY SR 11 DAYTONA BEACH DELAND ORMOND BEACH 1 " = 5,000 ' 12/14/2017 I