September 10, Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 11 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL (386) PLDRC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: September 10, Planning and Land Development Regulation Commission (PLDRC) Z Rezoning from the Rural Agriculture (A-2) and Transitional Agriculture (A-4) classifications to the Conservation (C) classification 2201 Fatio Road, DeLand Volusia County Volusia County Susan Jackson, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting a rezoning from Rural Agriculture (A-2) and Transitional Agriculture (A-4) classifications to the Conservation (C) classification on acres located at 2201 Fatio Road, DeLand. This is a concurrent rezoning with a future land use amendment, case CPA Staff Recommendation: Forward to the county council for final action with a recommendation of approval.

2 Page 2 of 11 II. SITE INFORMATION 1. Location: Adjacent to Lake Beresford Park, near the intersection of Deerfoot Road and Deer Paw Trail. 2. Parcel No: Property Size: acres 4. County Council District: 1 5. Zoning: Rural Agriculture (A-2) and Transitional Agriculture (A-4) classifications to the Conservation (C) 6. FLU Designation: Conservation 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION FUTURE LAND USE ZONING CURRENT USE Subject Property Conservation (proposed) Rural Agriculture (A-2) Transitional Agriculture (A-4) Vacant, wooded North Rural Rural Agriculture (A-2) Rural residential/agriculture East Rural Rural Agriculture (A-2) Rural residential/agriculture and Rural Agriculture Estate (RA) South Conservation Conservation (C) Lake Beresford Park West Conservation Conservation (C) Lake Beresford Park 10. Maps Future Land Use Map Zoning Map

3 Page 3 of 11 III. BACKGROUND The subject property is approximately acres. Volusia County purchased the property in January 2010 and manages it as part of Scrub Oak Preserve. The property adjoins the original Lake Beresford Park located west of Fatio Road and south of McGregor Road. Blue Spring State Park adjoins the property on the southwest. The property is undergoing a concurrent future land use amendment to a Conservation designation. IV. REVIEW CRITERIA AND ANALYSIS Section (e) of the zoning code includes the following criteria for review of rezoning applications: (1) Whether it is consistent with all adopted elements of the comprehensive plan. This rezoning is consistent with the comprehensive plan, subject to approval of the concurrent future land use amendment redesignating the property from Rural to Conservation. There are several comprehensive plan policies that support this request: Goal 1.2 Future development shall be designed and located in a manner that protects the County s natural resources, particularly environmentally sensitive areas. Objective Volusia County shall protect natural, and historic resources from the adverse impact of development as outlined in the Conservation and Historic Preservation elements. Policy Species of flora and fauna listed in the Conservation Element of the plan as endangered, threatened, or species of special concern shall be protected through inclusion of their habitats in the Conservation, Environmental Systems Corridor, and Natural Resource Management Area (NRMA) land use categories and shall be given priority in the land acquisition program. Goal 12.2 Protect, conserve, and enhance the ecological resources of the County, maintaining their quality and contribution to the quality of life and economic well-being of Volusia County.

4 Page 4 of 11 Objective To provide for the protection of areas determined to be environmentally sensitive, and direct growth away from such areas. (2) Its impact upon the environment or natural resources. Approval of a conservation zoning classification on this property supports the protection of the environment and the natural resources of the property. The property is preserved in a natural state and used for passive recreation. (3) Its impact upon the economy of any affected area. The zoning change will have a de minimis effect on the economy of the area. The property is preserved in a natural state and used for passive recreation. (4) Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. Approval of the requested rezoning will not increase impacts on governmental services. The property has been functioning as a preserve since its purchase. (5) Any changes in circumstances or conditions affecting the area. There have been no changes in circumstances or conditions affecting the area. (6) Any mistakes in the original classification. There are no mistakes in the original classification. (7) Its effect upon the use or value of the affected area. There will be no effect on the use and value of the area. (8) Its impact upon the public health, welfare, safety, or morals. This rezoning is in the best interest of the public health, welfare, safety or morals of the citizens of Volusia County. V. STAFF RECOMMENDATION Staff finds the requested rezoning meets the specified criteria for considering a rezoning application. Therefore, staff recommends approval of the rezoning from the Rural Agriculture (A-2) and Transitional Agriculture (A-4) zoning classifications to the Conservation (C) zoning classification.

5 Page 5 of 11 VI. 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.

6 Page 6 of 11

7 Page 7 of 11

8 Page 8 of 11

9 Page 9 of 11

10 Page 10 of 11

11 Page 11 of 11