NUVIEW IRA, INC. REZONING

Transcription

1 { MARTIN COUNTY, FLORIDA DEVELOMENT REVIEW STAFF REORT A. Application Information Applicant and roperty Owner Agent for the Applicant: County roject Coordinator: Growth Management Director: roject Number: Application Type and Number: Report Number: NUVIEW IRA, INC. REZONING Application Received: 03/29/2017 Transmitted: 03/30/2017 Date of Report: 04/25/2017 LA Meeting: BCC Meeting: B. roject description and analysis Nuview IRA, Inc. Fox Wackeen Dungey, et al, LL. Ray Robison, Esq. ete Walden, Senior lanner Nicki van Vonno, AIC (Recused) D _0425_ _DRT_Staff_Final TBD TBD This is an application for a proposed amendment to the county Zoning Atlas for a residential district designation (Section 3.2.E, LDR). The proposed amendment is to change the existing zoning district from the current RT, Mobile Home Subdivision District, to the RM-8, Medium Density Residential District or the most appropriate zoning district. The vacant property is approximately 4.27 acres located on the northwest corner of SE orter Blvd and SE Dixie Highway in Hobe Sound. Included in this application is a request for a Certificate of ublic Facilities Exemption. The subject property is zoned RT, Mobile Home Subdivision District, and is designated Medium Density on the Future Land Use Map of the County's Comprehensive Growth Management lan (CGM). The RT zoning district is a Category B district in the current Article 3 zoning code. The current RT zoning of the subject property is not consistent with the Medium Density future land use designation of the CGM. Therefore the rezoning is considered mandatory. The applicant has requested a zoning change to the RM-8, Medium Density Residential District. The Medium Density land use designation on the subject property restricts the use of the land to those uses that are provided for in the CGM and the implementation zoning district(s) contained in the Article 3 zoning regulations. The maximum density allowance is eight units per acre. There are four (4) standard Category A zoning districts that are available to implement the Medium Density land use policies of the CGM. They are the RS-6, RS-8, RM-6 and RM-8 Medium Density Residential Districts. The S component of the districts indicate a limitation for the use of the property to single-family

2 dwellings, the M component of the districts indicate an allowance for the use of the property for single-family and multiple-family dwellings and the numbers 6 and 8 indicate the maximum residential density permitted by the zoning. In addition to the standard zoning districts, the applicant has the UD, lanned Unit Development district option which provides more flexibility to the applicant in exchange for more control by the County including a commitment to a specific use and site plan for the property. The property was platted in 1969 as part of the Angle-In Mobile Home Court. The plat was vacated through the adoption of Resolution on September 17, According to historical aerials of the property, it does not appear that mobile homes were ever developed on the property. The following matrix indicates development standards for the existing and proposed zoning categories. C A T Zoning District Min. Lot Area (sq. ft.) Min. Lot Width (ft) Table (Excerpt) Development Standards Max. Res. Density (upa) Max. Hotel Density (upa) Max. Building Coverage (%) Max. Height (ft)/(stories) Min. Open Space (%) Other Req. (footnote) A RS-6 7, A RS-8 5, A RM-6 7,500(h) 50(h) A RM-8 5,500(h) 50(h) B RT 5,500(f) 50 (a) 20/1 30 (b), (i) (a) Maximum residential density shall be one single family residential dwelling unit per lawfully established lot. (b) In the RT district: (1) Mobile home subdivisions shall be surrounded by a landscaped buffer strip at least 25 feet in depth on all sides. Buffers shall be unoccupied, except for underground utilities, canals, ditches, landscaping and entrance ornamentation. (f) Each mobile home subdivision shall have a site area of at least ten acres. (h) The minimum lot area and minimum lot width requirements shall not apply to zero lot line, townhouse or multifamily developments on lots created after March 29, (i) In the RT and MH-S districts, single-family detached dwellings (site-built dwellings) shall also comply with the provisions of Section age 2 of 14

3 C A T Zoning District Front/by story (ft.) Table (Excerpt) Structure Setbacks Rear/by story (ft.) Side/by story (ft.) A RS A RS A RM A RM B RT Table (Excerpt) ermitted Uses - Category "A" RS-6, RS-8, RM-6 and RM-8 Districts USE CATEGORY Residential Uses Modular homes Multifamily dwellings Single-family detached dwellings Townhouse dwellings Duplex dwellings Zero lot line single-family dwellings ublic and Institutional Uses Community centers Educational institutions Neighborhood assisted residences with six (6) or fewer residents Neighborhood boat launches laces of worship rotective and emergency services ublic libraries ublic parks and recreation areas, active ublic parks and recreation areas, passive Recycling drop-off centers R S 6 R S 8 R M 6 R M 8 age 3 of 14

4 Residential care facilities Utilities Commercial and Business Uses Bed and breakfast inns Commercial day care Family day care Golf courses TABLE (Excerpt) ermitted Uses - Category "B" RT Zoning District USE CATEGORY Residential Uses Mobile homes Modular homes Single-family detached dwellings * ublic and Institutional Uses Community centers Educational institutions Neighborhood assisted residences with six or fewer residents laces of worship rotective and emergency services ublic libraries ublic parks and recreation areas, active ublic parks and recreation areas, passive Utilities Bed and breakfast inns Commercial day care Family day care Commercial and Business Uses Golf courses R T age 4 of 14

5 *3.98.A. Within the RT, MH-S and T zoning districts, in addition to all other requirements of such districts, single-family detached dwellings (site-built dwellings) shall: 1. Be allowed to replace units where the property owner has established, in the manner prescribed by law, a homestead exemption under Article VII, Section (6) (a), Florida Constitution. Verification of the homestead exemption must be included with the building permit application. Removal of the mobile home unit must occur prior to approval of the certificate of occupancy for the site-built unit. Standards for Amendments to the Zoning Atlas 1. The Comprehensive Growth Management lan (CGM) states in Chapter 4, Section 4.4: Goal 4.4.: To eliminate or reduce uses of land that are inconsistent with community character or desired future land uses. And, in Objective 4.4A. To eliminate inconsistencies between the FLUM and the zoning maps and regulations. 2. The Martin County Land Development Regulations (LDR), in Section 3.2 E.1. provide the following Standards for amendments to the Zoning Atlas. The Future Land Use Map of the CGM (Comprehensive Growth Management lan) establishes the optimum overall distribution of land uses. The CGM also establishes a series of land use categories, which provide, among other things, overall density and intensity limits. The Future Land Use Map shall not be construed to mean that every parcel is guaranteed the maximum density and intensity possible pursuant to the CGM and these Land Development Regulations. All goals, objectives, and policies of the CGM shall be considered when a proposed rezoning is considered. The County shall have the discretion to decide that the development allowed on any given parcel of land shall be more limited than the maximum allowable under the assigned Future Land Use Category; provided, however, that the County shall approve some development that is consistent with the CGM, and the decision is fairly debatable or is supported by substantial, competent evidence depending on the fundamental nature of the proceeding. If upon reviewing a proposed rezoning request the County determines that the Future Land Use designation of the CGM is inappropriate, the County may deny such rezoning request and initiate an appropriate amendment to the CGM. a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive lan; and, The subject property was designated as Medium Density, up to 8 units per acre on the original Future Land Use Map (FLUM) adopted in The requested RM-8 Zoning District implements the Medium Density Residential Future Land Use policies of the CGM. The granting of a zoning change to the RM-8 Zoning District by the County will be consistent with the policies set forth in the CGM. b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and, Zoning implementation policies and requirements are contained in Article 3, Zoning age 5 of 14

6 Regulations, Land Development Regulations (LDRs), Martin County Code. ursuant to Article 3 there are 4 straight Category A zoning districts available to implement the Medium Density future land use classification, which are RM-6, RS-6, RS-8 and the RM-8 Zoning Districts. The choice of the most appropriate district for the subject property is a policy decision the Local lanning Agency (LA) and the Board of County Commissioners (BCC) are asked to consider based on the standards for amendments to the zoning atlas provided in Section 3.2 E.1., Article 3, Land Development Regulations (LDR), Martin County Code (MCC). In addition to the straight zoning district, the UD (lanned Unit Development) District is also available as another option. ursuant to Section 3.10.B., LDR, the RM-8 district is intended to implement the policies of the CGM for lands designated Medium Density on the Future Land Use Map of the CGM. Therefore, rezoning the subject property to the RM-8 Zoning District is consistent with the Land Development Regulations. The granting of a zoning change by the County does not exempt the applicant from any of the County s Land Development Regulations. The applicant must demonstrate full compliance with all regulations prior to any Development Order approval action taken by the County. c. Whether the proposed district amendment is compatible with the character of the existing land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and, The subject property is approximately 4.27 acres located on the northwest corner of SE orter Boulevard and SE Dixie Highway. The property has existing mobile homes to the south, the St John Chrysostom Greek Orthodox Church to the west, the Hobe Sound Library and single family residences to the north and the Dixie Highway and FEC Railroad Right-ofways to the east. The property is in the Hobe Sound Community Redevelopment Area. There is a mix of uses in the area ranging from commercial and retail uses to single and multi-family and mobile home communities. The redevelopment area extends approximately.6 miles to the north and more than 1.5 miles to the south. The requested zoning change to the RM-8 Zoning District is compatible with distribution of uses in the area and implements the future land use on the property. The properties to the north, south and west have the same Medium Density Future Land Use designation with the exception of the Hobe Sound Library, which is General Institutional. The property to the east is Right-of way for Dixie Highway and the FEC Railroad. The properties to the north have General Institutional and Medium Density future land use designations. To the east is SE Dixie Hwy right-of-way and FEC railway. To the south is SE orter Blvd. right-of-way and Medium Density. To the west is Medium Density future land use designation. The requested zoning change to the RM-8 zoning district is compatible and consistent with the adjacent and surrounding land uses. d. Whether and to what extent there are documented changed conditions in the area; and, age 6 of 14

7 The pattern of development which has focused on residential and commercial uses is well established. A review of historical aerials and a comparison of the original future land use map to the current parcel configurations and development of the area indicate that conditions have not substantially changed in the area since the adoption of the County s Future Land Use Map in e. Whether and to what extent the proposed amendment would result in demands on public facilities; and, The subject property is located within the rimary Urban Services District of the County. As such, the full range of urban services at service levels established by the CGM is available or must be made available for any uses that are planned for the property. Water and wastewater services are provided to the site by South Martin Regional Utilities (SMRU), the regional service provider for this area of the County. The property will have direct access to SE Dixie Highway, a minor arterial road and access to SE Federal Highway via SE orter Boulevard. The Martin County School Board has issued a finding of no objection to the rezoning request. The request to rezone does not increase the maximum Density allowed by the Medium Density Future Land Use Designation. f. Whether and to what extent the proposed amendment would result in a logical, timely and orderly development pattern which conserves the value of existing development and is an appropriate use of the county's resources; and, The Medium Density future land use designation for the property and the prior inclusion of the property within the rimary Urban Service District are key determinants regarding the uses that may ultimately occur on the property. The permitted uses and Land Development regulations pertaining to the RM-8 Zoning District are well suited for the area and will conserve the value and development pattern that is well established. g. Consideration of the facts presented at the public hearings. The subject application requires two public hearings before the Local lanning Agency, who will make a recommendation on the request, and the Board of County Commissioners, who will take final action on the request. The two hearings will provide the public an opportunity to participate in the review and decision making process. C. Staff recommendation The specific findings and conclusion of each review agency related to this request are identified in Sections F through J of this report. The rezoning process does not include a site plan review; therefore departments related to site plan review were not included in this rezoning staff report. The current review status for each agency is as follows: Section Division or Department Reviewer hone Assessment F Comprehensive lan eter Walden Comply G Development Review eter Walden Comply H School Board Kimberly Everman ending I County Attorney Krista Storey Review ongoing J Adequate ublic Facilities eter Walden Exempt age 7 of 14

8 D. Review Board action ursuant to Sections 10.1.D., 10.4.A.1., and 10.5.A.1., LDR, Martin County, Fla. (2016), applications for a zoning map change shall be subject to a review and recommendation of the Local lanning Agency (LA) with final action to be determined by the Board of County Commissioners (BCC). Both the LA and BCC meetings shall be public hearings in accordance with Section 10.7., LDR, Martin County, Fla. (2016). E. Location and site information Location: Along the north side of SE orter Blvd between the Greek Church and SE Dixie Highway in Hobe Sound arcel number(s) and address: Unaddressed Existing zoning: RT, Mobile Home Subdivision District Requested zoning: RM-8, Medium Density Residential District Future land use: Medium Density (Residential 8 Units/Acre) Community redevelopment area: Hobe Sound Commission district: 3 Municipal service taxing unit: Southern MSTU lanning area: South County Taxing district: C Traffic analysis zone: 69 Site Map age 8 of 14

9 Aerial Adjacent roperty Uses: North: Martin County Library, Single Family homes and vacant parcels; South: Mobile home development; East: SE Dixie Highway and FEC Railroad Right-of-Way; West: Church. Zoning Atlas Excerpt Adjacent roperty Zoning Districts: North: R-3A, Liberal Multiple-Family District; South: SE orter Blvd right-of-way, T, Mobile Home ark District; East: SE Dixie Hwy right-of-way, FEC railway; West: RT, Mobile Home Subdivision District. age 9 of 14

10 Land Use Map Excerpt Adjacent Future land use designations: North: General Institutional, Medium Density East: SE Dixie Hwy right-of-way, FEC railway, Low Density South: SE orter Blvd right-of-way, Medium Density West: Medium Density F. Determination of compliance with Comprehensive Growth Management lan requirements - Growth Management Department Findings of Compliance: Zoning Conditions The Future Land Use Map of the CGM (Comprehensive Growth Management lan) establishes the optimum overall distribution of land uses. The CGM also establishes a series of land use categories which provide, among other things, overall density and intensity limits. The Future Land Use Map shall not be construed to mean that every parcel is guaranteed the maximum density and intensity possible pursuant to the CGM and these Land Development Regulations. All goals, objectives and policies of the CGM shall be considered when a proposed rezoning is considered. Martin County shall rezone individual parcels to the most appropriate zoning district consistent with the Land Development Regulations. MARTIN COUNTY, FLA., CGM OLICY 4.4A.1 (2016) The Growth Management Department Development Review Division staff has reviewed the application and finds it in compliance with the applicable regulations. There are no unresolved Comprehensive Growth Management lan requirements issues associated with this application. MARTIN COUNTY, FLA., CGM OLICY 4.4A.1. (2016). age 10 of 14

11 G. Determination of compliance with land use, site design standards, zoning, and procedural requirements - Growth Management Department Findings of Compliance: ursuant to Section 3.2.E.2., LDR, Martin County, Fla. (2002), in the review of a proposed amendment to the Zoning Atlas, the Board of County Commissioners shall consider the following: a. Whether the proposed amendment is consistent with all applicable provisions of the Comprehensive lan; and b. Whether the proposed amendment is consistent with all applicable provisions of the LDR; and c. Whether the proposed district amendment is compatible with the character of the existing land uses in the adjacent and surrounding area and the peculiar suitability of the property for the proposed zoning use; and d. Whether and to what extent there are documented changed conditions in the area; and e. Whether and to what extent the proposed amendment would result in demands on public facilities; and f. Whether and to what extent the proposed amendment would result in a logical, timely and orderly development pattern which conserves the value of existing development and is an appropriate use of the County's resources; and g. Consideration of the facts presented at the public hearings. The Growth Management Department Development Review Division staff has reviewed the application and, pursuant to the analysis provided in Section B of this report, finds this application in compliance with the applicable regulations. There are no unresolved land use, site design standards, zoning and procedural requirements issues associated with this application. MARTIN COUNTY, FLA., LDR SECTION 3.2.E. (2016) Additional Information: Information #1: Notice Of A ublic Hearing The notice of a public hearing regarding development applications shall be mailed at least 14 calendar days (seven calendar days if the application is being expedited pursuant to section 10.12) prior to the public hearing by the applicant to all owners of real property located within a distance of 500 feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 1,000 feet. In addition, notice shall be mailed to all homeowner associations, condominium associations and the owners of each condominium unit within the notice area. MARTIN COUNTY, FLA., LDR SECTION 10.6.E.1. (2016) Information #2: Notice(s) of public hearings regarding development applications shall be published by the County at least 14 days prior to the date of the public hearing (seven calendar days if the application is being expedited pursuant to section 10.12) in the legal advertisement section of a newspaper of general circulation in Martin County. The applicant shall reimburse the County for the cost(s) of the newspaper ad(s) as a post approval requirement for the application. MARTIN COUNTY, FLA., LDR SECTION 10.6.D. (2016) age 11 of 14

12 Information #3: Based upon the staff findings of compliance, this application will be scheduled for the next LA meeting, and following that hearing will be scheduled for the next BCC meeting dependent upon the County s scheduling policy. H. Determination of compliance with Martin County School Board Findings of Compliance: Martin County School District General School Capacity Analysis: This general analysis is completed to meet the development review policies specified in Section of the Martin County, City of Stuart and Martin County School Board Interlocal Agreement for School Facilities Siting and lanning, and Section 17.7 ublic School Facilities Element of the Martin County Comprehensive lan. Applicant/roject: NUVIEW IRA, Inc. - Rezoning roject#: Date: 4/19/17 Applicant Request: Request for a zoning district change from the current RT, Mobile Home Subdivision District, to the RM-8, Medium Density Residential District or the most appropriate zoning district. The vacant property is approximately 4.27 acres located along the north side of orter Blvd between the Greek Church and Dixie Highway in the Hobe Sound CRA. Included in this application is a request for a Certificate of ublic Facilities Exemption. Student Generation Calculation: Residential Units 32 Current Comp lan Generation.222 Forecasted Student Generation 7 Elementary 3 Middle 2 High 2 School Zone Enrollment & ermanent Capacity: CSA Enrollment COFTE rojected erm. FISH South Zone Elementary (Seawind, Hobe Sound, Crystal Lake) South Zone Middle (Murray Middle, Anderson Middle) South Zone High School (South Fork HS) Note: rojected Capacity reported from MCSD Capital Work lan Comments: This General School Capacity Analysis shall be used in the evaluation of a development proposal, but shall not provide a guarantee that the students from the above referenced project will be assigned to age 12 of 14

13 attend the particular school(s) listed. The analysis indicates that the zoned high school for this area is currently over capacity. A School Concurrency Review is completed for Final Site lan applications that include residential units. repared by: Kimberly Everman, Capital rojects I. Determination of compliance with legal requirements - County Attorney's Office Review ongoing. J. Determination of compliance with the adequate public facilities requirements - responsible departments The review for compliance with the standards for a Certificate of Adequate ublic Facilities Exemption for development demonstrates that no additional impacts on public facilities were created in accordance with Section 5.32.B., LDR. Exempted development will be treated as committed development for which the County assures concurrency. K. ost-approval requirements Approval of the development order is conditioned upon the applicant s submittal of all required documents, executed where appropriate, to the Growth Management Department (GMD), including unpaid fees, within sixty (60) days of the final action granting approval. Item #1: ost Approval Fees: The applicant is required to pay all remaining fees when submitting the post approval packet. If an extension is granted, the fees must be paid within 60 days from the date of the development order. Checks should be made payable to Martin County Board of County Commissioners. Item #2: Recording Costs: The applicant is responsible for all recording costs. The Growth Management Department will calculate the recording costs and contact the applicant with the payment amount required. Checks should be made payable to the Martin County Clerk of Court. L. Fees ublic advertising fees for the development order will be determined and billed subsequent to the public hearing. Fees for this application are calculated as follows: Fee type: Fee amount: Fee payment: Balance: Application review fees: $ $ $0.00 Advertising fees*: TBD Recording fees**: TBD * Advertising fees will be determined once the ads have been placed and billed to the County. ** Recording fees will be identified on the post approval checklist. age 13 of 14

14 M. General application information Applicant and roperty Owner: Agent: Nuview IRA, Inc. as Custodian for Estaline A. Rogers, IRA c/o Julian Rogers 8217 SE Coconut St Hobe Sound, FL Fox Wackeen Dungey, et al, LL. Ray Robison, Esq SE Willoughby Blvd Stuart, FL N. Acronyms ADA... Americans with Disability Act AHJ... Authority Having Jurisdiction ARD... Active Residential Development reference BCC... Board of County Commissioners CGM... Comprehensive Growth Management lan CIE... Capital Improvements Element CI... Capital Improvements lan FACBC... Florida Accessibility Code for Building Construction FDE... Florida Department of Environmental rotection FDOT... Florida Department of Transportation LDR... Land Development Regulations LA... Local lanning Agency MCC... Martin County Code MCHD... Martin County Health Department NFA... National Fire rotection Association SFWMD... South Florida Water Management District W/WWSA... Water/Waste Water Service Agreement O. Attachments age 14 of 14