April 19, Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 15 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 W. Indiana Avenue, DeLand, FL (386) PLDRC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: STAFF: April 19, Planning and Land Development Regulation Commission (PLDRC) Z Rezoning from the Rural Agriculture (A-2) zoning classification to the Light Industrial (I-1) zoning classification on a 5.14-acre parcel Indian Lake Road, Daytona Beach Tim Del Rosal Susan Jackson, AICP, Senior Planning Manager I. SUMMARY OF REQUEST The applicant/owner desires to rezone a 5.14-acre parcel, located on Indian Lake Road, from Rural Agriculture (A-2) to Light Industrial (I-1) for purposes of locating his towing business on the property. Staff Recommendation: Forward the rezoning application, case number Z , to county council for final action with a recommendation of approval.

2 Page 2 of 15 II. SITE INFORMATION 1. Location: East side of Indian Lake Road, approximately one-half mile north of the intersection of Indian Lake Road and U.S. Highway Parcel No.: Project Size: 5.14 acres 4. County Council District: 4 5. Zoning: Existing: Rural Agriculture (A-2) Proposed: Light Industrial (I-1) 6. FLU Designation: Industrial 7. Overlay Zone: Airport Protection Overlay (A) 8. ECO Map: No 9. NRMA Overlay: No 10. Adjacent Zoning and Land Use: Direction Zoning East Business Planned Unit Development/ Low Impact Urban (BPUD(1)) Business Planned Unit Development South Business Planned Unit Development North West Public (P) Future Land Use Existing Use Low Impact Urban Motor vehicle wholesale lot Low Impact Urban Motor vehicle wholesale lot Low Impact Urban Storage/Warehouse: Commercial and Industrial Equipment Rental Public/Semi-public Volusia County fuel site 11. Location Maps Zoning Map Future Land Use Map

3 Page 3 of 15 III. BACKGROUND The subject property obtained a future land use amendment from Low Impact Urban to Industrial on September 4th, 2008 by adoption of Ordinance The Industrial future land use is limited to a Floor Area Ratio of The applicant/owner wishes to utilize the subject property to house his towing business. He plans on parking towed vehicles on the site, as well as maintaining his trucks and equipment on site. The I-1 zoning classification is the appropriate zoning classification for this use and is compatible with the Industrial future land use 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. The property was amended from the Low Impact Urban future land use designation to the Industrial future land use designation in The Industrial zoning classification is assumed compatible, pursuant to the Future Land Use/Zoning Consistency Matrix contained in the Comprehensive Plan. The specific range and intensity of uses appropriate for a particular industrial area varies as a function of location, availability of public services, adequate access and compatibility with surrounding uses. The I-1 uses allowed per the zoning classification are appropriate and compatible with the surrounding uses as described in the table in Section II above. The existing A-2 zoning is not compatible with the future land use and adjacent development/land uses. (2) Its impact upon the environment or natural resources. The site is currently wooded and may contain suitable habitat for gopher tortoise, a threatened species. The property is not situated within the Natural Resources Management Overlay or Environmental Core Overlay. It is not located in a 100-year floodplain, and does not contain soils with poor development potential. Development of the site will be required to complete the site plan approval process and shall meet or exceed the minimum standards of the Land Development Code. Habitat protection and minimum tree preservation requirements will be key areas of concern. Environmental Permitting staff has conducted an inspection of the site and has no concerns with the rezoning. Staff comments are attached for reference.

4 Page 4 of 15 (3) Its impact upon the economy of any affected area. This area has been slated for industrial/institutional type development for many years. The Volusia County Sheriff Operations Complex, Medical Examiner, Regional Juvenile Detention Center, and Volusia County School Board Administrative Facility are all located along the same segment of Indian Lake Road. Industrial uses in the area include P&S Paving, Vulcan Materials, Redimix of Daytona, Manheim Vehicle Wholesale Facility, Autobuy Daytona Vehicle Wholesale Facility, etc. Rezoning this property to industrial will prevent a potential incompatible use with the current agricultural zoning classification. Rezoning to industrial will support compatibility between adjacent and nearby uses. This rezoning will not negatively impact the economy of the affected area. (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. The property is within the City of Daytona Beach Utility Service area. Pursuant to the Comprehensive Plan, central utilities are required if available to the property. Fire, police, and solid waste collection services are available to the property. Based on an analysis of theoretical maximum impacts, the proposed rezoning to I-1 has the potential to add 55 p.m. peak-hour trips over the amount that would be generated on the property by A-2 uses. If the rezoning is approved, development of the property will increase traffic on roadways in the vicinity, but will not cause any particular segment to exceed its adopted Level-of-Service standard. Comments from Traffic Engineering are attached for reference. The proposed rezoning is unlikely to have significant impact on necessary government services. (5) Any changes in circumstances or conditions affecting the area. There have been no changes affecting the area. (6) Any mistakes in the original classification. There are no mistakes in the property s current zoning classification of A-2; however, per the Consistency Matrix in the Comprehensive Plan, it is not compatible with the Industrial future land use designation. Changing the zoning classification to I-1 will make it consistent with the future land use designation. (7) Its effect upon the use or value of the affected area. The area is targeted for Industrial/Institutional type development. The requested rezoning is compatible with these uses and will allow infill industrial development consistent with surrounding properties. It is unlikely that rezoning this site will have an impact on the use or value of the affected area.

5 Page 5 of 15 (8) Its impact upon the public health, welfare, safety, or morals. A change in zoning classification from A-2 to I-1 will have no negative impacts on the public health, welfare, safety, or morals of the area. V. STAFF RECOMMENDATION Staff finds the proposed rezoning consistent with the comprehensive plan and the rezoning evaluation criteria of Section (e) of the county code. Therefore, staff recommends that the PLDRC forward the rezoning application, case number Z , to county council for final action with a recommendation of approval. 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 meeting for any application will be grounds to continue an application to the next planning and land development regulation commission meeting. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission meeting. Any new information presented at the county council meeting that was 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. VII. ATTACHMENTS Resolution No XX Environmental Permitting Comments Transportation Engineering Comments Maps

6 Page 6 of 15 RESOLUTION A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF VOLUSIA COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN HEREIN DESCRIBED PROPERTY FROM A-2 TO I-1; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 72, Article II, Section of Volusia County Code of Ordinance, as amended, the Volusia County Council held public hearings after due public notice on May 15, 2018, on the application of Tim Del Rosal, owner, Zoning case Z , for an amendment to the Official Zoning Map of Volusia County; NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE THOMAS C. KELLY ADMINISTRATION CENTER, DELAND, FLORIDA, ON THIS 15TH DAY OF MAY A.D. 2018, AS FOLLOWS: SECTION I: In accordance with Volusia County Zoning Ordinance, as amended, the Volusia County Council hereby amends the Official Zoning Map of Volusia County, Florida, from Rural Residential (A-2) zoning classification to the Light Industrial (I-1) zoning classification, and that portion of the property that lies within the Airport Protection Overlay Zone pursuant to Section , County Code of Ordinances, and that the regulations of this zone shall continue to apply after the amendment of the zoning map and shall identify said overlay by adding the letter A as a suffix to the amended zoning classification, on the following described real property: ALL E OF INDIAN LAKE RD & N OF OLD DELAND RD EXC PARCEL IN & PER OR 2919 PG 231 MEAS 350 FT ON E/L & FT ON N/L & EXC PARCEL PER OR 3203 PG 0834 MEAS 300 FT ON W/L & FT ON N/L & EXC PARCEL ANNEXED INTO DAYTONA BEING N FT MEAS ON INDIAN LAKE RD & EXC PT PER OR 4173 PG 3975 MEAS FT ON E/L OF SAID RD & FT ON N/L & EXC IRREG PARCEL IN & PER OR 6226 PGS MEAS FT ON INDIAN LAKE RD & MEAS FT ON N/L PER OR 4780 PGS TO 2115 PER OR 6314 PG 1563 PER OR 7459 PG 3477 Parcel No.: SECTION II: The Zoning Enforcement Official is hereby directed to amend the Official Zoning Map of Volusia County to conform with Section I of this Resolution.

7 Page 7 of 15 SECTION III: This Resolution shall take effect immediately upon its adoption. DONE AND ORDERED IN OPEN HEARING THIS 15TH DAY OF MAY, A.D COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA ATTEST: James T. Dinneen County Manager BY: Ed Kelley County Chair RESOLUTION Page 2 of 2

8 Page 8 of 15 Inter-Office Memorandum TO: Susan Jackson, Senior Planning Manager DATE: March 13, 2018 FROM: Keith Abrahamson, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: April 19, 2018 Parcel #: Case #: Z Environmental Permitting (EP) has reviewed the application and conducted a site inspection for this project. Portions of the property contain suitable habitat for the gopher tortoise (GT), a threatened species. Per Section of the Land Development Code. If any GT burrows are found on site and their 25 foot buffers cannot be avoided, a Florida Fish and Wildlife Conservation Commission GT relocation permit will be required. EP does not object to the rezoning on a conceptual level, but portions of the proposed tree preservation areas must be relocated. EP will request adjustments to the plans during future reviews, when the applicant will be required to demonstrate compliance with the environmental provisions of the land development regulations. This will include area tree preservation, tree minimum standards, tree removal and replacement, and gopher tortoise requirements. Additional information may be requested at that time.

9 Page 9 of 15 INTER-OFFICE MEMORANDUM TO: Susan Jackson, AICP DATE: March 9, 2018 Senior Planning Manager FROM: Melissa Winsett FILE: Transportation Planner SUBJECT: Downtown Towing LOCATION: Indian Lake Road, approximately a half mile north of US 92 SITE INFORMATION The proposed zoning amendment would allow Light Industrial zoning (I-1) on approximately 5.14 acres. The existing zoning classification is Rural Agriculture (A-2A). The location is approximately a half mile north of the Indian Lake Road/US 92 intersection. Theoretically, the maximum trips the A-2A zoning classification could produce is one single-family residential dwelling unit. The proposed rezoning would be able to allow 134,339 square feet of light industrial land use, resulting in a net trip increase of 55 PM peak-hour trips. See below: Existing Zoning: Existing Zoning Theoretical Max Intensity** A-1 1 Single-Family DU Allowable Density 1 Single Family DU per 5 Acres PM Trip Net Daily Trips Generation Rate* 1/SFRDU 1.* Proposed Zoning Theoretical Max Intensity I-1 General Light Industrial/FAR 0.60 Allowable Density 5.14 x FAR 0.60/134,339 SF Trip Generation Rate* 0.42 per 1,000 SF Potential Additional Daily Trips: +55 * Trips were obtained from ITE Trip Generation, 9 th Edition. Net Daily Trips 56*

10 Page 10 of 15 Roadway Analysis The 2016 Volusia County Traffic Counts were used to determine the peak-hour traffic volumes and the existing Level of Service (LOS). The Volusia County Comprehensive Plan Maximum Capacity was used to determine the potential LOS after addition of the anticipated project trips to the 2016 peak-hour counts for the impacted thoroughfare roadway. US 92 (from Red John Drive to I-4 Eastbound Ramp) 2016 Peak-Hour 2016 LOS Comp. Plan Comp. Plan Potential Count Max. Capacity Allowable LOS LOS 1,707 C 3,580 D C Indian Lake Road (from Tiger Bay Rd to US 92) 2016 Peak-Hour 2016 LOS Comp. Plan Comp. Plan Potential Count Max. Capacity Allowable LOS LOS 560 C 1,230 E C The additional 55 trips would not cause LOS problems for the thoroughfares near this development. CONCLUSION The existing transportation system has adequate capacity to accommodate the additional trips associated with the proposed rezoning. Any additional comments will be provided through the site plan process. MW/

11 ROOSEVELT BLVD HIGHRIDGE AV FIRE TOWER RD PROPERTY LOCATION Z Page 11 of 15 INDIAN LAKE RD DAYTONA BEACH C COMBS IR TIGER BAY RD OLSON DR RED JOHN DR KEY T ON DR OLD DELAND RD 4TH ST GENERAL MARSHALL RD US HWY 92 (INTL SPEEDWAY BLVD W) 92 KELLY AV COLIN GENERAL CUSTER AV ASPEN ST 4 I-4 W R OOSE VELT CT I-4 E SUBJECT PROPERTY 1 " = 2,000 ' I 3/9/2018

12 AERIAL Z SO OL ND Page 12 of 15 R IND IAN LAK ER D KE Y SUBJECT PROPERTY TO ND R IMAGE DATE 2015 I 1 " = 400 ' 3/9/2018

13 ZONING CLASSIFICATION Z Page 13 of 15 OLSON DR BPUD(1)A A-2A PA INDIAN LAKE RD IPUD(1)A KEYTON DR IPUD(5)A SUBJECT PROPERTY FROM: A-2 TO: I-2 A-2C(5)A B-4C(5)A 1 " = 400 ' I 3/9/2018 COMMERCIAL INDUSTRIAL INCORPORATED PUBLIC AGRICULTURAL

14 FUTURE LAND USE Z Page 14 of 15 OLSON DR LIU INDIAN LAKE RD I PSP KEYTON LIU DR I SUBJECT PROPERTY PSP COM 1 " = 400 ' I 3/9/2018 COMMERCIAL INCORPORATED INDUSTRIAL LOW IMPACT URBAN PUBLIC/SEMI PUBLIC

15 ECO/NRMA OVERLAY Z Page 15 of 15 OLSON DR INDIAN LAKE RD KEYTON DR SUBJECT PROPERTY ECO NRMA 1 " = 400 ' I 3/9/2018